Md. Code, Courts and Judicial Proceedings § 3-8A-10 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-10
§3–8A–10.
Status: in_force

(a) This section does not apply to allegations that a child is in need of assistance, as defined in § 3–801 of this title.

(b) An intake officer shall receive:

(1) Complaints from a person or agency having knowledge of facts which may cause a person to be subject to the jurisdiction of the court under this subtitle; and

(2) Citations issued by a police officer under § 3–8A–33 of this subtitle.

(c) (1) (i) Except as provided in subparagraph (ii) of this paragraph, in considering the complaint, the intake officer shall make an inquiry within 15 business days as to whether the court has jurisdiction and whether judicial action is in the best interests of the public or the child.

(ii) If a law enforcement officer requests that the intake officer authorize detention for a child under § 3–8A–15 of this subtitle and the intake officer does not authorize detention, the intake officer shall make an inquiry within 2 business days as to whether the court has jurisdiction and whether judicial action is in the best interests of the public or the child.

(2) An inquiry need not include an interview of the child who is the subject of the complaint if the complaint alleges the commission of an act that would be a felony if committed by an adult or alleges 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.

(3) In accordance with this section, the intake officer shall, immediately after such inquiry:

(i) Authorize the filing of a petition or a peace order request or both;

(ii) Propose an informal adjustment of the matter; or

(iii) Refuse authorization to file a petition or a peace order request or both.

(4) (i) If a complaint is filed that alleges the commission of an act which would be a felony if committed by an adult or alleges 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 if the intake officer denies authorization to file a petition or proposes an informal adjustment, the intake officer shall immediately:

1. Forward the complaint to the State’s Attorney; and

2. Forward a copy of the entire intake case file to the State’s Attorney with information as to any and all prior intake involvement with the child.

(ii) If a complaint is filed that alleges the commission of a delinquent act by a child who was under the supervision of the Department of Juvenile Services at the time of the alleged delinquent act, and if the intake officer denies authorization to file a petition or proposes informal adjustment, the intake officer shall immediately:

1. Forward the complaint to the State’s Attorney; and

2. Forward a copy of the entire intake case file to the State’s Attorney with information as to any and all prior intake involvement with the child.

(iii) The State’s Attorney shall make a preliminary review as to whether the court has jurisdiction and whether judicial action is in the best interests of the public or the child. The need for restitution may be considered as one factor in the public interest. After the preliminary review the State’s Attorney shall, within 30 days of the receipt of the complaint by the State’s Attorney, unless the court extends the time:

1. File a petition or a peace order request or both;

2. Refer the complaint to the Department of Juvenile Services for informal disposition; or

3. Dismiss the complaint.

(iv) This paragraph may not be construed to prohibit an intake officer from proceeding with an informal adjustment while the State’s Attorney conducts a preliminary review under subparagraph (ii) or (iii) of this paragraph.

(v) This subsection may not be construed or interpreted to limit the authority of the State’s Attorney to seek a waiver under § 3–8A–06 of this subtitle.

(5) If a complaint is filed that alleges the commission of an act by a child under the age of 13 years that, if committed by an adult, would constitute theft of a motor vehicle under § 7–105 of the Criminal Law Article, the intake officer shall authorize the filing of a petition alleging that the child is in need of supervision.

(c–1) (1) In this subsection, “seriously emotionally disturbed” has the meaning stated in § 15–130 of the Health – General Article.

(2) (i) As soon as possible and in no event later than 25 days after receipt of a complaint, the intake officer shall discuss with the child who is the subject of a complaint and the child’s parent or guardian information regarding a referral for a mental health and substance abuse screening of the child.

(ii) The screening authorized under subparagraph (i) of this paragraph shall be conducted by a person who:

1. Has been selected by the child’s parent or guardian;

2. Has been approved by the child’s health insurance carrier; and

3. Is:

A. A qualified health, mental health, or substance abuse professional; or

B. Staff trained by a qualified health, mental health, or substance abuse professional.

(iii) Within 15 days of the date of the discussion with the child and the child’s parent or guardian, the intake officer shall document whether the child’s parent or guardian made an appointment for a mental health and substance abuse screening of the child who is the subject of a complaint.

(3) If, as a result of the screening authorized under paragraph (2) of this subsection, it is determined that the child is a mentally handicapped or seriously emotionally disturbed child, or is a substance abuser, the qualified health, mental health, or substance abuse professional or staff, no later than 5 working days after the screening, shall conduct a comprehensive mental health or substance abuse assessment of the child.

(4) The Department of Juvenile Services and the Maryland Department of Health:

(i) May not disclose to any person any information received by the departments relating to a specific mental health and substance abuse screening or assessment conducted under this section that could identify the child who was the subject of the screening or assessment; and

(ii) May make public other information unless prohibited by law.

(5) The Secretary of Juvenile Services and the Secretary of Health jointly shall adopt any regulation necessary to carry out this subsection.

(d) (1) The intake officer may authorize the filing of a petition or a peace order request or both if, based upon the complaint and the inquiry, the intake officer concludes that the court has jurisdiction over the matter and that judicial action is in the best interests of the public or the child.

(2) An inquiry need not include an interview of the child who is the subject of the complaint if the complaint alleges the commission of an act that would be a felony if committed by an adult or alleges a violation of § 4–203 or § 4–204 of the Criminal Law Article.

(3) In delinquency cases, the need for restitution may be considered by the intake officer as one factor in the public interest.

(4) The intake officer shall inform the following persons of any authorization decision specified in paragraph (1) of this subsection and the reasons for the decision:

(i) The child who is the subject of the complaint, if practicable;

(ii) The parent, guardian, or custodian of the child who is the subject of the complaint;

(iii) The victim;

(iv) The arresting police officer; and

(v) The person or agency that filed the complaint or caused it to be filed.

(e) (1) The intake officer may propose an informal adjustment of the matter if, based on the complaint and the inquiry, the intake officer concludes that the court has jurisdiction but that an informal adjustment, rather than judicial action, is in the best interests of the public and the child.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the intake officer shall propose an informal adjustment by informing the victim, the child, and the child’s parent or guardian of the nature of the complaint, the objectives of the adjustment process, and the conditions and procedures under which it will be conducted.

(ii) Except as otherwise provided in this subsection, the intake officer may proceed with an informal adjustment without informing the victim as required by subparagraph (i) of this paragraph if the intake officer has made reasonable efforts to contact the victim for the purpose of informing the victim under subparagraph (i) of this paragraph.

(3) The intake officer may not proceed with an informal adjustment unless the child and the child’s parent or guardian consent to the informal adjustment procedure.

(f) (1) During the informal adjustment process, the child shall be subject to such supervision as the intake officer deems appropriate and if the intake officer decides to have an intake conference, the child and the child’s parent or guardian shall appear at the intake conference.

(2) The informal adjustment process may not exceed 90 days unless:

(i) That time is extended by the court; or

(ii) The intake officer determines that additional time is necessary for the child to participate in a substance–related disorder treatment program or a mental health program that is part of the informal adjustment process.

(3) If the victim, the child, and the child’s parent or guardian do not consent to an informal adjustment, the intake officer shall authorize the filing of a petition or a peace order request or both or deny authorization to file a petition or a peace order request or both under subsection (g) of this section.

(4) (i) If at any time before the completion of an agreed upon informal adjustment the intake officer believes that the informal adjustment cannot be completed successfully, the intake officer shall authorize the filing of a petition or a peace order request or both or deny authorization to file a petition or a peace order request or both under subsection (g) of this section.

(ii) If the intake officer denies authorization to file a petition or a peace order request under subparagraph (i) of this paragraph, the intake officer shall immediately forward to the State’s Attorney:

1. The complaint; and

2. A copy of the entire intake case file with information as to any prior intake involvement with the child.

(g) (1) If based upon the complaint and the inquiry, the intake officer concludes that the court has no jurisdiction, or that neither an informal adjustment nor judicial action is appropriate, the intake officer may deny authorization to file a petition or a peace order request or both.

(2) If the intake officer denies authorization to file a petition or a peace order request or both, the intake officer shall inform the following persons of the decision, the reasons for it, and their right of review provided in this section:

(i) The victim;

(ii) The arresting police officer; and

(iii) The person or agency that filed the complaint or caused it to be filed.

(3) The intake officer shall inform the persons specified in paragraph (2) of this subsection by electronic means of the decision to deny authorization to file a petition for the alleged commission of a delinquent act through use of the form prescribed by § 3–8A–11 of this subtitle.

(h) (1) If the complaint alleges the commission of a delinquent act and the intake officer denies authorization to file a petition, the following persons may appeal the denial to the State’s Attorney:

(i) The victim;

(ii) The arresting police officer; and

(iii) The person or agency that filed the complaint or caused it to be filed.

(2) In order for an appeal to be made, it must be received by the State’s Attorney’s office within 30 days after the form prescribed by § 3–8A–11 of this subtitle is mailed by the juvenile intake officer to the person being informed of the intake officer’s decision.

(3) (i) The State’s Attorney shall review the denial.

(ii) If the State’s Attorney concludes that the court has jurisdiction and that judicial action is in the best interests of the public or the child, the State’s Attorney may file a petition.

(iii) This petition shall be filed within 30 days of the receipt of the complainant’s appeal.

(i) (1) If authorization to file a petition for a complaint which alleges a child is in need of supervision or if authorization to file a peace order request is denied, the person or agency that filed the complaint or caused it to be filed, within 15 days of personal notice of the denial to that person or agency or the mailing to the last known address, may submit the denial for review by the Department of Juvenile Services Area Director for the area in which the complaint was filed.

(2) The Department of Juvenile Services Area Director shall review the denial.

(3) If, within 15 days, the Department of Juvenile Services Area Director concludes that the court has jurisdiction and that judicial action is in the best interests of the public and the child, the Department of Juvenile Services Area Director may authorize the filing of a petition in writing.

(4) The petition shall be filed within 5 days of the decision.

(j) (1) If the complaint alleges that a minor 16 years of age or older has committed an act in violation of any provision of the Maryland Vehicle Law or other traffic law or ordinance under the jurisdiction of the juvenile court, the complaint shall be filed directly with the State’s Attorney of the jurisdiction in which the alleged violation occurred.

(2) If the State’s Attorney elects to proceed with the case, the State’s Attorney may prepare a petition for filing with the court of proper jurisdiction.

(k) (1) If the intake officer receives a citation, the intake officer may:

(i) Refer the child to an alcohol or substance abuse education or rehabilitation program;

(ii) Assign the child to a supervised work program for not more than 20 hours for the first violation and not more than 40 hours for the second or subsequent violation;

(iii) Require the parent or guardian of the child to withdraw the parent’s or guardian’s consent to the child’s license to drive, and advise the Motor Vehicle Administration of the withdrawal of consent; or

(iv) Forward the citation to the State’s Attorney.

(2) The intake officer shall forward the citation to the State’s Attorney if:

(i) The parent or guardian of the child refuses to withdraw consent to the child’s license to drive;

(ii) The child fails to comply with an alcohol or substance abuse education or rehabilitation program referral; or

(iii) The child fails to comply with a supervised work program assignment.

(l) (1) Except as provided in paragraph (2) of this subsection, within 15 days after a law enforcement officer takes a child into custody under this subtitle the law enforcement officer shall file a complaint with an intake officer.

(2) If a child is referred to a diversion program, the law enforcement officer may file the complaint with an intake officer more than 30 days after but no later than 120 days after the law enforcement officer took the child into custody.

(m) The court may dismiss a petition or a peace order request for failure to comply with this section only if the respondent has demonstrated actual prejudice.

(n) (1) Subject to paragraph (2) of this subsection, at any time before an adjudicatory hearing, the court may hold the proceedings in abeyance for informal adjustment if consented to by:

(i) The State’s Attorney;

(ii) The child who is the subject of the petition and the child’s counsel; and

(iii) The court.

(2) (i) If the child successfully completes the informal adjustment, the court shall dismiss the delinquency petition.

(ii) If the child does not successfully complete the informal adjustment, the court shall resume proceedings under this subtitle against the child.
Md. Code, Natural Resources § 3-216 — MD Code / Article gnr / Title 3 / Subtitle 2 / Section 3-216
§3–216.
Status: in_force

(a) There is a Land Preservation Rapid Response Advisory Committee.

(b) The purpose of the Advisory Committee is to:

(1) Review and prioritize Program loan applications for consideration by the Board of Trustees; and

(2) Make recommendations to the Board of Trustees on:

(i) Which projects to fund, whether in whole or in part; and

(ii) The funding to be allocated to each project.

(c) The Advisory Committee consists of:

(1) A representative of the Department, selected by the Secretary; and

(2) The following members, selected by the Board of Trustees:

(i) A representative of the Trust that is not a member of the Executive Committee;

(ii) A representative of a nonprofit land conservation organization in the State;

(iii) A representative of a local parks and recreation department in the State; and

(iv) An individual with experience in loan underwriting.
Md. Code, Transportation § 3-211 — MD Code / Article gtr / Title 3 / Subtitle 2 / Section 3-211
§3–211.
Status: in_force

(a) With the approval of the Board of Public Works, the Department may borrow money in anticipation of its receipt of current revenues and evidence the borrowing by issuing its revenue anticipation notes.

(b) The revenue anticipation notes shall be payable, as to both principal and interest, only from current revenues when received and deposited in the Transportation Trust Fund, subject to the prior use and application of the revenues to meet the debt service on all outstanding and unpaid bonds payable from the revenues in the Transportation Trust Fund and to pay all funds due to the political subdivisions of this State.

(c) The procedure for the issuance of revenue anticipation notes is the same as that applicable to the issuance of consolidated transportation bonds, except that these notes may be issued and sold by private negotiation.

(d) A revenue anticipation note may not be issued to mature later than 6 months after the date of its issue.
Md. Code, Financial Institutions § 3-502 — MD Code / Article gfi / Title 3 / Subtitle 5 / Section 3-502
§3–502.
Status: in_force

A trust company may establish and administer one or more common trust funds in accordance with the requirements of this subtitle.
Md. Code, Insurance § 3-123.1 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-123.1
§3–123.
Status: in_force

§3–123.1.

(a) Unless otherwise prohibited under this article and subject to the prior approval of the Commissioner, one or more mutual insurers organized under the laws of any state may form a business combination with one or more domestic mutual insurers for the purpose of purchasing reinsurance or other financial services.

(b) (1) Mutual insurers forming a business combination under this section shall enter into a written agreement that prescribes the terms and conditions of the business combination.

(2) The agreement shall be approved by the vote of the majority of the board of directors of each mutual insurer.

(c) The Commissioner may adopt regulations concerning the formation of business combinations under this section.
Md. Code, Corporations and Associations § 3-701 — MD Code / Article gca / Title 3 / Subtitle 7 / Section 3-701
§3–701.
Status: in_force

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

(b) “Acquiring person” means a person who makes or proposes to make a control share acquisition.

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

(1) An “associate” as defined in § 3–601(c) of this title; or

(2) A person that:

(i) Directly or indirectly controls, or is controlled by, or is under common control with, the person specified; or

(ii) Is acting or intends to act jointly or in concert with the person specified.

(d) (1) “Control share acquisition” means the acquisition, directly or indirectly, by any person, of ownership of, or the power to direct the exercise of voting power with respect to, issued and outstanding control shares.

(2) “Control share acquisition” does not include the acquisition of shares:

(i) Before November 4, 1988;

(ii) Under a contract made before November 4, 1988;

(iii) Under the laws of descent and distribution;

(iv) Under the satisfaction of a pledge or other security interest created in good faith and not for the purpose of circumventing this subtitle;

(v) Under a merger, consolidation, or share exchange effected under Subtitle 1 of this title if the corporation is a party to the merger, consolidation, or share exchange;

(vi) Within one–tenth or more but less than one–fifth of all voting power of outstanding shares of stock of the corporation before June 1, 2000;

(vii) At a time when the corporation is not subject to this subtitle; or

(viii) In accordance with a contract entered into at a time when the corporation is not subject to this subtitle.

(3) Unless the acquisition entitles any person, directly or indirectly, to exercise or direct the exercise of voting power in the election of directors in excess of the range of voting power previously authorized or attained under an acquisition that is exempt under paragraph (2) of this subsection, “control share acquisition” does not include the acquisition of shares of a corporation in good faith and not for the purpose of circumventing this subtitle by or from:

(i) Any person whose voting rights have previously been authorized by stockholders in compliance with this subtitle; or

(ii) Any person whose previous acquisition of shares of stock of the corporation would have constituted a control share acquisition but for paragraph (2) of this subsection.

(e) (1) “Control shares” means shares of stock that, except for this subtitle, would, if aggregated with all other shares of stock of the corporation (including shares the acquisition of which is excluded from “control share acquisition” in subsection (d)(2) of this section) owned by a person or in respect of which that person is entitled to exercise or direct the exercise of voting power, except solely by virtue of a revocable proxy, entitle that person, directly or indirectly, to exercise or direct the exercise of the voting power of shares of stock of the corporation in the election of directors within any of the following ranges of voting power:

(i) One–tenth or more, but less than one–third of all voting power;

(ii) One–third or more, but less than a majority of all voting power; or

(iii) A majority or more of all voting power.

(2) “Control shares” includes:

(i) Shares of stock of a corporation only to the extent that the acquiring person, following the acquisition of the shares, is entitled, directly or indirectly, to exercise or direct the exercise of voting power within any level of voting power set forth in this section for which approval has not been obtained previously under § 3–702 of this subtitle; and

(ii) Shares of stock acquired within any range of voting power described in paragraph (1) of this subsection, even if the initial shares acquired within the applicable range of voting power are excluded from a control share acquisition.

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

(g) “Interested shares” means shares of a corporation in respect of which any of the following persons is entitled to exercise or direct the exercise of the voting power of shares of stock of the corporation in the election of directors:

(1) An acquiring person;

(2) An officer of the corporation; or

(3) An employee of the corporation who is also a director of the corporation.

(h) “Person” includes an associate of the person.
Md. Code, Insurance § 3-126 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-126
§3–126.
Status: in_force

(a) (1) A foreign insurer authorized to engage in the insurance business in the State may become a domestic insurer by:

(i) complying with all requirements of the law relating to the formation and organization of a domestic insurer; and

(ii) designating its principal place of business in the State.

(2) On becoming a domestic insurer, the insurer:

(i) is entitled to the certificates and licenses to transact insurance business in this State that are issued to domestic insurers;

(ii) shall be recognized in all respects as an insurer formed under the laws of this State as of the date of authorization as an insurer in its original domiciliary state; and

(iii) is subject to the authority and jurisdiction of the State.

