Md. Code, Alcoholic Beverages and Cannabis § 23-1601 — MD Code / Article gab / Title 23 / Subtitle 16 / Section 23-1601
§23–1601.
Status: in_force

(a) This section does not apply to a Class A license issued for use in an existing shopping center or in a proposed shopping center development for which a building permit has been issued that contains 200,000 or more square feet of commercial retail space.

(b) (1) The Board may issue up to six Class A licenses in each election district in the county.

(2) Notwithstanding paragraph (1) of this subsection, the Board may issue more than six Class A licenses in an election district, provided that the total number of Class A licenses in any election district does not exceed one Class A license of any type for every 4,000 residents of the election district, as determined by the latest federal census.
Md. Code, Insurance § 23-207 — MD Code / Article gin / Title 23 / Subtitle 2 / Section 23-207
§23–207.
Status: in_force

Each premium finance company:

(1) shall maintain records of its premium finance transactions for at least 3 years after making the final entry with respect to a premium finance agreement;

(2) shall allow the Commissioner to examine the records; and

(3) may keep the records in photographic, imaging, microfilm, microfiche, electronic data processing, computer, or facsimile form.
Md. Code, Alcoholic Beverages and Cannabis § 23-1312 — MD Code / Article gab / Title 23 / Subtitle 13 / Section 23-1312
§23–1312.
Status: in_force

The fee for a Class C per diem beer license, a Class C per diem beer and light wine license, and a Class C beer, wine, and liquor license is $15 per day.
Md. Code, State Personnel and Pensions § 23-307.5 — MD Code / Article gsp / Title 23 / Subtitle 3 / Section 23-307.5
§23–307.
Status: in_force

§23–307.5.

(a) This section applies only to a former member, member, retiree, or surviving beneficiary of the Employees’ Pension System who, while a member, was an employee of a participating governmental unit that elected the Alternate Contributory Pension Selection for its employees under § 31-116.1 of this article.

(b) Except as provided in subsection (c) of this section, a member who is subject to the Alternate Contributory Pension Selection under Subtitle 2, Part III of this title may purchase credit for eligibility service for the period of employment from July 1, 2006, through the effective date of election of the member’s participating employer, by paying to the Board of Trustees:

(1) on or before June 30, 2007, the amount the member would have been required to contribute for that period of employment; or

(2) on or after July 1, 2007, the amount the member would have been required to contribute for that period of employment plus regular interest compounded annually.

(c) If the member fails to make the payment as provided under subsection (b) of this section, the Board of Trustees shall reduce actuarially the allowance payable to a former member, retiree, or surviving beneficiary of a deceased member, former member, or retiree.
Md. Code, Land Use § 23-401 — MD Code / Article glu / Title 23 / Subtitle 4 / Section 23-401
§23–401.
Status: in_force

(a) (1) Within 30 days after the county planning board takes final action on an application for subdivision approval, judicial review may be requested by:

(i) a person aggrieved by the action;

(ii) in Montgomery County, a person or municipal corporation that appeared at the hearing in person, by attorney, or in writing; or

(iii) in Prince George’s County, a municipal corporation that appeared at the hearing in person, by attorney, or in writing.

(2) A petition for judicial review filed under this section may be made to the circuit court for the appropriate county.

(3) The court may:

(i) affirm or reverse the action; or

(ii) remand the action to the county planning board for further consideration.

(b) (1) If a petition for judicial review is filed under this section, a copy of the petition shall be served on the county planning board in accordance with Maryland Rule 7–202(d).

(2) On receiving a copy of the petition, the county planning board shall:

(i) promptly give notice of the petition to all parties to the proceeding before it; and

(ii) within 30 days after the filing of the petition, file with the circuit court:

1. the originals or certified copies of all papers and evidence presented to the county planning board in the proceeding before it; and

2. a copy of its opinion and resolution deciding the application.

(3) Any party to the proceeding in the circuit court aggrieved by the judgment of the court may appeal from the judgment to the Appellate Court of Maryland.

(4) The review proceedings provided by this section are exclusive.
Md. Code, Education § 23-102.1 — MD Code / Article ged / Title 23 / Subtitle 1 / Section 23-102.1
§23–102.
Status: in_force

§23–102.1.

(a) (1) In this section, “library” includes:

(i) The State Library Resource Center;

(ii) A regional resource center;

(iii) A correctional facility library;

(iv) A county library system and the Enoch Pratt Free Library in Baltimore;

(v) The Maryland State Library for the Blind and Print Disabled;

(vi) The Maryland Deaf Culture Digital Library; and

(vii) A metropolitan cooperative service program.

(2) “Library” does not include a school library media program established by a local school system.

(b) It is the policy of the State that each library shall operate in a manner consistent with the following standards:

(1) Library materials, services, and resources exist and should be provided for the interest, information, and enlightenment of all persons the library serves;

(2) A library should not exclude material from its catalogue because of the origin, background, or views of a person who created the material; and

(3) A library should not prohibit or remove material from its catalogue because of partisan, ideological, or religious disapproval.

(c) It is the intent of the General Assembly that a library that receives funding from the State adopt and follow a written policy for operation of a library that is consistent with the State standards for libraries under subsection (b) of this section.
Md. Code, Education § 23-506 — MD Code / Article ged / Title 23 / Subtitle 5 / Section 23-506
§23–506.
Status: in_force

(a) The State Librarian shall authorize the payment of funds under this subtitle:

(1) To the board of library trustees of each county that has a board of trustees; or

(2) In each county that does not have a board of library trustees, to the county.

(b) (1) Current operating funds shall be administered by the county board of library trustees.

(2) Capital expense funds shall be administered by the county council, board of county commissioners, or Mayor and City Council of Baltimore City.

(c) (1) The funds provided under this subtitle may be used only for library purposes.

(2) The State Librarian shall require that these funds be used subject to:

(i) The adoption of a written policy for operation of the county library system consistent with the State standards for libraries by each board of library trustees or, if the county does not have a board of library trustees, the county government; and

(ii) Any other conditions specified by the appropriating agency or imposed under this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 23-210 — MD Code / Article gab / Title 23 / Subtitle 2 / Section 23-210
§23–210.
Status: in_force

(a) The Hearing Board shall:

(1) propose regulations to enable it to carry out its duties, including the issuance of licenses; and

(2) submit the proposed regulations to the Board of License Commissioners for approval.

