Md. Code, Correctional Services § 3-601 — MD Code / Article gcs / Title 3 / Subtitle 6 / Section 3-601
§3–601.
Status: in_force

(a) In this section, “risk and needs assessment” has the meaning stated in § 6–101 of this article.

(b) Promptly after an incarcerated individual is sentenced to the jurisdiction of the Division, the Division shall assemble an adequate case record for the incarcerated individual that includes:

(1) a description of the incarcerated individual;

(2) a photograph of the incarcerated individual;

(3) the family history of the incarcerated individual;

(4) the educational, vocational, and job history of the incarcerated individual;

(5) any previous record of the incarcerated individual;

(6) a summary of the facts of each case for which the incarcerated individual is serving a sentence; and

(7) as required under subsection (c) of this section, the results of:

(i) a risk and needs assessment of the incarcerated individual;

(ii) the physical and mental examination of the incarcerated individual; and

(iii) the educational, vocational, and job history interview of the incarcerated individual.

(c) The Division shall conduct, for each incarcerated individual, as soon as feasible after the individual is sentenced to the jurisdiction of the Division:

(1) a risk and needs assessment;

(2) a physical and mental examination; and

(3) an educational, vocational, and job history interview.

(d) (1) Based on the information assembled under subsection (b) of this section, the Division shall classify an incarcerated individual and develop a case plan to guide an incarcerated individual’s rehabilitation while under the custody of the Division.

(2) The case plan developed under this subsection shall include:

(i) programming and treatment recommendations based on the results of the risk and needs assessment conducted under subsection (c) of this section;

(ii) required conduct in accordance with the rules and policies of the Division; and

(iii) a plan for the payment of restitution, not to supersede any payment plan established by the court, if restitution has been ordered.

(e) In accordance with regulations adopted by the Division, the managing official of each correctional facility shall maintain, as a part of an incarcerated individual’s case record:

(1) an adequate record of the conduct, effort, and progress of the incarcerated individual during confinement; and

(2) a record of the character of any offense committed by the incarcerated individual and the nature and amount of punishment inflicted.

(f) To identify an incarcerated individual, the Division may photograph and fingerprint the incarcerated individual and record a description of the incarcerated individual’s personal background data.
Md. Code, Real Property § 3-105 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-105
§3–105.
Status: in_force

(a) A mortgage or deed of trust may be released validly by any procedure enumerated in this section or § 3–105.2 of this subtitle.

(b) (1) A release may be endorsed on the original mortgage or deed of trust by the mortgagee or an assignee of the mortgagee, the trustee or a successor of the trustee under a deed of trust, or by the holder of the debt or obligation secured by the deed of trust.

(2) The mortgage or the deed of trust, with the endorsed release, then shall be filed in the office in which the mortgage or deed of trust is recorded.

(3) The clerk shall record the release, with an attachment or rider affixed to it containing the names of the parties as they appear on the original mortgage or deed of trust, together with a reference to the book and page number where the mortgage or deed of trust is recorded.

(c) (1) (i) When the debt secured by a deed of trust is paid fully or satisfied, and any bond, note, or other evidence of the total indebtedness is marked “paid” or “canceled” by the holder or an agent of the holder, it may be received by the clerk and indexed and recorded as any other instrument in the nature of a release.

(ii) The marked note has the same effect as a release of the property for which it is the security, as if a release were executed by the named trustees, if there is attached to or endorsed on the note an affidavit of the holder, the party making satisfaction, or an agent of either of them, that it has been paid or satisfied, and specifically setting forth the land record reference where the original deed of trust is recorded.

(2) (i) When the debt secured by a mortgage is paid fully or satisfied, and the original mortgage is marked “paid” or “canceled” by the mortgagee or an agent of the mortgagee, it may be received by the clerk and indexed and recorded as any other instrument in the nature of a release.

(ii) The marked mortgage has the same effect as a release of the property for which it is the security, as if a release were executed by the mortgagee, if there is attached to or endorsed on the mortgage an affidavit of the mortgagee, the mortgagor, the party making satisfaction, or the agent of the mortgagee, the mortgagor, or the party making satisfaction, that it has been paid or satisfied, and specifically setting forth the land record reference where the mortgage is recorded.

(3) (i) When the debt secured by a mortgage or deed of trust is paid fully or satisfied, and the canceled check evidencing final payment or, if the canceled check is unavailable, a copy of the canceled check accompanied by a certificate from the institution on which the check was drawn stating that the copy is a true and genuine image of the original check is presented, it may be received by the clerk and indexed and recorded as any other instrument in the nature of a release.

(ii) The canceled check or copy accompanied by the certificate has the same effect as a release of the property for which the mortgage or deed of trust is the security, as if a release were executed by the mortgagee or named trustees, if:

1. The party making satisfaction of the mortgage or deed of trust has:

A. Allowed at least a 60–day waiting period, from the date the mortgage or deed of trust is paid fully or is satisfied, for the party satisfied to provide a release suitable for recording;

B. Sent the party satisfied a copy of this section and a notice that, unless a release is provided within 30 days, the party making satisfaction will obtain a release by utilizing the provisions of this paragraph; and

C. Following the mailing of the notice required under item 2 of this item, allowed an additional waiting period of at least 30 days for the party satisfied to provide a release suitable for recording;

2. The canceled check or copy accompanied by the certificate contains the name of the party whose debt is being satisfied, the debt account number, if any, and words indicating that the check is intended as payment in full of the debt being satisfied; and

3. There is attached to the canceled check or copy accompanied by the certificate an affidavit made by a member of the Maryland Bar that the mortgage or deed of trust has been satisfied, that the notice required under item 1 of this subparagraph has been sent, and specifically setting forth the land record reference where the original mortgage or deed of trust is recorded.

(4) (i) When the debt secured by a mortgage or deed of trust is fully paid or satisfied and the holder or the agent of the holder of the mortgage or deed of trust note or other obligation secured by the deed of trust, or the trustee or successor trustee under the deed of trust, executes and acknowledges a certificate of satisfaction substantially in the form specified under § 4–203(d) of this article, containing the name of the debtor, holder, the authorized agent of the holder, or the trustee or successor trustee under the deed of trust, the date, and the land record recording reference of the instrument to be released, it may be received by the clerk and indexed and recorded as any other instrument in the nature of a release.

(ii) The certificate of satisfaction shall have the same effect as a release executed by the holder of a mortgage or the named trustee under a deed of trust.

(5) (i) When the holder of a mortgage or deed of trust note or other obligation secured by the deed of trust has agreed to release certain property from the lien of the mortgage or deed of trust and the holder or the agent of the holder of the mortgage or deed of trust note or other obligation secured by the deed of trust, or the trustee or successor trustee under the deed of trust executes and acknowledges a certificate of partial satisfaction or partial release substantially in the form specified under § 4–203(e) of this article, containing the name of the debtor, holder, the authorized agent of the holder, or the trustee or successor trustee under the deed of trust, the date, the land record recording reference of the instrument to be partially released, and a description of the real property being released, it may be received by the clerk and indexed and recorded as any other instrument in the nature of a partial release.

(ii) The certificate of partial satisfaction or partial release shall have the same effect as a partial release executed by the holder of a mortgage, the holder of the debt secured by a deed of trust, or the named trustee under a deed of trust.

(d) A release of a mortgage or deed of trust may be made on a separate instrument if it states that the mortgagee, holder of the debt or obligation secured by the deed of trust, trustee, or assignee releases the mortgage or deed of trust and states the names of the parties to the mortgage or deed of trust and the date and recording reference of the mortgage or deed of trust to be released. In addition, any form of release that satisfies the requirements of a deed and is recorded as required by this article is sufficient.

(e) (1) A holder of a debt secured by a mortgage or deed of trust, or a successor of a holder, may release part of the collateral securing the mortgage or deed of trust by executing and acknowledging a partial release on an instrument separate from the mortgage or deed of trust.

(2) A partial release shall:

(i) Be executed and acknowledged;

(ii) Contain the names of the parties to the mortgage or deed of trust, the date, and the land record recording reference of the instrument subject to the partial release; and

(iii) Otherwise satisfy the requirements of a valid deed.

(3) The clerk of the court shall accept, index, and record, as a partial release, an instrument that complies with and is filed under this section.

(4) Unless otherwise stated in an instrument recorded among the land records, a trustee under a deed of trust may execute, acknowledge, and deliver partial releases.

(f) If a full or partial release of a mortgage or deed of trust is recorded, the clerk shall place a reference to the book and page number or other place where the release is recorded on the recorded mortgage or deed of trust.

(g) Unless otherwise expressly provided in the release, a full or partial release that is recorded for a mortgage or deed of trust that is re–recorded, amended, modified, or otherwise altered or affected by a supplemental instrument and which cites the released mortgage or deed of trust by reference to only the original recorded mortgage, deed of trust, or supplemental instrument to the original mortgage or deed of trust, shall be effective as a full or partial release of the original mortgage or deed of trust and all supplemental instruments to the original mortgage or deed of trust.

(h) Unless otherwise expressly provided in the release, a full or partial release that is recorded for a mortgage or deed of trust, or for any re–recording, amendment, modification, or supplemental instrument to the mortgage or deed of trust shall terminate or partially release any related financing statements, but only to the extent that the financing statements describe fixtures that are part of the collateral described in the full or partial release.
Md. Code, Estates and Trusts § 3-411 — MD Code / Article get / Title 3 / Subtitle 4 / Section 3-411
§3–411.
Status: in_force

(a) On the election of the surviving spouse to take an elective share under this subtitle, all property or other benefits that would have passed to the surviving spouse under the will, other than any portion of the spousal benefits, shall be treated as if the surviving spouse had died before the execution of the will.

(b) The surviving spouse and a person claiming through the surviving spouse may not receive property under the will, other than property forming any portion of the spousal benefits.
Md. Code, Environment § 3-105 — MD Code / Article gen / Title 3 / Subtitle 1 / Section 3-105
§3–105.
Status: in_force

(a) (1) Except as provided in this section, this title does not limit the power of a political subdivision to adopt noise control ordinances, rules, or regulations.

(2) A political subdivision may not adopt any noise control ordinance, rule, or regulation that is less stringent than the environmental noise standards, sound level limits, and noise control rules and regulations adopted under this title.

(3) (i) A political subdivision may not adopt any noise control ordinance, rule, or regulation, including the environmental noise standards, sound level limits, and noise control rules and regulations adopted under this title, that prohibits trapshooting, skeetshooting, or other target shooting between the hours of 9 a.m. and 10 p.m. by a shooting sports club that is chartered and in operation as of January 1, 2001.

(ii) This paragraph does not apply in Baltimore City or Allegany, Anne Arundel, Calvert, Charles, Garrett, Howard, Montgomery, St. Mary’s, and Washington counties.

(4) (i) Except as provided in subparagraph (ii) of this paragraph, Allegany County, Anne Arundel County, Garrett County, Washington County, or a political subdivision of Allegany County, Anne Arundel County, Garrett County, or Washington County may not adopt any noise control ordinance, rule, or regulation, including the environmental noise standards, sound level limits, and noise control rules and regulations adopted under this title, that prohibits trapshooting, skeetshooting, or other target shooting between the hours of 9 a.m. and 10 p.m. by a shooting sports club that is chartered and in operation as of January 1, 2005.

(ii) 1. Subject to the provisions of subsubparagraph 2 of this subparagraph, Allegany County, Anne Arundel County, Garrett County, Washington County, or a political subdivision of Allegany County, Anne Arundel County, Garrett County, or Washington County may adopt any noise control ordinance, rule, or regulation, including the environmental noise standards, sound level limits, and noise control rules and regulations adopted under this title, that prohibits trapshooting, skeetshooting, or other target shooting between the hours of 9 a.m. and 10 p.m. by a shooting sports club that the responsible political subdivision determines is not in compliance as of January 1, 2005 with environmental noise standards, sound level limits, or noise control rules or regulations adopted under this title.

2. A noise control ordinance, rule, or regulation adopted under subsubparagraph 1 of this subparagraph shall allow trapshooting, skeetshooting, and other target shooting between the hours of 9 a.m. and 10 p.m. by a shooting sports club that the responsible political subdivision determines has become compliant with environmental noise standards, sound level limits, and noise control rules and regulations adopted under this title.

(5) Carroll County or a political subdivision of Carroll County may not enforce any noise control ordinance, rule, or regulation, including the environmental noise standards, sound level limits, and noise control rules and regulations adopted under this title, against a public school in Carroll County that violates the ordinance, rule, or regulation between the hours of 8 a.m. and 9:30 p.m.

(b) Each political subdivision is encouraged to consider:

(1) Compliance with State or local noise standards before acting on any proposed variance requests or changes in zoning classifications; and

(2) Whether the permit or activity will be in compliance with local and State noise control standards, prior to the issuance of a building, activity permit, or similar authorizing document.
Md. Code, Criminal Law § 3-319 — MD Code / Article gcr / Title 3 / Subtitle 3 / Section 3-319
§3–319.
Status: in_force

(a) Evidence relating to a victim’s reputation for chastity or abstinence and opinion evidence relating to a victim’s chastity or abstinence may not be admitted in a prosecution for:

(1) a crime specified under this subtitle or a lesser included crime;

(2) the sexual abuse of a minor under § 3-602 of this title or a lesser included crime; or

(3) the sexual abuse of a vulnerable adult under § 3-604 of this title or a lesser included crime.

(b) Evidence of a specific instance of a victim’s prior sexual conduct may be admitted in a prosecution described in subsection (a) of this section only if the judge finds that:

(1) the evidence is relevant;

(2) the evidence is material to a fact in issue in the case;

(3) the inflammatory or prejudicial nature of the evidence does not outweigh its probative value; and

(4) the evidence:

(i) is of the victim’s past sexual conduct with the defendant;

(ii) is of a specific instance of sexual activity showing the source or origin of semen, pregnancy, disease, or trauma;

(iii) supports a claim that the victim has an ulterior motive to accuse the defendant of the crime; or

(iv) is offered for impeachment after the prosecutor has put the victim’s prior sexual conduct in issue.

(c) (1) Evidence described in subsection (a) or (b) of this section may not be referred to in a statement to a jury or introduced in a trial unless the court has first held a closed hearing and determined that the evidence is admissible.

(2) The court may reconsider a ruling excluding the evidence and hold an additional closed hearing if new information is discovered during the course of the trial that may make the evidence admissible.
Md. Code, Correctional Services § 3-806 — MD Code / Article gcs / Title 3 / Subtitle 8 / Section 3-806
§3–806.
Status: in_force

Sections 3–801 through 3–805 of this subtitle do not affect:

(1) an incarcerated individual’s eligibility for parole, as provided in Title 7 of this article; or

(2) diminution of an incarcerated individual’s term of confinement, as provided in Subtitle 7 of this title.
Md. Code, Correctional Services § 3-802 — MD Code / Article gcs / Title 3 / Subtitle 8 / Section 3-802
§3–802.
Status: in_force

(a) The Commissioner may grant weekend leave to an incarcerated individual if:

(1) the incarcerated individual has participated for at least 2 months in the work–release program established under § 3–801 of this subtitle; and

(2) the incarcerated individual’s direct Division supervisor in the work–release program recommends the incarcerated individual for weekend leave.

(b) The Commissioner shall:

(1) determine whether to grant authorization for weekend leave; and

(2) establish terms and conditions for weekend leave, which may include the incarcerated individual’s waiver of the right to contest extradition proceedings.

(c) Weekend leave may not begin before 6 p.m. Friday or end after 6 p.m. on the Sunday that immediately follows.
Md. Code, Insurance § 3-321 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-321
§3–321.
Status: in_force

(a) (1) On placing surplus lines coverage, a surplus lines broker promptly shall deliver to the insured:

(i) the policy issued by the insurer; or

(ii) if the policy is not available, a binder or cover note that shows:

1. the subject, coverage, conditions, and term of the insurance; and

2. the name and address of the insurer.

(2) If a direct risk is assumed by more than one insurer, the policy, binder, or cover note shall state:

(i) the name and address of each insurer; and

(ii) the proportion of the direct risk assumed by each insurer.

(b) Unless a copy of each binder or cover note has been filed with and approved by the Commissioner, the surplus lines broker, as soon as reasonably possible, shall get the policy from the insurer and deliver it to the insured to replace the binder or cover note previously delivered.

(c) A surplus lines broker promptly shall deliver to the insured an appropriate substitute for or endorsement of the original binder or cover note that accurately shows the current status of the coverage and the responsible insurer if, after issuance and delivery of the original binder or cover note, there is a change in:

(1) the identity of the insurer;

(2) the proportion of the direct risk assumed by an insurer; or

(3) any other material aspect of the insurance coverage.
Md. Code, Natural Resources § 3-921 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-921
§3–921.
Status: in_force

All purchases, including but not limited to contracts and orders for materials, services and supplies performed or furnished in connection with the construction of any project owned by the Authority, shall be awarded in accordance with rules and regulations adopted pursuant to the Administrative Procedure Act, which rules and regulations shall provide, with respect to contracts and orders involving the expenditure of more than $10,000 for award by resolution of the Authority after either competitive bidding or public design competition, and which rules and regulations need not be approved by any other board, agency or department of the State. The Authority’s rules and regulations providing for competitive bidding or public design competition may include competitive sealed bidding, competitive negotiation, and revised bids after competitive sealed bidding where all bids are rejected as methods for source selection and contract formation. The State Finance and Procurement Article does not apply to the Authority.
Md. Code, Education § 3-5A-05 — MD Code / Article ged / Title 3 / Subtitle 5A / Section 3-5A-05
§3–5A–05.
Status: in_force

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

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

(c) The county board may take actions in executive session in accordance with § 3–305 of the General Provisions Article.
Md. Code, Insurance § 3-123 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-123
§3–123.
Status: in_force

(a) (1) One or more mutual insurers organized under the laws of any state may consolidate or merge with one or more domestic mutual insurers to form a domestic mutual insurer.

(2) The successor mutual insurer may continue the corporate existence of one or more of the domestic parties to the consolidation or merger.

(b) (1) Mutual insurers consolidating or merging to form a domestic mutual insurer under this section shall enter into a written agreement that:

(i) prescribes the terms and conditions of the consolidation or merger;

(ii) states the name of the successor mutual insurer; and

(iii) includes the successor mutual insurer’s amended certificate of incorporation, which shall contain the provisions required by this article for the organization of a mutual insurer.