(b) (1) When a foreign insurer authorized to engage in the insurance business in this State transfers its corporate domicile to this State or another state by merger, consolidation, or other lawful method, the certificate of authority, appointments of agents, rates, and other issues that are subject to the Commissioner’s approval and that are in existence at the time of the transfer remain in effect after the transfer if the insurer at all times remains qualified to engage in the insurance business in this State.

(2) All outstanding policies of a transferring insurer remain in effect and need not be endorsed with the new name of the insurer or the new domiciliary and location of the insurer unless the Commissioner so orders.

(3) A transferring insurer:

(i) may file new policy forms with the Commissioner on or before the effective date of the transfer; or

(ii) if allowed by and under conditions approved by the Commissioner, may use any existing policy form previously filed with the Commissioner with appropriate endorsements.

(4) A foreign insurer that transfers its domicile to another state shall:

(i) notify the Commissioner of the details of the proposed transfer; and

(ii) file promptly with the Commissioner any resulting amendments to corporate documents and other items on file with the Commissioner.
Md. Code, Insurance § 3-102 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

(a) Except as otherwise specifically provided in this article, each domestic insurer shall comply with the applicable provisions of the Corporations and Associations Article that relate to formation, powers vested in, and duties of corporations formed under the general provisions of the Corporations and Associations Article.

(b) Unless a class of corporations to which this subtitle applies is specifically included in a statute passed after December 31, 1963, a domestic insurer is only subject to regulation under this article.
Md. Code, Criminal Law § 3-102 — MD Code / Article gcr / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

With the purpose of assisting another individual to commit or attempt to commit suicide, an individual may not:

(1) by coercion, duress, or deception, knowingly cause another individual to commit suicide or attempt to commit suicide;

(2) knowingly provide the physical means by which another individual commits or attempts to commit suicide with knowledge of that individual’s intent to use the physical means to commit suicide; or

(3) knowingly participate in a physical act by which another individual commits or attempts to commit suicide.
Md. Code, Real Property § 3-602 — MD Code / Article grp / Title 3 / Subtitle 6 / Section 3-602
§3–602.
Status: in_force

The fee for certification of a copy of any original paper recorded among the land records is $5. A reasonable fee may be charged by the clerk for reproducing a copy of the paper.
Md. Code, Alcoholic Beverages and Cannabis § 3-604 — MD Code / Article gab / Title 3 / Subtitle 6 / Section 3-604
§3–604.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, the Executive Director shall revoke a license or permit if, after a hearing under § 3–602(b) of this subtitle, an activity listed in this section is found to have occurred on the licensed premises.

(2) The license or permit of a person may not be revoked under paragraph (1) of this subsection if:

(i) the person operates a theater, a concert hall, an art center, a museum, or a similar establishment that is primarily devoted to the arts or theatrical performances; and

(ii) the performances express matters of serious literary, artistic, scientific, or political value.

(b) An individual may not:

(1) be employed or used in the sale or service of alcoholic beverages in or on the licensed premises while the individual is unclothed or in attire, costume, or clothing so as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic hair, anus, cleft of the buttocks, vulva, or genitals;

(2) be employed or act as a hostess or act in a similar capacity to mingle with the patrons while the hostess or individual acting in a similar capacity is unclothed or in attire, costume, or clothing described in item (1) of this subsection;

(3) encourage or allow an individual on the licensed premises to caress or fondle the breasts, buttocks, anus, or genitals of another individual; or

(4) allow an employee or other individual to wear or use a device or covering exposed to view that simulates any portion of the breast, genitals, anus, or pubic hair.

(c) With respect to entertainment provided, a person may not:

(1) allow an individual to perform an act of or an act that simulates:

(i) sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or a sexual act that is prohibited by law;

(ii) the caressing or fondling of the breast, buttocks, anus, or genitals; or

(iii) the display of the pubic hair, anus, vulva, or genitals;

(2) subject to item (1) of this subsection, allow an entertainer whose breasts or buttocks are exposed to perform closer than 6 feet from the nearest patron; or

(3) allow an individual to use an artificial device or inanimate object to depict, perform, or simulate an activity prohibited under item (1) of this subsection.

(d) A person may not show a motion picture, a still picture, an electronic reproduction, or any other visual reproduction depicting:

(1) an act or a simulated act of sexual intercourse, masturbation, sodomy, bestiality, oral copulation, flagellation, or a sexual act that is prohibited by law;

(2) an individual being caressed or fondled on the breast, buttocks, anus, or genitals;

(3) a scene in which an individual displays the vulva, anus, or genitals; or

(4) a scene in which an artificial device or inanimate object is used to depict, or a drawing is used to portray, a prohibited act described in this subsection.

(e) A person may not allow an individual to remain in or on the licensed premises who exposes to public view any portion of the individual’s genitals or anus.

(f) This section does not allow any conduct or form of attire prohibited by any other statute, ordinance, rule, or regulation.
Md. Code, Land Use § 3-203 — MD Code / Article glu / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

(a) (1) When a local jurisdiction initially implements the zoning powers under this division, the planning commission shall recommend the boundaries of the original districts and zones and appropriate regulations to be enforced in the districts and zones.

(2) The planning commission shall make a preliminary report on the proposed districts, zones, and regulations and hold at least one public hearing on the preliminary report before submitting its final report to the legislative body.

(3) The legislative body may not hold a public hearing or take action until it receives the final report of the planning commission.

(b) (1) A planning commission shall hold at least one public hearing before the commission recommends the adoption of a plan or any part or amendment to a plan.

(2) The planning commission shall publish at least one notice of the time and place of the hearing in a newspaper of general circulation in the local jurisdiction.

(c) At least 60 days before the public hearing, the planning commission shall provide copies of the recommended plan and amendments to the plan to:

(1) adjoining jurisdictions; and

(2) State units, regional units, and local jurisdictions responsible for financing or constructing public improvements necessary to implement the plan.

(d) The planning commission shall include in its report to the legislative body the recommendation of each unit and jurisdiction that comments on the plan.

(e) (1) A majority of the planning commission, by resolution, shall approve the plan or any part of or amendment to the plan.

(2) The resolution shall refer expressly to the text, map, and other matter that the commission intends to form the whole or part of the plan.

(3) The action taken shall be recorded on the map, plan, text, or other matter by the identifying signature of:

(i) the chair of the planning commission; or

(ii) the secretary of the commission.

(f) An attested copy of the plan or part of the plan shall be certified to the legislative body.
Md. Code, Labor and Employment § 3-1304 — MD Code / Article gle / Title 3 / Subtitle 13 / Section 3-1304
§3–1304.
Status: in_force

(a) (1) (i) Subject to subparagraph (iii) of this paragraph, an employer that employs 15 or more employees shall provide an employee with earned sick and safe leave that is paid at the same wage rate as the employee normally earns.

(ii) An employer that employs 14 or fewer employees shall at least provide an employee with unpaid earned sick and safe leave.

(iii) An employer may not be required to pay a tipped employee more than the applicable minimum wage for earned sick and safe leave.

(2) (i) For the purpose of determining whether an employer is required to provide paid or unpaid earned sick and safe leave under this subsection, the number of employees of an employer shall be determined by calculating the average monthly number of employees employed by the employer during the immediately preceding year.

(ii) Each employee of an employer shall be included in the calculation made under subparagraph (i) of this paragraph without regard to whether the employee is a full–time, part–time, temporary, or seasonal employee or would be eligible for earned sick and safe leave benefits under this subsection.

(b) The earned sick and safe leave provided under subsection (a) of this section shall accrue at a rate of at least 1 hour for every 30 hours an employee works.

(c) An employer may not be required to allow an employee to:

(1) earn more than 40 hours of earned sick and safe leave in a year;

(2) use more than 64 hours of earned sick and safe leave in a year;

(3) accrue a total of more than 64 hours at any time;

(4) use earned sick and safe leave during the first 106 calendar days the employee works for the employer; or

(5) accrue earned sick and safe leave during a:

(i) 2–week pay period in which the employee worked fewer than 24 hours total;

(ii) 1–week pay period if the employee worked fewer than a combined total of 24 hours in the current and the immediately preceding pay period; or

(iii) pay period in which:

1. the employee is paid twice a month regardless of the number of weeks in a pay period; and

2. the employee worked fewer than 26 hours in the pay period.

(d) At the beginning of each year, an employer may award to an employee the full amount of earned sick and safe leave that an employee would earn over the course of the year rather than awarding the leave as the leave accrues during the year.

(e) (1) Except as provided in paragraph (2) of this subsection, for the purposes of calculating the accrual of earned sick and safe leave, an employee who is exempt from overtime wage requirements under the federal Fair Labor Standards Act is assumed to work 40 hours each workweek.

(2) If the employee’s normal workweek is less than 40 hours, the number of hours in the normal workweek shall be used.

(f) Earned sick and safe leave shall begin to accrue:

(1) January 1, 2018; or

(2) if the employee is hired after January 1, 2018, the date on which the employee begins employment with the employer.

(g) (1) Subject to paragraphs (2) and (3) of this subsection, if an employee has unused earned sick and safe leave at the end of each year, the employee may carry over the balance of the earned sick and safe leave to the following year.

(2) An employer may not be required to allow an employee to carry over more than 40 hours of earned sick and safe leave under paragraph (1) of this subsection.

(3) An employer may not be required to allow an employee to carry over unused earned sick and safe leave under paragraph (1) of this subsection if:

(i) the employer awards the employee the full amount of earned sick and safe leave at the beginning of each year under subsection (d) of this section; or

(ii) the employee is employed by a nonprofit entity or a governmental unit in accordance with a grant, the duration of which is limited to 1 year and is not subject to renewal.

(h) If an employee is rehired by the employer within 37 weeks after leaving the employment of the employer, the employer shall reinstate any unused earned sick and safe leave that the employee had when the employee left the employment of the employer unless the employer voluntarily paid out the unused earned sick and safe leave on the termination of employment.

(i) (1) An employer may allow an employee to use earned sick and safe leave before the employee accrues the amount needed.

(2) If an employee is allowed under paragraph (1) of this subsection to use earned sick and safe leave before it has accrued, the employer may deduct the amount paid for the earned sick and safe leave from the wages paid to the employee on the termination of employment under § 3–505 of this title if:

(i) the employer and employee mutually consented to the deduction as evidenced by a document signed by the employee; and

(ii) the employee leaves the employment of the employer before the employee has accrued the amount of earned sick and safe leave that was used.

(j) An employer may not be required to pay out on the termination of employment unused earned sick and safe leave accrued by an employee.

(k) An employer who acquires, by sale or otherwise, another employer shall allow all employees of the original employer who remain employed by the successor employer to retain all unused earned sick and safe leave accrued during employment with the original employer.
Md. Code, Courts and Judicial Proceedings § 3-407 — MD Code / Article gcj / Title 3 / Subtitle 4 / Section 3-407
§3–407.
Status: in_force

A contract may be construed before or after a breach of the contract.
Md. Code, Courts and Judicial Proceedings § 3-8A-14.2 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-14.2
§3–8A–14.
Status: in_force

§3–8A–14.2.

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

(2) “Custodial interrogation” retains its judicially determined meaning.

(3) (i) “Law enforcement officer” has the meaning stated in § 1–101 of the Public Safety Article.

(ii) “Law enforcement officer” includes a school resource officer, as defined in § 7–1501 of the Education Article.

(b) A law enforcement officer may not conduct a custodial interrogation of a child until:

(1) The child has consulted with an attorney who is:

(i) Retained by the parent, guardian, or custodian of the child; or

(ii) Provided by the Office of the Public Defender; and

(2) The law enforcement officer has made an effort reasonably calculated to give actual notice to the parent, guardian, or custodian of the child that the child will be interrogated.

(c) A consultation with an attorney under this section:

(1) Shall be:

(i) Conducted in a manner consistent with the Maryland Rules of Professional Conduct; and

(ii) Confidential; and

(2) May be:

(i) In person; or

(ii) By telephone or video conference.

(d) To the extent practicable and consistent with the Maryland Rules of Professional Conduct, an attorney providing consultation under this section shall communicate and coordinate with the parent, guardian, or custodian of the child in custody.

(e) The requirement of consultation with an attorney under this section:

(1) May not be waived; and

(2) Applies regardless of whether the child is proceeded against as a child under this subtitle or is charged as an adult.

(f) (1) A law enforcement agency conducting an interrogation under this section shall maintain a record of the notification or attempted notification of a parent, guardian, or custodian under this section, including:

(i) A signed statement by a duly authorized law enforcement officer employed by the agency that an attempt to notify a parent, guardian, or custodian was made;

(ii) The name of the person sought to be notified; and

(iii) The method of attempted notification.

(2) (i) A law enforcement agency conducting an interrogation under this section shall maintain a record of the name of the attorney contacted and the county or counties in which the attorney provided the consultation.

(ii) An attorney contacted to provide legal consultation to a child under this subtitle shall provide to a law enforcement officer the information required for the record required to be maintained under subparagraph (i) of this paragraph.

(g) (1) Notwithstanding the requirements of this section, a law enforcement officer may conduct an otherwise lawful custodial interrogation of a child if:

(i) The law enforcement officer reasonably believes that the information sought is necessary to protect against a threat to public safety; and

(ii) The questions posed to the child by the law enforcement officer are limited to those questions reasonably necessary to obtain the information necessary to protect against the threat to public safety.

(2) (i) Unless it is impossible, impracticable, or unsafe to do so, an interrogation conducted under paragraph (1) of this subsection shall be recorded.

(ii) In a jurisdiction that has adopted the use of body–worn digital recording devices by law enforcement officers, the interrogation of a child may be recorded using a body–worn digital recording device in a manner that is consistent with departmental policies regarding the use of body–worn digital recording devices.

(iii) In a jurisdiction that has not adopted the use of body–worn digital recording devices, the interrogation of a child may be recorded using other video and audio recording technology in a manner that is consistent with any policies of the law enforcement agency regarding the use of video and audio recording technology.

(iv) A child being interrogated under this subsection shall be informed if the interrogation is being recorded.

(h) (1) There is a rebuttable presumption that a statement made by a child during a custodial interrogation is inadmissible in a delinquency proceeding or a criminal prosecution against that child if a law enforcement officer willfully failed to comply with the requirements of this section.

(2) The State may overcome the presumption by showing, by clear and convincing evidence, that the statement was made knowingly, intelligently, and voluntarily.

(3) This subsection may not be construed to render a statement by that child inadmissible in a proceeding against another individual.

(i) The Office of the Public Defender shall:

(1) Develop and implement policies to provide guidance and instruction to attorneys to meet the requirements of this section; and

(2) On or before October 1, 2022, publish on its website, or provide to law enforcement on request, information on attorneys available to act as counsel to a child in accordance with this section.
Md. Code, Education § 3-13A-06 — MD Code / Article ged / Title 3 / Subtitle 13A / Section 3-13A-06
§3–13A–06.
Status: in_force

At the first meeting of the county board in December of each year, the county board shall elect a chair and vice chair from among the elected members.
Md. Code, Commercial Law § 3-603 — MD Code / Article gcl / Title 3 / Subtitle 6 / Section 3-603
§3–603.
Status: in_force

(a) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument, the effect of tender is governed by principles of law applicable to tender of payment under a simple contract.

(b) If tender of payment of an obligation to pay an instrument is made to a person entitled to enforce the instrument and the tender is refused, there is discharge, to the extent of the amount of the tender, of the obligation of an indorser or accommodation party having a right of recourse with respect to the obligation to which the tender relates.

(c) If tender of payment of an amount due on an instrument is made to a person entitled to enforce the instrument, the obligation of the obligor to pay interest after the due date on the amount tendered is discharged. If presentment is required with respect to an instrument and the obligor is able and ready to pay on the due date at every place of payment stated in the instrument, the obligor is deemed to have made tender of payment on the due date to the person entitled to enforce the instrument.
Md. Code, Public Safety § 3-410 — MD Code / Article gps / Title 3 / Subtitle 4 / Section 3-410
§3–410.
Status: in_force

Each railroad police officer shall receive compensation from the railroad company that employs the railroad police officer.
Md. Code, Corporations and Associations § 3-704 — MD Code / Article gca / Title 3 / Subtitle 7 / Section 3-704
§3–704.
Status: in_force

(a) Except as provided in § 3-705 of this subtitle, if the acquiring person requests, at the time of delivery of an acquiring person statement, and gives a written undertaking to pay the corporation’s expenses of a special meeting, except the expenses of opposing approval of the voting rights, within 10 days after the day on which the corporation receives both the request and undertaking, the directors of the corporation shall call a special meeting of stockholders of the corporation for the purpose of considering the voting rights to be accorded the shares acquired or to be acquired in the control share acquisition.

(b) The directors may require the acquiring person to give bond, with sufficient surety, to reasonably assure the corporation that this undertaking will be satisfied.

(c) Unless the acquiring person agrees in writing to another date, the special meeting of stockholders shall be held within 50 days after the day on which the corporation has received both the request and the undertaking.

(d) If the acquiring person makes a request in writing at the time of delivery of the acquiring person statement, the special meeting may not be held sooner than 30 days after the day on which the corporation receives the acquiring person statement.

(e) (1) If no request is made under subsection (a) of this section, the issue of the voting rights to be accorded the shares acquired in the control share acquisition may, at the option of the corporation, be presented for consideration at any meeting of stockholders.

(2) If no request is made under subsection (a) of this section and the corporation proposes to present the issue of the voting rights to be accorded the shares acquired in a control share acquisition for consideration at any meeting of stockholders, the corporation shall provide the acquiring person with written notice of the proposal not less than 20 days before the date on which notice of the meeting is given.
Md. Code, Public Safety § 3-312 — MD Code / Article gps / Title 3 / Subtitle 3 / Section 3-312
§3–312.
Status: in_force

(a) An initial commission expires 3 years after its date of issuance.

(b) (1) At the end of the term of a commission, the commission is renewable for a 3–year term if:

(i) before submitting an application for renewal, the special police officer has completed 12 hours of in–service training approved by the Secretary in consultation with the Maryland Police Training and Standards Commission; and

(ii) the employer of the special police officer submits to the Secretary:

1. an application in the manner and format designated by the Secretary;

2. one complete set of the applicant’s legible fingerprints taken in a format approved by the Director of the Federal Bureau of Investigation;

3. the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check; and

4. subject to paragraph (2) of this subsection, a renewal fee of $60.

(2) A renewal fee may not be charged to a unit of the State.

(c) (1) The Secretary shall apply to the Central Repository for a national criminal history records check for each applicant for a special police commission.

(2) As part of the application for a criminal history records check, the Secretary shall submit to the Central Repository:

(i) a complete set of the applicant’s legible fingerprints taken in a format approved by the Director of the Federal Bureau of Investigation; and

(ii) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(3) The Central Repository shall provide a receipt to the applicant for the fees paid in accordance with paragraph (2)(ii) of this subsection.