(b) The Board of License Commissioners may adopt regulations to carry out this article.
Md. Code, Transportation § 23-305 — MD Code / Article gtr / Title 23 / Subtitle 3 / Section 23-305
§23–305.
Status: in_force

The Administration may suspend the registration of any vehicle that does not meet the requirements established under this subtitle.
Md. Code, Insurance § 23-103 — MD Code / Article gin / Title 23 / Subtitle 1 / Section 23-103
§23–103.
Status: in_force

(a) The Commissioner may conduct investigations and examine the books, records, and accounts of a person under this title to the same extent as is authorized with respect to insurers under this article.

(b) The expense of an examination shall be paid by the person examined as provided in § 2-208 of this article.

(c) The Commissioner or an examiner shall make a complete report of each investigation or examination as provided in § 2-209 of this article.
Md. Code, Education § 23-106 — MD Code / Article ged / Title 23 / Subtitle 1 / Section 23-106
§23–106.
Status: in_force

(a) In addition to any other powers granted and duties imposed by this title, and subject to the authority of the State Library Board, the State Library Agency has the powers and duties set forth in this section.

(b) The State Library Agency shall:

(1) Provide leadership and guidance for the planning and coordinated development of library and information service in this State;

(2) Develop statewide public and school library services and networks, resource centers, and other arrangements to meet the library and information needs of this State;

(3) Provide professional and technical advice on improving library services in this State to:

(i) Public and school library officials;

(ii) Higher education and special library officials;

(iii) State government agencies; and

(iv) Any other person;

(4) (i) Collect library statistics and other data;

(ii) Identify library needs and provide for needed research and studies of them; and

(iii) Coordinate library services with other information and education services and agencies;

(5) Administer federal and State funds appropriated to it by the State for library purposes;

(6) (i) Develop and recommend professional standards and policies for libraries; and

(ii) Establish requirements and procedures for the certification of librarians and library personnel;

(7) Provide:

(i) Specialized library service to the blind and other print disabled individuals in this State; and

(ii) Other desirable specialized library services;

(8) Encourage, advise, and assist in establishing, operating, and coordinating libraries at State institutions and agencies and administer the operation of library and information services for the State Library Board;

(9) Administer the State grant program for county public library capital projects, in accordance with § 23–509 of this title;

(10) Adopt guidelines for the administration of public libraries and recommend to the State Library Board rules and regulations to implement this title;

(11) Cooperate with national library agencies and those of any other state;

(12) Develop a Deaf Culture Digital Library in accordance with § 23–109 of this subtitle;

(13) Ensure that each library as defined in § 23–102.1 of this subtitle that receives State funds is operated in a manner consistent with the State standards for libraries; and

(14) Perform any other duty necessary for its proper operation.
Md. Code, Education § 23-302 — MD Code / Article ged / Title 23 / Subtitle 3 / Section 23-302
§23–302.
Status: in_force

(a) There is created, as part of the State Library Resource Center at the Enoch Pratt Free Library, a State Publications Depository and Distribution Program.

(b) This Program is responsible for:

(1) The collection of State publications;

(2) The distribution of State publications to the depository libraries;

(3) The monthly issuance of a list of all State publications that have been received by the Center. This list shall be sent to all depository libraries and to others upon request and the Center may provide for subscription services; and

(4) Making determinations on exemptions of State publications from the depository requirements of this subtitle.

(c) The Administrator of the Program shall be appointed by the Director of the State Library Resource Center.

(d) Funding for the Program shall be provided in the budget of the State Library Board in a program entitled State Publications Depository.
Md. Code, State Personnel and Pensions § 23-307.2 — MD Code / Article gsp / Title 23 / Subtitle 3 / Section 23-307.2
§23–307.
Status: in_force

§23–307.2.

(a) This section applies only to a former member, member, retiree, or surviving beneficiary of the Employees’ Pension System who, while a member, was an employee of Frederick County.

(b) Except as provided in subsection (d) of this section, a member who is subject to the contributory pension benefit under Subtitle 2, Part II of this title may purchase credit for eligibility service for the period of employment from July 1, 1998, through July 1, 2000, by paying to the Board of Trustees:

(1) on or before June 30, 2001, the amount the member would have been required to contribute for that period of employment; or

(2) on or after July 1, 2001, the amount the member would have been required to contribute for that period of employment plus regular interest compounded annually.

(c) Except as provided in subsection (d) of this section, a member who is subject to the Alternate Contributory Pension Selection under Subtitle 2, Part III of this title may purchase credit for eligibility service for the period of employment from July 1, 2006, through July 1, 2007, by paying to the Board of Trustees:

(1) on or before June 30, 2008, the amount the member would have been required to contribute for that period of employment; or

(2) on or after July 1, 2008, the amount the member would have been required to contribute for that period of employment plus regular interest compounded annually.

(d) If the member fails to make the payment as provided under subsection (b) or (c) of this section, the Board of Trustees shall reduce actuarially the allowance payable to a former member, retiree, or surviving beneficiary of a deceased member, former member, or retiree.
Md. Code, Alcoholic Beverages and Cannabis § 23-1706 — MD Code / Article gab / Title 23 / Subtitle 17 / Section 23-1706
§23–1706.
Status: in_force

The Board may not transfer an off–sale license for use in a business that is intended to be operated as a drive–through purchase facility where alcoholic beverages are to be sold at retail and dispensed through a window or door to a purchaser in or on a motor vehicle for off–premises consumption.
Md. Code, Alcoholic Beverages and Cannabis § 23-1314 — MD Code / Article gab / Title 23 / Subtitle 13 / Section 23-1314
§23–1314.
Status: in_force

(a) In this section, “entertainment venue” means a facility that is used as a cinema, theater, amphitheater, concert hall, or sports stadium.

(b) There is a Class D per diem entertainment venue beer, wine, and liquor license.