(2) The agreement shall be:

(i) approved by the vote of a majority of the board of directors of each mutual insurer; and

(ii) submitted to a meeting of members and approved by vote of at least two-thirds of those members of each mutual insurer who vote on the plan in person, by proxy, or by mail.

(3) Notice of the time, place, and purpose of the meeting shall be:

(i) mailed to the members of each mutual insurer not less than 20 days before the date of the meeting; or

(ii) published at least once a week for 3 successive weeks in:

1. a newspaper printed in the county where each mutual insurer has its principal office; and

2. a newspaper printed in one of the two largest cities in each state where the successor mutual insurer will be licensed to do business.

(4) The agreement shall be:

(i) executed in duplicate original under corporate seal by officers authorized to do so on behalf of each of the mutual insurers; and

(ii) submitted, with evidence of its approval, to the Commissioner.

(5) If it appears to the Commissioner that the requirements of this section have been complied with, the Commissioner shall certify approval of the agreement by endorsing it.

(6) A duplicate original of the agreement shall be filed with the Commissioner and a duplicate original of the agreement shall be delivered to the successor mutual insurer.

(c) One or more domestic mutual insurers may consolidate or merge under the laws of any state with one or more foreign mutual insurers to form a successor mutual insurer under the laws of one of the foreign states in which one of the mutual insurers has its domicile.

(d) (1) Each domestic mutual insurer consolidating or merging with a foreign mutual insurer shall follow the procedure required by subsection (b) of this section.

(2) Each foreign mutual insurer shall follow the procedure required by the state of its domicile with respect to a consolidation or merger.

(3) The Commissioner shall require a certificate of approval from the insurance supervisory official of the state of domicile of each foreign insurer that is a party to the agreement certifying that the foreign insurer has complied with the laws of that state on consolidation or merger.

(4) Parties to the agreement of consolidation or merger need not hold a certificate of authority in this State at the time of consolidation or merger if:

(i) an application for a certificate of authority has been filed on behalf of the successor insurer, signed by each party to the agreement; and

(ii) the Commissioner believes the successor insurer:

1. meets the applicable solvency requirements; and

2. has complied or agreed to comply with the laws of this State on the admission and authorization of foreign insurers.

(e) (1) An agreement of consolidation or merger is effective:

(i) on an effective date, if any, stated in the agreement, if the effective date is after the date of approval by the Commissioner; or

(ii) on the date on which the last certificate of approval is executed by the insurance supervisory official of the state of domicile of any of the parties to the agreement.

(2) Within 15 days after a consolidation or merger agreement becomes effective, a copy of the agreement shall be filed of record in a public office where articles of incorporation are required to be filed by the laws of the state of domicile of any party to the agreement.

(f) After a consolidation or merger, the following conditions apply:

(1) the successor mutual insurer may require the return of the original policies held by each policyholder in each of the mutual insurers consolidated or merged and may issue replacement policies as the policyholders may be entitled to receive;

(2) all rights and properties of the parties to the agreement shall accrue to and become the rights and properties of the successor mutual insurer, and the successor mutual insurer shall succeed to and assume all the obligations and liabilities of the consolidated or merged mutual insurers in the same manner as if incurred or contracted by the successor mutual insurer;

(3) the policyholders of the consolidated or merged mutual insurers shall continue to be subject to all the liabilities, claims, and demands existing against them at or before the consolidation or merger;

(4) an action or proceeding that is pending when the consolidation or merger occurs and to which any of the consolidated or merged mutual insurers is a party is not abated or discontinued because of the consolidation or merger, but the action or proceeding may be prosecuted to final judgment as if the successor mutual insurer were substituted for any insurer consolidated or merged by order of the court in which the action or proceeding is pending;

(5) if the successor mutual insurer is a foreign insurer that must comply with the laws of this State on deposits that are required of a foreign insurer, all deposits that were made in this State by any mutual insurer that is a party to the consolidation or merger agreement shall be delivered to the successor mutual insurer; and

(6) for the purpose of complying with the requirements of law relating to the age of an insurer, the successor mutual insurer is deemed to have the age of the eldest mutual insurer that is a party to the consolidation or merger.

(g) (1) When an agreement of consolidation or merger is filed, a certificate shall be filed with the Commissioner that sets forth all fees, commissions, or other compensation or valuable consideration paid or to be paid to any person for securing or promoting the consolidation or merger.

(2) The certificate shall be:

(i) signed by the president or a vice-president of each party to the agreement of consolidation or merger;

(ii) attested by the secretary or an assistant secretary of each party to the agreement; and

(iii) verified by affidavit.

(3) A director or officer of any insurer that is a party to a consolidation or merger may not receive, directly or indirectly, any fee, commission, or other compensation or valuable consideration for helping or promoting the consolidation or merger in any manner other than as stated in the agreement of consolidation or merger.

(h) (1) Before approval of an agreement of consolidation or merger, the Commissioner shall examine and review the affairs of the mutual insurers that are parties to the agreement as the Commissioner finds necessary or desirable.

(2) The Commissioner may hold a hearing on the agreement after giving the notice that the Commissioner considers appropriate.

(3) The Commissioner shall approve the agreement before it becomes operative if the Commissioner finds that:

(i) the agreement complies with the Code; and

(ii) the policyholders and members in the successor mutual insurer are protected through adequate reserves and assets for losses and claims then anticipated.

(4) The successor mutual insurer shall bear all expenses in connection with proceedings conducted by the Commissioner under this subsection.
Md. Code, Corporations and Associations § 3-517 — MD Code / Article gca / Title 3 / Subtitle 5 / Section 3-517
§3–517.
Status: in_force

(a) When the charter of a Maryland corporation has been forfeited, if assets are available for distribution to stockholders and the total number of outstanding shares of stock is known or determinable from the records of the corporation, the director-trustees or receiver may notify the stockholders to prove their interests within a specified time at least 60 days after the date of the notice. The notice shall be mailed to each stockholder at his address as it appears on the records of the corporation and published at least once a week for three successive weeks in a newspaper of general circulation published in the county in which the principal office of the corporation is located. The date of the notice is the later of the date of mailing or the date of first publication.

(b) After the expiration of the time specified in the notice, the director-trustees or receiver may distribute to each stockholder who has proved his interest his proportionate share of the assets, reserving the shares of those who have not proved their interests. Thereafter, the director-trustees or receiver may incur reasonable expenses in locating the remaining stockholders and securing proof of interests from them and may charge the expenses against the funds undistributed at the time the expenses are incurred. From time to time the director-trustees or receiver may distribute a proportionate share to any stockholder who has proved his interest since the prior distribution.

(c) No earlier than three years from the date of the original notice, the director-trustees or receiver may distribute all surplus assets remaining under his control to those stockholders who have proved their interests and are entitled to distribution. After final distribution, the interest of any stockholder who has not proved his interest is forever barred and foreclosed.

(d) (1) Any assets remaining unclaimed 60 days after the final distribution, whether through failure or inability of the postal authorities to deliver the distribution checks or for any other reason, is presumed abandoned and shall be reported to the abandoned property unit of the State Comptroller’s office in accordance with Title 17 of the Commercial Law Article, the Maryland Uniform Disposition of Abandoned Property Act.

(2) The director-trustees or receiver are released and discharged from all further liability in the matter on payment or delivery of all unclaimed assets to the abandoned property unit of the State Comptroller’s office.
Md. Code, Courts and Judicial Proceedings § 3-2201 — MD Code / Article gcj / Title 3 / Subtitle 22 / Section 3-2201
§3–2201.
Status: in_force

On motion by an individual who has filed an action for change of name under Maryland Rule 15–901, the court shall waive the publication requirement under the rule.
Md. Code, Courts and Judicial Proceedings § 3-2A-06 — MD Code / Article gcj / Title 3 / Subtitle 2A / Section 3-2A-06
§3–2A–06.
Status: in_force

(a) A party may reject an award or the assessment of costs under an award for any reason. A notice of rejection must be filed with the Director and the arbitration panel and served on the other parties or their counsel within 30 days after the award is served upon the rejecting party, or, if a timely application for modification or correction has been filed within 10 days after a disposition of the application by the panel, whichever is greater.

(b) (1) At or before the time specified in subsection (a) of this section for filing and serving a notice of rejection, the party rejecting the award shall file an action in court to nullify the award or the assessment of costs under the award and shall file a copy of the action with the Director. Failure to file this action timely in court shall constitute a withdrawal of the notice of rejection. Subject to the provisions of subsection (c) of this section, the procedures applicable to the action including the form and necessary allegations in the initial pleading shall be governed by the Maryland Rules. The Director need not be named a party to any action under this section.

(2) If any party to the proceeding elects to have the case tried by a jury in accordance with the Maryland Rules, it shall be tried by a jury. Otherwise, the case shall be tried by a judge.

(3) The trial date for each rejection of a panel determination shall have precedence over all cases except criminal matters and workers’ compensation appeals.

(4) The clerk of the court in which an action is filed under this subtitle shall forward a copy of the action to the State Board of Physicians.

(c) An allegation by any party that an award or the assessment of costs under an award is improper because of any ground stated in § 3-223(b) or § 3-224(b)(1), (2), (3), or (4) of this title or § 3-2A-05(h) of this subtitle shall be made by preliminary motion, and shall be determined by the court without a jury prior to trial. Failure to raise such a defense by pretrial preliminary motion shall constitute a waiver of it. If the court finds that a condition stated in § 3-223(b) of this title exists, or that the award or the assessment of costs under an award was not appropriately modified in accordance with § 3-2A-05(h) of this subtitle, it shall modify or correct the award or the assessment of costs under an award. If the rejecting party still desires to proceed with judicial review, the modified or corrected award shall be substituted for the original award. If the court finds that a condition stated in § 3-224(b)(1), (2), (3), or (4) of this title exists, it shall vacate the award, and trial of the case shall proceed as if there had been no award.

(d) Unless vacated by the court pursuant to subsection (c) of this section, the unmodified arbitration award is admissible as evidence in the judicial proceeding. The award shall be presumed to be correct, and the burden is on the party rejecting it to prove that it is not correct.

(e) (1) Depositions taken in the arbitration proceedings shall be as fully admissible as if noticed in court proceedings. Interrogatories and requests for admissions and production of documents in the arbitration proceedings remain binding in the court proceedings, subject to a duty of supplementation.

(2) The provisions of paragraph (1) of this subsection do not affect any rights to discovery on appeal.

(f) (1) Upon timely request, the trier of fact shall by special verdict or specific findings itemize by category and amount any damages assessed for incurred medical expenses, rehabilitation costs, and loss of earnings. Damages assessed for any future expenses, costs, and losses shall be itemized separately. If the verdict or findings include any amount for such expenses, costs, and losses, a party filing a motion for a new trial may object to the damages as excessive on the ground that the plaintiff has been or will be paid, reimbursed, or indemnified to the extent and subject to the limits stated in § 3-2A-05(h) of this subtitle.

(2) The court shall hold a hearing and receive evidence on the objection.

(3) (i) If the court finds from the evidence that the damages are excessive on the grounds stated in § 3-2A-05(h) of this subtitle, subject to the limits and conditions stated in § 3-2A-05(h) of this subtitle, it may grant a new trial as to such damages or may deny a new trial if the plaintiff agrees to a remittitur of the excess and the order required adequate security when warranted by the conditions stated in § 3-2A-05(h) of this subtitle.

(ii) In the event of a new trial granted under this subsection, evidence considered by the court in granting the remittitur shall be admissible if offered at the new trial and the jury shall be instructed to consider such evidence in reaching its verdict as to damages.

(iii) Upon a determination of those damages at the new trial, no further objection to damages may be made exclusive of any party’s right of appeal.

(4) Except as expressly provided by federal law, no person may recover from the plaintiff or assert a claim of subrogation against a defendant for any sum included in a remittitur or awarded in a new trial on damages granted under this subsection.

(5) Nothing in this subsection shall be construed to otherwise limit the common law grounds for remittitur.

(g) If the verdict of the trier of fact is not more favorable to the party that rejected the arbitration panel’s award, than was the award, the costs of the judicial proceedings shall be assessed against the rejecting party. Otherwise, the court may determine the assessment of such costs. If the court vacates an assessment of arbitration costs, it shall reassess those costs as justice requires.

(h) Venue shall be determined in accordance with the provisions of § 6-201 of this article.

(i) The clerk of the court shall file a copy of the verdict or any other final disposition with the Director.
Md. Code, Education § 3-3A-06 — MD Code / Article ged / Title 3 / Subtitle 3A / Section 3-3A-06
§3–3A–06.
Status: in_force

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

(b) (1) Each meeting of the county board shall be conducted in accordance with the provisions of the Maryland Open Meetings Act, Title 3 of the General Provisions Article.

(2) The county board may avail itself of any exclusion authorized under the Maryland Open Meetings Act.
Md. Code, Natural Resources § 3-926 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-926
§3–926.
Status: in_force

When the principal of and interest on bonds of the Authority issued to finance the cost of a particular project or projects for a subdivision or person, (including any refunding bonds issued to refund and refinance such bonds), have been fully paid and retired, or when adequate provision has been made to fully pay and retire the same, and all other conditions of the resolution or trust agreement authorizing and securing the same have been satisfied and the lien of such resolution or trust agreement has been released in accordance with the provisions thereof, the Authority, to the extent required by applicable agreements with any person or subdivision shall promptly do such things and execute such deeds, releases, and documents as are necessary and required:

(1) To convey title to such project or projects to such person or subdivision, free and clear of all liens and encumbrances, all to the extent that title to such project or projects shall not, at the time, then be vested in such person or subdivision; and

(2) To release securities held as collateral by a trustee or trustees pursuant to the trust agreement to such person or subdivision, which had, pursuant to the trust agreement, deposited and turned over such securities to a trustee or trustees in order to assure the full payment and retirement of said bonds, free and clear of all liens and encumbrances, all to the extent that title to such securities shall not, at the time, then be vested in such person or subdivision.
Md. Code, Economic Development § 3-104 — MD Code / Article gec / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: reserved

(a) (1) The Board consists of:

(i) one member appointed by the President of the Senate of Maryland;

(ii) one member appointed by the Speaker of the House of Delegates;

(iii) the Secretary or the designee of the Secretary; and

(iv) the following members appointed by the Secretary with the approval of the Governor:

1. one representative of an educational institution in the State;

2. two representatives of organized labor;

3. 10 representatives of manufacturing enterprises; and

4. one representative of business organizations.

(2) The members appointed under paragraph (1)(iv) of this subsection shall reflect the racial and gender diversity of the population of the State.

(3) The members appointed under paragraph (1)(iv)3 of this subsection should generally reflect representation from:

(i) varied geographic regions of the State;

(ii) varied sectors of manufacturing, balancing technology–related and traditional manufacturing industries; and

(iii) the mix of manufacturing enterprises in the State, including those that employ 500 or more employees and those that employ fewer than 500 employees.

(b) (1) The term of a member appointed under subsection (a)(1)(iv) of this section is 3 years and begins on July 1.

(2) The terms of the members appointed under subsection (a)(1)(iv) are staggered as required by the terms provided for the members of the Board on October 1, 2008.

(3) A member may be reappointed, but after serving two consecutive 3–year terms, a member may not be reappointed until at least 1 year after the end of the member’s previous tenure.

(4) (i) A vacancy shall be filled immediately for the remainder of the unexpired portion of a term.

(ii) At the end of a term, a member continues to serve until a successor has been appointed.

(5) (i) A member appointed by the President of the Senate or the Speaker of the House serves at the pleasure of the appointing officer.

(ii) A member appointed under subsection (a)(1)(iv) of this section may be removed at any time by the Secretary, with or without cause.
Md. Code, Public Safety § 3-101 — MD Code / Article gps / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

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

(b) “Administratively charged” means that a police officer has been formally accused of misconduct in an administrative proceeding.

(c) “Disciplinary matrix” means a written, consistent, progressive, and transparent tool or rubric that provides ranges of disciplinary actions for different types of misconduct.

(d) “Exonerated” means that a police officer acted in accordance with the law and agency policy.

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

(f) “Not administratively charged” means that a determination has been made not to administratively charge a police officer in connection with alleged misconduct.

(g) “Police misconduct” means a pattern, a practice, or conduct by a police officer or law enforcement agency that includes:

(1) depriving persons of rights protected by the constitution or laws of the State or the United States;

(2) a violation of a criminal statute; and

(3) a violation of law enforcement agency standards and policies.

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

(i) “Serious physical injury” has the meaning stated in § 3–201 of the Criminal Law Article.

(j) “Superior governmental authority” means the governing body that oversees a law enforcement agency.

(k) “Unfounded” means that the allegations against a police officer are not supported by fact.
Md. Code, Natural Resources § 3-914 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-914
§3–914.
Status: in_force

Bonds are hereby made securities in which all public officers and public bodies of the State of Maryland and its political subdivisions and all banks, trust companies, savings and loan associations, investment companies and others carrying on a banking business, all insurance companies and insurance associations and others carrying on an insurance business, all personal representatives, executors, administrators, guardians, trustees and other fiduciaries, and all other persons may legally and properly invest funds, including capital in their control or belonging to them. Such bonds are hereby made securities which may properly and legally be deposited with and received by a State or municipal officer or any agency or political subdivision of the State for any purpose for which the deposit of bonds or other obligations of the State is now or may hereafter be authorized by law.
Md. Code, Health Occupations § 3-506 — MD Code / Article gho / Title 3 / Subtitle 5 / Section 3-506
§3–506.
Status: in_force

(a) A person who practices or attempts to practice chiropractic without a license in violation of § 3–501 of this subtitle or represents to the public in violation of § 3–502 of this subtitle that the person is authorized to practice chiropractic is guilty of a misdemeanor and on conviction is subject to:

(1) For a first offense, a fine not exceeding $2,000 or imprisonment not exceeding 6 months; or

(2) For a subsequent offense, a fine not exceeding $6,000 or imprisonment not exceeding 1 year.

(b) A person who is convicted under the provisions of this section shall reimburse the Board for the direct costs of the Board, including court reporting services and expert witness fees, incurred as a result of a prosecution under this section.
Md. Code, Labor and Employment § 3-1203 — MD Code / Article gle / Title 3 / Subtitle 12 / Section 3-1203
§3–1203.
Status: in_force

(a) Except as provided in subsection (b) of this section, an employer may require an eligible employee to give the employer written notice of the employee’s intention to take parental leave at least 30 days before commencing parental leave.