(4) In accordance with Title 10, Subtitle 2 of the Criminal Procedure Article, the Central Repository shall forward to the applicant and the Secretary a printed statement of the applicant’s criminal history information.

(5) Information obtained from the Central Repository under this section:

(i) is confidential and may not be disseminated; and

(ii) may be used only for the purposes authorized by this section.

(d) The Secretary may set the deadline for submitting a renewal application to the Secretary.
Md. Code, Insurance § 3-203 — MD Code / Article gin / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

(a) A reciprocal insurer may be authorized to engage in the insurance business if the reciprocal insurer meets the requirements of this section and is otherwise in compliance with the applicable provisions of this article.

(b) To write assessable policies, a reciprocal insurer must have surplus funds of not less than:

(1) $375,000 for one kind of insurance business; and

(2) $750,000 for two or more kinds of insurance business.

(c) To write nonassessable policies, a reciprocal insurer must:

(1) have surplus funds of not less than:

(i) $750,000 for one kind of insurance business; and

(ii) $1,500,000 for two or more kinds of insurance business; and

(2) comply with the deposit requirements of § 4-106 of this article.
Md. Code, Labor and Employment § 3-1802 — MD Code / Article gle / Title 3 / Subtitle 18 / Section 3-1802
§3–1802.
Status: in_force

(a) This section may not be construed to require a public service employee to increase the number of hours that the employee works for the public service employer.

(b) Notwithstanding any other provision of law, for the purposes of certifying employment for the Program, a public service employer shall:

(1) adopt a policy calculating hours worked using a method that maximizes the amount of time for which an employee can be considered full–time; and

(2) consider as full–time an employee who satisfies or satisfied the minimum amount of time required to qualify as full–time.

(c) (1) This subsection applies only:

(i) to a public service employer that is an institution of higher education; and

(ii) with respect to an employee who is an adjunct or tenured professor.

(2) (i) For the purpose of determining whether an employee qualifies as full–time under the Program, a public service employer shall credit the employee, for each hour of the employee’s credit, contact, or classroom time, with at least:

1. 3.35 hours worked; or

2. if a higher number of hours is allowed under the Program, the number allowed under the Program.

(ii) This subsection may not be construed to supersede a public service employer’s policy or adjustment for additional work associated with lecture or classroom time.

(3) To maximize the amount of time for which an employee can be considered to be a full–time employee, a public service employer shall treat consecutive academic terms that an employee teaches as a continuous employment period, regardless of whether:

(i) the hours are taught under separate employment contracts; or

(ii) the academic terms are separated by routine academic vacation.
Md. Code, Real Property § 3-704 — MD Code / Article grp / Title 3 / Subtitle 7 / Section 3-704
§3–704.
Status: in_force

The Administrative Office of the Courts may establish standards to implement this subtitle.
Md. Code, Business Occupations and Professions § 3-701 — MD Code / Article gbo / Title 3 / Subtitle 7 / Section 3-701
§3–701.
Status: in_force

This title may be cited as the “Maryland Architects Act”.
Md. Code, Labor and Employment § 3-711 — MD Code / Article gle / Title 3 / Subtitle 7 / Section 3-711
§3–711.
Status: in_force

(a) This section does not apply to an employer that is:

(1) required to inquire into an applicant’s or employee’s credit report or credit history under federal law or any provision of State law for the purpose of employment;

(2) a financial institution that accepts deposits that are insured by a federal agency, or an affiliate or subsidiary of the financial institution;

(3) a credit union share guaranty corporation that is approved by the Maryland Commissioner of Financial Regulation; or

(4) an entity, or an affiliate of the entity, that is registered as an investment advisor with the United States Securities and Exchange Commission.

(b) Except as provided in subsection (c) of this section, an employer may not use an applicant’s or employee’s credit report or credit history in determining whether to:

(1) deny employment to the applicant;

(2) discharge the employee; or

(3) determine compensation or the terms, conditions, or privileges of employment.

(c) (1) An employer may request or use an applicant’s or employee’s credit report or credit history if:

(i) 1. the applicant has received an offer of employment; and

2. the credit report or credit history will be used for a purpose other than a purpose prohibited by subsection (b) of this section; or

(ii) the employer has a bona fide purpose for requesting or using information in the credit report or credit history that is:

1. substantially job–related; and

2. disclosed in writing to the employee or applicant.

(2) For the purposes of this subsection, a position for which an employer has a bona fide purpose that is substantially job–related for requesting or using information in a credit report or credit history includes a position that:

(i) is managerial and involves setting the direction or control of a business, or a department, division, unit, or agency of a business;

(ii) involves access to personal information, as defined in § 14–3501 of the Commercial Law Article, of a customer, employee, or employer, except for personal information customarily provided in a retail transaction;

(iii) involves a fiduciary responsibility to the employer, including the authority to issue payments, collect debts, transfer money, or enter into contracts;

(iv) is provided an expense account or a corporate debit or credit card; or

(v) has access to:

1. information, including a formula, pattern, compilation, program, device, method, technique, or process, that:

A. derives independent economic value, actual or potential, from not being generally known to, and not being readily ascertainable by proper means by, other persons who can obtain economic value from the disclosure or use of the information; and

B. is the subject of efforts that are reasonable under the circumstances to maintain its secrecy; or

2. other confidential business information.

(d) (1) If an employer violates subsection (b) of this section, the applicant or employee may file a written complaint with the Commissioner.

(2) If the Commissioner receives a written complaint under paragraph (1) of this subsection, the Commissioner shall investigate the matter promptly.

(3) If the Commissioner determines that the employer has willfully or negligently violated subsection (b) or (c) of this section, the Commissioner shall try to resolve the matter informally.

(4) If the Commissioner is unable to resolve the matter informally, the Commissioner may:

(i) assess a civil penalty of:

1. up to $500 for an initial violation of subsection (b) or (c) of this section; or

2. up to $2,500 for a repeat violation of subsection (b) or (c) of this section; and

(ii) send an order to pay the civil penalty to the complainant and the employer.

(5) (i) Within 30 days after an employer receives an order to pay a civil penalty under paragraph (4) of this section, the employer may request a de novo administrative hearing, subject to the requirements of Title 10, Subtitle 2 of the State Government Article.

(ii) On receipt of a request for a hearing under subparagraph (i) of this paragraph, the Commissioner shall schedule a hearing.

(iii) If a hearing is not requested under subparagraph (i) of this paragraph, the order to pay a civil penalty becomes a final order of the Commissioner.

(6) If an employer fails to comply with a final order to pay a civil penalty, the Commissioner or the complainant may bring an action to enforce the order to pay a civil penalty in the circuit court in the county where the employer or the complainant is located.

(e) This section may not be construed to prohibit an employer from performing an employment–related background investigation that:

(1) includes use of a consumer report or investigative consumer report;

(2) is authorized under the federal Fair Credit Reporting Act; and

(3) does not involve investigation of credit information.
Md. Code, Public Safety § 3-206.1 — MD Code / Article gps / Title 3 / Subtitle 2 / Section 3-206.1
§3–206.
Status: in_force

§3–206.1.

(a) In this section, “Fund” means the Maryland Police Training and Standards Commission Fund.

(b) There is a Maryland Police Training and Standards Commission Fund.

(c) The purpose of the Fund is to provide funding for activities and training by the Commission.

(d) The Department shall administer the Fund.

(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(f) The Fund consists of:

(1) revenue distributed to the Fund under § 7–301 of the Courts Article;

(2) money appropriated in the State budget to the Fund;

(3) interest earnings of the Fund; and

(4) any other money from any other source accepted for the benefit of the Fund.

(g) (1) Except as provided in paragraph (2) of this subsection, the Fund may be used only to provide funding to the Commission.

(2) For fiscal years 2024 and 2025 only, the Fund may be used to support police and correctional training activities of the Commission.

(h) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any interest earnings of the Fund shall be credited to the Fund.

(i) (1) Expenditures from the Fund may be made only in accordance with the State budget.

(2) Money distributed from the Fund shall be used to supplement, but not supplant, any other funding for the Commission.

(j) The Fund shall be subject to audit by the Legislative Auditor as provided in § 2–1220 of the State Government Article.
Md. Code, Agriculture § 3-601 — MD Code / Article gag / Title 3 / Subtitle 6 / Section 3-601
§3–601.
Status: in_force

This subtitle does not apply in Caroline County, Dorchester County, Garrett County, Montgomery County, or Prince George’s County.
Md. Code, Alcoholic Beverages and Cannabis § 3-103 — MD Code / Article gab / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

An application for a license shall disclose the name and address of the business entity on whose behalf the application is made and the name and address of each individual applicant.
Md. Code, Agriculture § 3-205 — MD Code / Article gag / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

The Secretary may sell any biological product to any licensed physician or veterinarian. The Secretary may charge a fee to cover the approximate cost of producing the biological product.
Md. Code, Financial Institutions § 3-307 — MD Code / Article gfi / Title 3 / Subtitle 3 / Section 3-307
§3–307.
Status: in_force

(a) The board of directors of a commercial bank may declare a cash dividend only from the following, after providing for due or accrued expenses, losses, interest, and taxes:

(1) Its undivided profits; or

(2) With the prior approval of the Commissioner, its surplus in excess of 100 percent of its required capital stock.

(b) If any stockholder receives a cash dividend that was declared or paid in violation of this section or § 3-306 of this subtitle, the stockholder is liable to the commercial bank for the full amount of the dividend to the extent that the capital and surplus of the commercial bank fails to meet the requirements of § 3-306 of this subtitle.

(c) If any director of a commercial bank votes for or assents to the declaration of any cash dividend when the director knows that the commercial bank is insolvent or is in danger of insolvency or when the director does not have reason to believe that there are sufficient undivided profits or surplus properly available to pay the dividend under this section, the director is liable, individually and jointly with all other directors so voting or assenting, to the persons who were creditors of the commercial bank when the dividend was declared for the amount by which these creditors remain unpaid, but not more than twice the amount of the dividend.
Md. Code, Public Utilities § 3-110 — MD Code / Article gpu / Title 3 / Subtitle 1 / Section 3-110
§3–110.
Status: in_force

(a) A person shall:

(1) attend a proceeding before the Commission, if ordered by the Commission, a commissioner, or the Executive Secretary of the Commission; and

(2) give any relevant testimony or produce any relevant evidence, if ordered by the Commission, a commissioner, or an authorized hearing examiner.

(b) (1) If a person refuses without valid cause to comply with an order issued under subsection (a) of this section, on affidavit that sets forth the violation to a court of general jurisdiction, the Commission or a commissioner may apply for an order to show cause why the person should not be held in contempt.

(2) An order issued under paragraph (1) of this subsection shall be returned to the court that issued the order, not less than 2 days and not more than 5 days after the date of issue.

(3) On the return of an order issued under this subsection, if the court determines that the person has violated subsection (a) of this section and persists in the violation, the court may hold the person in contempt.

(c) (1) A person may not refuse to comply with subsection (a)(2) of this section on the ground that giving testimony or producing evidence may tend to incriminate or subject the person to penalty or forfeiture.

(2) Except for perjury committed by an individual giving evidence before the Commission, an individual may not be prosecuted, punished, or subjected to penalty or forfeiture for producing any evidence required under subsection (a) of this section.
Md. Code, Commercial Law § 3-202 — MD Code / Article gcl / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

(a) Negotiation is effective even if obtained (i) from an infant, a corporation exceeding its powers, or a person without capacity, (ii) by fraud, duress, or mistake, or (iii) in breach of duty or as part of an illegal transaction.

(b) To the extent permitted by other law, negotiation may be rescinded or may be subject to other remedies, but those remedies may not be asserted against a subsequent holder in due course or a person paying the instrument in good faith and without knowledge of facts that are a basis for rescission or other remedy.
Md. Code, Housing and Community Development § 3-201 — MD Code / Article ghs / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

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

(b) “Business project” has the meaning stated in § 4–201 of this article.

(c) “Credit enhancement” means a guarantee, including a guarantee of an obligation backed by a pool of mortgages, or other assurance or security device issued to:

(1) improve the credit of a qualified borrowing entity; or

(2) upgrade the security or rating of a financial obligation, including:

(i) a mortgage backed security;

(ii) a certificate of participation; and

(iii) a bond or note issued to finance a development activity described in this subtitle.

(d) “Energy conservation project” has the meaning stated in § 4–201 of this article.

(e) “Financing” includes acquisition financing, permanent financing, short–term bridge financing, construction financing, and refinancing of a loan or project authorized under this subtitle.

(f) “Fund” means the Maryland Housing Fund.

(g) “Housing” includes:

(1) a single dwelling unit;

(2) a multiple dwelling unit;

(3) an accessory unit residential facility;

(4) a shared–living unit facility, accommodating at least two individuals or families, in which some or all of the living, dining, kitchen, or sanitary facilities are shared; and

(5) an ancillary commercial or other facility that is related to, incidental to, and supportive of the housing.

(h) “Infrastructure project” has the meaning stated in § 4–201 of this article.

(i) “Mortgage” includes:

(1) a deed of trust, a security agreement, and a pledge; and

(2) any other security arrangement securing a loan, including a mortgage, to finance:

(i) the purchase of stock or membership in a cooperative ownership housing corporation; or

(ii) the construction or rehabilitation of dwelling units in a cooperative ownership housing corporation.

(j) “Public purpose project” has the meaning stated in § 4–201 of this article.

(k) “Solar energy project” has the meaning stated in § 4–201 of this article.
Md. Code, Economic Development § 3-601 — MD Code / Article gec / Title 3 / Subtitle 6 / Section 3-601
§3–601.
Status: in_force

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

(b) “Office” means the Office of Telework Assistance.

(c) “Telework” has the meaning stated in § 2–308 of the State Personnel and Pensions Article.
Md. Code, Labor and Employment § 3-1701 — MD Code / Article gle / Title 3 / Subtitle 17 / Section 3-1701
§3–1701.
Status: in_force

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

(b) “Emergency” means a catastrophic health emergency, as defined under § 14–3A–01 of the Public Safety Article, that is the subject of an executive proclamation under § 14–3A–02 of the Public Safety Article and is related to a communicable disease.

(c) (1) “Essential employer” means a person that employs an essential worker.

(2) “Essential employer” includes a unit of State or local government.

(d) “Essential worker” means an individual who:

(1) performs a duty or work responsibility during an emergency that cannot be performed remotely or is required to be completed at the work site; and

(2) provides services that the essential employer determines to be essential or critical to its operations.
Md. Code, Business Regulation § 3-304 — MD Code / Article gbr / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

(a) (1) The Board consists of 9 members appointed by the Governor with the advice and consent of the Senate.

(2) Of the 9 members of the Board:

(i) 1 shall be a mechanical engineer;

(ii) 1 shall represent owners of carnivals;

(iii) 1 shall represent the State Fair and the county fairs;

(iv) 1 shall represent amusement ride rental operators;

(v) 2 shall represent owners of amusement parks; and

(vi) 3 shall be consumer members.

(3) In choosing the members of the Board, the Governor shall make every effort to ensure that each region of the State is represented.

(4) The composition of the Board as to the race and gender of its members shall reflect the composition of the population of the State.

(b) Each consumer member of the Board shall be a member of the general public.

(c) (1) The term of a member is 4 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, 1992.

(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.

(d) (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, Corporations and Associations § 3-106.1 — MD Code / Article gca / Title 3 / Subtitle 1 / Section 3-106.1
§3–106.
Status: in_force

§3–106.1.

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

(2) “Acquiring entity” means the Maryland corporation or other entity, as defined in § 3–901 of this title, consummating a tender or exchange offer under this section.

(3) “Consummate” means to irrevocably accept, for purchase or exchange, stock tendered in accordance with a tender or exchange offer.

(4) “Depository” means an agent appointed to consummate an offer described in this section.

(5) “Received” means:

(i) For certificated shares, physical receipt of a stock certificate and transfer of the stock certificate into the depository’s account; and

(ii) For uncertificated shares, receipt by the depository of confirmation of the transfer of the shares into the depository’s account.

(6) “Stockholder” includes a shareholder of a real estate investment trust.

(7) (i) “Subject corporation” means the Maryland corporation that is the subject of a tender or exchange offer under this section.

(ii) “Subject corporation” includes a Maryland real estate investment trust as defined in Title 8 of this article.

(b) This section applies only to an agreement to merge that provides for the consummation of the merger on or after October 1, 2014.

(c) (1) Notwithstanding § 3–105 of this subtitle, unless the charter of a corporation or declaration of trust of a real estate investment trust provides otherwise, a merger of a subject corporation with or into an acquiring entity is effected under this section if:

(i) The shares of the subject corporation are registered under the Securities Exchange Act of 1934 immediately prior to the execution of the agreement to merge by the subject corporation;

(ii) The agreement to merge expressly allows or requires the merger to be effected under this section and provides that the merger shall be effected following the consummation of the offer described in item (iii) of this paragraph;

(iii) Subject to paragraph (2) of this subsection, an acquiring entity consummates a tender or exchange offer for any and all of the outstanding shares of the subject corporation that would, except for the application of this section, entitle the holder of the outstanding shares to vote on the merger on the terms provided in the agreement to merge;

(iv) Following the consummation of the offer, the stock irrevocably accepted for purchase or exchange in accordance with the offer and received by the depository before the expiration of the offer, together with the stock otherwise owned by the acquiring entity, a person that owns, directly or indirectly, all of the outstanding equity interest in the acquiring entity, and a direct or indirect wholly owned subsidiary of the acquiring entity or a person that owns, directly or indirectly, all of the outstanding equity interest in the acquiring entity, equals at least that percentage of the shares, and of each class or series of the shares, of the subject corporation that would, except for the application of this section, be required to approve the merger under this article and the charter of the subject corporation;

(v) The acquiring entity merges with or into the subject corporation; and

(vi) Each outstanding share of each class or series of shares of the subject corporation that is the subject of and not irrevocably accepted for purchase or exchange in the offer is converted in the merger into, or into the right to receive, the same amount and kind of cash, property, rights, or securities paid for shares of the class or series of shares of the subject corporation irrevocably accepted for purchase or exchange in the offer.

(2) A tender or an exchange offer under paragraph (1)(iii) of this subsection may exclude stock of the subject corporation that is owned at the commencement of the offer by:

(i) The acquiring entity;

(ii) A person that owns, directly or indirectly, all of the outstanding equity interest in the acquiring entity; or

(iii) A direct or indirect wholly owned subsidiary of a person described in item (i) or (ii) of this paragraph.

(d) (1) (i) The board of directors of each Maryland corporation proposing to become a party to the merger shall adopt a resolution that approves the proposed merger on substantially the terms and conditions set forth or referred to in the resolution.