(c) The Board may issue the Class D per diem license to the holder of a Class D beer, wine, and liquor license for use in an entertainment venue that measures at least 200,000 square feet.

(d) (1) The Class D per diem license authorizes the license holder to sell beer, wine, and liquor on an immediately adjacent licensed premises for consumption on the premises of the holder of the per diem license and on the adjacent licensed premises.

(2) License holders are responsible for:

(i) all sale and consumption under their control or on their premises; and

(ii) compliance with all applicable provisions of this article and local laws and regulations.

(e) The Board may not issue the per diem license unless the property owner of the adjacent licensed premises provides the Board with a statement authorizing the use of the licensed premises.

(f) The license holder may sell beer, wine, and liquor Monday through Sunday from 10 a.m. to 11 p.m.

(g) The Board shall determine the license fee.
Md. Code, Land Use § 23-101 — MD Code / Article glu / Title 23 / Subtitle 1 / Section 23-101
§23–101.
Status: in_force

This title does not apply to a good–faith division or partition of exclusively agricultural land that is not made for development purposes.
Md. Code, Alcoholic Beverages and Cannabis § 23-205 — MD Code / Article gab / Title 23 / Subtitle 2 / Section 23-205
§23–205.
Status: reserved

(a) (1) The County Executive shall appoint five members to the Hearing Board subject to confirmation by the County Council in accordance with this section.

(2) One member shall be from each councilmanic district.

(3) Not more than three members may be registered with the same political party.

(4) (i) Each political party that polled at least 25% of the total vote cast for all candidates for the office of County Executive in the most recent general election shall have at least one representative on the Hearing Board.

(ii) If a political party that polled at least 25% of the total vote cast for all candidates for the office of County Executive in the most recent general election does not have at least one representative on the Hearing Board, the next vacancy on the Hearing Board shall be filled with an individual registered with that party.

(b) (1) Each member of the County Council shall nominate to the County Executive three qualified individuals who live in the district of the member of the County Council.

(2) The County Executive shall appoint to the Hearing Board one individual from the list of nominees that each member of the County Council submits.

(3) The County Council by resolution shall confirm the appointment of Hearing Board members.

(c) To qualify for appointment as a Hearing Board member, an individual shall be:

(1) of good moral character and integrity;

(2) a registered voter of the county immediately prior to the appointment; and

(3) at least 21 years old.

(d) (1) A Hearing Board member:

(i) may not hold another public office or be employed by the county government;

(ii) shall be a registered voter of the county during the Hearing Board member’s term of office; and

(iii) is subject to the public ethics laws of the county.

(2) Except as provided in paragraph (3) of this subsection, a Hearing Board member may not have a direct or indirect interest in:

(i) a premises where alcoholic beverages are manufactured or sold; or

(ii) a business wholly or partly devoted to the manufacture or sale of alcoholic beverages.

(3) A Hearing Board member may be a holder of a 1–day or 2–day license.

(e) (1) The term of a Hearing Board member is 5 years.

(2) The terms of the Hearing Board members are staggered as required by the terms provided for Hearing Board members on July 1, 2016.

(3) A Hearing Board member whose term has expired and who has served 8 or more consecutive years on the Hearing Board is not eligible for immediate reappointment to the Hearing Board.

(f) A Hearing Board member who is appointed to fill a vacancy shall serve the remainder of the unexpired term and until a successor is appointed and qualifies.

(g) The County Council may remove a Hearing Board member for:

(1) incompetence;

(2) misconduct;

(3) unprofessional conduct;

(4) dishonorable conduct;

(5) neglect of a duty required by law;

(6) failure to meet the qualifications of subsection (c) of this section; or

(7) a violation of subsection (d)(2) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 23-1903 — MD Code / Article gab / Title 23 / Subtitle 19 / Section 23-1903
§23–1903.
Status: in_force

(a) (1) The license holder or an individual designated by the license holder who is employed in a supervisory capacity shall:

(i) be certified by an approved alcohol awareness program; and

(ii) except as provided in paragraph (2) of this subsection, be present on the licensed premises during the hours in which alcoholic beverages may be sold.

(2) The license holder or individual specified in paragraph (1) of this subsection may be absent from the licensed premises for a personal or business reason or an emergency if the absence lasts for not more than 2 hours.

(3) The Board shall require the license holder to keep a log book on the licensed premises that documents each temporary absence, the length of time of the absence, and the reason for the absence, in the form that the Board requires.

(b) A license holder who violates this section is subject to:

(1) for a first offense, a $100 fine; and

(2) for each subsequent offense, a fine not exceeding $500 or a suspension or revocation of the license or both.
Md. Code, Public Utilities § 23-204 — MD Code / Article gpu / Title 23 / Subtitle 2 / Section 23-204
§23–204.
Status: in_force

The Commission may grant water or sewer service connections, hookups, or authorizations for service or otherwise extend water and sewer service to a new development in the Prince George’s County portion of the sanitary district only if the development is in conformance with adopted and approved plans, programs, and policies of the county or other regulations that the county may include in an adopted and approved comprehensive water and sewer plan, amendment, or revision.
Md. Code, Education § 23-911 — MD Code / Article ged / Title 23 / Subtitle 9 / Section 23-911
§23–911.
Status: in_force

(a) An employer may provide to a representative of the exclusive representative:

(1) Release time; and

(2) Access to routine services and facilities of the employer.

(b) The employer or its officers or agents may not:

(1) Interfere with, coerce, unduly influence, or restrain an employee’s exercise of rights under this subtitle;

(2) Except as provided in subsection (a) of this section, dominate, surveil, interfere with, assist in the formation, administration, or existence of, or contribute financial assistance or other support to an employee organization;

(3) Encourage or discourage membership in an employee organization by discriminating against an employee through hiring, tenure, promotion, or other conditions of employment;

(4) Refuse to bargain in good faith with an employee organization that is the exclusive representative of the employees; or

(5) Spend public money, use public resources, or provide assistance to an individual or group for a negative campaign against efforts by employees or an employee organization to:

(i) Gain or retain collective bargaining rights or to certify an employee organization as an exclusive representative; or

(ii) Certify an employee organization as an exclusive representative.