(b) An eligible employee may begin taking parental leave without prior notice following a premature birth, unexpected adoption, or unexpected foster placement.
Md. Code, Correctional Services § 3-705 — MD Code / Article gcs / Title 3 / Subtitle 7 / Section 3-705
§3–705.
Status: in_force

(a) (1) In addition to any other deductions allowed under this subtitle, an incarcerated individual may be allowed a deduction of 5 days from the incarcerated individual’s term of confinement for each calendar month during which the incarcerated individual manifests satisfactory performance of assigned work tasks.

(2) The deduction described in paragraph (1) of this subsection shall be calculated:

(i) from the first day that the work task is performed; and

(ii) on a prorated basis for any portion of a calendar month during which the incarcerated individual performed the work task.

(b) The Commissioner shall adopt regulations governing the determination of deductions authorized under this section.
Md. Code, Criminal Procedure § 3-108 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-108
§3–108.
Status: in_force

(a) (1) In addition to any other report required under this title, the Health Department shall report to the court that has ordered commitment of a defendant under § 3–106 of this title:

(i) every 6 months from the date of commitment of the defendant; and

(ii) whenever the Health Department determines that:

1. the defendant no longer is incompetent to stand trial;

2. the defendant no longer is, because of a mental disorder or an intellectual disability, a danger to self or the person or property of others; or

3. there is not a substantial likelihood that the defendant will become competent to stand trial in the foreseeable future.

(2) The Department shall include a supplemental report that provides a plan for services to facilitate the defendant remaining competent to stand trial or not dangerous, as a result of a mental disorder or an intellectual disability, to self or the person or property of others, if:

(i) a report required under this title states an opinion that the defendant is competent to stand trial or is not dangerous, as a result of a mental disorder or an intellectual disability, to self or the person or property of others; and

(ii) services are necessary to maintain the defendant safely in the community, to maintain competency, or to restore competency.

(3) If appropriate, the plan required in the report under paragraph (2) of this subsection shall include recommended:

(i) mental health treatment, including providers of care;

(ii) vocational, rehabilitative, or support services;

(iii) housing;

(iv) case management services;

(v) alcohol or substance abuse treatment; and

(vi) other clinical services.

(4) If the report required under paragraph (2) of this subsection recommends community placement for the defendant, the report shall include:

(i) the location of the recommended community placement;

(ii) the names and addresses of the recommended service providers;

(iii) a statement indicating if the service provider is willing and able to serve the defendant; and

(iv) if available, the date of placement or service for the defendant.

(5) If the plan required in the report under paragraph (2) of this subsection is for a defendant committed to a State residential center, the report shall state whether:

(i) the defendant meets the requirements for commitment under § 3–106(e) of this title;

(ii) the services required for the defendant may be provided in a less restrictive setting; and

(iii) the defendant is eligible for services pursuant to § 7–404 of the Health – General Article.

(6) If the report required under paragraph (2) of this subsection states an opinion that there is not a substantial likelihood that the defendant will become competent in the foreseeable future, the report shall contain an opinion regarding whether the defendant meets the criteria for commitment under § 3–106(e) of this title.

(7) A statement made by the defendant in the course of any examination for a report under this section is not admissible as evidence in any criminal proceeding for the purpose of proving the commission of a criminal offense or to enhance the sentence of the defendant.

(8) A report prepared under this section is not admissible in a criminal proceeding for the purpose of proving the commission of a criminal offense or to enhance the sentence of the defendant.

(b) The clerk of court shall give the State’s Attorney and the last counsel of record for the defendant a copy of any report received under this section.

(c) The facility of the Health Department that has charge of a person committed as incompetent to stand trial shall notify the Criminal Justice Information System Central Repository if the person escapes.
Md. Code, Courts and Judicial Proceedings § 3-1306.1 — MD Code / Article gcj / Title 3 / Subtitle 13 / Section 3-1306.1
§3–1306.
Status: in_force

§3–1306.1.

(a) In recovering or attempting to recover damages arising from an alleged act of shoplifting or employee theft under this subtitle, a person may not:

(1) Use or threaten force or violence;

(2) Communicate with a responsible person in a manner that reasonably can be expected to abuse or harass the responsible person, including communicating with excessive frequency or at unusual hours;

(3) Use obscene or grossly abusive language in communicating with the responsible person;

(4) Claim, attempt, or threaten to enforce a right with knowledge that the right does not exist; or

(5) Use a communication that simulates legal or judicial process or gives the appearance of being authorized, issued, or approved by a government, governmental agency, or lawyer when it is not.

(b) A person who violates this section is liable for any:

(1) Actual damages proximately caused by the violation; and

(2) Reasonable court costs and attorney’s fees.
Md. Code, Public Safety § 3-207 — MD Code / Article gps / Title 3 / Subtitle 2 / Section 3-207
§3–207.
Status: in_force

(a) The Commission has the following powers and duties:

(1) to establish standards for the approval and continuation of approval of schools that conduct police entrance–level and in–service training courses required by the Commission, including State, regional, county, and municipal training schools;

(2) to approve and issue certificates of approval to police training schools;

(3) to inspect police training schools;

(4) to revoke, for cause, the approval or certificate of approval issued to a police training school;

(5) to establish the following for police training schools:

(i) curriculum;

(ii) minimum courses of study;

(iii) attendance requirements;

(iv) eligibility requirements;

(v) equipment and facilities;

(vi) standards of operation; and

(vii) minimum qualifications for instructors;

(6) to require, for entrance–level police training and at least every 3 years for in–service level police training conducted by the State and each county and municipal police training school, that the curriculum and minimum courses of study include special training in, attention to, and study of the application and enforcement of:

(i) the criminal laws concerning rape and sexual offenses, including the sexual abuse and exploitation of children and related evidentiary procedures;

(ii) the criminal laws concerning human trafficking, including services and support available to victims and the rights and appropriate treatment of victims;

(iii) the criminal laws concerning hate crimes, including the recognition of, response to, and reporting of incidents required to be reported under § 2–307 of this article;

(iv) the criminal laws concerning stalking as they pertain to electronic surveillance or tracking, including services available to victims, related prevention methods for victims, and how victims may request additional assistance to identify and preserve digital evidence;

(v) the contact with and treatment of victims of crimes and delinquent acts;

(vi) the notices, services, support, and rights available to victims and victims’ representatives under State law; and

(vii) the notification of victims of identity fraud and related crimes of their rights under federal law;

(7) to certify and issue appropriate certificates to qualified instructors for police training schools authorized by the Commission to offer police training programs;

(8) to verify that police officers have satisfactorily completed training programs and issue diplomas to those police officers;

(9) to conduct and operate police training schools authorized by the Commission to offer police training programs;

(10) to make a continuous study of entrance–level and in–service training methods and procedures;

(11) to consult with and accept the cooperation of any recognized federal, State, or municipal law enforcement agency or educational institution;

(12) to consult and cooperate with universities, colleges, and institutions in the State to develop specialized courses of study for police officers in police science and police administration;

(13) to consult and cooperate with other agencies and units of the State concerned with police training;

(14) to develop, with the cooperation of the Office of the Chief Medical Examiner and the Federal Bureau of Investigation, a uniform missing person report form to be available for use by each law enforcement agency of the State on or before October 1, 2008;

(15) to require, for entrance–level police training and annually for in–service level police training conducted by the State and each county and municipal police training school, that the curriculum and minimum courses of study include, for police officers who are issued an electronic control device by a law enforcement agency, special training in the proper use of electronic control devices, as defined in § 4–109 of the Criminal Law Article, consistent with established law enforcement standards and federal and State constitutional provisions;

(16) to require, for entrance–level police training and, as determined by the Commission, for in–service level training conducted by the State and each county and municipal police training school, that the curriculum and minimum courses of study include, consistent with established law enforcement standards and federal and State constitutional provisions:

(i) training in lifesaving techniques, including Cardiopulmonary Resuscitation (CPR);

(ii) training in the proper level and use of force as set forth in the Maryland Use of Force Statute under § 3–524 of this title;

(iii) training regarding sensitivity to cultural and gender diversity; and

(iv) training regarding individuals with physical, intellectual, developmental, and psychiatric disabilities;

(17) to require, for entrance–level police training and at least every 2 years for in–service level police training conducted by the State and each county and municipal police training school, that the curriculum and minimum courses of study include special training in, attention to, and study of the application of antidiscrimination and use of force de–escalation training;

(18) to develop, with the cooperation of the Office of the Attorney General, the Governor’s Office of Crime Prevention and Policy, and the Federal Trade Commission, a uniform identity fraud reporting form that:

(i) makes transmitted data available on or before October 1, 2011, for use by each law enforcement agency of State and local government; and

(ii) may authorize the data to be transmitted to the Consumer Sentinel program in the Federal Trade Commission;

(19) to adopt and recommend a set of best practices and standards for use of force;

(20) to evaluate and modernize recruitment standards and practices of law enforcement agencies to increase diversity within those law enforcement agencies and develop strategies for recruiting women and African American, Hispanic or Latino, and other minority candidates;

(21) to develop standards for the mandatory psychological consultation with a law enforcement officer who was actively involved in an incident when another person was seriously injured or killed as a result of an accident or a shooting or has returned from combat deployment;

(22) to require:

(i) a statement condemning motorcycle profiling to be included in existing written policies regarding other profiling; and

(ii) for entrance–level police training and for in–service level training conducted by the State and each county and municipal police training school, that the curriculum and minimum courses of study include, consistent with established law enforcement standards and federal and State constitutional provisions, training related to motorcycle profiling in conjunction with existing training regarding other profiling;

(23) to perform any other act, including adopting regulations, that is necessary or appropriate to carry out the powers and duties of the Commission under this subtitle; and

(24) to consult and cooperate with commanders of SWAT teams to develop standards for training and deployment of SWAT teams and of law enforcement officers who are not members of a SWAT team who conduct no–knock warrant service in the State based on best practices in the State and nationwide.

(b) (1) The Commission shall develop a system by which law enforcement agencies report to the Commission each serious officer–involved incident each year, including for each incident:

(i) the number of officers involved by race, ethnicity, and sex;

(ii) the number of officers disciplined by race, ethnicity, and sex; and

(iii) the type of discipline administered to each officer, by the officer’s race, ethnicity, and sex.

(2) The Commission shall annually summarize the information submitted by law enforcement agencies and:

(i) post the summary, excluding the names of officers and other involved parties, on a website maintained by the Commission; and

(ii) submit the summary to the General Assembly, as provided in § 2–1257 of the State Government Article.

(c) In consultation with the Maryland Department of Health, the Commission shall establish a confidential hotline that is available for police officers and other law enforcement personnel to contact and speak with a trained peer law enforcement officer or a mental health professional who may provide initial counseling advice and confidential referral to appropriate services.

(d) The Commission shall:

(1) establish a Police Complaint Mediation Program to which a law enforcement agency may refer a nonviolent complaint made against a police officer out of the standard complaint process;

(2) refer a complaint referred to the Program to voluntary mediation conducted by an independent mediation service; and

(3) adopt regulations to implement the Program, including criteria concerning eligibility for referral of complaints.

(e) (1) The Commission shall develop best practices for the establishment and implementation of a community policing program in each jurisdiction.

(2) The Commission shall develop a system by which each local law enforcement agency annually files a detailed description of the law enforcement agency’s community policing program.

(3) The Commission shall annually:

(i) review each community policing program filed in accordance with § 3–517 of this title; and

(ii) provide each agency with any comments that the Commission has to improve the agency’s community policing program.

(f) (1) The Commission shall develop a uniform citizen complaint process to be followed by each law enforcement agency.

(2) The uniform complaint process shall:

(i) be simple;

(ii) require that a complainant be informed of the final disposition of the complainant’s complaint and any discipline imposed as a result; and

(iii) be posted on the websites of the Commission and each law enforcement agency.

(g) The Commission shall develop and administer:

(1) a training program on matters relating to police procedures for individuals who intend to qualify to participate as a member of a trial board or administrative charging committee under Subtitle 1 of this title; and

(2) a training program on matters relating to police training and standards for citizens who are appointed to serve as members of the Commission.

(h) The Commission shall distribute the victim’s representation notification form developed by the Governor’s Office of Crime Prevention and Policy under § 12–206.1(e) of the Transportation Article to each law enforcement agency in the State.

(i) The Commission, in consultation with the Maryland State’s Attorneys’ Association, shall develop and maintain a uniform, statewide training and certification curriculum to ensure use of best practices in investigating compliance with court orders to surrender regulated firearms, rifles, and shotguns under § 6–234 of the Criminal Procedure Article.

(j) The Commission, in consultation with the Anne Arundel County Police Academy, shall develop and maintain a uniform statewide training and certification curriculum that includes role–playing exercises to ensure the use of best practices in the issuance of citations in lieu of arrest.

(k) The Commission shall:

(1) hold law enforcement agencies accountable for violations of the Use of Force Statute under § 3–524 of this title; and

(2) work with the Comptroller and the Governor’s Office of Crime Prevention and Policy to ensure that State grant funding is withheld from a law enforcement agency that violates the Use of Force Statute under § 3–524 of this title.

(l) The Commission shall:

(1) develop a test and training for implicit bias, subject to the availability of implicit bias testing standards that are generally accepted by experts in the field of police psychology;

(2) require all law enforcement agencies to use the implicit bias test in the hiring process;

(3) require all new police officers to complete implicit bias testing and training; and

(4) require all incumbent police officers to undergo implicit bias testing and training on an annual basis.

(m) (1) The Commission shall develop a uniform citizen positive community feedback process to be followed by each law enforcement agency.

(2) The uniform citizen positive community feedback process shall:

(i) be simple; and

(ii) be posted on the website of the Commission and each law enforcement agency.

(n) (1) In this subsection, “correctional facility” means a State correctional facility and a local correctional facility, as defined in § 1–101 of the Correctional Services Article.

(2) The Commission shall develop mental health wellness policies to be implemented in law enforcement agencies and correctional facilities in the State by:

(i) determining ways to promote safety and wellness at every level of a law enforcement agency and a correctional facility;

(ii) incorporating into trainings stress management techniques designed by law enforcement officers and correctional officers;

(iii) establishing confidential peer support programs;

(iv) offering psychological programming to help officers manage stress; and

(v) utilizing measuring tools to track effectiveness.

(3) On or before January 1, 2025, and each January 1 thereafter, the Commission shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the status of the development and implementation of the policies described under paragraph (2) of this subsection and the effects of the policies.

(o) The Commission shall:

(1) annually review the report published by the Independent Investigations Division of the Office of the Attorney General under § 6–602 of the State Government Article; and

(2) make any recommendations that the Commission determines are appropriate based on its review.
Md. Code, Labor and Employment § 3-205 — MD Code / Article gle / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

Unless an employer possesses a work or special permit for a minor, the minor may not work for the employer.
Md. Code, Labor and Employment § 3-1603 — MD Code / Article gle / Title 3 / Subtitle 16 / Section 3-1603
§3–1603.
Status: in_force

(a) This subtitle applies to a covered employee of an employer only if at least 50% of the covered employee’s time during any workweek is performed at a heightened security interest location.

(b) This subtitle does not diminish:

(1) the right of covered employees to bargain collectively with their employers through representatives whom the covered employees choose to establish wages or other conditions of employment in excess of the applicable minimum for wages under this subtitle; or

(2) a right of a covered employee that is granted under the federal Fair Labor Standards Act.
Md. Code, Courts and Judicial Proceedings § 3-1804 — MD Code / Article gcj / Title 3 / Subtitle 18 / Section 3-1804
§3–1804.
Status: in_force

(a) A document signed by the parties that records points of agreement expressed by the parties or that constitutes an agreement reached by the parties as a result of mediation is not confidential unless the parties agree otherwise in writing.

(b) In addition to any other disclosure required by law, a mediator, a party, or a person who was present or who otherwise participated in a mediation at the request of the mediator or a party may disclose mediation communications:

(1) To a potential victim or to the appropriate law enforcement authority to the extent that the mediator, party, or person reasonably believes the disclosure is necessary to prevent bodily harm or death to the potential victim;

(2) To the extent necessary to assert or defend against allegations of mediator misconduct or negligence;

(3) To the extent necessary to assert or defend against allegations of professional misconduct or malpractice by a party or any person who was present or who otherwise participated in the mediation at the request of a party, except that a mediator may not be compelled to participate in a proceeding arising out of the disclosure; or

(4) To the extent necessary to assert or defend against a claim or defense that, because of fraud, duress, or misrepresentation, a contract arising out of a mediation should be rescinded or damages should be awarded.

(c) A court may order mediation communications to be disclosed only to the extent that the court determines that the disclosure is necessary to prevent an injustice or harm to the public interest that is of sufficient magnitude in the particular case to outweigh the integrity of mediation proceedings.
Md. Code, Public Utilities § 3-108 — MD Code / Article gpu / Title 3 / Subtitle 1 / Section 3-108
§3–108.
Status: in_force

Unless notice is provided to each other party in a case before the Commission, a party or person acting on behalf of a party may not contact ex parte a commissioner or a public utility law judge regarding the merits of the case.
Md. Code, Financial Institutions § 3-519 — MD Code / Article gfi / Title 3 / Subtitle 5 / Section 3-519
§3–519.
Status: in_force

A trust company may invest the assets of a common trust fund in any investment in which a fiduciary who is not restricted by investment limitations under the governing instrument or authorization may invest under the laws of this State.
Md. Code, Education § 3-6A-03 — MD Code / Article ged / Title 3 / Subtitle 6A / Section 3-6A-03
§3–6A–03.
Status: in_force

(a) The county board shall elect a president and vice president from among the voting county board members.

(b) The county board shall elect a president and vice president at its first meeting in July as required to implement the provisions of this section.

(c) The president and vice president shall serve a term of 2 years.

(d) If there is a vacancy in the office of president or vice president, the county board shall fill the vacancy within 30 days after the vacancy occurs.
Md. Code, Correctional Services § 3-526 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-526
§3–526.
Status: in_force

The Chief Executive Officer shall serve as chairperson of the Customer Council.
Md. Code, Transportation § 3-209 — MD Code / Article gtr / Title 3 / Subtitle 2 / Section 3-209
§3–209.
Status: in_force

Before the preparation of definitive bonds, the Department may issue its interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds when the definitive bonds have been executed and are available for delivery.
Md. Code, Courts and Judicial Proceedings § 3-8A-29 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-29
§3–8A–29.
Status: in_force

A court may not order a parent, guardian, custodian, or child to pay:

(1) A fine, fee, or cost under this subtitle; or

(2) A sum of money to cover the support of a child under this subtitle.
Md. Code, Estates and Trusts § 3-105 — MD Code / Article get / Title 3 / Subtitle 1 / Section 3-105
§3–105.
Status: in_force

(a) (1) (i) The provisions of this subsection are applicable if there is no person entitled to take under §§ 3–102 through 3–104 of this subtitle.