(ii) The approval shall be by a majority vote of the entire board of directors.

(iii) A meeting of the stockholders is not necessary.

(2) If an other entity, as defined in § 3–901 of this title, is a party to the merger, the transaction shall be advised, authorized, and approved by the other entity in the manner and by the vote required by its governing documents and the laws of the place where the other entity is organized.

(e) (1) Unless waived by all stockholders who, except for the application of this section, would be entitled to vote on the merger, at least 20 business days before the articles are filed with the Department an acquiring entity that owns less than all of the outstanding shares of the subject corporation as of immediately before the effective time of the merger must have given notice of the transaction to each of the subject corporation’s stockholders of record who, except for the application of this section, would be entitled to vote on the merger on the date that notice is given or on a record date fixed for that purpose that is not more than 10 days before the date that notice is given.

(2) A minority stockholder of the subject corporation has the right to demand and receive payment of the fair value of the minority stockholder’s shares as, and to the extent, provided in Subtitle 2 of this title relating to objecting stockholders.
Md. Code, Human Services § 3-503 — MD Code / Article ghu / Title 3 / Subtitle 5 / Section 3-503
§3–503.
Status: in_force

The duties and functions of a local board include:

(1) to advise the local director as to the local application of State policies or procedures;

(2) to be well informed on local departmental activities;

(3) to communicate to the residents of the county, broad and comprehensive information as to the objectives, policies, programs, and problems of local social services and public assistance administration;

(4) to review the periodic evaluation of the local department prepared by the Department and consult with the local director as to the proper implementation of the recommendations and any recommendations made by the local board as a result of its evaluation of the local department;

(5) to review and transmit to the Secretary and the local governing authority:

(i) the annual report of the local director on the activities of the local department; and

(ii) any changes in policies or procedures the local board recommends;

(6) to review and make recommendations regarding the annual estimate of funds needed for social services and public assistance purposes in the county;

(7) (i) to consult with the local director regarding any new service that might be instituted by the local director or the local board to meet an unmet need in the county;

(ii) to approve or disapprove the local director’s evaluation of the readiness of the local department to take on the new service and the propriety of the new service within the State plan; and

(iii) to present to the Department:

1. suggested new services that the local board approves, regardless of whether the recommendation originated from the local director or the local board; and

2. the recommendations of both the local director and the local board;

(8) to take active steps to secure the appropriation of local funds by the local governing authority to meet needs that are:

(i) not financed by or available through any other federal, State, or local plan, project, or program; and

(ii) not in conflict with the State plan;

(9) to meet with the Secretary periodically at the request of the Secretary or the local board;

(10) to establish and maintain effective liaison with the local governing authority;

(11) in conjunction with the Department, to serve as an advocate for social services and public assistance programs on the local, State, and federal levels;

(12) to work to identify private, State, and federal grant sources for social services and public assistance programs;

(13) in conjunction with the Department, to develop and implement an educational and public relations program for public and elected officials on the local, State, and federal level; and

(14) in conjunction with the Department and the local executive authority or its designee, to evaluate the local director and make recommendations based on the evaluation to the Secretary.
Md. Code, Corporations and Associations § 3-603 — MD Code / Article gca / Title 3 / Subtitle 6 / Section 3-603
§3–603.
Status: reserved

(a) For purposes of this section:

(1) “Announcement date” means the first general public announcement of the proposal or intention to make a proposal of the business combination or its first communication generally to stockholders of the corporation, whichever is earlier;

(2) “Determination date” means the most recent date on which the interested stockholder became an interested stockholder; and

(3) “Valuation date” means:

(i) For a business combination voted upon by stockholders, the latter of the day prior to the date of the stockholders’ vote or the day 20 days prior to the consummation of the business combination; and

(ii) For a business combination not voted upon by stockholders, the date of the consummation of the business combination.

(b) The vote required by § 3–602(b) of this subtitle does not apply to a business combination as defined in § 3–601(e)(1) of this subtitle if each of the following conditions is met:

(1) The aggregate amount of the cash and the market value as of the valuation date of consideration other than cash to be received per share by holders of common stock in such business combination is at least equal to the highest of the following:

(i) The highest per share price (including any brokerage commissions, transfer taxes and soliciting dealers’ fees) paid by the interested stockholder for any shares of common stock of the same class or series acquired by it within the 5–year period immediately prior to the announcement date of the proposal of the business combination, plus an amount equal to interest compounded annually from the earliest date on which the highest per share acquisition price was paid through the valuation date at the rate for 1–year United States Treasury obligations from time to time in effect, less the aggregate amount of any cash dividends paid and the market value of any dividends paid in other than cash, per share of common stock from the earliest date through the valuation date, up to the amount of the interest; or

(ii) The highest per share price (including any brokerage commissions, transfer taxes and soliciting dealers’ fees) paid by the interested stockholder for any shares of common stock of the same class or series acquired by it on, or within the 5–year period immediately before, the determination date, plus an amount equal to interest compounded annually from the earliest date on which the highest per share acquisition price was paid through the valuation date at the rate for 1–year United States Treasury obligations from time to time in effect, less the aggregate amount of any cash dividends paid and the market value of any dividends paid in other than cash, per share of common stock from the earliest date through the valuation date, up to the amount of the interest; or

(iii) The market value per share of common stock of the same class or series on the announcement date, plus an amount equal to interest compounded annually from that date through the valuation date at the rate for 1–year United States Treasury obligations from time to time in effect, less the aggregate amount of any cash dividends paid and the market value of any dividends paid in other than cash, per share of common stock from that date through the valuation date, up to the amount of the interest; or

(iv) The market value per share of common stock of the same class or series on the determination date, plus an amount equal to interest compounded annually from that date through the valuation date at the rate for 1–year United States Treasury obligations from time to time in effect, less the aggregate amount of any cash dividends paid and the market value of any dividends paid in other than cash, per share of common stock from that date through the valuation date, up to the amount of the interest; or

(v) The price per share equal to the market value per share of common stock of the same class or series on the announcement date or on the determination date, whichever is higher, multiplied by the fraction of:

1. The highest per share price (including any brokerage commissions, transfer taxes and soliciting dealers’ fees) paid by the interested stockholder for any shares of common stock of the same class or series acquired by it within the 5–year period immediately prior to the announcement date, over

2. The market value per share of common stock of the same class or series on the first day in such 5–year period on which the interested stockholder acquired any shares of common stock.

(2) The aggregate amount of the cash and the market value as of the valuation date of consideration other than cash to be received per share by holders of shares of any class or series of outstanding stock other than common stock in the business combination is at least equal to the highest of the following (whether or not the interested stockholder has previously acquired any shares of the particular class or series of stock):

(i) The highest per share price (including any brokerage commissions, transfer taxes and soliciting dealers’ fees) paid by the interested stockholder for any shares of such class or series of stock acquired by it within the 5–year period immediately prior to the announcement date of the proposal of the business combination, plus an amount equal to interest compounded annually from the earliest date on which the highest per share acquisition price was paid through the valuation date at the rate for 1–year United States Treasury obligations from time to time in effect, less the aggregate amount of any cash dividends paid and the market value of any dividends paid in other than cash, per share of the class or series of stock from the earliest date through the valuation date, up to the amount of the interest; or

(ii) The highest per share price (including any brokerage commissions, transfer taxes and soliciting dealers’ fees) paid by the interested stockholder for any shares of such class or series of stock acquired by it on, or within the 5–year period immediately prior to, the determination date, plus an amount equal to interest compounded annually from the earliest date on which the highest per share acquisition price was paid through the valuation date at the rate for 1–year United States Treasury obligations from time to time in effect, less the aggregate amount of any cash dividends paid and the market value of any dividends paid in other than cash, per share of the class or series of stock from the earliest date through the valuation date, up to the amount of the interest; or

(iii) The highest preferential amount per share to which the holders of shares of such class or series of stock are entitled in the event of any voluntary or involuntary liquidation, dissolution or winding up of the corporation; or

(iv) The market value per share of such class or series of stock on the announcement date, plus an amount equal to interest compounded annually from that date through the valuation date at the rate for 1–year United States Treasury obligations from time to time in effect, less the aggregate amount of any cash dividends paid and the market value of any dividends paid in other than cash, per share of the class or series of stock from that date through the valuation date, up to the amount of the interest; or

(v) The market value per share of such class or series of stock on the determination date, plus an amount equal to interest compounded annually from that date through the valuation date at the rate for 1–year United States Treasury obligations from time to time in effect, less the aggregate amount of any cash dividends paid and the market value of any dividends paid in other than cash, per share of the class or series of stock from that date through the valuation date, up to the amount of the interest; or

(vi) The price per share equal to the market value per share of such class or series of stock on the announcement date or on the determination date, whichever is higher, multiplied by the fraction of:

1. The highest per share price (including any brokerage commissions, transfer taxes and soliciting dealers’ fees) paid by the interested stockholder for any shares of any class of voting stock acquired by it within the 5–year period immediately prior to the announcement date, over

2. The market value per share of the same class of voting stock on the first day in such 5–year period on which the interested stockholder acquired any shares of the same class of voting stock.

(3) The consideration to be received by holders of any class or series of outstanding stock is to be in cash or in the same form as the interested stockholder has previously paid for shares of the same class or series of stock. If the interested stockholder has paid for shares of any class or series of stock with varying forms of consideration, the form of consideration for such class or series of stock shall be either cash or the form used to acquire the largest number of shares of such class or series of stock previously acquired by it.

(4) (i) After the determination date and prior to the consummation of such business combination:

1. There shall have been no failure to declare and pay at the regular date therefor any full periodic dividends (whether or not cumulative) on any outstanding preferred stock of the corporation;

2. There shall have been:

A. No reduction in the annual rate of dividends paid on any class or series of stock of the corporation that is not preferred stock (except as necessary to reflect any subdivision of the stock); and

B. An increase in such annual rate of dividends as necessary to reflect any reclassification (including any reverse stock split), recapitalization, reorganization or any similar transaction which has the effect of reducing the number of outstanding shares of the stock; and

3. The interested stockholder did not become the beneficial owner of any additional shares of stock of the corporation except as part of the transaction which resulted in such interested stockholder becoming an interested stockholder or by virtue of proportionate stock splits or stock dividends.

(ii) The provisions of subparagraph (i)1 and 2 of this paragraph do not apply if no interested stockholder or an affiliate or associate of the interested stockholder voted as a director of the corporation in a manner inconsistent with subparagraph (i)1 and 2 of this paragraph and the interested stockholder, within 10 days after any act or failure to act inconsistent with subparagraph (i)1 and 2 of this paragraph, notifies the board of directors of the corporation in writing that the interested stockholder disapproves thereof and requests in good faith that the board of directors rectify such act or failure to act.

(c) (1) Whether or not such business combinations are authorized or consummated in whole or in part after July 1, 1983 or after the determination date, the provisions of § 3–602 of this subtitle do not apply to business combinations that specifically, generally, or generally by types, as to specifically identified or unidentified existing or future interested stockholders or their affiliates, have been approved or exempted therefrom, in whole or in part, by resolution of the board of directors of the corporation:

(i) Prior to September 1, 1983 or such earlier date as may be irrevocably established by resolution of the board of directors; or

(ii) If involving transactions with a particular interested stockholder or its existing or future affiliates, at any time prior to the most recent time that the interested stockholder became an interested stockholder.

(2) Unless by its terms a resolution adopted under this subsection is made irrevocable, it may be altered or repealed by the board of directors, but this shall not affect any business combinations that have been consummated, or are the subject of an existing agreement entered into, prior to the alteration or repeal.

(d) (1) Unless the charter or bylaws of the corporation specifically provides otherwise, the provisions of § 3–602 of this subtitle do not apply to business combinations of a corporation that, on July 1, 1983, had an existing interested stockholder, whether a business combination is with the existing stockholder or with any other person that becomes an interested stockholder after July 1, 1983, or their present or future affiliates, unless, at any time after July 1, 1983, the board of directors of the corporation elects by resolution to be subject, in whole or in part, specifically, generally, or generally by types, as to specifically identified or unidentified interested stockholders, to the provisions of § 3–602 of this subtitle.

(2) The charter or bylaws of the corporation may provide that if the board of directors adopts a resolution under paragraph (1) of this subsection the resolution shall be subject to approval of the stockholders in the manner and by the vote specified in the charter or the bylaws.

(3) An election under this subsection may be added to but may not be altered or repealed except by a charter amendment adopted by a vote of stockholders meeting the requirements of subsection (e)(1)(iii) of this section.

(4) If a corporation elects under this subsection to be included within the provisions of this subtitle generally, without qualification or limitation, it shall file with the Department articles supplementary including a copy of the resolution making the election and a statement describing the manner in which the resolution was adopted. The articles supplementary shall be executed in the manner required by Title 1 of this article. The articles supplementary constitute articles supplementary under § 1–101(f)(2) of this article, but do not constitute an amendment to the charter.

(e) (1) Unless the charter of the corporation provides otherwise, the provisions of § 3–602 of this subtitle do not apply to any business combination of:

(i) A close corporation as defined in § 4–101(b) of this article;

(ii) A corporation having fewer than 100 beneficial owners of its stock;

(iii) A corporation whose original articles of incorporation have a provision, or whose stockholders adopt a charter amendment after June 30, 1983 by a vote of at least 80 percent of the votes entitled to be cast by outstanding shares of voting stock of the corporation, voting together as a single voting group, and two–thirds of the votes entitled to be cast by persons (if any) who are not interested stockholders of the corporation or affiliates or associates of interested stockholders, voting together as a single voting group, expressly electing not to be governed by the provisions of § 3–602 of this subtitle in whole or in part, or in either case as to business combinations, specifically, generally, or generally by types, or as to identified or unidentified existing or future interested stockholders or their affiliates, provided that, other than in the case of the original articles of incorporation, an amendment may not be effective until 18 months after the vote of stockholders and may not apply to any business combination of the corporation with an interested stockholder (or any affiliate of the interested stockholder) who became an interested stockholder on or before the date of the vote;

(iv) A corporation registered under the Investment Company Act of 1940 as an open end investment company;

(v) A corporation registered under the Investment Company Act of 1940 as a closed end investment company unless its board of directors adopts a resolution to be subject to § 3–602 of this subtitle on or after June 1, 2000, provided that the resolution shall not be effective with respect to a business combination with any person who has become an interested stockholder before the time that the resolution is adopted; or

(vi) A corporation with an interested stockholder that became an interested stockholder inadvertently, if the interested stockholder:

1. As soon as practicable (but not more than 10 days after the interested stockholder knew or should have known it had become an interested stockholder) divests itself of a sufficient amount of the voting stock of the corporation so that it no longer is the beneficial owner, directly or indirectly, of 10 percent or more of the outstanding voting stock of the corporation; and

2. Would not at any time within the 5–year period preceding the announcement date with respect to the business combination have been an interested stockholder except by inadvertence.

(2) For purposes of paragraph (1)(ii) of this subsection, all stockholders of a corporation that have executed an agreement to which the corporation is an executing party governing the purchase and sale of stock of the corporation or a voting trust agreement governing stock of the corporation shall be considered a single beneficial owner of the stock covered by the agreement.

(f) A business combination of a corporation that has a charter provision permitted by § 2–104(b)(5) of this article is subject to the voting requirements of § 3–602 of this subtitle unless one of the requirements or exemptions of subsection (b), (c), (d), or (e) of this section have been met.
Md. Code, Natural Resources § 3-101 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

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

(b) “Board” means the Board of Directors of the Maryland Environmental Service.

(c) “Bonds” means all bonds or other evidences of indebtedness of the Service other than notes, whether general or limited obligations of the Service.

(d) “Cost” as applied to a water supply project, a solid waste disposal project, a wastewater purification project, an energy project, a service area, a service district, or to any activity undertaken by the Service, includes: (1) the cost of construction or acquisition, including the purchase price of any existing project or the cost of acquiring all or any portion of the right, title, or interest in the project and the amount to be paid to discharge all obligations necessary to vest title to the project or any part of it in the Service or other owner; (2) the cost of any reconstruction, extension, enlargement, alteration, repair, or improvement; (3) the cost of all lands, properties, rights, easements, interests, franchises, and permits acquired; (4) the cost of all labor, machinery and equipment, financing charges, interest prior to and during construction and for such period after completion of construction as the Service deems appropriate; (5) the cost of revenue estimates, engineering and legal services, plans, designs, specifications, surveys, investigations, demonstrations, studies, estimates of cost, other expenses necessary or incident to determining the feasibility or practicability of any such acquisition, improvement, or construction; (6) administrative and overhead expenses, and all expenses necessary or incidental to the financing herein authorized, and to the acquisition, operation, maintenance, improvement, construction of water supply, liquid, solid waste, and energy project facilities, and the placing of these project facilities in operation, including reasonable provision for working capital; (7) reserves for principal and interest and for extensions, enlargements, additions and improvements. Any obligation or expense incurred prior to the issuance of bonds or notes under the provisions of this title in connection with the foregoing items of cost may be regarded as a part of such costs.

(e) The word “county” includes Baltimore City unless otherwise indicated.

(f) “Energy project” means any service, facility, system, or property, real or personal, used, useful, or having present capacity for use in connection with:

(1) Energy conservation; or

(2) The production, generation, or distribution of energy from a renewable or other energy source.

(g) “Executive Director” means the Executive Director of the Maryland Environmental Service.

(h) “Facility” means a physical structure or appurtenance built, constructed, acquired, installed, or established to perform a function or service in connection with a water supply, wastewater purification, solid waste disposal, or energy project whether publicly or privately owned and whether existing or proposed.

(i) “Liquid waste” means:

(1) Stormwater runoff; and

(2) Any water–carried wastes or wastes which are liquid in nature created in and carried away, or to be carried away, from residences, institutions, industrial establishments, commercial establishments, or any other public or private building, structure, or facility.

(j) “Municipality” means any county, municipal corporation, sanitary district, State or local unit, the District of Columbia, the United States or any of its units, or other public body or unit created or established by or in accordance with federal, State, or local law, ordinance, or resolution.

(k) “Notes” means bond anticipation notes, revenue anticipation notes, and grant anticipation notes of the Service, whether general or limited obligations of the Service.

(l) “Person” means any natural person, individual, firm, partnership, association, cooperative, limited liability company, corporation, or other entity.

(m) (1) “Project” means a solid waste disposal project, a wastewater purification project, a water supply project, or an energy project, as the case may be.