(c) An employee organization may not:

(1) Interfere with, coerce, unduly influence, or restrain an employee’s exercise of rights under this subtitle;

(2) Cause or attempt to cause the employer to discriminate against an employee because the employee exercises a right under this subtitle;

(3) Discipline or fine a member of the employee organization as punishment or reprisal;

(4) Discipline or fine a member of the employee organization for the purpose of impeding the member’s work performance;

(5) Refuse to bargain in good faith with the employer or to participate in good faith in a procedure under this subtitle; or

(6) Unfairly represent employees in collective bargaining or in any other matter in which the employee organization has the duty of fair representation.

(d) (1) An employee who is a member of a bargaining unit with a certified exclusive representative may, without the intervention of an employee organization, discuss any matter with the employer.

(2) This subsection does not waive the right of the employee organization to be the exclusive bargaining representative for issues related to wages, hours, and working conditions and is not intended to create an alternate path to alter terms and conditions of the collective bargaining agreement between the parties.
Md. Code, Alcoholic Beverages and Cannabis § 23-1803 — MD Code / Article gab / Title 23 / Subtitle 18 / Section 23-1803
§23–1803.
Status: in_force

Notwithstanding § 23–1502 of this title, the Board may renew a Class A or Class D beer license, beer and light wine license, or beer, wine, and liquor license originally issued to a holder of an out–of–state alcoholic beverages license.
Md. Code, State Personnel and Pensions § 23-202.1 — MD Code / Article gsp / Title 23 / Subtitle 2 / Section 23-202.1
§23–202.
Status: in_force

§23–202.1.

A nonfaculty employee of the Baltimore City Community College who is a member of the Teachers’ Pension System on October 1, 2002, may transfer membership to the Employees’ Pension System on or before December 31, 2002.
Md. Code, Public Utilities § 23-305 — MD Code / Article gpu / Title 23 / Subtitle 3 / Section 23-305
§23–305.
Status: in_force

(a) Before final action on a Program is taken, public hearings shall be held on the Program.

(b) The public hearings may be conducted in conjunction with public hearings on the 6–year programs or capital budgets of Montgomery County, Prince George’s County, or other agencies.
Md. Code, Education § 23-503 — MD Code / Article ged / Title 23 / Subtitle 5 / Section 23-503
§23–503.
Status: in_force

(a) (1) The entire capital and operating cost of the minimum library program for this State as a whole shall be shared as provided in this subsection.

(2) Subject to subsection (d) of this section, the State shall provide:

(i) Approximately 40 percent of the total cost of the minimum program; and

(ii) Not less than 20 percent of the cost of the minimum program in any county.

(3) The counties participating in the program together shall provide through local taxes approximately 60 percent of the total statewide cost of the minimum program.

(b) (1) Subject to subsection (d) of this section, each county public library system that participates in the minimum library program shall be provided for each resident of the county, to be used for operating and capital expenses:

(i) For each of fiscal years 2011 through 2015 – $14.00;

(ii) For fiscal year 2016 – $14.27;

(iii) For fiscal year 2017 – $14.54;

(iv) For fiscal year 2018 – $15.00;

(v) For fiscal year 2019 – $15.50;

(vi) For fiscal year 2020 – $16.00;

(vii) For fiscal year 2021 – $16.43;

(viii) For fiscal year 2022 – $17.10;

(ix) For fiscal year 2023 – $17.50;

(x) For fiscal year 2024 – $17.90;

(xi) For fiscal year 2025 – $18.30;

(xii) For fiscal year 2026 – $18.70; and

(xiii) For fiscal year 2027 and each fiscal year thereafter – $19.10.

(2) (i) Subject to subsection (d) of this section, the State shall share in this amount.

(ii) Any county may provide an amount greater than its share under the cooperative program, but the State may not share in the excess.

(c) Any employer Social Security contributions required by federal law for any employee in a county public library system shall remain the obligation of the employer.

(d) (1) Receipt of State funding for a county library system that participates in the minimum library program under this section is contingent on the board of library trustees adopting a written policy for operation of the county library system that is consistent with the State standards for libraries.

(2) (i) The Comptroller shall withhold all State funds from a county library system that the State Library Board certifies has failed to meet the State standards for libraries.

(ii) The Comptroller shall continue to withhold funds under subparagraph (i) of this paragraph until the State Library Board certifies that the county library system has adopted a written policy consistent with the State standards for libraries.
Md. Code, Alcoholic Beverages and Cannabis § 23-2004 — MD Code / Article gab / Title 23 / Subtitle 20 / Section 23-2004
§23–2004.
Status: in_force

(a) Except as otherwise provided by the Board:

(1) a holder of a 6–day Class A beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

(2) a holder of a 7–day Class A beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

(b) (1) Except as otherwise provided by the Board and subject to paragraph (2) of this subsection, a holder of a Class B beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

(2) The license holder may not sell beer, wine, or liquor at a bar or counter on Sunday.

(c) (1) Except as otherwise provided by the Board and subject to paragraph (2) of this subsection, a holder of a Class BLX (luxury restaurant) (on–sale) beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

(2) The license holder may not sell beer, wine, or liquor at a bar or counter on Sunday.

(d) (1) Except as otherwise provided by the Board and subject to paragraph (2) of this subsection, a holder of a Class C beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Sunday, from 6 a.m. to 2 a.m. the following day.

(2) The license holder may not sell beer, wine, or liquor at a bar or counter on Sunday.

(e) Except as otherwise provided by the Board:

(1) a holder of a 6–day Class D beer, wine, and liquor license may sell beer, wine, and liquor on Monday through Saturday, from 6 a.m. to 2 a.m. the following day; and

(2) a holder of a 7–day Class D beer, wine, and liquor license may sell beer, wine, and liquor Monday through Sunday, from 6 a.m. to 2 a.m. the following day.
Md. Code, Land Use § 23-506 — MD Code / Article glu / Title 23 / Subtitle 5 / Section 23-506
§23–506.
Status: in_force

(a) (1) The district council may provide that the county planning board may enforce the imposition of fines and penalties in a manner consistent with the process requiring notification and hearing under Title 11, Subtitle 2 of this article.