(ii) The provisions of this subsection do not apply to any portion of a decedent’s estate that is comprised of land that is the subject of an application for a certificate of reservation for public use under Title 13, Subtitle 3 of the Real Property Article.

(2) (i) If an individual was a recipient of long–term care benefits under the Maryland Medical Assistance Program at the time of the individual’s death, the net estate shall be converted to cash and paid to the Maryland Department of Health, and shall be applied for the administration of the program.

(ii) If the provisions of subparagraph (i) of this paragraph are not applicable, the net estate shall be converted to cash and paid to the board of education in the county in which the letters were granted, and shall be applied for the use of the public schools in the county.

(b) (1) After payment has been made to the Maryland Department of Health or to the board of education, if a claim for refund is filed by a relative within the fifth degree living at the death of the decedent or by the personal representative of the relative, and the claim is allowed, the claimant shall be entitled to a refund, without interest, of the sum paid.

(2) A claim for refund under this subsection may not be filed after the later of:

(i) 3 years after the death of the decedent; or

(ii) 1 year after the time of distribution of the property.
Md. Code, State Finance and Procurement § 3-501 — MD Code / Article gsf / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

This subtitle does not apply to the purchase, lease, or rental of motor vehicles by the University College of the University of Maryland for use in University College overseas programs or by the Maryland Port Administration.
Md. Code, Business Regulation § 3-302 — MD Code / Article gbr / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

In addition to any duties set forth elsewhere, the Commissioner shall adopt safety regulations for the maintenance and operation of amusement attractions.
Md. Code, Alcoholic Beverages and Cannabis § 3-204 — MD Code / Article gab / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

Except as otherwise provided in this article, a license issued by the Executive Director shall be dated as of the date of issuance and shall expire on the next April 30 after its issuance.
Md. Code, Courts and Judicial Proceedings § 3-8C-03 — MD Code / Article gcj / Title 3 / Subtitle 8C / Section 3-8C-03
§3–8C–03.
Status: in_force

(a) A child who is required under § 7–301 of the Education Article to attend school may not fail to do so without lawful excuse.

(b) A violation of this section is a Code violation and is a civil offense.

(c) Adjudication of a Code violation under this section is not a criminal conviction for any purpose and does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.
Md. Code, Courts and Judicial Proceedings § 3-8A-30 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-30
§3–8A–30.
Status: in_force

(a) It is unlawful for an adult willfully to contribute to, encourage, cause or tend to cause any act, omission, or condition which results in a violation, renders a child delinquent or in need of supervision.

(b) A person may be convicted under this section even if the child has not been found to have committed a violation or adjudicated delinquent or in need of supervision. However, the court may expunge a delinquent adjudication from the child’s record and enter it as a finding in the adult’s case.

(c) An adult convicted under this section is subject to a fine of not more than $2,500 or imprisonment for not more than 3 years, or both. The court may suspend sentence and place the adult on probation subject to the terms and conditions it deems to be in the best interests of the child and the public.
Md. Code, Courts and Judicial Proceedings § 3-102 — MD Code / Article gcj / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

If the death of a person or the date of his death is at issue, he is not presumed dead in any proceedings under this subtitle or under Title 13 of the Estates and Trusts Article, merely because he has been absent from his place of residence and not heard about for any stated period of time. The issue shall go to the court as one of fact to be determined upon the evidence. If during his absence the person has been exposed to a specific peril of death, this fact shall be considered by the court.
Md. Code, Agriculture § 3-307 — MD Code / Article gag / Title 3 / Subtitle 3 / Section 3-307
§3–307.
Status: in_force

The Secretary may adopt regulations:

(1) Establishing standards of sanitation and sanitary practices to be observed on all premises used by any person licensed pursuant to this subtitle; and

(2) Governing the humane treatment of 3-D livestock at a livestock auction.
Md. Code, Education § 3-803 — MD Code / Article ged / Title 3 / Subtitle 8 / Section 3-803
§3–803.
Status: in_force

(a) The chairman of the county board is entitled to receive $2,400 annually as compensation and the other voting members are entitled to receive $2,000 each annually as compensation.

(b) The chairman and the other voting members are entitled to the allowances for travel and other expenses provided in the Kent County budget.
Md. Code, Insurance § 3-308 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-308
§3–308.
Status: in_force

Each insurance contract or confirmation procured and delivered under this subtitle shall be:

(1) endorsed or stamped conspicuously in boldface type on the first page of the insurance contract or confirmation as follows: “This insurance is issued by a nonadmitted insurer not under the jurisdiction of the Maryland Insurance Commissioner”; and

(2) accompanied by a written disclosure, as prescribed by the Commissioner, that:

(i) is written in clear, plain English;

(ii) explains that the insurer does not possess a certificate of authority from the Commissioner to engage in the insurance business in the State; and

(iii) includes any other information that the Commissioner requires.
Md. Code, Courts and Judicial Proceedings § 3-108 — MD Code / Article gcj / Title 3 / Subtitle 1 / Section 3-108
§3–108.
Status: in_force

An absentee who appears after the guardianship has been terminated under § 3-106 of this subtitle may not bring an action to recover any portion of his property from the distributees of his estate.
Md. Code, Criminal Law § 3-321 — MD Code / Article gcr / Title 3 / Subtitle 3 / Section 3-321
§3–321.
Status: reserved

The common law crime of sodomy has been repealed.
Md. Code, Insurance § 3-103 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

(a) A domestic insurer may be formed for insurance purposes under Title 2 of the Corporations and Associations Article.

(b) A domestic insurer may be formed either as a mutual insurer or stock insurer, as stated in its articles of incorporation.

(c) (1) Each policyholder of a domestic mutual insurer, other than a holder of a reinsurance contract, is a member of the mutual insurer, with each right and obligation of membership.

(2) Each policy shall state the provisions of paragraph (1) of this subsection.

(3) Any person, government, governmental unit, state, or political subdivision may be a member of a domestic, foreign, or alien mutual insurer.

(4) An officer, stockholder, trustee, or legal representative of a member:

(i) may be recognized as acting in a representative capacity for or on behalf of the member for the purpose of the membership; and

(ii) is not personally liable on the insurance contract for acting in that representative capacity.

(5) A Maryland corporation may participate as a member of a mutual insurer incidentally to the purpose for which the corporation is organized.

(d) (1) Each member of a domestic mutual insurer is entitled to one vote, or to the number of votes the bylaws provide, based on:

(i) the insurance in force;

(ii) the number of policies held; or

(iii) the amount of premium paid.

(2) Only the policyholder under a group policy is a member of the mutual insurer and is entitled to vote at the meetings of the mutual insurer.

(e) (1) Except as provided in paragraph (2) of this subsection, the board of directors of a domestic insurer shall have at least nine members.

(2) The board of directors of a domestic financial guaranty insurance company that is prohibited from issuing new policies of financial guaranty insurance shall have at least five members.
Md. Code, State Government § 3-102 — MD Code / Article gsg / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

For the term of office beginning on January 21, 2015, the annual salaries of the Governor and Lieutenant Governor are:

(1) Governor:

(i) for the first year, $165,000;

(ii) for the second year, $170,000;

(iii) for the third year, $175,000; and

(iv) for the fourth year, $180,000; and

(2) Lieutenant Governor:

(i) for the first year, $137,500;

(ii) for the second year, $141,500;

(iii) for the third year, $145,500; and

(iv) for the fourth year, $149,500.
Md. Code, Public Safety § 3-519 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-519
§3–519.
Status: in_force

(a) Each law enforcement agency shall adopt the uniform citizen complaint process developed by the Maryland Police Training and Standards Commission under § 3–207 of this title.

(b) A law enforcement agency shall post the agency’s citizen complaint process on the agency’s website if the agency maintains a website.
Md. Code, Correctional Services § 3-414 — MD Code / Article gcs / Title 3 / Subtitle 4 / Section 3-414
§3–414.
Status: in_force

(a) With the Secretary’s approval, the Commissioner shall adopt regulations to implement the program.

(b) Notwithstanding § 10–101(g)(2)(i) of the State Government Article, the regulations shall be adopted in accordance with the requirements of Title 10, Subtitle 1 of the State Government Article.
Md. Code, Public Safety § 3-508 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-508
§3–508.
Status: in_force

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

(2) “Commission” means the Maryland Police Training and Standards Commission.

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

(4) “Office” means the Governor’s Office of Crime Prevention and Policy.

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

(6) “SWAT team” means a special unit composed of two or more police officers within a law enforcement agency trained to deal with unusually dangerous or violent situations and having special equipment and weapons, including rifles more powerful than those carried by regular police officers.

(b) Every 6 months, beginning July 1, 2022, a law enforcement agency that maintains a SWAT team shall report the following information to the Office using the format developed under subsection (c) of this section:

(1) the number of times the SWAT team was activated and deployed by the law enforcement agency in the previous 6 months;

(2) the name of the county or county and municipal corporation and the zip code of the location where the SWAT team was deployed for each activation;

(3) the reason for each activation and deployment of the SWAT team;

(4) the legal authority, including type of warrant, if any, for each activation and deployment of the SWAT team; and

(5) the result of each activation and deployment of the SWAT team, including:

(i) the number of arrests made, if any;

(ii) whether property was seized;

(iii) whether a forcible entry was made;

(iv) whether a weapon was discharged by a SWAT team member; and

(v) whether a person or domestic animal was injured or killed by a SWAT team member.

(c) The Commission, in consultation with the Office, shall develop a standardized format that each law enforcement agency shall use in reporting data to the Office under subsection (b) of this section.

(d) A law enforcement agency shall:

(1) compile the data described in subsection (b) of this section for each 6–month period as a report in the format required under subsection (c) of this section; and

(2) not later than the 15th day of the month following the 6–month period that is the subject of the report, submit the report to:

(i) the Office; and

(ii) 1. the local governing body of the jurisdiction served by the law enforcement agency that employs the SWAT team that is the subject of the report; or

2. if the jurisdiction served by the law enforcement agency that employs the SWAT team that is the subject of the report is a municipal corporation, the chief executive officer of the jurisdiction.

(e) (1) The Office shall analyze and summarize the reports of law enforcement agencies submitted under subsection (d) of this section.

(2) Before September 1 each year, the Office shall:

(i) submit a report of the analyses and summaries of the reports of law enforcement agencies described in paragraph (1) of this subsection to the Governor, the General Assembly as provided in § 2–1257 of the State Government Article, and each law enforcement agency; and

(ii) publish the report on its website.

(f) (1) If a law enforcement agency fails to comply with the reporting provisions of this section, the Office shall report the noncompliance to the Commission.

(2) On receipt of a report of noncompliance, the Commission shall contact the law enforcement agency and request that the agency comply with the required reporting provisions.

(3) If the law enforcement agency fails to comply with the required reporting provisions of this section within 30 days after being contacted by the Commission with a request to comply, the Office and the Commission jointly shall report the noncompliance to the Governor and the Legislative Policy Committee of the General Assembly.
Md. Code, State Personnel and Pensions § 3-501 — MD Code / Article gsp / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

(a) (1) The following individuals or entities shall designate one or more representatives to participate as a party in collective bargaining on behalf of the State or the following institutions:

(i) on behalf of the State, the Governor;

(ii) on behalf of the Maryland Environmental Service, the Board of Directors of the Service;

(iii) on behalf of the University System of Maryland, the Chancellor; and

(iv) on behalf of Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College, the governing board of the institution.

(2) The exclusive representative shall designate one or more representatives to participate as a party in collective bargaining on behalf of the exclusive representative.

(b) The parties shall meet at reasonable times and engage in collective bargaining in good faith, including facilitating the meaningful use of a fact finder under subsection (c)(3) of this section, and to conclude a written memorandum of understanding or other written understanding as defined under § 3–101(d)(1)(i)2 of this title.

(c) (1) The parties shall make every reasonable effort to conclude negotiations in a timely manner for inclusion by the principal unit in its budget request to the Governor.

(2) (i) The parties shall conclude negotiations before January 1 for any item requiring an appropriation of funds for the fiscal year that begins on the following July 1.

(ii) In the budget bill submitted to the General Assembly, the Governor shall include any amounts in the budgets of the principal units required to accommodate any additional cost resulting from the negotiations, including the actuarial impact of any legislative changes to any of the State pension or retirement systems that are required, as a result of the negotiations, for the fiscal year beginning the following July 1 if the legislative changes have been negotiated to become effective in that fiscal year.

(3) (i) This paragraph does not apply to negotiations between the State and the exclusive representative of the uniformed fire employees of the BWI Airport Fire and Rescue Department.

(ii) If the parties do not conclude negotiations for the next fiscal year before October 25, either party may request that a fact finder be employed to resolve the issues.

(iii) The fact finder shall be employed no later than November 1.

(iv) A fact finder shall be a neutral party appointed by alternate striking from a list by the parties provided:

1. by the Federal Mediation and Conciliation Service; or

2. under the Labor Arbitration Rules of the American Arbitration Association.

(v) The fact finder:

1. may give notice and hold hearings in accordance with the Administrative Procedure Act;

2. may administer oaths and take testimony and other evidence;

3. may issue subpoenas; and

4. before November 20, shall make written recommendations regarding wages, hours, and working conditions, and any other terms or conditions of employment that may be in dispute.

(vi) The written recommendations of the fact finder shall be delivered to the Governor, the exclusive representative, the President of the Senate, and the Speaker of the House of Delegates by the Secretary on or before December 1.

(4) (i) This paragraph applies only to negotiations between the State and the exclusive representative of the uniformed fire employees of the BWI Airport Fire and Rescue Department.

(ii) The parties shall reach an agreement by September 30 of the year in which a collective bargaining agreement will expire.

(iii) An impasse is reached during the negotiations if the parties do not reach an agreement:

1. by stating that they mutually agree they are at an impasse; or

2. on or before October 1 of the year in which a collective bargaining agreement will expire.

(iv) If an impasse is reached under subparagraph (iii) of this paragraph, each party shall submit its last, best, and final offer to the other party within 48 hours after the impasse is reached.

(v) 1. Unless the impasse has been resolved, the parties shall meet within 5 business days after the impasse is reached under subparagraph (iii) of this paragraph to select an arbitrator from a list of 15 arbitrators provided by the American Arbitration Association’s labor arbitration panel.

2. The parties shall select the arbitrator by alternately striking a name from the list until one name remains.

3. If the selected arbitrator is unable to fulfill the responsibilities of the arbitration, the selection process shall be repeated using a new list of arbitrators until an arbitrator is selected.

4. The parties shall submit the dispute and the last, best, and final offers to the arbitrator within 5 business days after the arbitrator is selected.

(vi) 1. The arbitrator shall hold formal hearings as necessary in order to resolve the impasse.

2. During the first 21 days immediately following the appointment of the arbitrator and before holding any formal hearings, the arbitrator may, if determined appropriate by the arbitrator, attempt to resolve the impasse by acting as a neutral mediator between the parties.

(vii) The arbitrator shall select one party’s last, best, and final offer on or before December 15.

(viii) 1. Subject to subsubparagraph 2 of this subparagraph, the decision of the arbitrator is binding on the parties.

2. A decision of an arbitrator under this paragraph related to wages is subject to the limitations of the State budget.

(ix) The parties shall equally share the costs of the services of the arbitrator.

(d) (1) A memorandum of understanding that incorporates all matters of agreement reached by the parties shall be executed by the exclusive representative and:

(i) for a memorandum of understanding relating to the State, the Governor or the Governor’s designee;

(ii) for a memorandum of understanding relating to the Maryland Environmental Service, the Board of Directors of the Service;

(iii) for a memorandum of understanding relating to a system institution, the Chancellor or the Chancellor’s designee; and

(iv) for a memorandum of understanding relating to Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College, the governing board of the institution or the governing board’s designee.

(2) To the extent these matters require legislative approval or the appropriation of funds, the matters shall be recommended to the General Assembly for approval or for the appropriation of funds.

(3) To the extent matters involving a State institution of higher education require legislative approval, the legislation shall be recommended to the Governor for submission to the General Assembly.

(e) (1) Except as provided in paragraph (2) of this subsection, negotiations for a memorandum of understanding shall be considered closed sessions under § 3–305 of the General Provisions Article.

(2) An exclusive representative may not be considered a public body under § 3–101 of the General Provisions Article.

(f) (1) The terms of a memorandum of understanding executed by the Governor or the Governor’s designee and an exclusive representative of a bargaining unit for skilled service or professional service employees in the State Personnel Management System are not applicable to employees of a State institution of higher education.

(2) The terms of a memorandum of understanding executed by the Chancellor or the governing board of Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College, or their respective designees, and the exclusive representative of a bargaining unit for employees of a State institution of higher education are not applicable to skilled service or professional service employees in the State Personnel Management System.
Md. Code, Natural Resources § 3-104 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: reserved

(a) The Service has all powers necessary for carrying out the purposes of this subtitle, including the following rights and powers set forth in this section.

(b) To have perpetual existence as a corporation.

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

(d) To adopt an official seal and alter it.

(e) To maintain one or more offices at a place or places it chooses.

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

(g) To sue and be sued.

(h) To acquire, construct, reconstruct, rehabilitate, improve, maintain, lease as lessor or as lessee, repair and operate projects within or without the State. The Service shall establish reasonable rules and regulations for the use of any project. It may acquire, purchase, hold, lease as lessee, and use any franchise and any property, real, personal or mixed, tangible or intangible, or any interest therein necessary to carry out the purposes of the Service. It may sell, lease as lessor, transfer, and dispose of any property or interest in it that it has acquired.

(i) To acquire by gift, purchase, or the exercise of the right of eminent domain in the manner prescribed by law lands, structures, real or personal property rights, rights–of–way, franchises, easements, and other interests in lands, including lands lying underwater and riparian rights which are located within and without the State as it considers necessary or convenient for the construction or operation of a project, upon terms and at prices considered by the Service to be reasonable and can be agreed upon by the Service and the owner of the interest, and to take title to the interest in the name of the Service. At any time ten days after the return and recordation of the verdict or award in any condemnation proceeding, the Service may take possession of the property condemned, upon paying to the clerk of the court the amount of the award and all costs taxed to that date, notwithstanding any appeal or further proceeding by defendant. At the time of the payment, the Service shall give its corporate undertaking to abide by any judgment in any appeal or further proceedings.