(2) “Project” includes any service, facility, or property used or useful or having present capacity for future use in connection with:

(i) The transporting, transferring, compacting, burying, incinerating, reduction, composting, collection, storage, treatment, utilization, processing, or final disposal of liquid wastes, solid wastes or water, as the case may be;

(ii) The conversion of liquid wastes, solid wastes or water, as the case may be, to fuel, steam, electricity, energy, or other resources or the generation of steam, electricity, or other forms of energy from fuel which is derived from, or is otherwise related to, liquid wastes, solid wastes or water, as the case may be;

(iii) The reconstruction, converting or otherwise recycling of liquid wastes, solid wastes or water, as the case may be, into material which is not liquid waste, solid waste or water or which is useful or is marketable; or

(iv) Any combination of items (i) through (iii) of this paragraph, whether or not such facilities are located on a single site.

(3) “Project” also includes:

(i) Waste disposal facilities, pollution control facilities, and facilities for generating and furnishing electric energy or gas or other forms of energy which can be financed by bonds the interest on which is exempt from income tax under the Internal Revenue Code of 1986, as amended, whether such interest would have been tax exempt at the time of the enactment of this subtitle or of any amendment thereto; and

(ii) Any facilities and properties within the definition of “project”, “solid waste disposal project”, “wastewater purification project”, “water supply project”, or “energy project” set forth in this subsection, whether or not such facilities or properties can be financed by bonds the interest on which is tax exempt under the Internal Revenue Code of 1986, as amended, it being the purpose and intent of this subtitle that the terms “project”, “solid waste disposal project”, “wastewater purification project”, “water supply project”, and “energy project” be liberally construed so as to effectuate the purposes of this subtitle.

(4) “Project”, “solid waste disposal project”, “wastewater purification project”, “water supply project”, and “energy project” include land, buildings, structures, machinery, equipment, rail or motor vehicles, barges, boats, and all properties and rights therein and appurtenances thereof, rights–of–way, franchises, easements, and other interests in land, all land and facilities that are functionally or administratively related and subordinate to the solid waste disposal project, wastewater purification project, water supply project, or energy project, as the case may be, and all patents, licenses, and other rights necessary or useful in the planning, development, construction, or operation of a solid waste disposal project, wastewater purification project, water supply project, or energy project.

(n) “Service” means the Maryland Environmental Service.

(o) “Service district” means a geographic area established by the Service, after consultation with the municipalities affected, for the purpose of providing water supply projects, wastewater purification projects or solid waste disposal projects. Service districts may encompass areas containing projects of the Service as well as nonduplicating, noncompetitive projects owned and operated by municipalities or persons. Service districts shall be based upon approved State–county master water and sewerage plans or solid waste disposal plans, if any, adopted pursuant to the Environment Article, but they may also take account of other plans and studies.

(p) “Service region” means a geographic area which the Maryland Environmental Service designates and within which the Executive Director, after consultation with the municipalities affected, causes surveys, plans, studies, and estimates to be made for the purpose of determining the most dependable, effective, and efficient means of providing services through water supply projects, solid waste disposal projects, or wastewater purification projects. Service regions shall be based upon needs set forth in approved State–county master water and sewerage plans, or solid waste disposal plans, if any, adopted pursuant to the Environment Article, but they may also take account of other plans and studies.

(q) “Solid waste disposal project” means any service, facility, or real or personal property used or useful or having present capacity for future use in connection with the measurement, management, collection, disposal, prevention, or recycling of solid wastes by any means, including disposal, recovery, or reuse to produce energy or products, or otherwise.

(r) “Solid wastes” means all waste materials, whether solid, liquid, or gas, including liquid wastes. The term includes garbage, rubbish, ashes, incinerator residue, wastewater treatment residue, street cleanings, dredged materials, dead animals, demolition and construction debris, household appliances, hazardous materials, automobile bodies, offal, paunch manure, methane or any other gases, sewage sludge and solid or gaseous waste materials from commercial, agricultural, residential, industrial, or community activities.

(s) “Wastewater purification project” means any service, facility, or property, real or personal, used or useful or having present capacity for future use in connection with the measurement, management, prevention, redirection, collection, or treatment of liquid wastes.

(t) “Water supply project” means any service, facility, or property, real or personal, used, useful, or having present capacity for future use in connection with water supply, protection, and distribution, including any water treatment facility or property and rights therein and appurtenances thereto.
Md. Code, Corporations and Associations § 3-111 — MD Code / Article gca / Title 3 / Subtitle 1 / Section 3-111
§3–111.
Status: in_force

(a) The Department shall prepare certificates of consolidation, merger, or share exchange, as the case may be, that specify:

(1) The name of each party to the articles;

(2) The name of the successor and the location of its principal office in this State or, if it has none, its principal place of business; and

(3) The time the articles are accepted for record by the Department.

(b) In addition to any other provision of law with respect to recording, the Department shall send one certificate each to the clerk of the circuit court for each county where the articles show that a merging corporation, partnership, limited partnership, limited liability company, or business trust other than the successor or a consolidating corporation owns an interest in land.

(c) On receipt of a certificate, a clerk promptly shall record it with the land records.
Md. Code, General Provisions § 3-301 — MD Code / Article ggp / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

Except as otherwise expressly provided in this title, a public body shall meet in open session.
Md. Code, Education § 3-203 — MD Code / Article ged / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

(a) Each elected county board member is entitled to:

(1) An annual salary set by the Allegany County Commissioners in accordance with Title 28, Subtitle 1 of the Local Government Article; and

(2) Reimbursement, after submitting vouchers, for travel and other expenses.

(b) Each elected member of the county board shall be paid in 12 equal monthly installments.
Md. Code, Health Occupations § 3-316 — MD Code / Article gho / Title 3 / Subtitle 3 / Section 3-316
§3–316.
Status: in_force

(a) Except as provided in this section for an action under § 3–313 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined in the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.

(b) Any person aggrieved by a final decision of the Board under § 3–313 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided in the Administrative Procedure Act.

(c) (1) The Board may grant a stay of enforcement of a Board order in accordance with the Administrative Procedure Act.

(2) An order of the Board may not be stayed pending judicial review.

(d) The Board may appeal a decision that reverses or modifies its order.
Md. Code, Land Use § 3-103 — MD Code / Article glu / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

(a) The development regulations element shall include the planning commission’s recommendation for land development regulations to implement the plan.

(b) The development regulations element shall encourage:

(1) the use of flexible development regulations to promote innovative and cost–saving site design and protect the environment; and

(2) within the areas designated for growth in the plan:

(i) economic development through the use of innovative techniques; and

(ii) streamlined review of applications for development, including permit review and subdivision plat review.
Md. Code, Business Regulation § 3-102 — MD Code / Article gbr / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

(a) The General Assembly finds that:

(1) an unsafe amusement attraction is likely to cause serious and preventable injuries to members of the public; and

(2) for the welfare of the people of the State, these injuries must be prevented and the public must be protected from unsafe amusement attractions.

(b) The purpose of this title is to ensure, as far as possible, the safety of the public in the use of amusement attractions at carnivals, fairs, and amusement parks in the State by providing for:

(1) adoption of safety regulations;

(2) an effective enforcement and compliance program; and

(3) reporting procedures on the safety of amusement attractions that:

(i) help to achieve the purpose of this title; and

(ii) describe accurately the hazards of amusement attractions.
Md. Code, State Government § 3-402 — MD Code / Article gsg / Title 3 / Subtitle 4 / Section 3-402
§3–402.
Status: in_force

An executive order that amends another executive order shall show each addition or deletion in the manner shown in a bill in the General Assembly.
Md. Code, Courts and Judicial Proceedings § 3-828 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-828
§3–828.
Status: in_force

(a) An adult may not willfully contribute to, encourage, cause or tend to cause any act, omission, or condition that renders a child in need of assistance.

(b) A person may be convicted under this section even if the child is not adjudicated a CINA.

(c) An adult who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $2,500 or imprisonment not exceeding 3 years or both.

(d) A petition alleging a violation of this section shall be prepared and filed by the State’s Attorney.

(e) If an adult is charged under this section, the allegations shall be proved beyond a reasonable doubt.
Md. Code, General Provisions § 3-210 — MD Code / Article ggp / Title 3 / Subtitle 2 / Section 3-210
§3–210.
Status: in_force

Except as provided in § 3–211 of this subtitle, the Board may not require or compel any specific actions by a public body.
Md. Code, Corporations and Associations § 3-113 — MD Code / Article gca / Title 3 / Subtitle 1 / Section 3-113
§3–113.
Status: in_force

(a) If the successor in a consolidation or merger or the corporation the stock of which is to be acquired in a share exchange is a Maryland corporation, a consolidation, merger, or share exchange is effective as of the later of:

(1) The time the Department accepts the articles of consolidation, merger, or share exchange for record; or

(2) The time established under the articles, not to exceed 30 days after the articles are accepted for record.

(b) (1) If the successor in a consolidation or merger is a foreign corporation, a foreign business trust, a foreign limited partnership, a foreign limited liability company, or a foreign partnership, the consolidation or merger is effective as of the later of:

(i) The time specified by the law of the place where the successor is organized; or

(ii) The time the Department accepts the articles of consolidation or merger for record.

(2) A successor in a consolidation or merger shall file for record with the Department a certificate from the place where it is organized which certifies the date the articles of consolidation or merger were filed. However, the failure to file this certificate does not invalidate the consolidation or merger.
Md. Code, Courts and Judicial Proceedings § 3-816.4 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-816.4
§3–816.
Status: in_force

§3–816.4.

(a) In this section, “educational stability” means the continuous process of identifying and implementing the appropriate educational placement, training, resources, services, and experiences that will address the fundamental needs necessary to ensure the successful educational outcome of a child and contribute to the child’s overall well–being.

(b) The court shall inquire as to the educational stability of a child at a shelter care hearing, adjudicatory hearing, disposition hearing, and any change of placement proceeding.

(c) In determining the educational stability of a child under this section, the court may consider the following factors:

(1) The appropriateness of the child’s current school placement;

(2) The school placement of the child’s siblings;

(3) The minimization of school changes;

(4) The proximity of the school to the child’s placement;

(5) Transportation to and from school;

(6) The proper release and prompt transfer of the child’s education records;

(7) The child’s school attendance;

(8) The identification of and consultation with the child’s educational guardian;

(9) The maintenance of any individual education plan (IEP); and

(10) The child’s appropriate grade level progress or progress toward graduation.
Md. Code, Insurance § 3-105 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-105
§3–105.
Status: in_force

(a) A person proposing to form a mutual insurer may not solicit in the State applications or premiums for policies of the proposed mutual insurer until the person provides the Commissioner with specific information about the methods and proposed cost of the promotion.

(b) (1) Before a person proposing to form a mutual insurer solicits applications or premiums for policies, the person shall have funds acquired in accordance with § 3-116 of this subtitle in the amount of:

(i) $125,000, if the person will solicit applications or premiums for one kind of insurance business, as set out in § 4-104 of this article; or

(ii) $250,000, if the person will solicit applications or premiums for two or more kinds of insurance business.

(2) The funds shall be held in cash or in investments authorized for capital and reserve under Title 5, Subtitle 6 of this article.

(c) (1) A person must obtain a license from the Commissioner before the person forms a mutual insurer in the State.

(2) Before issuing a license, the Commissioner shall investigate the record of the applicant.

(3) The Commissioner shall issue a license under this subsection if the Commissioner finds that the applicant is honest and trustworthy.
Md. Code, Tax - General § 3-108 — MD Code / Article gtg / Title 3 / Subtitle 1 / Section 3-108
§3–108.
Status: in_force

(a) From among the judges, the Governor shall appoint a Chief Judge.

(b) An appointment as Chief Judge is effective during the term of the judge who is appointed to the position.
Md. Code, Commercial Law § 3-602 — MD Code / Article gcl / Title 3 / Subtitle 6 / Section 3-602
§3–602.
Status: in_force

(a) Subject to subsection (b), an instrument is paid to the extent payment is made (i) by or on behalf of a party obliged to pay the instrument, and (ii) to a person entitled to enforce the instrument. To the extent of the payment, the obligation of the party obliged to pay the instrument is discharged even though payment is made with knowledge of a claim to the instrument under § 3-306 by another person.

(b) The obligation of a party to pay the instrument is not discharged under subsection (a) if:

(1) A claim to the instrument under § 3-306 is enforceable against the party receiving payment and (i) payment is made with knowledge by the payor that payment is prohibited by injunction or similar process of a court of competent jurisdiction, or (ii) in the case of an instrument other than a cashier's check, teller's check, or certified check, the party making payment accepted, from the person having a claim to the instrument, indemnity against loss resulting from refusal to pay the person entitled to enforce the instrument; or

(2) The person making payment knows that the instrument is a stolen instrument and pays a person it knows is in wrongful possession of the instrument.
Md. Code, Labor and Employment § 3-903.1 — MD Code / Article gle / Title 3 / Subtitle 9 / Section 3-903.1
§3–903.
Status: in_force

§3–903.1.

The presumption that an employer–employee relationship exists under § 3–903(c)(1) of this subtitle does not apply if:

(1) an employer produces for inspection by the Commissioner:

(i) a written contract, signed by the employer and business entity, that:

1. describes the nature of the work to be performed by the business entity;

2. describes the remuneration to be paid for the work performed by the business entity; and

3. includes an acknowledgment by the business entity of the business entity’s obligations under this article to:

A. withhold, report, and remit payroll taxes on behalf of all employees working for the business entity;

B. pay unemployment insurance taxes for all employees working for the business entity; and

C. maintain workers’ compensation insurance;

(ii) an affidavit signed by the business entity indicating that the business entity is an independent contractor who is available to work for other business entities;

(iii) a current certificate of status of the business entity, issued by the State Department of Assessments and Taxation, indicating that the business entity is in good standing; and

(iv) proof that the business entity holds all occupational licenses required by State and local authorities for the work performed; and

(2) the employer provided to each individual classified as an independent contractor or exempt person a written notice under § 3–914 of this subtitle.
Md. Code, Public Safety § 3-605 — MD Code / Article gps / Title 3 / Subtitle 6 / Section 3-605
§3–605.
Status: in_force

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

(2) “Law enforcement agency” means a State, county, or municipal police department or agency, or a sheriff’s department.

(3) “Missing offender” means an individual:

(i) whose whereabouts are unknown;

(ii) who is suspected of killing or seriously injuring a law enforcement officer;

(iii) whose disappearance poses a serious threat to the public and other law enforcement personnel; and

(iv) whose vehicle the reporting law enforcement agency is able to describe, including any information about the vehicle’s registration plate.

(b) (1) The Department of State Police shall establish a Blue Alert Program to provide a system for rapid dissemination of information to assist in locating and apprehending a missing offender.

(2) The Department of State Police shall:

(i) adopt guidelines and develop procedures for issuing a Blue Alert for a missing offender;

(ii) provide training to local law enforcement agencies on the guidelines and procedures to be used to make and handle a report of a missing offender;

(iii) provide assistance to a local law enforcement agency, as necessary, to assist in the location and apprehension of a missing offender;

(iv) recruit public and commercial television and radio broadcasters, local volunteer groups, and other members of the public to assist in developing and implementing a Blue Alert; and

(v) consult with the State Highway Administration and the Governor’s Division of Emergency Management to establish a plan for providing information relevant to a Blue Alert to the public through the dynamic message sign system located across the State.

(c) A law enforcement officer or agency that apprehends a missing offender who is the subject of a Blue Alert immediately shall notify the Department of State Police and the law enforcement agency that filed the report resulting in the Blue Alert that the missing offender has been apprehended.
Md. Code, Financial Institutions § 3-209 — MD Code / Article gfi / Title 3 / Subtitle 2 / Section 3-209
§3–209.
Status: in_force

(a) (1) Before the Commissioner issues a certificate to do business, the required capital stock and the required surplus shall be paid in full.

(2) A commercial bank shall have required capital stock that equals at least:

(i) $750,000, if it is in a municipal area with not more than 50,000 inhabitants; and

(ii) $1.5 million, if it is in a municipal area with more than 50,000 inhabitants.

(3) A commercial bank shall have a surplus in an amount that equals at least 20 percent of its required capital stock.

(b) (1) Before a commercial bank establishes a branch, the commercial bank shall have capital stock and surplus as provided in this subsection.

(2) For a branch that is to be located inside the municipal area of the principal banking office of the commercial bank, the commercial bank shall have capital stock and surplus that equal at least the sum of the amounts required by subsection (a) of this section.

(3) For a branch that is to be located outside the municipal area of the principal banking office of the commercial bank, the commercial bank shall have capital stock and surplus that equal at least the sum of:

(i) The amount required by subsection (a) of this section; and

(ii) 1. $120,000, if it is in a municipal area with not more than 25,000 inhabitants;

2. $180,000, if it is in a municipal area with more than 25,000 and not more than 100,000 inhabitants;

3. $240,000, if it is in a municipal area with more than 100,000 and not more than 250,000 inhabitants; and

4. $900,000, if it is in a municipal area with more than 250,000 inhabitants.

(c) Unless otherwise provided by law, the unimpaired capital and surplus of a commercial bank include its debt instruments issued under § 3–312 of this title.
Md. Code, Labor and Employment § 3-203 — MD Code / Article gle / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

This subtitle does not apply to an activity that a minor performs if the activity:

(1) is performed outside the school hours set for that minor;

(2) does not involve manufacturing or mining;

(3) is not a hazardous occupation restricted under § 3–213(c)(1) or (2) of this subtitle for that minor; and

(4) is limited to:

(i) farm work that is performed on a farm;

(ii) domestic work that is performed in or about a home;

(iii) work that is performed in a business that a parent of the minor or a person standing in place of the parent owns or operates;

(iv) caddying on a golf course;

(v) instructing on an instructional sailboat;

(vi) delivery of newspapers to consumers;

(vii) making an evergreen wreath in or about a home;

(viii) work performed as a counselor, assistant counselor, or instructor in a youth camp certified under the Maryland Youth Camp Act; or

(ix) work that is performed as an unpaid volunteer in a charitable or nonprofit organization, if:

1. a parent of the minor or a person standing in the place of the parent consents in writing; and

2. for hazardous work in a volunteer fire department or company or volunteer rescue squad, the minor:

A. is at least 16 years old; and

B. has completed or is taking a course of study about fire fighting or rescue.
Md. Code, Tax - Property § 3-107 — MD Code / Article gtp / Title 3 / Subtitle 1 / Section 3-107
§3–107.
Status: in_force

(a) Each board has jurisdiction in its county over appeals concerning:

(1) real property values and assessments;

(2) credits for elderly or disabled renters under § 9-102 of this article;

(3) credits for homeowners under §§ 9-104 and 9-105 of this article;

(4) credits for elderly or disabled homeowners under § 9-101 of this article;

(5) credits authorized under § 9-222 of this article for real property leased to a religious group or religious organization;

(6) the value of easements under § 2-511 of the Agriculture Article; or

(7) the rejection of an application for a property tax exemption as provided by § 7-103 and Title 14, Subtitle 5 of this article.