(2) The imposition of fines and penalties under this part is not subject to an appeal to the Board of Appeals.

(b) The district council may provide for the county planning board, through counsel, to prosecute violations for which civil monetary fines or penalties are imposed.

(c) A violation of a local law implementing the State Forest Conservation Law shall be enforced in accordance with Title 5, Subtitle 16 of the Natural Resources Article and not in accordance with this part.
Md. Code, State Personnel and Pensions § 23-302 — MD Code / Article gsp / Title 23 / Subtitle 3 / Section 23-302
§23–302.
Status: in_force

(a) Subject to subsections (b), (c), and (d) of this section, a member is entitled to eligibility service for periods of employment while a member of the Employees’ Pension System or the Teachers’ Pension System.

(b) The Board of Trustees may not allow more than 1 year of service credit for a calendar year.

(c) (1) If a member completes at least 500 hours of employment while a member in any fiscal year, the member is entitled to 1 year of eligibility service.

(2) Except in the first and last fiscal years or except as provided in subsection (d) of this section, a member may not receive any eligibility service for a fiscal year in which the member completes less than 500 hours of employment while a member.

(3) In the first and last fiscal years, if a member completes less than 500 hours of employment while a member, the Board of Trustees shall prorate the eligibility service based on the number of hours worked.

(d) If a member who is subject to the contributory pension benefit, the Alternate Contributory Pension Selection, or the Reformed Contributory Pension Benefit completes less than 500 hours of employment while a member, the Board of Trustees shall prorate the member’s eligibility service based on the number of hours worked.
Md. Code, State Personnel and Pensions § 23-408 — MD Code / Article gsp / Title 23 / Subtitle 4 / Section 23-408
§23–408.
Status: in_force

(a) This section applies to an individual who:

(1) is eligible for membership in the Judges’ Retirement System as provided in § 27–201(a) of this article; and

(2) (i) is receiving a service retirement allowance from the Employees’ Pension System at the time of appointment in item (1) of this subsection; or

(ii) 1. has earned a vested allowance from the Employees’ Pension System; and

2. begins receiving the vested allowance while serving as a judge described in item (1) of this subsection.

(b) An individual described in subsection (a) of this section may elect to receive service credit in the Judges’ Retirement System.

(c) (1) An individual described in subsection (a) of this section who elects to receive service credit in the Judges’ Retirement System under subsection (b) of this section shall complete and file a form provided by the Board of Trustees directing the Board of Trustees to suspend the individual’s allowance while the individual is receiving service credit in the Judges’ Retirement System.

(2) (i) An individual shall file a form described in paragraph (1) of this subsection with the Board of Trustees:

1. if the individual is receiving a service retirement allowance from the Employees’ Pension System prior to serving as a judge, at the time the individual becomes a member of the Judges’ Retirement System; or

2. if the individual has earned a vested allowance from the Employees’ Pension System and becomes eligible to receive that allowance after the individual becomes a member of the Judges’ Retirement System, at the time the individual applies to receive the vested allowance.

(ii) A temporary suspension under this subsection shall begin on the first day of the month following the month in which the Board of Trustees received the individual’s request to temporarily suspend the allowance.

(d) An individual whose allowance is temporarily suspended under subsection (c) of this section is not subject to a reduction as provided in § 23–407 of this subtitle during the period the individual is serving as a judge.

(e) (1) On receiving satisfactory documentation that the individual is no longer serving as a judge, the Board of Trustees shall reinstate the individual’s allowance with accumulated cost–of–living adjustments from the date the allowance was temporarily suspended.

(2) The individual’s allowance will be reinstated on the first day of the month following the month in which the individual ceased serving as a judge.

(f) If an individual whose allowance is temporarily suspended dies while serving as a judge, the surviving spouse of the individual shall receive:

(1) survivorship benefits as provided in § 27–403 of this article; and

(2) if the surviving spouse is the individual’s designated beneficiary, the survivorship benefits selected by the individual at the time of retirement from the Employees’ Pension System.
Md. Code, Alcoholic Beverages and Cannabis § 23-1506 — MD Code / Article gab / Title 23 / Subtitle 15 / Section 23-1506
§23–1506.
Status: in_force

A license is not:

(1) subject to a writ of execution by a judgment creditor of a license holder; or

(2) subject to a distraint for rent.
Md. Code, Education § 23-502 — MD Code / Article ged / Title 23 / Subtitle 5 / Section 23-502
§23–502.
Status: in_force

(a) There is a county-State minimum library program for the support and growth of public libraries.

(b) The State shall share in the current operating and capital expenses of the county public library systems that participate in the minimum library program.
Md. Code, Education § 23-205 — MD Code / Article ged / Title 23 / Subtitle 2 / Section 23-205
§23–205.
Status: in_force

(a) Subject to subsection (g) of this section, each year, the State Library Board may include in its budget operating funds for:

(1) The State Library Resource Center;

(2) Each regional resource center;

(3) The Maryland Library for the Blind and Print Disabled;

(4) The Deaf Culture Digital Library; and

(5) Each metropolitan cooperative service program.

(b) (1) Subject to subsection (g) of this section, the State shall pay all capital expenses for:

(i) The State Library Resource Center; and

(ii) Each regional resource center.

(2) Before any money is spent under this subsection, the appropriate board of library trustees shall:

(i) Have the project approved by the State Library Board;

(ii) Through the State Library Board, submit the request to the Department of Budget and Management for consideration under Title 3, Subtitle 6 of the State Finance and Procurement Article; and

(iii) Agree to reimburse the State Library Board an amount the State Library Board determines if the facility ceases to be used for a resource center or cooperative service program.

(c) (1) Subject to subsection (g) of this section, each year each participating regional resource center shall receive a minimum amount of funding for each resident of the area served, to be used for operating and capital expenses.