(j) To borrow money and issue bonds or notes for the purpose of paying all or any part of the cost of any one or more projects or for any other purpose of the Service; to provide funds to be paid into any debt service reserve fund; to secure the payment of the bonds or notes or any part thereof by pledge or deed of trust of all or any part of its revenues or other available money or by pledge, mortgage, or deed of trust of any one or more facilities or properties; to combine projects for financing purposes and to make agreements with or for the benefit of the purchaser or holder of the bonds or notes, with the issue of the bonds or notes, whether issued or to be issued, as the Service may deem advisable; and in general to provide for the security of the bonds or notes and the rights of their holders.

(k) To combine, after consultation with the municipalities affected, one or more water supply, wastewater purification, solid waste disposal, or energy project with any other project as a single system for the purpose of operation or financing.

(l) To fix, alter, charge, and collect rates, fees, and charges for the use of or for the services, products, or energy furnished or produced by the Service.

(m) To enter into contracts with the federal or any state government, or any unit, instrumentality, or subdivision thereof, or with any municipality or person within or without the State, providing for or relating to the furnishing of services to or the facilities of any project of the Service, or in connection with the services or facilities provided by any water supply project, solid waste project, wastewater purification project, or energy project owned or controlled by the other contracting party, including contracts for the construction and operation of any project in the State or in any other state. These contracts may make provision for:

(1) The payment by the other contracting party to the Service of a fixed amount for the collection, processing, treatment, storage, transporting, use, or disposal of a stated amount of solid waste (whether or not the stated amount of solid waste is collected, processed, treated, stored, transported, used, or disposed of), or of all or any portion of the operating expenses of one or more projects;

(2) The utilization by the other contracting party of one or more projects for the processing, treatment, storage, transporting, use, or disposal of all or any portion of solid waste over which such party has control;

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

(4) The abandonment, restriction, or prohibition of the construction or operation of competing facilities. The provisions of any contract with a municipality shall be deemed to be for the benefit of bondholders or noteholders as designated by the Service and may be made irrevocable so long as any bonds or notes of the Service secured by such contract are outstanding.

(n) (1) To make any contract or agreement the Service determines to be necessary or incidental to the performance of its duties and to the execution of the purpose of and the powers granted by this subtitle, including contracts with the federal or any state government, or any unit, instrumentality, or municipality thereof, or with any person, on terms and conditions the Service approves.

(2) The Service may make contracts or agreements relating to:

(i) The use by the other contracting party or the inhabitants of any municipality of any project acquired, constructed, reconstructed, rehabilitated, improved, or extended by the Service under this subtitle or the services therefrom or the facilities thereof;

(ii) The use by the Service of the services or facilities of any water supply system or project, solid waste system or project, or liquid waste system or project, not owned or operated by the Service;

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

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

(v) The employment or retention of consulting and other engineers, superintendents, financial advisors, attorneys, accountants, and other employees, advisors, or agents as in the judgment of the Service are necessary or desirable.

(3) The contracts and agreements of the Service may provide for the collecting of fees, rates, or charges for the projects provided by the Service and for the enforcement of delinquent charges for the projects. The provisions of any contract or agreement of the Service, and of any ordinance or resolution of the governing body of a municipality enacted pursuant thereto, shall be deemed to be for the benefit of bondholders or noteholders.

(o) To enter upon and excavate any municipal street, road, alley, highway, or any other public way for the purpose of installing, maintaining, and operating a water supply, solid waste disposal, wastewater purification, or energy project provided for under this subtitle. The Service may construct, reconstruct, rehabilitate, or extend in the street, road, alley, or highway, a water supply facility, sewer or storm drain, energy transmission facility, or any appurtenance thereof, without a permit or the payment of a charge subject, however, to reasonable regulation established by the governing body of any municipality having jurisdiction in the particular respect. If any municipal street, road, alley, or highway is to be disturbed, the governing body shall be notified within a reasonable period of time, and the street, road, alley, or highway shall be repaired and left by the Service in the same condition as, or in a condition not inferior to, that existing before the street, road, alley, or highway was torn up. The Service shall bear every incidental cost.

(p) To enter upon lands, waters, or premises as is necessary or desirable for the purposes of making surveys, soundings, borings, and examinations to accomplish any purpose authorized by this subtitle. The Service is liable for actual damage done.

(q) To make application for, receive, and accept from any state or federal government, or any unit, instrumentality, or subdivision thereof, grants for or in aid of the planning, financing, construction, acquisition, maintenance, or operation of any project, and to receive and accept aid or contributions from any source of money, property, labor, or other things of value, to be held, used, and applied only for the purpose for which the grants and contributions are made in the furtherance of the purposes of this subtitle. In those cases involving federal and State grants, including, but not limited to, grants administered by the Department of the Environment for the collection and treatment of sewage and industrial wastes under the Sanitary Facilities Fund, in Title 9 of the Environment Article, the Service shall be eligible the same as a municipality.

(r) To make directly, or through the hiring of consultants, any plans, surveys, investigations, and studies relating to water supply, liquid and solid wastes transportation, purification, disposal techniques, recycling, energy production and transmission, conservation of resources, and management methods or the effects of these techniques, and methods, in order to improve or evaluate the effectiveness or economy of its services and operations. The Service may charge in whole or in part the costs of the investigations and studies against one or more projects or Service districts, or it may include them in whole or in part in its general operating expenses depending on the expected applicability of the studies and investigations. The Service may supplement grants or other aids received from the federal government or from other sources to assist in carrying out the purposes of this subtitle. Consultants hired under this subsection may not be deemed to be providing architectural or engineering services as those terms are defined in § 11–101 of the State Finance and Procurement Article.

(s) To conduct hearings and investigations for the furtherance of the purposes of this subtitle.

(t) To take and hold title to any project that may be transferred to the Service, and to assume jurisdiction over and provide for the maintenance and operation of the project, all on such terms as may be mutually agreed upon between the Service and the transferor. The Service may contract with any municipality to assume the payment of the principal of and interest on obligations or indebtedness of such municipality incurred in connection with any project and may undertake to operate any project in such a manner as to provide for the payment of all outstanding obligations or indebtedness applicable to the project and the interest thereon and to transfer to the appropriate municipality an amount equal to the debt service payments prior to the applicable payment date. Subject to the approval of the Board of Public Works, the State may lease, lend, grant, or otherwise convey to the Service any property that is necessary for the purposes of this subtitle.

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

(v) Except as provided in §§ 3–109 and 3–110 of this subtitle, the Service does not have any power to construct, establish, or operate any new solid waste disposal project within the boundaries of any county or municipal corporation without the express consent of the governing body of the county or municipal corporation.

(w) To permit a municipality to construct, operate, maintain, expand, relocate, replace, renovate, or repair facilities provided for in this subtitle when the Service certifies that it is not in a position to provide the necessary construction, operation, maintenance, expansion, relocation, replacement, renovation, or repair of facilities within the municipality. Notwithstanding other provisions in this subtitle and limited to the circumstances in this subsection, a municipality shall finance construction, operation, maintenance, expansion, relocation, replacement, renovation, or repair of facilities in accordance with its statutory authority, including the receiving of State and federal grants if available. The municipality may construct, operate, maintain, expand, relocate, replace, renovate, or repair these facilities.

(x) In making plans, surveys, studies, and investigations under this subtitle, the Service shall include in its findings its statement of the impact that a project may have on the site on which the project is to be located if that site has cultural, historic, or social significance.

(y) To create, with the approval of the Board, private corporations for purposes consistent with this subtitle.

(z) To exercise all the corporate powers granted Maryland corporations under the Maryland General Corporation Law.
Md. Code, Estates and Trusts § 3-401 — MD Code / Article get / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: reserved

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

(b) “Augmented estate” means an estate as calculated under § 3–404 of this subtitle.

(c) “Court” means:

(1) Except with respect to a proceeding under § 12–502 of the Courts Article or as otherwise provided under the Maryland Rules, the orphans’ court, or the court exercising the jurisdiction of the orphans’ court, for the county in which the election under § 3–403 of this subtitle is filed; or

(2) With respect to the enforcement of payment of an elective share or any portion thereof under § 3–410 of this subtitle, the court having jurisdiction over the property from which the payment is to be made.

(d) “Estate subject to election” means the portion of an augmented estate that is subject to election as calculated under § 3–404 of this subtitle.

(e) “Marital trust” means any trust created for the exclusive lifetime benefit of the spouse of a decedent or of the settlor of the trust if:

(1) The spouse is entitled to all income from the property held by the trust, payable annually or at more frequent intervals, or has a usufruct interest for life in the property; and

(2) The spouse has the power to compel the trustees of the trust to convert unproductive assets into income–producing assets.

(f) “Person responsible for filing the estate tax return” means the person responsible for filing a Maryland estate tax return for a decedent under § 7–305 of the Tax – General Article, regardless of whether a Maryland estate tax return actually is required to be filed for the decedent.

(g) “Probate estate” means all property passing by testate succession.

(h) “Qualifying joint interest” means an interest in property held as a joint tenant with right of survivorship or equivalent, or a tenancy–by–the–entireties equal to:

(1) In the case of a joint tenancy with right of survivorship or equivalent, the greater of:

(i) The tenant’s fractional interest in the property; or

(ii) The percentage of the property’s value, exclusive of income or appreciation, contributed by the tenant; or

(2) In the case of a tenancy–by–the–entireties, one–half of the value of the property.

(i) (1) “Qualifying lifetime transfer” means:

(i) An irrevocable transfer made during the lifetime of the transferor in which the transferor retained for a period actually terminating at or after the transferor’s death:

1. Possession of the property;

2. The right to receive the income from the property;

3. The use or enjoyment of the property;

4. A qualifying joint interest;

5. A qualifying power of disposition; or

6. The right to receive an annuity or other periodic payment from the property, including, without limitation, a periodic payment based on the value of the property;

(ii) An irrevocable transfer made during the lifetime of the transferor in which the transferor retained an interest described in item (i) of this paragraph that actually terminated before the transferor’s death, and the remaining value of the property transferred then passed to a recipient other than the transferor or the transferor’s spouse; or

(iii) Any other irrevocable transfer made during the lifetime of the transferor, other than a transfer to the transferor’s spouse.

(2) “Qualifying lifetime transfer” does not include a transfer made in accordance with a bona fide sale for adequate consideration in money or money’s worth.

(j) “Qualifying power of disposition” means a power, whether or not the holder has the capacity to exercise that power, by which the holder, during the life of the holder or on the holder’s death, may:

(1) Appoint the property subject to the power to the holder, the holder’s estate, the holder’s creditors, or the creditors of the holder’s estate, unless the power of appointment is not created, directly or indirectly, by the holder and is limited by an ascertainable standard relating to the holder’s health, education, support, or maintenance;

(2) Designate the recipient or recipients of the property on the holder’s death, including in accordance with a beneficiary designation, a payable on death designation, or a transfer on death designation; or

(3) Determine, alter, or amend the possession or enjoyment of, or the right to income from, the property subject to the power if the power was created, directly or indirectly, by the holder.

(k) “Revocable” has the meaning stated in § 14.5–103 of this article.

(l) “Revocable trust of the decedent” means any trust of which a decedent was the settlor that was revocable by the decedent before the decedent’s death or incapacity.

(m) “Settlor” has the meaning stated in § 14.5–103 of this article.

(n) “Spousal benefits” means the aggregate value of property passing to or in trust for the benefit of the surviving spouse by reason of a decedent’s death and property held for the benefit of the surviving spouse in any trust created during a decedent’s lifetime of which the decedent was a settlor, reduced by:

(1) With respect to property that the decedent owned jointly with the surviving spouse, that portion of the value of the property that is not included in the estate subject to election;

(2) The value of assets passing by reason of the decedent’s death to any trust of which the surviving spouse is not the sole beneficiary during the surviving spouse’s lifetime;

(3) The value of assets held in any trust created during the decedent’s lifetime of which:

(i) The decedent was a settlor; and

(ii) The surviving spouse is not the sole beneficiary during the surviving spouse’s lifetime;

(4) One–quarter of the aggregate value of assets passing by reason of the decedent’s death to, or held at the time of the decedent’s death in, any marital trust;

(5) One–third of the aggregate value of assets passing by reason of the decedent’s death to, or held at the time of the decedent’s death in, any trust, whether testamentary or created during the decedent’s lifetime:

(i) Excluding a trust described under item (4) of this subsection;

(ii) Of which the decedent was a settlor, if the trust was created during the decedent’s lifetime;

(iii) That is held for the exclusive lifetime benefit of the surviving spouse; and

(iv) From which the trustees may make distributions to or for the benefit of the surviving spouse in accordance with a standard not more restrictive than that under § 14–402(b)(3) of this article; and

(6) The entire value of any trust for the exclusive lifetime benefit of the surviving spouse that is not a marital trust and is not described under item (5) of this subsection.

(o) “Value” means:

(1) For an asset included in the gross estate of a decedent under § 7–301(b) of the Tax – General Article, the value of the asset under Title 7, Subtitle 3 of the Tax – General Article, if a Maryland estate tax return is required to be filed with respect to the decedent; and

(2) For any other asset, the value of the asset under § 7–202 of this article, regardless of whether the asset is required to be reported on an inventory.
Md. Code, Correctional Services § 3-515 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-515
§3–515.
Status: in_force

(a) A unit of State government shall purchase from Maryland Correctional Enterprises any goods or services that are available from Maryland Correctional Enterprises and that Maryland Correctional Enterprises can provide at a price not exceeding the prevailing average market price as determined by the Pricing and Selection Committee for Preferred Providers.

(b) The Pricing and Selection Committee for Preferred Providers shall review and verify the prevailing average market prices, as proposed by Maryland Correctional Enterprises:

(1) when changes are made to the pricing of existing goods and services that are available from Maryland Correctional Enterprises; and

(2) for new goods or services that Maryland Correctional Enterprises intends to make available.

(c) (1) The contracting unit shall inform each unit of State government for which it procures goods or services within 60 days after the award of a contract.

(2) Quarterly, each unit that requires goods or services for its operations shall inform Maryland Correctional Enterprises of its anticipated orders during the next 3–month period.

(3) If Maryland Correctional Enterprises is unable to provide any of the goods or services under the contract, Maryland Correctional Enterprises shall notify the contracting unit so that appropriate alternative action may be taken to meet the needs of units of State government for which the contracting unit procures goods or services.

(d) The Board of Public Works:

(1) shall suspend the application of subsection (a) of this section if the Board of Public Works finds that the purposes of Division II of the State Finance and Procurement Article are being unduly eroded due to the volume and scope of activities and sales by Maryland Correctional Enterprises; and

(2) may suspend the application of subsection (a) of this section for data entry services that involve information that is protected from disclosure under Title 4 of the General Provisions Article.
Md. Code, Education § 3-103 — MD Code / Article ged / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

There is a county board of education for each county school system.
Md. Code, Education § 3-1104 — MD Code / Article ged / Title 3 / Subtitle 11 / Section 3-1104
§3–1104.
Status: in_force

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

(b) All actions of the county board shall be taken at a public meeting and a record of the meeting and all actions shall be made public.

(c) This section shall not be construed to prohibit the county board from meeting and deliberating in executive session, provided that any action of the county board, together with the individual vote of each member, is contained in a public record.
Md. Code, Correctional Services § 3-509 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-509
§3–509.
Status: in_force

(a) Annually, the Division shall submit a complete financial and operational report of Maryland Correctional Enterprises and the Maryland Correctional Enterprises revolving fund to:

(1) the Governor;

(2) the Secretary; and

(3) the Secretary of Budget and Management.

(b) The report required under subsection (a) of this section shall:

(1) be in the same general form as a report by the Division on its operations and programs;

(2) include information about present and projected personnel and compensation requirements of Maryland Correctional Enterprises;

(3) list the job classifications for incarcerated individual labor in each department and facility under the authority of Maryland Correctional Enterprises;

(4) list the daily wage scale at each prison for each job classification under the authority of Maryland Correctional Enterprises;

(5) list the total number of incarcerated individuals currently employed at facilities under the authority of Maryland Correctional Enterprises, disaggregated by facility; and

(6) list the race, age, and sex of incarcerated individuals currently employed at facilities under the authority of Maryland Correctional Enterprises, disaggregated by job classification and wage scale.

(c) The Governor, the Secretary, and the Secretary of Budget and Management may include data from the report submitted under this section in the preparation of the budget and capital improvement bill.
Md. Code, Alcoholic Beverages and Cannabis § 3-108 — MD Code / Article gab / Title 3 / Subtitle 1 / Section 3-108
§3–108.
Status: in_force

(a) Except as provided in subsection (b) of this section, a license holder is not entitled to a refund of the unearned portion of the license fee.

(b) A refund shall be issued to a license holder on surrender of the license if:

(1) receivership or bankruptcy of the business entity on whose behalf the license was issued occurs and a license transfer is not requested, with the refund issued for the benefit of the creditors of the license holder;

(2) the license holder dies, with the refund issued for the benefit of the estate of the deceased license holder;

(3) the license holder volunteers for or has been called into the armed forces of the United States or the organized State militia;

(4) the license holder surrenders a license and obtains a new license of another class carrying a higher fee, with the refund deducted from the higher fee;

(5) the license holder, against whom charges are pending when the license is renewed, is found guilty and the license is revoked, with the refund issued to the license holder in an amount based on the date that the revocation becomes final;

(6) the issuance of a license by the Executive Director is reversed on judicial review and the operation of the establishment is prohibited, with the refund issued to the license holder in an amount based on the date that the refusal to grant the renewal becomes final; or

(7) the licensed premises is taken by the federal government, the State, or a municipality for public use.
Md. Code, Natural Resources § 3-903 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-903
§3–903.
Status: reserved

(a) (1) There is hereby created a body politic and corporate to be known as the “Northeast Maryland Waste Disposal Authority” which is constituted a public instrumentality of the State of Maryland. The exercise by the Authority of the powers conferred by this subtitle shall be deemed to be the performance of an essential public function.

(2) The Authority was organized and commenced its activities on October 21, 1980, when there were filed with the Secretary of State and the Department of Legislative Services certified copies of the resolutions of participation of at least two of the following four counties: Mayor and City Council of Baltimore, Baltimore County, Maryland, Anne Arundel County, Maryland, and Harford County, Maryland.