(b) (1) A board may not decrease the amount of an assessment after the date of finality for any year unless an appeal of the assessment is filed before the date of finality.

(2) Between general reviews of an assessment in a district, a board may not decrease an assessment in the district unless the board notifies and consults with the supervisor for the district before decreasing the assessment. If a board decreases an assessment between general reviews without first notifying and consulting with the supervisor the decrease is void.
Md. Code, Education § 3-5A-01 — MD Code / Article ged / Title 3 / Subtitle 5A / Section 3-5A-01
§3–5A–01.
Status: in_force

(a) The Dorchester County Board consists of:

(1) Five voting members, elected in accordance with subsection (b) of this section; and

(2) One nonvoting student member from each public high school in the county.

(b) (1) The elected members of the county board shall be elected at the general election.

(2) One member shall be elected from each of the five councilmanic districts only by the voters of that councilmanic district.

(c) (1) A member elected from a councilmanic district shall be a resident of the district.

(2) A member elected or appointed from a councilmanic district who no longer resides in the district may not continue as a member of the county board.

(d) (1) Each voting member serves for a term of 4 years beginning at noon on the first Monday in December after the member’s election and until a successor is elected and qualifies.

(2) A voting member may not serve for more than three consecutive terms.

(e) The terms of the voting members are staggered as follows:

(1) One member elected from each of the councilmanic districts 1, 3, and 5 at the 2004 general election, and every 4 years thereafter; and

(2) One member elected from each of the councilmanic districts 2 and 4 at the 2006 general election, and every 4 years thereafter.

(f) (1) The County Council 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.

(2) A resident of the district in which a vacancy exists may apply for appointment by the County Council to fill the vacancy.

(3) The County Council shall adopt rules governing the procedure through which an individual may apply to fill a vacancy on the county board.

(g) (1) Each student member shall:

(i) Be a twelfth grade student in the Dorchester County public school system elected by the high school students of the public school that the student attends, in accordance with procedures established by the school system;

(ii) Serve for 1 year beginning on July 1 after the election of the member;

(iii) Be a nonvoting member; and

(iv) Advise the board on the interests of students.

(2) Unless invited to attend by an affirmative vote of a majority of the county board, the student members may not attend an executive session.
Md. Code, Health Occupations § 3-301 — MD Code / Article gho / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

(a) The Board may license, as appropriate, an individual:

(1) To practice chiropractic; or

(2) To practice chiropractic with the right to practice physical therapy.

(b) Except as otherwise provided in this title, an individual shall be licensed by the Board before the individual may practice chiropractic in this State.

(c) A chiropractor who holds a license to practice chiropractic with the right to practice physical therapy may practice chiropractic and physical therapy in this State.

(d) This section does not apply to:

(1) A student of chiropractic engaged in a preceptorship while under the direct supervision of a Board–approved licensed chiropractor engaged in an educational program sponsored by a program accredited by the Council on Chiropractic Education, an equivalent entity recognized by the U.S. Department of Education or another entity that accredits programs offering instruction in chiropractic, or an equivalent foreign agency that accredits programs offering instruction in chiropractic; or

(2) An individual licensed to practice chiropractic in any other state or a foreign country while that individual makes a clinical demonstration before:

(i) A chiropractic association;

(ii) A chiropractic convention; or

(iii) A chiropractic program.
Md. Code, Family Law § 3-101 — MD Code / Article gfl / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

This title is remedial and shall be construed liberally to accomplish its purpose.
Md. Code, Commercial Law § 3-207 — MD Code / Article gcl / Title 3 / Subtitle 2 / Section 3-207
§3–207.
Status: reserved

Reacquisition of an instrument occurs if it is transferred to a former holder, by negotiation or otherwise. A former holder who reacquires the instrument may cancel indorsements made after the reacquirer first became a holder of the instrument. If the cancellation causes the instrument to be payable to the reacquirer or to bearer, the reacquirer may negotiate the instrument. An indorser whose indorsement is canceled is discharged, and the discharge is effective against any subsequent holder.
Md. Code, Correctional Services § 3-217 — MD Code / Article gcs / Title 3 / Subtitle 2 / Section 3-217
§3–217.
Status: in_force

(a) (1) The Governor may require the Commissioner to execute a surety bond in an amount that the Governor establishes or an insurance policy of the type and in the amount of coverage determined by the Governor in consultation with the State Treasurer.

(2) The Commissioner may require any officer or other employee of the Division to execute a surety bond in the amount that the Commissioner, with the approval of the State Treasurer, establishes.

(3) The bond shall be conditioned on the individual faithfully performing the duties of office and accounting for all funds officially received.

(b) (1) A surety bond for the Commissioner shall be issued by a corporate surety approved by the Governor.

(2) Any surety bond for an officer or other employee of the Division shall be issued by a corporate surety approved by the Commissioner and the State Treasurer.

(c) The premium for a surety bond or an insurance policy issued under this section shall be paid by the Division.

(d) An individual who fails to provide or maintain a surety bond or an insurance policy as required by this section:

(1) may not assume the duties of the individual’s position; and

(2) after 30 days, forfeits the individual’s office or employment.
Md. Code, Election Law § 3-502 — MD Code / Article gel / Title 3 / Subtitle 5 / Section 3-502
§3–502.
Status: in_force

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

(2) “Confirmation notice” means a notice, approved by the State Board, that is sent by forwardable mail with a return card.

(3) “Return card” means a postage prepaid and preaddressed card on which the voter may report the voter’s current address.

(b) Upon receiving any information that a voter currently registered in the State has moved to a different address within the State, the appropriate election official shall change the voter’s record and send the voter a confirmation notice.

(c) If it appears from information provided by the postal service or an agency specified in § 3-504(b) of this subtitle that a voter has moved to a different address outside the State, the election official in the county where the voter most recently resided in the State shall send the voter a confirmation notice informing the voter of his or her potential inactive status as described in § 3-503 of this subtitle.

(d) Upon receipt of a return card, the election director shall:

(1) make any needed corrections in the statewide voter registration list; and

(2) in accordance with State Board guidelines, retain original voter registration documents.

(e) The election director may not remove a voter from the statewide voter registration list on the grounds of a change of address unless:

(1) the voter confirms in writing that the voter has changed residence to a location outside the State; or

(2) (i) the voter has failed to respond to a confirmation notice under subsection (c) of this section; and

(ii) the voter has not voted or appeared to vote (and, if necessary, corrected the record of the voter’s address) in an election during the period beginning with the date of the notice through the next two general elections.
Md. Code, Criminal Law § 3-301 — MD Code / Article gcr / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

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

(b) “Mentally incapacitated individual” means an individual who, because of the influence of a drug, narcotic, or intoxicating substance, or because of an act committed on the individual without the individual’s consent or awareness, is rendered substantially incapable of:

(1) appraising the nature of the individual’s conduct; or

(2) resisting vaginal intercourse, a sexual act, or sexual contact.

(c) “Physically helpless individual” means an individual who:

(1) is unconscious; or

(2) (i) does not consent to vaginal intercourse, a sexual act, or sexual contact; and

(ii) is physically unable to resist, or communicate unwillingness to submit to, vaginal intercourse, a sexual act, or sexual contact.

(d) (1) “Sexual act” means any of the following acts, regardless of whether semen is emitted:

(i) analingus;

(ii) cunnilingus;

(iii) fellatio;

(iv) anal intercourse, including penetration, however slight, of the anus; or

(v) an act:

1. in which an object or part of an individual’s body penetrates, however slightly, into another individual’s genital opening or anus; and

2. that can reasonably be construed to be for sexual arousal or gratification, or for the abuse of either party.

(2) “Sexual act” does not include:

(i) vaginal intercourse; or

(ii) an act in which an object or part of an individual’s body penetrates an individual’s genital opening or anus for an accepted medical purpose.

(e) (1) “Sexual contact”, as used in §§ 3–307, 3–308, and 3–314 of this subtitle, means an intentional touching of the victim’s or actor’s genital, anal, or other intimate area for sexual arousal or gratification, or for the abuse of either party.

(2) “Sexual contact” does not include:

(i) a common expression of familial or friendly affection; or

(ii) an act for an accepted medical purpose.

(f) “Substantially cognitively impaired individual” means an individual who suffers from an intellectual disability or a mental disorder, either of which temporarily or permanently renders the individual substantially incapable of:

(1) appraising the nature of the individual’s conduct;

(2) resisting vaginal intercourse, a sexual act, or sexual contact; or

(3) communicating unwillingness to submit to vaginal intercourse, a sexual act, or sexual contact.

(g) (1) “Vaginal intercourse” means genital copulation, whether or not semen is emitted.

(2) “Vaginal intercourse” includes penetration, however slight, of the vagina.
Md. Code, Education § 3-104 — MD Code / Article ged / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: in_force

(a) Each county board is a body politic and corporate by the name of the Board of Education of ........... County.

(b) A county board:

(1) Has perpetual existence;

(2) May sue and be sued; and

(3) May have, use, alter, or abandon a common seal.
Md. Code, Criminal Law § 3-1201 — MD Code / Article gcr / Title 3 / Subtitle 12 / Section 3-1201
§3–1201.
Status: in_force

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

(b) “Coercion” includes actual or threatened:

(1) use of physical force against an individual;

(2) restraint, abduction, isolation, or confinement of an individual against the individual’s will and without lawful authority;

(3) control or direction of the activity of an individual through debt bondage;

(4) destruction, concealment, removal, confiscation, withholding, or possession of an actual or purported passport, immigration document, or governmental identification document of an individual;

(5) infliction of serious psychological harm to an individual;

(6) control of an individual’s access to a controlled dangerous substance;

(7) exposure or dissemination of any fact or information that would tend to subject an individual to criminal or immigration proceedings;

(8) notification to an agency or unit of the State or federal government that an individual is present in the United States in violation of federal immigration law; and

(9) exploitation of a vulnerable adult.

(c) “Controlled dangerous substance” has the meaning stated in § 5–101 of this article.

(d) “Debt bondage” means the status or condition of an individual who provides labor, services, or sex acts to pay a real or alleged debt, where:

(1) the value of the labor, services, or sex act is not applied toward the liquidation of the debt;

(2) the nature of the labor, services, or sex act is not limited or defined; or

(3) the amount of the debt does not reasonably reflect the value of items, services, or other things of value for which the debt was incurred.

(e) “Vulnerable adult” has the meaning stated in § 3–604 of this article.
Md. Code, Human Services § 3-403 — MD Code / Article ghu / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

(a) Subject to § 3–403.1 of this subtitle, the Secretary shall enter into a grant agreement with the Montgomery County government for the administration in Montgomery County of programs administered in other counties by local departments.

(b) The grant agreement shall:

(1) provide for payment to Montgomery County for the costs of administering State programs at State funding rates as provided in § 3-202 of this title:

(i) including salaries, overhead, general liability coverage, workers’ compensation, and employee benefits; but

(ii) excluding amounts attributable to county salaries or benefits that exceed comparable State salaries or benefits;

(2) require the State to pay for State accrued leave; and

(3) utilize the same budget categories as appropriations in the State budget for local departments in other counties.

(c) (1) Notwithstanding any other law, the proportion of State and federal funds paid in fiscal year 1997 to the Montgomery County government under this section relative to the funds provided by the Secretary to all local departments may not be less than the proportion of funds disbursed in fiscal year 1996 to the Montgomery County Department of Social Services.

(2) After fiscal year 1997, the amount of the grant to the Montgomery County government shall be proportionally adjusted each year to:

(i) reflect changes in case loads, the number of children in poverty, and any other relevant cost factors the parties agree to; and

(ii) ensure that the grant is equitable in relation to the funds provided to all local departments.
Md. Code, Courts and Judicial Proceedings § 3-1510 — MD Code / Article gcj / Title 3 / Subtitle 15 / Section 3-1510
§3–1510.
Status: in_force

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

(2) (i) “Court record” means an official record of a court about a proceeding that the clerk of a court or other court personnel keeps.

(ii) “Court record” includes:

1. An index, a docket entry, a petition, a memorandum, a transcription of proceedings, an electronic recording, an order, and a judgment; and

2. Any electronic information about a proceeding on the website maintained by the Maryland Judiciary.

(3) “Shield” means to remove information from public inspection in accordance with this section.

(4) “Shielding” means:

(i) With respect to a record kept in a courthouse, removing the record to a separate secure area to which persons who do not have a legitimate reason for access are denied access; and

(ii) With respect to electronic information about a proceeding on the website maintained by the Maryland Judiciary, completely removing all information concerning the proceeding from the public website, including the names of the parties, case numbers, and any reference to the proceeding or any reference to the removal of the proceeding from the public website.

(5) “Victim services provider” means a nonprofit or governmental organization that has been authorized by the Governor’s Office of Crime Prevention and Policy to have online access to records of shielded peace orders in order to assist victims of abuse.

(b) (1) Subject to subsection (c) of this section, if a petition filed under this subtitle was denied or dismissed at the interim, temporary, or final peace order stage of a proceeding under this subtitle, the petitioner, the petitioner’s employee, or the respondent may file a written request to shield all court records relating to the proceeding in accordance with subsection (d) of this section.

(2) Subject to subsection (c) of this section, if the respondent consented to the entry of a peace order under this subtitle, the petitioner, the petitioner’s employee, or the respondent may file a written request to shield all court records relating to the proceeding in accordance with subsection (e) of this section.

(c) A request for shielding under this section may not be filed within 3 years after the denial or dismissal of the petition or the consent to the entry of the peace order unless the requesting party files with the request a general waiver and release of all the party’s tort claims related to the proceeding under this subtitle.

(d) (1) If a petition was denied or dismissed at the interim, temporary, or final peace order stage of a proceeding under this subtitle, on the filing of a written request for shielding under this section, the court shall schedule a hearing on the request.

(2) The court shall give notice of the hearing to the other party or the other party’s counsel of record.

(3) Except as provided in paragraphs (4) and (5) of this subsection, after the hearing, the court shall order the shielding of all court records relating to the proceeding if the court finds:

(i) That the petition was denied or dismissed at the interim, temporary, or final peace order stage of the proceeding;

(ii) That a final peace order or protective order has not been previously issued against the respondent in a proceeding between the petitioner or the petitioner’s employee and the respondent;

(iii) That the respondent has not been found guilty of a crime arising from an act described in § 3–1503(a) of this subtitle against the petitioner or the petitioner’s employee; and

(iv) That none of the following are pending at the time of the hearing:

1. An interim or temporary peace order or protective order issued against the respondent in a proceeding between the petitioner or the petitioner’s employee and the respondent; or

2. A criminal charge against the respondent arising from an alleged act described in § 3–1503(a) of this subtitle against the petitioner or the petitioner’s employee.

(4) (i) On its own motion or on the objection of the other party, the court may, for good cause, deny the shielding.

(ii) In determining whether there is good cause under subparagraph (i) of this paragraph, the court shall balance the privacy of the petitioner, the petitioner’s employee, or the respondent and potential danger of adverse consequences to the petitioner, the petitioner’s employee, or the respondent against the potential risk of future harm and danger to the petitioner or the petitioner’s employee and the community.

(5) Information about the proceeding may not be removed from the Domestic Violence Central Repository.

(e) (1) (i) If the respondent consented to the entry of a peace order under this subtitle, the petitioner, the petitioner’s employee, or the respondent may file a written request for shielding at any time after the peace order expires.

(ii) On the filing of a request for shielding under this paragraph, the court shall schedule a hearing on the request.

(iii) The court shall give notice of the hearing to the other party or the other party’s counsel of record.

(iv) Except as provided in subparagraph (vi) of this paragraph and subject to subparagraph (v) of this paragraph, after the hearing, the court may order the shielding of all court records relating to the proceeding if the court finds:

1. For cases in which the respondent requests shielding, that the petitioner or the petitioner’s employee consents to the shielding;

2. That the respondent did not violate the peace order during its term;

3. That a final peace order or protective order has not been previously issued against the respondent in a proceeding between the petitioner or the petitioner’s employee and the respondent;

4. That the respondent has not been found guilty of a crime arising from an act described in § 3–1503(a) of this subtitle against the petitioner or the petitioner’s employee; and

5. That none of the following are pending at the time of the hearing:

A. An interim or temporary peace order or protective order issued against the respondent; or

B. A criminal charge against the respondent arising from an alleged act described in § 3–1503(a) of this subtitle.

(v) In determining whether court records should be shielded under this paragraph, the court shall balance the privacy of the petitioner, the petitioner’s employee, or the respondent and potential danger of adverse consequences to the petitioner, the petitioner’s employee, or the respondent against the potential risk of future harm and danger to the petitioner or the petitioner’s employee and the community.

(vi) Information about the proceeding may not be removed from the Domestic Violence Central Repository.

(2) (i) If the respondent consented to the entry of a peace order under this subtitle but the petitioner or the petitioner’s employee did not consent to shielding at the hearing under paragraph (1) of this subsection, the respondent may refile a written request for shielding after 1 year from the date of the hearing under paragraph (1) of this subsection.

(ii) On the filing of a request for shielding under this paragraph, the court shall schedule a hearing on the request.

(iii) The court shall give notice of the hearing to the other party or the other party’s counsel of record.

(iv) Except as provided in subparagraph (vi) of this paragraph and subject to subparagraph (v) of this paragraph, after the hearing, the court may order the shielding of all court records relating to the proceeding if the court finds:

1. A. That the petitioner or the petitioner’s employee consents to the shielding; or

B. That the petitioner or the petitioner’s employee does not consent to the shielding, but that it is unlikely that the respondent will commit an act specified in § 3–1503(a) of this subtitle against the petitioner or the petitioner’s employee in the future;

2. That the respondent did not violate the peace order during its term;

3. That a final peace order or protective order has not been previously issued against the respondent in a proceeding between the petitioner or the petitioner’s employee and the respondent;

4. That the respondent has not been found guilty of a crime arising from an act described in § 3–1503(a) of this subtitle against the petitioner or the petitioner’s employee; and

5. That none of the following are pending at the time of the hearing:

A. An interim or temporary peace order or protective order issued against the respondent; or

B. A criminal charge against the respondent arising from an alleged act described in § 3–1503(a) of this subtitle.

(v) In determining whether court records should be shielded under this paragraph, the court shall balance the privacy of the petitioner, the petitioner’s employee, or the respondent and potential danger of adverse consequences to the petitioner, the petitioner’s employee, or the respondent against the potential risk of future harm and danger to the petitioner or the petitioner’s employee and the community.

(vi) Information about the proceeding may not be removed from the Domestic Violence Central Repository.

(f) (1) This section does not preclude the following persons from accessing a shielded record for a legitimate reason:

(i) A law enforcement officer;

(ii) An attorney who represents or has represented the petitioner, the petitioner’s employee, or the respondent in a proceeding;

(iii) A State’s Attorney;

(iv) An employee of a local department of social services; or

(v) A victim services provider.