(2) The allocation shall be calculated as follows:

(i) For each of fiscal years 2011 through 2015.... $6.75 per each resident of the area served;

(ii) For fiscal year 2016........................................ $6.95 per each resident of the area served;

(iii) For fiscal year 2017........................................ $7.15 per each resident of the area served;

(iv) For fiscal year 2018........................................ $7.55 per each resident of the area served;

(v) For fiscal year 2019........................................ $7.95 per each resident of the area served;

(vi) For fiscal year 2020........................................ $8.35 per each resident of the area served;

(vii) For fiscal year 2021........................................ $8.55 per each resident of the area served;

(viii) For fiscal year 2022........................................ $8.75 per each resident of the area served;

(ix) For fiscal year 2023........................................ $9.19 per each resident of the area served;

(x) For fiscal year 2024........................................ $9.39 per each resident of the area served;

(xi) For fiscal year 2025........................................ $9.59 per each resident of the area served;

(xii) For fiscal year 2026........................................ $9.79 per each resident of the area served; and

(xiii) For fiscal year 2027 and each fiscal year thereafter................................................................................................... $9.99 per each resident of the area served.

(d) (1) Subject to subsection (g) of this section, each year the State Library Resource Center shall receive a minimum amount of funding for each State resident in the previous fiscal year, to be used for operating and capital expenses.

(2) The allocation shall be calculated as follows:

(i) For each of fiscal years 2010 through 2016............................................................................................$1.67 per State resident;

(ii) For fiscal year 2017 $1.69 per State resident;

(iii) For fiscal year 2018 $1.73 per State resident;

(iv) For fiscal year 2019 $1.77 per State resident;

(v) For fiscal year 2020 $1.81 per State resident;

(vi) For fiscal year 2021 $1.85 per State resident;

(vii) For fiscal year 2022 $1.89 per State resident;

(viii) For fiscal year 2023 $1.93 per State resident;

(ix) For fiscal year 2024 ………….........$1.97 per State resident; and

(x) For fiscal year 2025 and each fiscal year thereafter...................................................................................$2.07 per State resident.

(e) Subject to subsection (g) of this section, beginning in fiscal year 2016 and in each fiscal year thereafter, the Maryland Library for the Blind and Print Disabled shall receive an amount equivalent to at least 25% of the amount received by the State Library Resource Center for the same fiscal year under subsection (d) of this section.

(f) (1) The State Library Board shall:

(i) Disburse funds to the State and regional resource centers, the Maryland Library for the Blind and Print Disabled, and metropolitan cooperative service programs; and

(ii) Require that these funds be used subject to any conditions specified by the appropriating agency or imposed under this subtitle.

(2) The State Library Board may authorize the State Comptroller to withhold funds from any regional resource center or metropolitan cooperative service program that fails to meet the standards adopted by the State Library Board.

(g) (1) Receipt of funding under this section is contingent on a library, resource center, or metropolitan cooperative service program adopting a written policy for operation of the library, center, or program that is consistent with the State standards for libraries.

(2) (i) The Comptroller shall withhold all State funds from any regional resource center or metropolitan cooperative service program that the State Library Board certifies has failed to meet the State standards for libraries.

(ii) The Comptroller shall continue to withhold funds under subparagraph (i) of this paragraph until the State Library Board certifies that the regional resource center or metropolitan cooperative service program has adopted a written policy consistent with the State standards for libraries.
Md. Code, Education § 23-701 — MD Code / Article ged / Title 23 / Subtitle 7 / Section 23-701
§23–701.
Status: in_force

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

(b) “Electronic literary product” means:

(1) A text document that has been converted into or published in a digital format that is read on a computer, tablet, smart phone, or other electronic device; or

(2) An audio recording of a text document, read out loud in a format that is listened to on a computer, tablet, smart phone, or other electronic device.

(c) “Publisher” means a person in the business of manufacturing, promulgating, and selling books, audio books, journals, magazines, newspapers, or other literary productions, including those in digital form, that consist of text, imagery, audio recordings, or any combination of text, image, and audio recording.

(d) “Unfair, abusive, or deceptive trade practices” has the meaning stated in § 13–301 of the Commercial Law Article.
Md. Code, Transportation § 23-209 — MD Code / Article gtr / Title 23 / Subtitle 2 / Section 23-209
§23–209.
Status: in_force

A person may not commit any fraud or make any misrepresentation in applying for or preparing documentation relating to this subtitle.
Md. Code, Insurance § 23-204 — MD Code / Article gin / Title 23 / Subtitle 2 / Section 23-204
§23–204.
Status: in_force

(a) When an applicant complies with the filing requirements and pays the registration fee to the Commissioner in accordance with § 23-203 of this subtitle, the Commissioner shall determine whether the applicant meets the requirements of this title.

(b) The Commissioner shall deny registration to an applicant if the Commissioner determines that the applicant has submitted an incomplete registration.

(c) The Commissioner shall register each applicant that meets the requirements of this title.
Md. Code, Education § 23-104 — MD Code / Article ged / Title 23 / Subtitle 1 / Section 23-104
§23–104.
Status: in_force

(a) The head of the State Library Agency is the State Librarian, who is appointed by the State Library Board with the advice and consent of the Senate.

(b) The State Librarian shall:

(1) Hold an advanced degree in library and information service;

(2) Have administrative experience in libraries; and

(3) Have any other qualifications the State Library Board considers necessary.

(c) The State Librarian shall:

(1) Select, organize, and direct the staff of the State Library Agency;

(2) Perform the duties the State Library Board assigns;

(3) See that the policies and decisions of the State Library Board are carried out; and

(4) Serve at the pleasure of the State Library Board.

(d) The State Librarian is entitled to the salary provided in the State budget.

(e) (1) The State Library Agency may employ the professional and clerical staff provided in the State budget.

(2) Each employee of the State Library Agency is entitled to the salary provided in the State budget.

(3) Each employee of the State Library Agency shall join the Teachers’ Pension System of the State of Maryland or the Employees’ Pension System of the State of Maryland.
Md. Code, Alcoholic Beverages and Cannabis § 23-1801 — MD Code / Article gab / Title 23 / Subtitle 18 / Section 23-1801
§23–1801.
Status: in_force

(a) The following sections of Title 4, Subtitle 4 (“Renewal of Local Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–402 (“Eligibility for renewal; process”);

(2) § 4–403 (“Renewal application”);

(3) § 4–405 (“Contents of renewal application”);

(4) § 4–406 (“Protests”);

(5) § 4–407 (“Denial of renewal application”);

(6) § 4–408 (“Issuance of renewed licenses”);

(7) § 4–409 (“Multiple licenses”); and

(8) § 4–410 (“Chain store, supermarket, or discount house”).