(3) Montgomery County, Maryland, also became a participating county in the Authority by filing certified copies of a resolution of participation with the Secretary of State and the Department of Legislative Services, whereupon Montgomery County, Maryland, had all of the rights, privileges, and powers under this subtitle that the other participating counties have or may have, including the power to participate in projects and to enter into contracts with the Authority, including the contracts relating to the Authority’s Southwest Resource Recovery Facility located in the City of Baltimore, in order to defray and provide for the Authority’s costs of acquiring, constructing, operating, or providing a project, including debt service requirements of the Authority relating to a project.

(4) Carroll County, Maryland, may also become a participating county in the Authority by the County Commissioners of Carroll County filing certified copies of a resolution of participation with the Secretary of State and the Department of Legislative Services, whereupon Carroll County, Maryland, shall have all of the rights, privileges, and powers under this subtitle that the other participating counties have or may have.

(5) Howard County, Maryland, may also become a participating county in the Authority by the County Council of Howard County filing certified copies of a resolution of participation with the Secretary of State and the Department of Legislative Services, whereupon Howard County, Maryland, shall have all of the rights, privileges, and powers under this subtitle that the other participating counties have or may have.

(6) Frederick County, Maryland, may also become a participating county in the Authority by the County Council of Frederick County filing certified copies of a resolution of participation with the Secretary of State and the Department of Legislative Services, whereupon Frederick County, Maryland, shall have all of the rights, privileges, and powers under this subtitle that the other participating counties have or may have.

(7) Cecil County, Maryland, may also become a participating county in the Authority by the Board of County Commissioners of Cecil County filing certified copies of a resolution of participation with the Secretary of State and the Department of Legislative Services, whereupon Cecil County, Maryland, shall have all of the rights, privileges, and powers under this subtitle that the other participating counties have or may have.

(8) Wicomico County, Maryland, may also become a participating county in the Authority by the County Council of Wicomico County filing certified copies of a resolution of participation with the Secretary of State and the Department of Legislative Services, whereupon Wicomico County, Maryland, shall have all of the rights, privileges, and powers under this subtitle that the other participating counties have or may have.

(9) Each resolution of participation contained:

(i) A declaration by the county of its intention and consent to participate in the activities of the Authority; and

(ii) Such provisions, if any, as the participating counties approved and required as being necessary or desirable for the Authority to be an organization described in § 501(c)(3) of the Internal Revenue Code.

(10) Each resolution of participation was presented by the chief executive officer of a county to the body exercising legislative powers of that county and was effective after adoption by such legislative body and approval by such chief executive officer.

(b) The Authority shall consist of one member from each of the participating counties and the director of the Maryland Environmental Service, ex officio. Each member from a participating county shall be appointed by the Governor from a list of at least three persons, which list has been submitted to the Governor by such participating county. Each such list shall be submitted to the Governor after approval by the chief executive officer of the county submitting such list. Members from a participating county shall serve terms of 4 years and shall continue in office until their successors have been appointed and qualified. A member from a participating county shall be eligible for reappointment. Each member of the Authority, before entering upon his or her duties, shall take an oath to administer the duties of the office faithfully and impartially, and such oath shall be filed with the Secretary of State. The members of the Authority may be removed by the Governor for good cause or may be removed at the will of the Governor at any time in the event the Governor has previously received a resolution of that county which nominated such a member for appointment requesting that such member be removed.

(c) The Authority shall appoint, subject to the approval of the Governor, an executive director. The executive director may not be a member of the Authority. The Authority may also appoint, subject to the approval of the Governor, a general counsel, either on a full–time or a part–time basis as the Authority may determine, or it may otherwise provide for the provision of necessary legal services to the Authority. The general counsel shall not be a member of the Authority. Both the executive director and the general counsel shall serve at the pleasure of the Authority, and shall receive such compensation as may be determined by the Authority.

(d) The executive director shall keep a record of the proceedings of the Authority and shall be custodian of all books, documents, and papers filed with the Authority and of the minute book or journal of the Authority and of its official seal. The executive director may cause copies to be made of all minutes and other records and documents of the Authority and may give certificates under the official seal of the Authority to the effect that such copies are true copies, and all persons dealing with the Authority may rely upon such certificates. The records and documents of the Authority shall be considered public records subject to reasonable inspection. The executive director shall, subject to the supervision and direction of the Authority, be the chief administrative officer of the Authority.

(e) The general counsel, if one is appointed, shall be the legal advisor to the Authority. He shall, when directed by the Authority, represent the Authority in judicial or other proceedings.

(f) A majority of the members of the Authority shall constitute a quorum and the affirmative vote of a majority of the members present at a meeting of the Authority having a quorum present shall be necessary for any action taken by the Authority. The director of the Maryland Environmental Service is a voting member of the Authority. No vacancy in the membership of the Authority shall impair the right of a quorum to exercise all the rights and perform all the duties of the Authority as aforesaid. Any action taken by the Authority under the provisions of this subtitle may be authorized by resolution at any regular or special meeting. Each such resolution, other than resolutions promulgating rules and regulations, shall take effect immediately and need not be published or posted. Rules and regulations shall be promulgated under the provisions of the Administrative Procedure Act, except when necessary for the immediate preservation of the public health and safety and except for emergency provisions required to protect projects of the Authority.

(g) Each member of the Authority, the executive director and such employees as may be designated by the Authority, shall, upon entering the performance of their duties, be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article.

(h) The members of the Authority shall receive no compensation for the performance of their duties hereunder, but each such member shall be paid his necessary expenses incurred while engaged in the performance of such duties.

(i) The participating counties may grant, loan, or otherwise transfer to the Authority, and the Authority may accept, from time to time such money, property or other assets as may be necessary or desirable to enable the Authority to initiate its operations or those of any project or to carry out any of its corporate purposes.

(j) The staff of the Authority shall consist of such employees as the Authority may determine to be necessary to carry out the duties of the Authority. The executive director shall appoint and remove the staff of the Authority in accordance with the provisions and restrictions of a “merit system” to be developed by the Authority.

(k) (1) Whenever the Authority shall undertake to provide service to or within any participating county, such county shall have the option (which option must be exercised prior to the effectiveness of such undertaking) of:

(i) Designating those employees who, at the time of the transfer, were engaged primarily in the rendering of such service, whereupon the Authority shall be responsible for the continuation of such employees with all rights and privileges and equivalent benefits that such employees theretofore enjoyed; or

(ii) Not certifying to the Authority any employees formerly engaged in providing the “take–over” services, but continuing such employees in the county’s employment.

(2) In the event that any employee of a county so certified to the Authority does not desire to be transferred to the Authority, such employee shall be given first priority in the filling of any vacancy for which he or she is qualified as determined by the head of such county’s merit system. In the event there are no vacancies, such employee shall be placed on the reemployment list and shall be given first preference in the filling of any position for which such person is qualified.

(l) If the Authority determines that the provision of pension benefits for its employees cannot be effected practicably by means of the State Retirement System, the Authority shall be empowered to provide a pension benefit for employees upon their retirement on account of age, service, or disability and shall have the right to contract with an insurance company or other appropriate body to provide such pension benefits or by resolution to establish a retirement system to be operated on an actuarial basis under the applicable laws of the State of Maryland. Any employee of the State of Maryland or any subdivision who is employed by the Authority shall have the right to transfer to the pension system of the Authority and receive credit in the Authority’s system for the service in the system from which such employee transferred contingent upon a transfer of the pension reserve applicable to such employee (employee and employer share) as certified by the actuary of the transferee system. With respect to employees initially transferred from any subdivision to the Authority, such employee shall elect within 6 months of said date of transfer whether to transfer his pension membership.

(m) The Authority shall by regulation establish the boundary of the Northeast Maryland waste disposal region. The boundary of the waste disposal region may include all or any part of the area within the boundaries of the participating counties. The director of the Maryland Environmental Service shall designate the Northeast Maryland waste disposal region as a solid waste disposal service region as provided in § 3–106 of this title.

(n) (1) Upon designation of the Northeast Maryland waste disposal region as a service region, the Authority, and not the Maryland Environmental Service, shall prepare the five–year plan providing for solid waste disposal projects required in § 3–106 of this title, and provide for its adoption, approval and implementation in accordance with the provisions of that section. The acquisition or purchase of any waste disposal facility as a project which is in existence as of July 1, 1980, if it is to be acquired or purchased, shall be included in the five–year plan of the Authority as approved by each county under the provisions of § 3–106 of this title, as amended from time to time.

(2) The five–year plan may include provisions for the establishment and implementation of a regional system of service fees to be charged at public waste disposal facilities within the participating jurisdictions. The Authority, by agreement with a subdivision or person outside the boundaries of the service region, may establish various service fees for the disposal of waste generated within the service region consistent with the 5–year plan. The Secretary of the Environment shall supervise any pricing structure proposed for adoption in the five–year plan or subsequent amendments thereto, for reasonableness and consistency with county solid waste plans pursuant to Title 9 of the Environment Article.

(o) Upon adoption by the Authority of a five–year plan providing for solid waste disposal projects and approval of such plan by the affected county or counties or the General Assembly, as the case may be, service districts shall be established within the Northeast Maryland waste disposal region in the manner and following the schedule set forth in the five–year plan providing for solid waste disposal projects. Within each service district in the Northeast Maryland waste disposal region, the Authority, and not the Maryland Environmental Service, is responsible for the disposal of solid wastes (including any wastewater treatment residue) as set forth in the five–year plan providing for solid waste disposal projects. Within the service district, no subdivision or person may dispose of solid wastes except through projects of the Authority or of a subdivision or person designated by the five–year plan or under reasonable conditions the Authority stipulates; provided however, that it is not intended by this section that the Authority, in the absence of an agreement to do so, be required to assume responsibility over any wastewater treatment activity or project or over any existing solid waste activity or project of any person or subdivision. Nothing contained in this subtitle shall affect the power of the Secretary of the Environment, as set forth in § 3–109 of this title, to direct the Maryland Environmental Service to undertake any of the actions authorized therein.

(p) Notwithstanding any other provision of this subtitle, all general funds appropriated to the Maryland Environmental Service to prepare the five–year plan providing for solid waste disposal projects in the participating counties as provided in § 3–106 of this title or to provide for its adoption, approval and implementation shall be transferred to the Authority for application by the Authority to such purposes.
Md. Code, Criminal Law § 3-907 — MD Code / Article gcr / Title 3 / Subtitle 9 / Section 3-907
§3–907.
Status: in_force

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

(2) “Protected individual” means an individual who buys, rents, or borrows a videotape, video disk, or film from a videotape distributor.

(3) “Publish” means to distribute to a person other than the protected individual or an agent of the protected individual.

(4) “Videotape distributor” means a retail establishment operating for profit that sells, rents, or loans videotapes, video disks, or films.

(b) Except as provided in subsection (d) of this section, a videotape distributor, or an agent or employee of a videotape distributor, may not publish the following information relating to sales, rentals, or loans of videotapes, video disks, or films to a protected individual:

(1) any numerical designation used by the videotape distributor to identify the protected individual; or

(2) any listing of videotapes, video disks, or films bought, rented, or borrowed by the protected individual from the videotape distributor.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months for all violations or a fine not exceeding $500 for each violation or both.

(d) This section does not prohibit the distribution of information protected under subsection (b) of this section to:

(1) a person designated by the videotape distributor and authorized by the protected individual before distribution to receive the information;

(2) any appropriately authorized law enforcement personnel; or

(3) a collection agency used or person designated by the videotape distributor to collect unreturned rental videotapes, video disks, or films, or an amount equal to their value.
Md. Code, Education § 3-3A-02 — MD Code / Article ged / Title 3 / Subtitle 3A / Section 3-3A-02
§3–3A–02.
Status: in_force

(a) The Caroline County Board of Education consists of:

(1) Three elected members;

(2) Two appointed members; and

(3) Two nonvoting student members.

(b) (1) One elected member shall be elected from each of the three board of education districts established in Caroline County.

(2) An elected member shall be:

(i) A resident of the district from which the member is elected; and

(ii) Elected only by the voters of that district.

(3) (i) 1. Two appointed members shall be appointed by the Governor, with the advice and consent of the Senate, from the county at–large.

2. Each appointed member shall be a resident of the county.

(ii) In appointing members to the county board, the Governor shall ensure, to the extent practicable, that the total makeup of the county board reflects gender, ethnic, and racial diversity.

(c) (1) The board of education districts shall:

(i) Be established by the County Commissioners of Caroline County; and

(ii) Be substantially equal in population and reapportioned on the basis of each decennial census of the United States.

(2) Reapportioned districts shall become effective for the term of office commencing after the first regular primary election held at least 15 months after the official report on population is received by the State from the Bureau of the Census.

(d) (1) As applicable for that board of education district, at the general election the ballot shall provide the voter with the choice to cast a vote “For” a candidate for election from that district.

(2) After the election results are certified, the State Board of Elections shall declare for each district whether a candidate has been elected.

(e) (1) An individual elected to the county board shall be at least 21 years old and a registered voter and resident of Caroline County for at least 3 years.

(2) A member may not continue as a member of the county board if the member:

(i) No longer resides in the board of education district that the member is designated to represent; or

(ii) Is not a registered voter of Caroline County.

(3) An individual employed by, or under the direction of, the county board or the Caroline County Superintendent of Schools is not eligible to serve on the county board.

(f) (1) A student member of the county board shall:

(i) Be a regularly enrolled eleventh or twelfth grade student of good character and in good standing in a Caroline County public high school during the student’s term in office;

(ii) Be selected in the student’s tenth or eleventh grade in accordance with paragraph (3) of this subsection; and

(iii) 1. Serve for a term of 1 year; and

2. If the student is in the twelfth grade, continue to serve after graduation and until a successor is selected and qualifies.

(2) Each high school in the county shall be represented by a student member of the county board.

(3) (i) For nomination to the county board, the student body shall submit to the principal of the high school a list of nominees that contains the names of eligible students.

(ii) The principal of the high school shall select the student member from the list of nominees submitted to the principal under subparagraph (i) of this paragraph.

(4) If a vacancy in the position of student member occurs during the term of a student member, the principal of the high school represented on the county board shall select another student member using the method set forth under paragraph (3) of this subsection.

(g) (1) Subject to paragraph (2) of this subsection, each elected member serves for a term of 4 years beginning on the first Monday in December after the member’s election and until a successor is elected and qualifies.

(2) The initial terms of the elected members are staggered as follows:

(i) The two members elected to the county board at the general election in November 2012 who receive the highest number of votes cast from among the successful candidates at that election shall serve for a term of 4 years; and

(ii) The member elected to the county board at the general election in November 2012 who receives the least number of votes cast from among the successful candidates at that election shall serve for a term of 2 years.

(h) (1) In the event of a vacancy of an elected member on the county board due to death, resignation, disqualification, or removal, the remaining voting members shall select a qualified individual to fill the vacancy for the remainder of the term of the vacating member and until a successor is elected and qualifies.

(2) An individual appointed to fill a vacancy for an elected member shall be a resident of the same board of education district as that of the vacating member.

(3) Before filling a vacancy for an elected member, the remaining voting members of the county board shall conduct an interview of each applicant at an open meeting.

(4) (i) The county board shall publish a list of the names of the applicants for a vacancy on the county board at least 2 weeks before the interview of the first applicant is scheduled to occur.

(ii) The county board shall cause public notice of the date, time, and location of the interview for each applicant to be published:

1. At least 2 weeks before the interview is scheduled to occur; and

2. In the same manner as public notice of a regular meeting of the county board is published.

(5) The county board is not required to conduct discussions of the applicants or make the final selection of the elected member to fill the vacancy at an open meeting.

(i) (1) Subject to paragraph (2) of this subsection, each appointed member serves for a term of 4 years beginning on the first Monday in December 2012.

(2) The initial terms of the appointed members are staggered as follows:

(i) One appointed member shall serve for a term of 6 years; and

(ii) One appointed member shall serve for a term of 4 years.

(3) In the event of a vacancy of an appointed member due to death, resignation, disqualification, or removal, the Governor shall appoint another individual to complete the term of the vacating appointed member.
Md. Code, Commercial Law § 3-206 — MD Code / Article gcl / Title 3 / Subtitle 2 / Section 3-206
§3–206.
Status: in_force

(a) An indorsement limiting payment to a particular person or otherwise prohibiting further transfer or negotiation of the instrument is not effective to prevent further transfer or negotiation of the instrument.

(b) An indorsement stating a condition to the right of the indorsee to receive payment does not affect the right of the indorsee to enforce the instrument. A person paying the instrument or taking it for value or collection may disregard the condition, and the rights and liabilities of that person are not affected by whether the condition has been fulfilled.

(c) If an instrument bears an indorsement (i) described in § 4-201(b), or (ii) in blank or to a particular bank using the words “for deposit”, “for collection”, or other words indicating a purpose of having the instrument collected by a bank for the indorser or for a particular account, the following rules apply:

(1) A person, other than a bank, who purchases the instrument when so indorsed converts the instrument unless the amount paid for the instrument is received by the indorser or applied consistently with the indorsement.

(2) A depositary bank that purchases the instrument or takes it for collection when so indorsed converts the instrument unless the amount paid by the bank with respect to the instrument is received by the indorser or applied consistently with the indorsement.

(3) A payor bank that is also the depositary bank or that takes the instrument for immediate payment over the counter from a person other than a collecting bank converts the instrument unless the proceeds of the instrument are received by the indorser or applied consistently with the indorsement.

(4) Except as otherwise provided in paragraph (3), a payor bank or intermediary bank may disregard the indorsement and is not liable if the proceeds of the instrument are not received by the indorser or applied consistently with the indorsement.

(d) Except for an indorsement covered by subsection (c), if an instrument bears an indorsement using words to the effect that payment is to be made to the indorsee as agent, trustee, or other fiduciary for the benefit of the indorser or another person, the following rules apply:

(1) Unless there is notice of breach of fiduciary duty as provided in § 3-307, a person who purchases the instrument from the indorsee or takes the instrument from the indorsee for collection or payment may pay the proceeds of payment or the value given for the instrument to the indorsee without regard to whether the indorsee violates a fiduciary duty to the indorser.

(2) A subsequent transferee of the instrument or person who pays the instrument is neither given notice nor otherwise affected by the restriction in the indorsement unless the transferee or payor knows that the fiduciary dealt with the instrument or its proceeds in breach of fiduciary duty.