(2) (i) A person not listed in paragraph (1) of this subsection may subpoena, or file a motion for access to, a record shielded under this section.

(ii) If the court finds that the person has a legitimate reason for access, the court may grant the person access to the shielded record under the terms and conditions that the court determines.

(iii) In ruling on a motion under this paragraph, the court shall balance the person’s need for access to the record with the petitioner’s, the petitioner’s employee’s, or the respondent’s right to privacy and the potential harm of unwarranted adverse consequences to the petitioner, the petitioner’s employee, or the respondent that the disclosure may create.

(g) Within 60 days after entry of an order for shielding under this section, each custodian of court records that are subject to the order of shielding shall advise in writing the court and the respondent of compliance with the order.

(h) The Governor’s Office of Crime Prevention and Policy, in consultation with the Maryland Judiciary, may adopt regulations governing online access to shielded records by a victim services provider.
Md. Code, State Government § 3-308 — MD Code / Article gsg / Title 3 / Subtitle 3 / Section 3-308
§3–308.
Status: in_force

(a) (1) In this section, “international trade agreement” means a trade agreement between the federal government and a foreign country to which the State, at the request of the federal government, is a party.

(2) “International trade agreement” does not include a trade agreement between the State and a foreign country to which the federal government is not a party.

(b) Except as provided in subsection (c) of this section, State officials, including the Governor, may not:

(1) bind the State to the government procurement rules of an international trade agreement; or

(2) give consent to the federal government to bind the State to the government procurement rules of an international trade agreement.

(c) The Governor may bind the State or give consent to the federal government to bind the State to the government procurement rules of an international trade agreement only if the General Assembly enacts legislation that explicitly authorizes the Governor to bind the State or give consent to the federal government to bind the State to the government procurement rules of a specific international trade agreement.
Md. Code, Courts and Judicial Proceedings § 3-2405 — MD Code / Article gcj / Title 3 / Subtitle 24 / Section 3-2405
§3–2405.
Status: in_force

(a) The Office of Information Privacy may:

(1) Request that a person or governmental entity use a substitute address designated by the Office of Information Privacy as the Program participant’s address;

(2) Request the shielding of real property records on behalf of a Program participant who has an ownership interest in real property in accordance with Title 3, Subtitle 1, Part II of the Real Property Article; and

(3) Request that a Program participant’s actual address be shielded from public inspection in a record maintained by a governmental entity.

(b) A request made by the Office of Information Privacy under this subtitle certifies that a requester is a Program participant.

(c) On receipt of a request by the Office of Information Privacy, a person or governmental entity shall:

(1) Promptly acknowledge receipt of the request in writing by certified mail or by e–mail; and

(2) Take steps reasonably necessary to comply.

(d) Notwithstanding the provisions of subsection (a)(3) of this section, a custodian of record may:

(1) Maintain a copy of a record containing a Program participant’s actual address in a separate secure area to which persons who do not have a legitimate reason for access are denied access;

(2) Permit public inspection of a record with the consent of the Program participant;

(3) Permit public inspection of a record with the actual address redacted from the record; or

(4) After notification to the Program participant, permit public inspection of a record if the inspection will further a substantial public interest or a legitimate business need.
Md. Code, Insurance § 3-117 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-117
§3–117.
Status: in_force

(a) (1) Except as provided in subsection (d) of this section, an authorized insurer or its subsidiary may not make, directly or indirectly, a loan to a director or executive officer of the authorized insurer unless the loan:

(i) is a bona fide mortgage loan made on a principal residence of the director or executive officer; and

(ii) is approved or ratified by the board of directors of the authorized insurer.

(2) A director or executive officer may not accept, directly or indirectly, a loan prohibited by paragraph (1) of this subsection.

(b) An authorized insurer may not make an advance to a director or executive officer of the authorized insurer for future services to be performed more than 1 year after the date of making the advance.

(c) (1) An authorized insurer or its affiliate or subsidiary may not guarantee, directly or indirectly, the financial obligation of a director or executive officer of the authorized insurer, affiliate, or subsidiary.

(2) A guarantee made in violation of this subsection is void.

(3) This subsection does not prohibit an insurer from making or entering into an insurance contract or surety bond that is authorized by its articles of incorporation for a director or executive officer.

(d) This section does not prohibit a life insurer from making a policy loan to a director or executive officer of the life insurer on a policy or contract of the life insurer in an amount not exceeding the loan value of the policy or contract.
Md. Code, Education § 3-902 — MD Code / Article ged / Title 3 / Subtitle 9 / Section 3-902
§3–902.
Status: in_force

(a) An elected member of the county board is entitled to reimbursement for travel and other expenses as provided by the Montgomery County Council.

(b) (1) An elected member of the county board is entitled to receive:

(i) $25,000 annually as compensation; or

(ii) An annual salary set through legislation based on the recommendations of the Montgomery County Board of Education Compensation Commission in accordance with Title 28, Subtitle 1A of the Local Government Article.

(2) The president of the county board is entitled to receive:

(i) $29,000 annually as compensation; or

(ii) An annual salary set through legislation based on the recommendations of the Montgomery County Board of Education Compensation Commission in accordance with Title 28, Subtitle 1A of the Local Government Article.

(3) An elected member is entitled to health insurance and to other fringe benefits regularly provided to employees of the board of education under the same terms and conditions extended to other employees of the board of education.

(4) A salary increase for an elected member under this subsection shall take effect at the beginning of the term of office and may not increase during the term of office.

(c) (1) The student member:

(i) May be reimbursed for out–of–pocket expenses incurred in connection with official duties; and

(ii) Shall be granted compensation in accordance with paragraph (2) of this subsection.

(2) (i) Subject to subparagraph (ii) of this paragraph, the compensation amount of the student member is equal to the highest annual resident undergraduate tuition, mandatory fees, and room and board that is charged at a 4–year public institution of higher education within the University System of Maryland, other than the University of Maryland Global Campus and University of Maryland, Baltimore Campus, for the academic year in which the student member serves on the county board.

(ii) 1. Subject to subsubparagraph 2 of this subparagraph, the student member may elect to receive compensation granted under this subsection in monthly installments as a stipend during the student member’s term and receive any remaining amount as a scholarship after the end of the term.

2. The amount of compensation granted under this subsection in any year may not exceed the amount that an elected member of the county board is entitled to receive under subsection (b) of this section in that year.
Md. Code, Housing and Community Development § 3-207 — MD Code / Article ghs / Title 3 / Subtitle 2 / Section 3-207
§3–207.
Status: in_force

(a) The Department shall adopt regulations that are necessary to carry out the purpose of this subtitle.

(b) (1) Annually, on or before December 1, the Department shall make a written report to the Governor and, subject to § 2-1257 of the State Government Article, to the General Assembly on the financial status of the Fund and its operations for the preceding fiscal year.

(2) The report shall include the types and amount of:

(i) insurance reserves;

(ii) insurance issued;

(iii) premiums charged; and

(iv) claims made.
Md. Code, Education § 3-2B-03 — MD Code / Article ged / Title 3 / Subtitle 2B / Section 3-2B-03
§3–2B–03.
Status: in_force

(a) (1) There is a Baltimore County School Board Nominating Commission.

(2) The purpose of the Commission is to select nominees to be recommended to the Governor as qualified candidates for appointment to the Baltimore County Board of Education.

(3) (i) The Commission shall hold at least three public hearings, each in a different councilmanic district, on the selection of multiple nominees before recommending to the Governor nominees for appointment to the county board.

(ii) For a single vacancy on the county board, the Commission shall hold public meetings in the following manner on the selection of a nominee before recommending to the Governor the nominee for appointment to the county board:

1. For a vacancy in a councilmanic district, at least one public meeting in that councilmanic district; or

2. For a vacancy for a member appointed at large, at least one public meeting at the county board administrative offices.

(iii) The Commission shall make publicly available on its website:

1. Live video streaming of each public meeting; and

2. A complete and unedited archived video recording of each public meeting for which live streaming was made available under item 1 of this subparagraph.

(4) Before the Commission begins interviewing candidates for appointment to the county board, the Commission shall publish the names of all the candidates on the Commission’s website.

(5) (i) Except as provided in subparagraph (ii) of this paragraph, a meeting of the Commission shall be open to the public if it involves an action on a candidate for appointment to the county board.

(ii) 1. A meeting of the Commission that involves an interview of or a deliberation about a candidate for appointment to the county board shall be held without the public in attendance and the meeting shall be recorded.

2. The Commission shall provide a copy of a meeting recording for public inspection within 48 hours after receiving a request for the recording.

(b) (1) The Commission consists of 19 members who shall be appointed in accordance with this subsection.

(2) The Commission shall reflect the rich cultural, geographic, ethnic, and racial diversity of Baltimore County.

(3) The Governor, in consultation with the County Executive of Baltimore County, shall appoint eight members, one from each legislative district that lies in whole or in part in Baltimore County.

(4) The County Executive of Baltimore County shall appoint one member from the county at large.

(5) The following organizations each shall appoint one member:

(i) The Teachers Association of Baltimore County;

(ii) The Baltimore County Chamber of Commerce;

(iii) The PTA Council of Baltimore County, Inc.;

(iv) Towson University;

(v) The League of Women Voters of Baltimore County;

(vi) The Baltimore County Branch of the National Association for the Advancement of Colored People;

(vii) The Baltimore County Public Schools’ Special Education Citizens’ Advisory Committee;

(viii) The Baltimore County Student Councils;

(ix) The Council of Administrative and Supervisory Employees; and

(x) The Education Support Personnel of Baltimore County.

(c) (1) The County Executive of Baltimore County shall designate one of the Commission’s members as chair of the Commission.

(2) The term of the chair of the Commission is 4 years.

(3) The term of a member of the Commission is 4 years.

(d) The Baltimore County Public Schools shall provide staff for the Commission.

(e) Beginning October 1, 2018, for each nomination for a vacancy on the county board, the Commission shall submit to the Governor a list of nominees that contains:

(1) At least two names for each vacancy; or

(2) If there are fewer than two applicants for a vacancy, the number of names that is equal to the number of applicants for the vacancy.

(f) (1) Subject to paragraph (2) of this subsection, the Commission may retain and reactivate the application of a candidate for a vacancy on the county board for up to 2 years from the date the Commission submitted the list of nominees to the Governor for the vacancy for which the applicant was initially considered.

(2) (i) The Commission may reactivate the application of a candidate under paragraph (1) of this subsection only with the consent of the applicant.

(ii) To reactivate an application under this subsection, the Commission shall:

1. Within 14 days after the date of the new vacancy, send a notice to the applicant requesting consent to reactivate the applicant’s application; and

2. Within 14 days after the date the applicant received the notice under item 1 of this subparagraph, receive the consent of the applicant.

(g) (1) Absent an extraordinary circumstance, the Governor shall appoint a member to the county board from the list provided by the Commission.

(2) If the Governor elects not to appoint a member from a list submitted by the Commission, the Governor shall return the list to the Commission and request that the Commission submit the names of additional qualified candidates.
Md. Code, Housing and Community Development § 3-202 — MD Code / Article ghs / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

(a) (1) The General Assembly finds that:

(i) the flow of private investment capital into businesses and adequate housing can be stimulated by a system insuring qualified lending institutions against losses resulting from nonpayment of money owed under the terms of a note, bond, or other evidence of indebtedness; and

(ii) the insurance can help State and local activity to finance businesses, housing, and rehabilitation.

(2) The General Assembly also finds that adequate housing can and should be provided by private capital under our free enterprise system and in accordance with sound investment practices.

(3) The General Assembly finds as a subject of concern that:

(i) many residents of the State are living in substandard housing; and

(ii) there is a shortage of housing at reasonable costs for various income levels.

(b) The General Assembly finds that it is in the public interest to promote energy conservation projects and solar energy projects by providing insurance for:

(1) loans made by qualified lending institutions; and

(2) bonds or notes issued to finance the projects.

(c) The General Assembly finds that the sale of pooled mortgages or securities backed by mortgages to private or public investors, including public and private pension funds, is in the public interest and could increase the investment capital available to make mortgage loans to:

(1) acquire, construct, and rehabilitate housing; and

(2) acquire, operate, construct, and rehabilitate businesses.

(d) (1) In this subsection, “distressed area” has the meaning stated in § 4–201 of this article.

(2) The General Assembly finds that it is in the public interest to encourage the financing of, and otherwise to support, the planning, acquisition, development, construction, reconstruction, rehabilitation, repair, renovation, and other improvement of:

(i) public purpose projects in distressed areas in the State; and

(ii) infrastructure projects.

(e) The General Assembly finds that the flow of public and private capital to support the activities specified in this section will be encouraged and expanded by:

(1) insuring:

(i) loans made by qualified lending institutions;

(ii) bonds or notes issued by qualified issuers; and

(iii) obligations backed by mortgages; and

(2) providing other credit enhancements.
Md. Code, Education § 3-1303 — MD Code / Article ged / Title 3 / Subtitle 13 / Section 3-1303
§3–1303.
Status: in_force

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

(b) This section does not prohibit the county board from meeting and deliberating in executive session provided that all action is taken after a public meeting and the record of the meeting and all action is made public.
Md. Code, Courts and Judicial Proceedings § 3-302 — MD Code / Article gcj / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

A court of law including the District Court, within the limits of its jurisdiction, may issue an attachment at the commencement of the action or while it is pending against any property or credits, whether matured or unmatured, belonging to the debtor upon the application of the plaintiff in the action.
Md. Code, Correctional Services § 3-221 — MD Code / Article gcs / Title 3 / Subtitle 2 / Section 3-221
§3–221.
Status: in_force

(a) The Division may apply for and receive funds or property in the form of a grant or loan from the federal government or a unit of the federal government to establish or maintain correctional facilities in the Division on the terms that the Division approves.

(b) The Division may not apply for a grant or loan under this section if there is a requirement to apply any of the funds or property in contravention of any provision of State law relating to correctional facilities in the Division.

(c) The Division may not accept a loan under this section unless the Division has obtained any approval required by law.

(d) The repayment of a loan with interest, if any, shall be made from funds appropriated to the Division in the State budget.
Md. Code, Public Safety § 3-211 — MD Code / Article gps / Title 3 / Subtitle 2 / Section 3-211
§3–211.
Status: in_force

(a) If the certification of a police officer is in danger of lapsing or has lapsed because of the failure of the police officer to meet the standards of the Commission, the police officer may request a hearing before the Commission to present evidence that:

(1) the police officer’s law enforcement agency unreasonably failed to provide the police officer with the required training or assigned the police officer to special duty that prevented the police officer from completing the required training to achieve this certification; and

(2) this failure is through no fault of the police officer.

(b) (1) On request of the police officer for a hearing under this section, the Commission shall hold a hearing.

(2) For purposes of this subsection, the Commission shall follow the procedures required for a hearing board under the Law Enforcement Officers’ Bill of Rights and the police officer is entitled to all of the rights provided under the Law Enforcement Officers’ Bill of Rights.

(c) If the Commission concludes that the police officer’s law enforcement agency unreasonably failed to provide the police officer with the required training or assigned the police officer to special duty that prevented the police officer from completing the required training to achieve certification:

(1) the Commission shall stay the lapse of the certification until the police officer and the police officer’s law enforcement agency meet the training requirements of the Commission;

(2) the police officer shall be retained in the police officer’s law enforcement agency at full pay pending the completion of the training; and

(3) the Commission shall order the police officer’s law enforcement agency to pay all reasonable hearing costs and attorney’s fees incurred as a result of the action.
Md. Code, Education § 3-2A-04 — MD Code / Article ged / Title 3 / Subtitle 2A / Section 3-2A-04
§3–2A–04.
Status: in_force

The County Council of Anne Arundel County shall select a qualified individual to fill any vacancy in the office of an elected member of the county board for the remainder of the term and until a successor is elected and qualifies.
Md. Code, Estates and Trusts § 3-405 — MD Code / Article get / Title 3 / Subtitle 4 / Section 3-405
§3–405.
Status: in_force

(a) The right of election of a surviving spouse:

(1) Is personal to the surviving spouse;

(2) Is not transferable; and

(3) Cannot be exercised after the surviving spouse’s death.

(b) Subject to subsection (c) of this section, if the surviving spouse is a minor or incapacitated within the meaning of § 17–101(c) of this article, the election may be exercised by:

(1) An order of the court having jurisdiction of the person or property of the minor or incapacitated person;

(2) A guardian of the property of the surviving spouse who has been specifically authorized to make the election by order of the court having supervision of the guardianship; or

(3) An agent designated by the surviving spouse under a power of attorney that specifically authorizes the agent to make the election.

(c) (1) Before a guardian of the property of the surviving spouse or an agent designated by the surviving spouse under a power of attorney may exercise a right of election under subsection (b) of this section, the guardian of the property or the agent shall deliver notice of the election to:

(i) All interested persons in the decedent’s estate; and

(ii) All persons who would inherit from the surviving spouse under Subtitle 1 of this title if the surviving spouse died intestate and unmarried at the time the election is made.

(2) An exercise of a right of election under subsection (b) of this section is valid unless:

(i) Within 30 days following the delivery of notice of the election in accordance with paragraph (1) of this subsection, a person makes an objection to the election in the court in which the election was filed; and

(ii) Following a hearing on that objection, the court rules that the election is not in the best interests of the surviving spouse.
Md. Code, Courts and Judicial Proceedings § 3-217 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-217
§3–217.
Status: in_force

(a) The arbitrators may issue subpoenas for the attendance of witnesses and for the production of books, records, documents, and other evidence, and have the power to administer oaths.

(b) At the arbitration hearing a witness shall be sworn:

(1) At the request of a party; or

(2) At the request of a majority of the arbitrators.

(c) (1) A party or the arbitrators may file a petition with a court to enforce a subpoena.

(2) A subpoena shall be enforced in the manner provided by law or rule for the enforcement of subpoenas in a civil action.

(d) All provisions of law which compel a person under subpoena to testify apply to proceedings under this subtitle.
Md. Code, Public Safety § 3-517 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-517
§3–517.
Status: in_force

(a) In this section, “local law enforcement agency” means:

(1) a police department of a county or municipal corporation in the State; or

(2) a sheriff’s office that provides a law enforcement function in a county or municipal corporation in the State.

(b) Each local law enforcement agency shall adopt a community policing program in accordance with best practices developed by the Maryland Police Training and Standards Commission.