(b) Section 4–404 (“Filing period for renewal application”) of Division I of this article applies in the county, subject to § 23–1802 of this subtitle.
Md. Code, Education § 23-801 — MD Code / Article ged / Title 23 / Subtitle 8 / Section 23-801
§23–801.
Status: in_force

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

(b) “Board” means the Baltimore County Public Library Board of Trustees.

(c) “Certified exclusive representative” means the employee organization that has been certified as the collective bargaining agent for a bargaining unit.

(d) “Confidential employee” means an employee who:

(1) Has access to confidential information, including budgetary and fiscal data, subject to use by the employer in collective bargaining or in the adjudication of grievances; or

(2) Works in a close and continuing confidential relationship assisting or aiding a management employee.

(e) “County Council” means the Baltimore County Council.

(f) “County Executive” means the Baltimore County Executive.

(g) “Director” means the Director of the Baltimore County Public Library, or the Director’s designee.

(h) (1) “Employee” means a full–time or part–time employee of the library.

(2) “Employee” does not include a confidential employee, management employee, or supervisory employee.

(i) “Employee organization” means an organization that admits employees of the employer as members and has as a primary purpose the representation of the employees in their relations with the employer.

(j) “Employer” means the Baltimore County Public Library and the Board.

(k) “Management employee” means an employee who generally has authority and who:

(1) Formulates policy that is applicable throughout a bargaining unit;

(2) Has a significant role in personnel administration, employee relations, or the preparation and administration of budgets for the employer; or

(3) May reasonably be required to:

(i) Assist directly in the preparation for and conduct of collective bargaining negotiations on behalf of the employer; or

(ii) Have a major role in the administration of resulting collective bargaining agreements.

(l) “Supervisory employee” means an employee who is authorized to:

(1) Hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline employees;

(2) Responsibly direct employees for more than 50% of the employee’s working hours; or

(3) Address and resolve the grievances of employees.
Md. Code, State Personnel and Pensions § 23-204 — MD Code / Article gsp / Title 23 / Subtitle 2 / Section 23-204
§23–204.
Status: in_force

(a) (1) Membership in the Employees’ Pension System is optional for an individual who is:

(i) an official, elected or appointed for a fixed term;

(ii) an employee of the Governor’s office;

(iii) an employee of the Senate or House of Delegates;

(iv) a member of the Prince George’s County Board of License Commissioners;

(v) an employee of Dorchester County who is not and has not previously been a member of the county’s general pension and retirement program or any other plan sponsored by Dorchester County; or

(vi) except as provided in subsection (g) of this section, an employee of a participating governmental unit who is employed by the participating governmental unit before the effective date of participation and who remains an employee of the participating governmental unit through the effective date of participation.

(2) An individual described under paragraph (1)(i) through (v) of this subsection who elects to join the Employees’ Pension System shall make the election at commencement of employment by filing a written application with the Board of Trustees on a form that the Board of Trustees provides.

(3) An individual described under paragraph (1)(vi) of this subsection who elects to join the Employees’ Pension System shall make the election prior to the effective date of participation by filing a written application with the Board of Trustees on a form that the Board of Trustees provides.

(4) An election to join the Employees’ Pension System under this subsection is a one–time, irrevocable election.

(5) If an election to join the Employees’ Pension System is not received by the Board of Trustees within the period of time described in paragraph (2) or (3) of this subsection, the individual may not elect to join the Employees’ Pension System while employed in that position.

(6) The Board of Trustees shall adopt regulations to implement this subsection.

(b) (1) Membership in the Employees’ Pension System is not optional for individuals who are:

(i) supportive service employees of the Board of Education of Kent County;

(ii) employees of the Town of Oakland;

(iii) employees of the City of Frostburg;

(iv) employees of the Town of Sykesville; or

(v) employees of the Town of University Park.

(2) Membership in the Employees’ Pension System is not optional for an individual who was employed in a position on or before June 30, 2015, that required the individual to be a member of the Employees’ Pension System, while the individual remains in that position.

(c) (1) Subject to paragraph (2) of this subsection, membership in the Employees’ Pension System is optional for an individual described in § 23–201(a)(2)(iv) of this subtitle who is elected or appointed as the Baltimore City Sheriff.

(2) An individual who is elected or appointed as the Baltimore City Sheriff and who does not elect to join the Employees’ Pension System is a member of the Law Enforcement Officers’ Pension System under Title 26 of this article as a condition of employment.

(3) To elect to be a member of the Employees’ Pension System under this subsection, an individual shall make the election at commencement of employment by filing a written application with the Board of Trustees on a form that the Board of Trustees provides.

(4) An individual who does not elect membership as of the date the individual begins serving as the Baltimore City Sheriff shall become a member of the Law Enforcement Officers’ Pension System.

(d) (1) This subsection applies to an individual described in § 23–201(a)(2)(iv) of this subtitle who elects membership in the Employees’ Pension System under this section.

(2) An individual described in paragraph (1) of this subsection may elect membership in the Law Enforcement Officers’ Pension System if the county employing the individual elects to become an eligible governmental unit in the Law Enforcement Officers’ Pension System in accordance with §§ 31–2A–02 through 31–2A–05 of this article.

(3) If an individual transfers to the Law Enforcement Officers’ Pension System under this subsection, the eligible governmental unit is responsible for all employer contributions required for the individual under § 21–306.1 of this article.

(e) (1) This subsection applies only to an individual who is an employee of the Town of Berwyn Heights on June 30, 2008.

(2) Subject to paragraph (3) of this subsection, membership in the Employees’ Pension System is optional for an individual described in paragraph (1) of this subsection who elects membership on July 1, 2008.