(e) The presence on an instrument of an indorsement to which this section applies does not prevent a purchaser of the instrument from becoming a holder in due course of the instrument unless the purchaser is a converter under subsection (c) or has notice or knowledge of breach of fiduciary duty as stated in subsection (d).

(f) In an action to enforce the obligation of a party to pay the instrument, the obligor has a defense if payment would violate an indorsement to which this section applies and the payment is not permitted by this section.
Md. Code, Criminal Procedure § 3-119 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-119
§3–119.
Status: in_force

(a) (1) Not earlier than 1 year after the initial release hearing ends or was waived, and not more than once a year thereafter, a committed person may apply for release under either subsection (b) or (c) of this section, but not both.

(2) Notwithstanding the time restrictions in paragraph (1) of this subsection, a committed person may file an application for release at any time if the application is accompanied by an affidavit of a physician or licensed psychologist that states an improvement in the mental condition of the committed person since the last hearing.

(b) (1) To apply for release under this subsection, the committed person shall file an application for release with the Health Department and notify the court and State’s Attorney, in writing, of this request.

(2) Except as provided in paragraph (3) of this subsection, the provisions of this title governing administrative hearing and judicial determination of eligibility for release apply to any application for release under this subsection.

(3) In a proceeding held under this title to determine eligibility for conditional release or discharge, the Maryland Rules governing discovery for civil matters in the circuit court shall apply regardless of the venue of the hearing.

(c) (1) To apply for release under this subsection, the committed person shall file a petition for release with the court that ordered commitment.

(2) The committed person shall send a copy of the petition for release to the Health Department and the State’s Attorney.

(3) If the committed person requests a trial by jury, the trial shall be held in a circuit court with a jury as in a civil action at law.

(4) The trier of fact shall:

(i) determine whether the committed person has proved eligibility for release by a preponderance of the evidence; and

(ii) render a verdict for:

1. continued commitment;

2. conditional release; or

3. discharge from commitment.

(5) If the trier of fact renders a verdict for conditional release, within 30 days after the verdict, the court shall release the committed person under conditions it imposes in accordance with specific recommendations for conditions under § 3–116(b) of this title.

(d) (1) An appeal from a District Court order shall be on the record in the circuit court.

(2) An appeal from a circuit court order shall be by application for leave to appeal to the Appellate Court of Maryland.
Md. Code, Election Law § 3-205 — MD Code / Article gel / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

A voter registration volunteer or any individual assisting another individual to register to vote may not:

(1) copy or collect the following information contained on a voter registration application:

(i) Maryland driver’s license number;

(ii) Maryland identification number;

(iii) Social Security number; or

(iv) other information from a voter registration application that is protected from public disclosure;

(2) use any voter registration information for a purpose inconsistent with § 3–506 of this title; and

(3) receive any form of compensation, including bonuses, that is based on the number of voter registration applications collected.
Md. Code, Agriculture § 3-109 — MD Code / Article gag / Title 3 / Subtitle 1 / Section 3-109
§3–109.
Status: in_force

The owner of any domestic animal that has died of a contagious or infectious disease shall bury it at a depth of at least three feet or burn it within three hours before sunset of the day following the discovery of the animal.
Md. Code, Labor and Employment § 3-414 — MD Code / Article gle / Title 3 / Subtitle 4 / Section 3-414
§3–414.
Status: in_force

(a) In this section, “federal certificate” means a certificate that the United States Department of Labor issues to a work activities center or other sheltered workshop to allow the workshop to pay an individual less than the wage otherwise required for that individual under the federal Act.

(b) (1) Beginning October 1, 2020, the Commissioner may not authorize a work activities center or other sheltered workshop to pay an employee with a disability less than the minimum wage otherwise required under this subtitle for the employee.

(2) Beginning October 1, 2020, a work activities center or workshop may pay an employee with a disability less than the federal prevailing wage of pay to the extent authorized by federal law if the work activities center or other sheltered workshop:

(i) was authorized by the Commissioner before October 1, 2016, to pay an employee with a disability less than the minimum wage that was otherwise required under this subtitle for the employee through the acceptance of a federal certificate; and

(ii) the work activities center or workshop maintains the federal certificate.

(c) The Commissioner shall accept a federal certificate if a work activities center or other sheltered workshop submits that certificate to the Commissioner within 10 days after the workshop receives the certificate.

(d) (1) Each certificate that the Commissioner issues under this section shall state the period for which the certificate is in effect.

(2) The acceptance of a federal certificate does not apply automatically to an individual whom a work activities center or other sheltered workshop continues to employ after the individual completes a training program that the workshop runs.

(e) (1) The Commissioner may revoke acceptance of a federal certificate if:

(i) the United States Department of Labor revokes the federal certificate; or

(ii) at any time before revocation by the Department of Labor and after an investigation and hearing, the Commissioner finds good cause to revoke the acceptance.

(2) The Commissioner shall send notice of a hearing under this subsection, by certified mail, to the holder of the federal certificate at least 30 days before the hearing.
Md. Code, Financial Institutions § 3-518 — MD Code / Article gfi / Title 3 / Subtitle 5 / Section 3-518
§3–518.
Status: in_force

(a) A trust company may register in the name of a nominee any assets of a common trust fund that it administers.

(b) The nominee may be either an individual or a partnership.

(c) A trust company that registers assets in the name of a nominee shall:

(1) Show the assets and the name of the nominee on its records; and

(2) If the nominee is operated or controlled by the trust company, supervise any possession or control of the assets by the nominee.

(d) A transfer agent or registrar of a corporation whose stocks, bonds, securities, or other obligations are registered in the name of a nominee under this section is not required to investigate and may not be held liable for treating the nominee as the owner of the assets.
Md. Code, Correctional Services § 3-608 — MD Code / Article gcs / Title 3 / Subtitle 6 / Section 3-608
§3–608.
Status: in_force

(a) To increase efficiency in the treatment, management, and rehabilitation of incarcerated individuals confined in correctional facilities in the Division, the Division and the Division of Parole and Probation shall exchange records and any other pertinent information that relates to an incarcerated individual.

(b) The Division and the Division of Parole and Probation shall establish the procedures and methods for the exchange of records and other information described in subsection (a) of this section.
Md. Code, Business Regulation § 3-403 — MD Code / Article gbr / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

(a) (1) An amusement owner shall obtain insurance against liability for injury to an individual that arises out of the use of an amusement attraction.

(2) The insurance shall be in the amount of at least:

(i) $350,000 for an amusement ride that operates by mechanical means; or

(ii) $200,000 for:

1. an amusement ride that operates only by human power or gravity, including a water slide or water flume; or

2. any other amusement attraction.

(b) An amusement owner shall obtain insurance from an insurer or surety that is acceptable to the State Insurance Commissioner.

(c) (1) A county where an amusement attraction is located may buy, on behalf of a nonprofit organization, the amount of insurance required under this section for the amusement attraction.

(2) A county that merely buys insurance for an amusement owner is immune from liability under § 5–516 of the Courts and Judicial Proceedings Article.

(d) (1) This subsection applies to a nonprofit community service corporation that:

(i) is incorporated under Maryland law;

(ii) is authorized to collect charges or assessments by a covenant running with the land; and

(iii) has gross annual revenues of at least $15,000,000.

(2) A nonprofit community service corporation complies with the insurance requirements of this section for an amusement attraction that the corporation owns and operates if the corporation is self–insured for at least $1,000,000 against liability for injury that arises out of the use of the amusement attraction:

(i) under regulations that the State Insurance Commissioner adopts; or

(ii) until the State Insurance Commissioner adopts regulations, with the approval of the State Insurance Commissioner, if the corporation is authorized by a covenant running with the land to collect a payment or charge based on the value of real property.

(3) A nonprofit community service corporation that elects to self–insure shall submit periodically in writing to the State Insurance Commissioner the conditions of self–insurance.

(4) The conditions of self–insurance must:

(i) be approved by the State Insurance Commissioner; and

(ii) conform with the conditions of comprehensive liability insurance policies available in the private market.
Md. Code, Environment § 3-401 — MD Code / Article gen / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: in_force

(a) Except as otherwise provided by law, the Department shall adopt environmental noise standards, sound level limits, and noise control rules and regulations as necessary to protect the public health, the general welfare, and property.

(b) In adopting environmental noise standards, the Department or a political subdivision that chooses to adopt environmental noise standards shall consider:

(1) Information published by the Administrator of the United States Environmental Protection Agency on the levels of environmental noise that must be attained and maintained in defined areas under various conditions to protect public health and welfare with an adequate margin of safety; and

(2) Scientific information about the volume, frequency, duration, and other characteristics of noise that may harm public health, safety, or general welfare, including:

(i) Temporary or permanent hearing loss;

(ii) Interference with sleep, speech communication, work, or other human activities;

(iii) Adverse physiological responses;

(iv) Psychological distress;

(v) Harm to animal life;

(vi) Devaluation of or damage to property; and

(vii) Unreasonable interference with the enjoyment of life or property.

(c) (1) In adopting sound level limits and noise control rules and regulations, the Department or the political subdivision shall consider, among other things:

(i) The residential, commercial, or industrial nature of the area affected;

(ii) Zoning;

(iii) The nature and source of various kinds of noise;

(iv) The degree of noise reduction that may be attained and maintained using the best available technology;

(v) Accepted scientific and professional methods for measurement of sound levels; and

(vi) The cost of compliance with the sound level limits.

(2) The sound level limits adopted under this subsection shall be consistent with the environmental noise standards adopted by the Department.

(3) The sound level limits and noise control rules and regulations adopted under this subsection may not prohibit trapshooting or other target shooting on any range or other property in Frederick County that the Frederick County Department of Planning and Zoning has approved as a place for those sporting events.

(4) The sound level limits and noise control rules and regulations adopted under this subsection shall be as follows for residential heat pumps and air conditioning units:

(i) Residential heat pumps 75 dba; and

(ii) Residential air conditioning units 70 dba.

(5) (i) The sound level limits and noise control rules and regulations adopted under this subsection may not prohibit trapshooting, skeetshooting, or other target shooting between the hours of 9 a.m. and 10 p.m. on any range or other property of a shooting sports club that is chartered and in operation as of January 1, 2001.

(ii) This paragraph does not apply in Allegany County, Anne Arundel County, Baltimore City, Calvert County, Charles County, Garrett County, Howard County, Montgomery County, St. Mary’s County, and Washington County.

(6) (i) Except as provided in subparagraph (ii) of this paragraph, the Department may not adopt sound level limits and noise control rules and regulations under this subsection that prohibit trapshooting, skeetshooting, or other target shooting between the hours of 9 a.m. and 10 p.m. in Allegany County, Anne Arundel County, Garrett County, or Washington County on any range or other property of a shooting sports club that is chartered and in operation as of January 1, 2005.

(ii) 1. Subject to the provisions of subsubparagraph 2 of this subparagraph, the Department may adopt sound level limits and noise control rules and regulations under this subsection that prohibit trapshooting, skeetshooting, or other target shooting between the hours of 9 a.m. and 10 p.m. in Allegany County, Anne Arundel County, Garrett County, or Washington County on any range or other property of a shooting club that the Department determines is not in compliance as of January 1, 2005 with environmental noise standards, sound level limits, or noise control rules and regulations adopted under this title.

2. A sound level limit or noise control rule or regulation adopted under this subsection shall allow trapshooting, skeetshooting, and other target shooting between the hours of 9 a.m. and 10 p.m. by a shooting sports club that the Department determines has become compliant with sound level limits and noise control rules and regulations adopted under this title.

(7) (i) In this paragraph, “main stage” means the primary and usual performance space used by artists or other persons at an outdoor concert venue with a fixed–seat capacity for 4,000 or more individuals.

(ii) Except as provided in subparagraph (iv) of this paragraph, in Howard County, the sound level limits and noise control rules and regulations adopted under this subsection may not prohibit the electronic amplification of sound at an outdoor concert venue with a capacity of over 15,000 individuals that:

1. Within the area that is included in a 0.25 mile radius of the main stage of the venue, produces sound that, at a residential property line, is:

A. 85 dba or lower between 9:00 a.m. and 11:00 p.m.; and

B. 55 dba or lower between 11:00 p.m. and 11:30 p.m.;

2. Within the area that is between a 0.25 mile radius and a 0.75 mile radius of the main stage of the venue, produces sound that, at a residential property line, is:

A. 72.5 dba or lower between 9:00 a.m. and 11:00 p.m.; and

B. 55 dba or lower between 11:00 p.m. and 11:30 p.m.; and

3. Within the area that is outside a 0.75 mile radius of the main stage of the venue, produces sound that, at a residential property line, is:

A. 65 dba or lower between 9:00 a.m. and 11:00 p.m.; and

B. 55 dba or lower between 11:00 p.m. and 11:30 p.m.

(iii) The limitations concerning the electronic amplification of sound at an outdoor concert venue under subparagraph (ii) of this paragraph apply even if the concert venue uses one or more satellite stages for an event at the venue.

(iv) 1. Except as provided in subsubparagraph 2 of this subparagraph, an outdoor concert venue with a capacity of over 15,000 individuals may not produce any electronic amplification of sound between 11:30 p.m. and 9:00 a.m.

2. The limitations concerning the electronic amplification of sound at an outdoor concert venue under subsubparagraph 1 of this subparagraph do not apply to an activity sponsored or authorized by the Howard County Public School System between 8:00 a.m. and 9:00 a.m.

(v) Notwithstanding § 3–105(a)(1) and (2) of this title, the noise control ordinances, rules, or regulations adopted by Howard County and in effect on October 1, 2013, do not apply to the electronic amplification of sound at an outdoor concert venue in the county with a capacity of over 15,000 individuals.

(d) (1) This section does not authorize the Department to adopt environmental noise standards, sound level limits, or noise control rules and regulations that apply to noise from:

(i) Construction or repair work on public property;

(ii) Fire or rescue station alerting devices; or

(iii) In Frederick County or Frederick City:

1. A fair listed in the Maryland Agricultural Fairs and Shows Schedule that is maintained by the Maryland Agricultural Fair Board; or

2. Any other event held on the same grounds as a fair under item 1 of this item.

(2) Noise control rules and regulations that apply to Department of Transportation facilities shall be adopted by the Department of Transportation.
Md. Code, Public Safety § 3-602 — MD Code / Article gps / Title 3 / Subtitle 6 / Section 3-602
§3–602.
Status: in_force

On or before October 1, 2008, all law enforcement agencies in the State shall begin using a uniform report form developed by the Police Training and Standards Commission in accordance with § 3–207 of this title when taking a missing person report.
Md. Code, Labor and Employment § 3-907 — MD Code / Article gle / Title 3 / Subtitle 9 / Section 3-907
§3–907.
Status: in_force

(a) If, after investigation, the Commissioner determines that an employer failed to properly classify an individual as an employee in violation of § 3–903 of this subtitle, or knowingly failed to properly classify as an employee an employee in violation of § 3–904 of this subtitle, and issues a citation, the Commissioner shall notify the Comptroller, the Office of Unemployment Insurance, the Insurance Administration, and the Workers’ Compensation Commission to enable these agencies to assure an employer’s compliance with their laws, utilizing their own definitions, standards, and procedures.

(b) (1) An employer found in violation of § 3–903 of this subtitle by a final order of a court or an administrative unit shall be required, within 45 days after the final order:

(i) to pay restitution to any individual not properly classified; and

(ii) to otherwise come into compliance with all applicable labor laws, including those related to income tax withholding, unemployment insurance, wage laws, and workers’ compensation.

(2) The requirement for compliance with applicable labor laws under paragraph (1)(ii) of this subsection may include requiring the employer to enter into an agreement, within 45 days after the final order, with a governmental unit for payment of any amounts owed by the employer to the unit.

(3) The requirement for compliance with applicable labor laws under paragraph (1)(ii) of this subsection:

(i) may not require payments for more than a 12–month period; and

(ii) may not require payments due for a period before the 12–month period before the citation was issued.

(c) An employer found in violation of § 3–904 of this subtitle by a final order of a court or an administrative unit shall be required, within 45 days after the final order:

(1) to pay restitution to any individual not properly classified; and

(2) to otherwise come into compliance with all applicable labor laws, including those related to income tax withholding, unemployment insurance, wage laws, and workers’ compensation.
Md. Code, Labor and Employment § 3-802 — MD Code / Article gle / Title 3 / Subtitle 8 / Section 3-802
§3–802.
Status: in_force

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

(2) “Bereavement leave” means leave an employee is allowed to use on the death of a member of the employee’s immediate family.

(3) “Child” means:

(i) for the purposes of leave provided under subsection (d)(1)(i) of this section, an adopted, biological, or foster child, a stepchild, or a legal ward who is:

1. under the age of 18 years; or

2. at least 18 years old and incapable of self–care due to a mental or physical disability; or

(ii) for the purposes of bereavement leave under subsection (d)(1)(ii) of this section, an adopted, biological, or foster child, a stepchild, or a legal ward.

(4) (i) “Employer” means a person that is engaged in a business, industry, profession, trade, or other enterprise in the State.

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

(5) “Immediate family” means a child, spouse, or parent.

(6) (i) “Leave with pay” means paid time away from work that is earned and available to an employee:

1. based on hours worked; or

2. as an annual grant of a fixed number of hours or days of leave for performance of service.

(ii) “Leave with pay” includes sick leave, vacation time, paid time off, and compensatory time.

(iii) “Leave with pay” does not include:

1. a benefit provided under an employee welfare benefit plan subject to the federal Employee Retirement Income Security Act of 1974;

2. an insurance benefit, including benefits from an employer’s self–insured plan;

3. workers’ compensation;

4. unemployment compensation;

5. a disability benefit; or

6. a similar benefit.

(7) “Parent” means an adoptive, biological, or foster parent, a stepparent, a legal guardian, or a person standing in loco parentis.

(b) (1) This section applies to an employee who is primarily employed in the State.

(2) This section applies to an employer that:

(i) provides leave with pay under the terms of a collective bargaining agreement or an employment policy; and

(ii) employs 15 or more employees for each working day in each of 20 or more calendar weeks in the current or preceding calendar year.

(c) The purpose of subsection (d)(1)(i) is to allow an employee of an employer to use leave with pay to care for an immediate family member who is ill under the same conditions and policy rules that would apply if the employee took leave for the employee’s own illness.

(d) (1) An employee of an employer may use leave with pay for:

(i) the illness of the employee’s immediate family; or

(ii) bereavement leave.