(c) Each local law enforcement agency shall:

(1) post a detailed description of the local law enforcement agency’s community policing program on the Internet in accordance with § 3–515 of this subtitle; and

(2) annually file a detailed description of the local law enforcement agency’s community policing program with the Maryland Police Training and Standards Commission, in accordance with § 3–207 of this title.
Md. Code, Natural Resources § 3-2A-01 — MD Code / Article gnr / Title 3 / Subtitle 2A / Section 3-2A-01
§3–2A–01.
Status: in_force

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

(b) “Department” means the Department of Natural Resources.

(c) “Grant Fund” means the Land Trust Grant Fund established under § 3-2A-02 of this subtitle.

(d) “Land trust” means a qualified conservation organization that:

(1) Is a qualified organization under § 170(h)(3) of the Internal Revenue Code and regulations adopted under § 170(h)(3); and

(2) Has executed a cooperative agreement with the Maryland Environmental Trust.

(e) “Trust” means the Maryland Environmental Trust.
Md. Code, Agriculture § 3-1003 — MD Code / Article gag / Title 3 / Subtitle 10 / Section 3-1003
§3–1003.
Status: in_force

(a) A medically important antimicrobial drug may not be administered in feed or water to cattle, swine, or poultry unless ordered by a licensed veterinarian through:

(1) A medically important antimicrobial drug prescription; or

(2) A veterinary feed directive.

(b) (1) On or after January 1, 2018, and subject to subsection (c) of this section, a medically important antimicrobial drug may be administered to cattle, swine, or poultry if, in the professional judgment of a licensed veterinarian, the medically important antimicrobial drug is necessary:

(i) To treat a disease or infection;

(ii) To control the spread of a disease or infection; or

(iii) For a surgery or medical procedure.

(2) (i) On or after January 1, 2018, a medically important antimicrobial drug may be administered to cattle, swine, or poultry if, in the professional judgment of a licensed veterinarian, the medically important antimicrobial drug is necessary for prophylaxis to address an elevated risk of contraction of a particular disease or infection.

(ii) Notwithstanding subsection (e) of this section, administration of a medically important antimicrobial drug for the purpose of prophylaxis may not exceed 21 days unless federal label directions require a longer period of use.

(c) Unless administration of a medically important antimicrobial drug is consistent with subsection (b)(1) of this section, a medically important antimicrobial drug may not be administered in a regular pattern to cattle, swine, or poultry.

(d) A medically important antimicrobial drug may not be administered to cattle, swine, or poultry solely for the purpose of:

(1) Promoting weight gain; or

(2) Improving feed efficiency.

(e) (1) Except as provided in paragraphs (2) and (3) of this subsection, a medically important antimicrobial drug may not be administered to cattle, swine, or poultry for a period longer than 21 days.

(2) A medically important antimicrobial drug may be administered to cattle, swine, or poultry for a period longer than 21 days if the federal label directions for the drug require a longer period of use.

(3) (i) A licensed veterinarian may extend administration of a medically important antimicrobial drug for not more than 21 days if, after conducting an on–site visit, the veterinarian determines that the extension is necessary to treat or control the spread of disease or infection.

(ii) A licensed veterinarian may grant additional extensions of not more than 21 days, provided that the veterinarian conducts an on–site visit before each extension.

(f) On or before January 1, 2021, the Department shall adopt regulations prohibiting the routine administration of a medically important antimicrobial drug to dairy cattle entering a dry cycle except when necessary based on an assessment of the presence of an intramammary infection.
Md. Code, Insurance § 3-326 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-326
§3–326.
Status: in_force

(a) A surplus lines broker may not:

(1) knowingly or negligently deliver a false binder or cover note; or

(2) fail to notify the insured promptly of any material change with respect to surplus lines insurance by delivery to the insured of a substitute binder or cover note as provided in § 3-321 of this subtitle.

(b) A violation of subsection (a) of this section is a violation of this article.

(c) A person that violates subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to the penalty provided by § 1-301 of this article or to any greater applicable penalty provided by law.
Md. Code, Commercial Law § 3-401 — MD Code / Article gcl / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: in_force

(a) A person is not liable on an instrument unless (i) the person signed the instrument, or (ii) the person is represented by an agent or representative who signed the instrument and the signature is binding on the represented person under § 3-402.

(b) A signature may be made (i) manually or by means of a device or machine, and (ii) by the use of any name, including a trade or assumed name, or by a word, mark, or symbol executed or adopted by a person with present intention to authenticate a writing.
Md. Code, Business Occupations and Professions § 3-309.1 — MD Code / Article gbo / Title 3 / Subtitle 3 / Section 3-309.1
§3–309.
Status: in_force

§3–309.1.

The Board shall adopt regulations to require a licensee to demonstrate continuing professional competency by completing at least 24 hours of professional development activities as a condition of renewal of a license under this subtitle.
Md. Code, State Finance and Procurement § 3-202 — MD Code / Article gsf / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

(a) The head of the Department is the Secretary of Budget and Management, who shall be appointed by the Governor with the advice and consent of the Senate.

(b) The Secretary must have experience in public finance, budgeting, management, and fiscal planning.

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

(d) (1) The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on those matters.

(2) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary.

(3) The Secretary is responsible for establishing policy to be followed by the units in the Department.

(e) The Secretary is entitled to the salary provided in the State budget.
Md. Code, Economic Development § 3-307 — MD Code / Article gec / Title 3 / Subtitle 3 / Section 3-307
§3–307.
Status: in_force

(a) The Office shall encourage and facilitate regional efforts to develop local and regional international trade programs and expertise, consistent with other State efforts, through:

(1) technical assistance; and

(2) matching grants to public or private regional entities.

(b) The Office shall encourage the location of new international industrial or commercial enterprises in the State, in cooperation with local governments and other entities.
Md. Code, Natural Resources § 3-2A-02 — MD Code / Article gnr / Title 3 / Subtitle 2A / Section 3-2A-02
§3–2A–02.
Status: in_force

(a) There is within the Department a Land Trust Grant Fund.

(b) (1) The Grant Fund shall be used as a nonlapsing revolving fund to make grants to land trusts in the State.

(2) The Grant Fund may be used only to encourage the preservation and protection of open space and natural areas in the State.

(3) When deemed appropriate by the Trust, grants from the Grant Fund to land trusts shall be reimbursable to the Grant Fund, subject to § 3–2A–08 of this subtitle.

(c) (1) The Maryland Environmental Trust shall administer the Grant Fund.

(2) In addition to their other powers and duties under this title, the trustees of the Trust may take any action necessary or proper to administer the Grant Fund.

(d) Funds shall be included in the Department’s annual budget for the costs of administering the Grant Fund.
Md. Code, Courts and Judicial Proceedings § 3-1304 — MD Code / Article gcj / Title 3 / Subtitle 13 / Section 3-1304
§3–1304.
Status: in_force

A responsible person who complies fully with an initial demand letter or a second demand letter on or before the date specified in that demand letter may not incur any further civil liability to the merchant for damages arising out of the act of shoplifting or employee theft that was the subject of the demand letter.
Md. Code, Public Safety § 3-507 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-507
§3–507.
Status: in_force

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

(2) “Death in the line of duty” means the death of a law enforcement officer occurring while the officer is acting in the officer’s official capacity while on duty or while the officer is off duty, but performing activities that are within the scope of the officer’s official duties.

(3) “Law enforcement agency” has the meaning stated in § 2–101 of this article.

(4) (i) “Law enforcement officer” has the meaning stated in § 1–101 of this article.

(ii) “Law enforcement officer” includes a private security officer performing duties as part of a contract with a law enforcement agency.

(5) “Officer–involved death” means the death of an individual resulting directly from an act or omission of a law enforcement officer while the officer is on duty or while the officer is off duty, but performing activities that are within the scope of the officer’s official duties.

(b) On or before March 1, 2016, and March 1 of each subsequent year, each local law enforcement agency shall provide the Governor’s Office of Crime Prevention and Policy with information, for the previous calendar year, about each officer–involved death and death in the line of duty that involved a law enforcement officer employed by the agency, to include at a minimum:

(1) the age, gender, ethnicity, and race of a deceased individual;

(2) the age, gender, ethnicity, and race of the officer involved;

(3) a brief description of the circumstances surrounding the death;

(4) the date, time, and location of the death; and

(5) the law enforcement agency of the officer who:

(i) died, if the incident involved an officer who died in the line of duty; or

(ii) detained, arrested, or was in the process of arresting the deceased, if the incident involved an officer–involved death.

(c) The Governor’s Office of Crime Prevention and Policy shall adopt procedures for the collection and analysis of the information described in subsection (b) of this section.

(d) The Governor’s Office of Crime Prevention and Policy shall analyze and disseminate the information provided under subsection (b) of this section.

(e) The Governor’s Office of Crime Prevention and Policy shall make an annual report on the incidence of officer–involved deaths and deaths in the line of duty in the State to the General Assembly, in accordance with § 2–1257 of the State Government Article, on or before June 30 of each year.
Md. Code, Correctional Services § 3-611 — MD Code / Article gcs / Title 3 / Subtitle 6 / Section 3-611
§3–611.
Status: in_force

§3–611. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 677 OF 2021 //

(a) The Commissioner shall adopt regulations to implement the Inmate Training and Job Pilot Program established under Title 24, Subtitle 13 of the Education Article.

(b) The regulations adopted under this section shall include terms of deduction for Pilot Program participation and, if appropriate, provisions governing the work release of Pilot Program participants.
Md. Code, Natural Resources § 3-602 — MD Code / Article gnr / Title 3 / Subtitle 6 / Section 3-602
§3–602.
Status: in_force

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

(b) “Adjacent coastal state” means any coastal state which:

(1) Would be connected directly by pipeline to a deepwater port, as proposed in an application;

(2) Would be located within 15 miles of any proposed deepwater port; or

(3) Is so designated by the federal Secretary in accordance with § 9(a)(2) of the federal act.

(c) “Application” means any application submitted under the federal act for:

(1) A license for the ownership, construction, and operation of a deepwater port;

(2) Transfer of any license; or

(3) Any substantial change in any of the conditions and provisions of any license.

(d) “Coastal environment” means the State’s navigable waters and the adjacent shorelines. The term includes transitional and intertidal areas, bays, lagoons, salt marshes, estuaries, and beaches and their fish, wildlife and other living resources, and the recreational and scenic values of the lands, waters and resources.

(e) “Deepwater port” means any fixed or floating manmade structure other than a vessel, or any group of structures, located beyond territorial waters of a state and off the coast of the United States and which are used or intended for use as a port or terminal for the loading or unloading and further handling of hydrocarbons and their products for transportation to any state, except as otherwise provided in § 23 of the federal act. A deepwater port is a “new source” for purposes of the federal Clean Air Act and the Federal Water Pollution Control Act.

(f) “Federal act” means the federal Deepwater Port Act of 1974.

(g) “Federal Secretary” means the Secretary of the United States Department of Transportation.

(h) “Hydrocarbon” means petroleum, crude oil, any substance refined from petroleum or crude oil and natural gas.

(i) “Marine environment” means the coastal environment, State waters of the contiguous zone, and State waters of the high seas; the fish, wildlife, and other living resources of the waters; and the recreational and scenic values of the waters and resources.
Md. Code, Courts and Judicial Proceedings § 3-203 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

(a) An initial petition shall be filed with the court in the county:

(1) As provided by the agreement; or

(2) Where the arbitration hearing was held.

(b) If the agreement does not provide for a county in which the petition shall be filed or if the hearing has not been held, the petition shall be filed with the court in:

(1) The county where the adverse party resides;

(2) The county where the adverse party has a place of business; or

(3) If the adverse party has neither a residence nor a place of business in the State, any county.

(c) A subsequent petition shall be filed with the court hearing the initial petition unless the court directs otherwise.
Md. Code, Courts and Judicial Proceedings § 3-1308 — MD Code / Article gcj / Title 3 / Subtitle 13 / Section 3-1308
§3–1308.
Status: in_force

The District Court has exclusive original civil jurisdiction in an action under this subtitle if the damages claimed do not exceed $10,000, exclusive of attorney’s fees.
Md. Code, Health Occupations § 3-206 — MD Code / Article gho / Title 3 / Subtitle 2 / Section 3-206
§3–206.
Status: reserved

(a) There is a State Board of Chiropractic Examiners Fund.

(b) (1) The Board may set reasonable fees for the issuance and renewal of licenses and its other services.

(2) The fees charged shall be set so as to produce funds to approximate the cost of maintaining the Board.

(3) Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.

(c) (1) The Board shall pay all funds collected under this title to the Comptroller of the State.

(2) The Comptroller shall distribute the fees to the State Board of Chiropractic Examiners Fund.

(d) (1) The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article.

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

(3) Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.

(4) No other State money may be used to support the Fund.

(e) (1) A designee of the Board shall administer the Fund.

(2) Money in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.

(f) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
Md. Code, Courts and Judicial Proceedings § 3-218 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-218
§3–218.
Status: in_force

On application of a party and for use as evidence, the arbitrators may permit a deposition to be taken in the manner and upon the terms designated by the arbitrators, if:

(1) The witness cannot be subpoenaed; or

(2) The witness is unable to attend a hearing.
Md. Code, Courts and Judicial Proceedings § 3-8A-02 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-02
§3–8A–02.
Status: in_force

(a) The purposes of this subtitle are:

(1) To ensure that the Juvenile Justice System balances the following objectives for children who have committed delinquent acts:

(i) Public safety and the protection of the community;

(ii) Accountability of the child to the victim and the community for offenses committed; and

(iii) Competency and character development to assist children in becoming responsible and productive members of society;

(2) To hold parents of children found to be delinquent responsible for the child’s behavior and accountable to the victim and the community;

(3) To hold parents of children found to be delinquent or in need of supervision responsible, where possible, for remedying the circumstances that required the court’s intervention;

(4) To provide for the care, protection, and wholesome mental and physical development of children coming within the provisions of this subtitle; and to provide for a program of treatment, training, and rehabilitation consistent with the child’s best interests and the protection of the public interest;

(5) To conserve and strengthen the child’s family ties and to separate a child from his parents only when necessary for his welfare or in the interest of public safety;

(6) If necessary to remove a child from his home, to secure for him custody, care, and discipline as nearly as possible equivalent to that which should have been given by his parents;

(7) To provide to children in State care and custody:

(i) A safe, humane, and caring environment; and

(ii) Access to required services; and

(8) To provide judicial procedures for carrying out the provisions of this subtitle.

(b) This subtitle shall be liberally construed to effectuate these purposes.
Md. Code, Public Safety § 3-509 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-509
§3–509.
Status: reserved

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

(2) (i) “Active data” means:

1. data uploaded to individual automatic license plate reader system units before operation; and

2. data gathered during the operation of an automatic license plate reader system.

(ii) “Active data” does not include historical data.

(3) “Automatic license plate reader system” means a system of one or more mobile or fixed high–speed cameras used in combination with computer algorithms to convert images of license plates into computer–readable data.

(4) (i) “Captured plate data” means the global positioning system coordinates, dates and times, photographs, license plate numbers, and any other data collected by or derived from an automatic license plate reader system.

(ii) “Captured plate data” includes active data and historical data.

(5) “Center” means the Maryland Coordination and Analysis Center.

(6) “Criminal justice information” means information relating to criminal justice collected, processed, or preserved by a law enforcement agency.

(7) “Historical data” means any data collected by an automatic license plate reader system and stored:

(i) in an automatic license plate reader database operated by or for the Maryland Coordination and Analysis Center or by or for a law enforcement agency; or

(ii) through cloud computing.

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

(9) “Legitimate law enforcement purpose” means the investigation, detection, or analysis of a crime or a violation of the Maryland vehicle laws or the operation of terrorist or missing or endangered person searches or alerts.

(b) (1) A law enforcement agency may not use captured plate data unless the agency has a legitimate law enforcement purpose.

(2) Automatic license plate historical data captured in accordance with this section:

(i) is the property of the law enforcement agency;

(ii) may not be sold for any purpose by a law enforcement agency or vendor contracted by a law enforcement agency, including the sale of subscriptions or licenses to access data;

(iii) may not be accessed by a vendor contracted by a law enforcement agency unless access is expressly requested and authorized by the law enforcement agency;

(iv) may not be uploaded for any reason by the law enforcement agency or a vendor contracted by the law enforcement agency that stores the data to any other law enforcement agency or entity, regardless of whether the agency or entity is located inside or outside the State; and

(v) may be uploaded to a database owned or operated by the Maryland Coordination and Analysis Center.

(3) An employee of a law enforcement agency or the vendor contracted by the law enforcement agency who violates this subsection is subject to imprisonment not exceeding 1 year or a fine not exceeding $10,000 or both.

(c) (1) The Department of State Police and any law enforcement agency using an automatic license plate reader system shall adopt procedures relating to the operation and use of the system.

(2) The procedures shall include:

(i) which personnel in the Center or a law enforcement agency are authorized to query captured plate data gathered by an automatic license plate reader system;

(ii) procedures to protect personally identifiable information and criminal justice information collected and stored in an automatic license plate reader database;

(iii) an audit process to ensure that information obtained through the use of an automatic license plate reader system is used only for legitimate law enforcement purposes, including audits of requests made by individual law enforcement agencies, an individual law enforcement officer, or a vendor contracted by a law enforcement agency;

(iv) procedures and safeguards to ensure that Center staff with access to the automatic license plate reader database are adequately screened and trained; and

(v) procedures to certify whether an automatic license plate reader system experienced a data breach and a requirement for any vendor operating a database for a law enforcement agency to report:

1. any breaches of the database;

2. the number of employees who have access to the database; and

3. any unauthorized releases of information.

(d) Information gathered by an automatic license plate reader system is not subject to disclosure under the Maryland Public Information Act.

(e) On or before March 1 of each year beginning in 2016, the Department of State Police, in conjunction with the Center and law enforcement agencies that maintain an automatic license plate reader database, shall report to the Senate Judicial Proceedings Committee, the House Judiciary Committee, and the Legislative Policy Committee, in accordance with § 2–1257 of the State Government Article, on the following information based on data from the previous calendar year:

(1) the total number of automatic license plate reader units being operated in the State by law enforcement agencies and the number of units submitting data to the Center;

(2) the number of automatic license plate reader readings made by a law enforcement agency that maintains an automatic license plate reader database and the number of readings submitted to the Center;

(3) the number of automatic license plate reader readings being retained on the automatic license plate reader database;

(4) the number of requests made to the Center and each law enforcement agency that maintains an automatic license plate reader database for automatic license plate reader data, including specific numbers for:

(i) the number of requests that resulted in a release of information;

(ii) the number of out–of–state requests;

(iii) the number of federal requests;

(iv) the number of out–of–state requests that resulted in a release of information; and

(v) the number of federal requests that resulted in a release of information;

(5) any data breaches or unauthorized uses of the automatic license plate reader database; and

(6) a list of audits that were completed by the Center or a law enforcement agency.