(2) An agreement between an employer and employee to waive the provisions of this section is void.

(e) (1) An employee of an employer:

(i) may only use leave with pay under this section that has been earned; and

(ii) who earns more than one type of leave with pay may elect the type and amount of leave with pay to be used under this section.

(2) Except as provided in paragraph (3) of this subsection, an employee of an employer who uses leave under this section shall comply with the terms of a collective bargaining agreement or employment policy.

(3) If the terms of a collective bargaining agreement with an employer or an employment policy of an employer provide a leave with pay benefit that is equal to or greater than the benefit provided under this section, the collective bargaining agreement or employment policy prevails.

(f) An employer may not discharge, demote, suspend, discipline, or otherwise discriminate against an employee or threaten to take any of these actions against an employee because the employee:

(1) has requested leave authorized under this section;

(2) has taken leave authorized under this section;

(3) has opposed a practice made unlawful by this section; or

(4) has made a charge, testified, assisted, or participated in an investigation, proceeding, or hearing under this section.

(g) This section does not:

(1) extend the maximum period of leave an employee has under the federal Family and Medical Leave Act of 1993; or

(2) limit the period of leave to which an employee is entitled under the federal Family and Medical Leave Act of 1993.

(h) (1) Whenever the Commissioner determines that this section has been violated, the Commissioner shall:

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

(ii) ask the Attorney General to bring an action on behalf of the applicant or employee.

(2) The Attorney General may bring an action under this subsection in the county where the violation allegedly occurred for injunctive relief, damages, or other relief.
Md. Code, Tax - Property § 3-104 — MD Code / Article gtp / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: in_force

From among the regular members of each board, the Governor shall appoint a chairman for each board.
Md. Code, Financial Institutions § 3-207 — MD Code / Article gfi / Title 3 / Subtitle 2 / Section 3-207
§3–207.
Status: in_force

In addition to the powers set forth elsewhere in this article, a trust company may:

(1) Receive deposits of money, securities, and other personal property from any person;

(2) Act as the agent of any foreign or Maryland corporation for any lawful purpose;

(3) Act as the fiscal or transfer agent of any state, any political subdivision of any state, or any corporation;

(4) Accept and execute any trust and any powers that are conferred on or entrusted to it in any manner, including any grant, assignment, transfer, devise, or bequest by any person or by order of a court;

(5) Accept and hold trust property;

(6) Act as trustee under a mortgage or bond issue of a corporation or political subdivision;

(7) Act as personal representative of the estate of any deceased individual; and

(8) Act as guardian, receiver, or trustee of the estate of any person under order or appointment of a court and as depositary of money paid to the court for the benefit of the person.
Md. Code, Labor and Employment § 3-1103 — MD Code / Article gle / Title 3 / Subtitle 11 / Section 3-1103
§3–1103.
Status: in_force

(a) An employer may dispute a lien for unpaid wages by filing a complaint in the circuit court for the county where property of an employer is located.

(b) A complaint filed under this section shall:

(1) be filed within 30 days after notice is served on the employer; and

(2) include:

(i) the name of the employer that owes the employee the wages and the name of the employee to whom the wages are owed;

(ii) a copy of the notice to establish a lien for unpaid wages served on the employer under § 3–1102 of this subtitle;

(iii) a statement of any defense to the lien for unpaid wages; and

(iv) an affidavit containing a statement of facts that support any defenses raised.

(c) The employer or employee may request an evidentiary hearing.

(d) If an employer files a complaint, the circuit court shall determine whether to issue an order establishing a lien for unpaid wages:

(1) within 45 days after the date on which the complaint was filed; and

(2) based on a preponderance of the evidence in which the employee has the burden of proof to establish the lien for unpaid wages.

(e) (1) If a circuit court issues an order to establish a lien for unpaid wages, the employee is entitled to court costs and reasonable attorney’s fees.

(2) If a circuit court determines the effort to establish a lien for unpaid wages to have been frivolous or made in bad faith, the court may award court costs and reasonable attorney’s fees to an employer.
Md. Code, Criminal Procedure § 3-106 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-106
§3–106.
Status: in_force

(a) (1) In this section, “designated health care facility” means:

(i) a State facility as defined in § 10–101 of the Health – General Article;

(ii) a State forensic residential center; or

(iii) a hospital or private residential facility under contract with the Health Department to house and treat individuals found to be incompetent to stand trial or not criminally responsible.

(2) “Designated health care facility” does not include a correctional or detention facility or a unit within a correctional or detention facility.

(b) If, after a hearing, the court finds that the defendant is incompetent to stand trial but is not dangerous, as a result of a mental disorder or an intellectual disability, to self or the person or property of others, the court may set bail for the defendant or authorize release of the defendant on recognizance.

(c) (1) (i) If, after a hearing, the court finds that the defendant is incompetent to stand trial and, because of a mental disorder or an intellectual disability, is a danger to self or the person or property of another, the court shall order the defendant committed to the facility that the Health Department designates until the court finds that:

1. the defendant no longer is incompetent to stand trial;

2. the defendant no longer is, because of a mental disorder or an intellectual disability, a danger to self or the person or property of others; or

3. there is not a substantial likelihood that the defendant will become competent to stand trial in the foreseeable future.

(ii) If a court commits the defendant because of an intellectual disability, the Health Department shall require the Developmental Disabilities Administration to provide the care or treatment that the defendant needs.

(2) If the court commits a defendant to the Health Department under paragraph (1) of this subsection, the Health Department shall:

(i) admit the defendant to a designated health care facility as soon as possible, but not later than 10 business days after the Health Department receives the order of commitment; and

(ii) notify the court of the date on which the defendant was admitted to the designated health care facility.

(3) If the court commits the defendant under paragraph (1) of this subsection because of a mental disorder, the court may order the Health Department, as soon as possible after the defendant’s admission, but not to exceed 48 hours, to:

(i) evaluate the defendant;

(ii) develop a prompt plan of treatment for the defendant under § 10–706 of the Health – General Article; and

(iii) evaluate whether there is a substantial likelihood that, without immediate treatment, including medication, the defendant will remain a danger to self or the person or property of another.

(4) If the Health Department fails to admit a defendant to a designated health care facility within the time period specified in paragraph (2)(i) of this subsection, the court may impose any sanction reasonably designed to compel compliance, including requiring the Health Department to reimburse a detention facility for expenses and costs incurred in retaining the defendant beyond the time period specified in paragraph (2)(i) of this subsection at the daily rate specified in § 9–402(b) of the Correctional Services Article.

(d) (1) To determine whether the defendant continues to meet the criteria for commitment set forth in subsection (c) of this section, the court shall hold a hearing:

(i) every year from the date of commitment;

(ii) within 30 days after the filing of a motion by the State’s Attorney or counsel for the defendant setting forth new facts or circumstances relevant to the determination; and

(iii) within 10 business days after receiving a report from the Health Department stating opinions, facts, or circumstances that have not been previously presented to the court and are relevant to the determination.

(2) At any time, and on its own initiative, the court may hold a conference or a hearing on the record with the State’s Attorney and the counsel of record for the defendant to review the status of the case.

(e) At a competency hearing under subsection (d) of this section, if the court finds that the defendant is incompetent and is not likely to become competent in the foreseeable future, the court shall:

(1) civilly commit the defendant as an inpatient in a medical facility that the Health Department designates provided the court finds by clear and convincing evidence that:

(i) the defendant has a mental disorder;

(ii) inpatient care is necessary for the defendant;

(iii) the defendant presents a danger to the life or safety of self or others;

(iv) the defendant is unable or unwilling to be voluntarily committed to a medical facility; and

(v) there is no less restrictive form of intervention that is consistent with the welfare and safety of the defendant; or

(2) order the confinement of the defendant for 21 days as a resident in a Developmental Disabilities Administration facility for the initiation of admission proceedings under § 7–503 of the Health – General Article provided the court finds that the defendant, because of an intellectual disability, is a danger to self or others.

(f) The provisions under Title 10 of the Health – General Article shall apply to the continued retention of a defendant civilly committed under subsection (e) of this section.

(g) (1) For a defendant who has been found incompetent to stand trial but not dangerous, as a result of a mental disorder or an intellectual disability, to self or the person or property of others, and released on bail or on recognizance, the court:

(i) shall hold a hearing annually from the date of release;

(ii) may hold a hearing, at any time, on its own initiative; or

(iii) shall hold a hearing, at any time, upon motion of the State’s Attorney or the counsel for the defendant.

(2) At a hearing under paragraph (1) of this subsection, the court shall reconsider whether the defendant remains incompetent to stand trial or a danger to self or the person or property of another because of a mental disorder or an intellectual disability.

(3) At a hearing under paragraph (1) of this subsection, the court may modify or impose additional conditions of release on the defendant.

(4) If the court finds, at a hearing under paragraph (1) of this subsection, that the defendant is incompetent and is not likely to become competent in the foreseeable future and is a danger to self or the person or property of another because of a mental disorder or an intellectual disability, the court shall revoke the pretrial release of the defendant and:

(i) civilly commit the defendant in accordance with subsection (e)(1) of this section; or

(ii) order confinement of the defendant in accordance with subsection (e)(2) of this section.

(h) If the defendant is found incompetent to stand trial, defense counsel may make any legal objection to the prosecution that may be determined fairly before trial and without the personal participation of the defendant.

(i) The court shall notify the Criminal Justice Information System Central Repository of any commitment ordered or release authorized under this section and of any determination that a defendant is no longer incompetent to stand trial.
Md. Code, Real Property § 3-601 — MD Code / Article grp / Title 3 / Subtitle 6 / Section 3-601
§3–601.
Status: in_force

(a) (1) In this subsection, “page” means one side of a leaf not larger than 8 1/2 inches wide by 14 inches long, or any portion of it.

(2) Except as provided in paragraph (4) of this subsection, before recording an instrument among the land or financing records, a clerk shall collect:

(i) $10 for a release 9 pages or less in length;

(ii) $20 for any other instrument 9 pages or less in length;

(iii) Except as provided in item (i) of this paragraph, $20 for an instrument, regardless of length, involving solely a principal residence; and

(iv) $75 for any other instrument 10 pages or more in length.

(3) The recording costs under this subsection shall also apply to instruments required to be recorded in the financing statement records of the State Department of Assessments and Taxation.

(4) A clerk may not collect a fee for the recordation of:

(i) A restrictive covenant modification executed under § 3–112 of this title; or

(ii) An amendment to the common area deeds or other declarations of a homeowners association that deletes a recorded covenant or restriction that restricts ownership based on race, religious belief, or national origin in accordance with § 11B–113.3 of this article.

(b) (1) A person who submits a written refund claim for recording fees, including any recording surcharge, that have been overpaid to the clerk of a circuit court, is eligible for a refund of the amount overpaid from the clerk that collected the fees.

(2) A claim for a refund under paragraph (1) of this subsection shall be as required by regulations adopted by the State Court Administrator.
Md. Code, Criminal Law § 3-805.1 — MD Code / Article gcr / Title 3 / Subtitle 8 / Section 3-805.1
§3–805.
Status: in_force

§3–805.1.

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

(2) “Commercial electronic mail message” means an electronic message sent primarily for the purpose of commercial advertisement or promotion of:

(i) a commercial product;

(ii) a commercial service;

(iii) the content on an Internet website; or

(iv) a website operated for a commercial purpose.

(3) “Domain name” means any alphanumeric designation that is registered with or assigned by a domain name registrar, domain name registry, or other domain name registration authority as part of an electronic mail address on the Internet.

(4) “Electronic mail service provider” means any person, including an Internet service provider, that is an intermediary in sending and receiving electronic mail and that provides to the public the ability to send or receive electronic mail to or from an electronic mail account or online user account.

(5) “Financial institution” has the same meaning as provided in § 1–101 of the Financial Institutions Article.

(6) “Header information” means the source, destination, and routing information attached to an electronic mail message, including the originating domain name and originating electronic mail address, and any other information that appears in the line identifying or purporting to identify a person initiating the message, and technical information that authenticates the sender of an electronic mail message for network security or network management purposes.

(7) The term “initiate”, when used with respect to a commercial electronic mail message, means to originate or transmit the message or to procure the origination or transmission of the message and does not include actions that constitute routine conveyance of such message.

(8) “Internet” means the international computer network of both federal and nonfederal interoperable packet switched data networks.

(9) “Internet protocol address” means the string of numbers by which a location on the Internet is identified by routers or other computers connected to the Internet.

(10) “Materially falsified” means altered or concealed in a manner that would impair the ability of one of the following to identify, locate, or respond to a person who initiated an electronic mail message or to investigate an alleged violation of this section:

(i) a recipient of the message;

(ii) an Internet access service processing the message on behalf of a recipient;

(iii) a person alleging a violation of this section; or

(iv) a law enforcement agency.

(11) “Multiple” means:

(i) more than 10 commercial electronic mail messages during a 24–hour period;

(ii) more than 100 commercial electronic mail messages during a 30–day period; or

(iii) more than 1,000 commercial electronic mail messages during a 1–year period.

(12) “Protected computer” means a computer used in intrastate or interstate communication.

(13) “Routine conveyance” means the transmission, routing, relaying, handling, or storing, through an automatic technical process, of an electronic mail message for which another person has identified the recipients or provided the recipient addresses.

(b) A person may not conspire to or knowingly:

(1) use a protected computer of another to relay or retransmit multiple commercial electronic mail messages with the intent to deceive or mislead recipients or an electronic mail service provider as to the origin of the message;

(2) materially falsify header information in multiple commercial electronic mail messages and intentionally initiate the transmission of the messages;

(3) register, using information that materially falsifies the identity of the actual registrant, for 15 or more electronic mail accounts or online user accounts or two or more domain names and intentionally initiate the transmission of multiple commercial electronic mail messages from one or any combination of accounts or domain names;

(4) falsely represent the right to use five or more Internet protocol addresses and intentionally initiate the transmission of multiple commercial electronic mail messages from the Internet protocol addresses;

(5) access a protected computer of another without authorization, and intentionally initiate the transmission of multiple electronic mail advertisements from or through the protected computer;

(6) violate item (1), (2), (3), (4), or (5) of this subsection by providing or selecting addresses to which a message was transmitted, knowing that:

(i) the electronic mail addresses of the recipients were obtained using an automated means from an Internet website or proprietary online service operated by another person; and

(ii) the website or online service included, at the time the addresses were obtained, a notice stating that the operator of the website or online service will not transfer addresses maintained by the website or online service to any other party for the purposes of initiating or enabling others to initiate electronic mail messages; or

(7) violate item (1), (2), (3), (4), or (5) of this subsection by providing or selecting electronic mail addresses of recipients obtained using an automated means that generates possible electronic mail addresses by combining names, letters, or numbers into numerous permutations.

(c) (1) A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.

(2) A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section involving the transmission of more than 250 commercial electronic mail messages during a 24–hour period, 2,500 commercial electronic mail messages during any 30–day period, or 25,000 commercial electronic mail messages during any 1–year period is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

(3) A person who violates subsection (b)(3) of this section involving 20 or more electronic mail accounts or 10 or more domain names and intentionally initiates the transmission of multiple commercial electronic mail messages from the accounts or using the domain names is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

(4) A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section that causes a loss of $500 or more during any 1–year period is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

(5) A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section in concert with three or more other persons as the leader or organizer of the action that constitutes the violation is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

(6) A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section in furtherance of a felony, or who has previously been convicted of an offense under the laws of this State, another state, or under any federal law involving the transmission of multiple commercial electronic mail messages is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both.

(7) A person who violates subsection (b)(6) or (7) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $5,000 or both.

(d) In addition to any other sentence authorized by law, the court may direct that a person convicted of a violation of this section forfeit to the State:

(1) any money and other income, including all proceeds earned but not yet received by a defendant from a third party as a result of the defendant’s violation of this section; and

(2) all computer equipment, computer software, and personal property used in connection with a violation of this section known by the owner to have been used in violation of this section.

(e) (1) An action brought under this subsection shall be commenced within 2 years after the commission of the act.

(2) The Attorney General may institute a civil action against a person who violates this section to recover a civil penalty not exceeding:

(i) $25,000 per day of violation; or

(ii) not less than $2 nor more than $8 per commercial electronic mail message initiated in violation of this section.

(3) The Attorney General may seek an injunction in a civil action to prohibit a person who has engaged in or is engaged in a violation of this section from engaging in the violation.

(4) The Attorney General may enforce criminal violations of this section.

(f) Nothing in this section shall be construed to have any effect on the lawfulness of the adoption, implementation, or enforcement by an electronic mail service provider of a policy of declining to transmit, route, relay, handle, or store certain types of electronic mail messages under any other provision of law.
Md. Code, State Finance and Procurement § 3-203 — MD Code / Article gsf / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

(a) (1) With the approval of the Governor, the Secretary shall appoint a Deputy Secretary.

(2) The Deputy Secretary:

(i) is in the executive service of the State Personnel Management System and serves at the pleasure of the Secretary;

(ii) is entitled to the salary provided in the State budget; and

(iii) has the duties provided by law or delegated by the Secretary.

(b) (1) The Secretary shall appoint 1 or more budget analysts.

(2) The budget analysts shall:

(i) continually conduct studies of all budget expenditures of units of the Executive Branch of the State government;

(ii) make recommendations to the Secretary for greater efficiency and economy in those units; and

(iii) perform any other duties that the Secretary assigns.

(c) (1) The Secretary may employ a staff in accordance with the State budget.

(2) Each assistant secretary and professional consultant is in the executive service, management service, or is a special appointment in the State Personnel Management System and is appointed by and serves at the pleasure of the Secretary.

(3) Except as provided in this section or otherwise by law, the Secretary shall appoint and remove all other staff in accordance with the provisions of the State Personnel and Pensions Article.

(4) The appointment or removal of staff of any unit in the Department is subject to the approval of the Secretary.
Md. Code, Education § 3-1302 — MD Code / Article ged / Title 3 / Subtitle 13 / Section 3-1302
§3–1302.
Status: in_force

(a) (1) The president of the county board and the other members are entitled to receive compensation annually as set by the County Commissioners of Washington County under Title 28, Subtitle 2 of the Local Government Article.

(2) Each member of the Washington County Board of Education is entitled to health insurance and to other fringe benefits regularly provided to employees of the board of education.

(b) After submitting vouchers, members shall be reimbursed for travel and other expenses within the limit set by the Washington County Commissioners.