(3) To elect to be a member of the Employees’ Pension System, an individual shall file a written application with the Board of Trustees on a form that the Board of Trustees provides.

(f) (1) This subsection applies only to an individual who is an employee of the City of College Park on June 30, 2014.

(2) Subject to paragraph (3) of this subsection, membership in the Employees’ Pension System is optional for an individual described in paragraph (1) of this subsection who elects membership on July 1, 2014.

(3) To elect to be a member of the Employees’ Pension System, an individual shall file a written application with the Board of Trustees on a form that the Board of Trustees provides.

(g) (1) This subsection applies to an individual who is employed by Prince George’s County as:

(i) the Chief Administrative Officer;

(ii) a Deputy Chief Administrative Officer;

(iii) a director of a county office or department;

(iv) a County Council Administrator;

(v) a Deputy Director of a county office or department; or

(vi) an Executive Director.

(2) (i) Membership in the Employees’ Pension System is optional for an individual who:

1. begins serving in a position listed in paragraph (1) of this subsection on or after July 1, 2014; and

2. has not previously been employed by Prince George’s County.

(ii) An individual described under subparagraph (i) of this paragraph who elects to join the Employees’ Pension System shall make the election at commencement of employment by filing a written application with the Board of Trustees on a form that the Board of Trustees provides.

(3) Membership in the Employees’ Pension System is mandatory for:

(i) an individual who:

1. is employed in one of the positions listed under paragraph (1) of this subsection on or before June 30, 2014; and

2. is enrolled as a member of the Employees’ Pension System; or

(ii) an individual described under paragraph (2)(i) of this subsection who elected to join the Employees’ Pension System under paragraph (2)(ii) of this subsection.

(4) Membership in the Employees’ Pension System is prohibited for an individual who:

(i) begins serving in a position listed in paragraph (1) of this subsection on or after July 1, 2004, but before July 1, 2014;

(ii) remains in a position listed in paragraph (1) of this subsection on or after July 1, 2014; and

(iii) is not enrolled in the Employees’ Pension System.

(5) (i) An individual’s election under paragraph (2)(ii) of this subsection to join the Employees’ Pension System or an individual’s failure to elect to join the Employees’ Pension System within the required time period is a one–time, irrevocable decision.

(ii) An individual employed in one of the positions listed under paragraph (1) of this subsection who does not elect to join the Employees’ Pension System under paragraph (2)(ii) of this subsection may not join the Employees’ Pension System while employed in one of the positions listed under paragraph (1) of this subsection.

(iii) An individual described under paragraph (4) of this subsection or subparagraph (ii) of this paragraph who changes employment to a different position under paragraph (1) of this subsection, whether or not a break in employment occurs, may not elect to join the Employees’ Pension System.

(6) The Board of Trustees shall adopt regulations to implement this section.
Md. Code, Education § 23-301 — MD Code / Article ged / Title 23 / Subtitle 3 / Section 23-301
§23–301.
Status: in_force

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

(b) (1) “Depository library” means a library designated for the receipt and maintenance of State publications.

(2) “Depository library” includes:

(i) The State Library Resource Center;

(ii) The Maryland Department of Legislative Services Library;

(iii) The State Archives;

(iv) The Maryland Thurgood Marshall State Law Library;

(v) The McKeldin Library of the University of Maryland;

(vi) The Library of Congress; and

(vii) Any other library designated by the Commission on State Publications Depository and Distribution Program as a depository library.

(c) “Program” means the State Publications Depository and Distribution Program.

(d) “State agency” means any permanent or temporary State office, department, division or unit, bureau, board, commission, task force, authority, institution, State college or university, and any other unit of State government, whether executive, legislative, or judicial, and includes any subunits of State government.

(e) (1) “State publication” means informational materials produced, regardless of format, by the authority of, or at the total or partial expense of any State agency.

(2) “State publication” includes a publication sponsored by a State agency, issued in conjunction with, or under contract with the federal government, local units of government, private individuals, institutions, corporations, research firms, or other entities.

(3) “State publication” does not include correspondence, interoffice and intraoffice memoranda, routine forms or other internal records, publications of bicounty agencies which comply with this program as required in § 23-304 of this subtitle, or any informational listing which any State statute provides shall be sold to members of the public for a fee.
Md. Code, Transportation § 23-201 — MD Code / Article gtr / Title 23 / Subtitle 2 / Section 23-201
§23–201.
Status: in_force

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

(b) “Emissions control program” means the program requiring and implementing the exhaust emissions test and the emissions equipment and misfueling inspection.

(c) “Emissions equipment” means any emissions control device that has been installed on a motor vehicle by a manufacturer of motor vehicles.

(d) “Emissions equipment and misfueling inspection” means an inspection to verify the presence of required emissions equipment and an inspection to determine that the vehicle has not been misfueled.

(e) (1) “Emissions related repair” means the inspection, adjustment, repair, or replacement of motor vehicle engine systems, subsystems, or components as necessary to bring a motor vehicle into compliance with emissions standards adopted in accordance with the provisions of this subtitle.

(2) “Emissions related repair” does not include adjustment, repair, or replacement necessitated by tampering or misfueling.

(f) (1) “Emissions standard” means a requirement that limits the quantity, quality, rate, or concentration of emissions from a motor vehicle.

(2) “Emissions standard” includes a requirement that relates to the operation or maintenance of a motor vehicle to assure continuous emissions reduction.

(g) “Exhaust emissions test” means the sampling and measurement of certain components of motor vehicle exhaust to determine whether the motor vehicle is in compliance with an emissions standard.

(h) “Misfueling” means the introduction of leaded fuel into a motor vehicle designed by the motor vehicle manufacturer to use unleaded fuel.

(i) “Secretary” means the Secretary of the Environment.
Md. Code, State Personnel and Pensions § 23-407 — MD Code / Article gsp / Title 23 / Subtitle 4 / Section 23-407
§23–407.
Status: in_force

(a) In this section, “area of critical shortage” means an academic field identified by the State Department of Education in accordance with the provisions of § 18–703(g)(1) of the Education Article as having projected employment vacancies that substantially exceed projected qualified graduates.

(b) Except as provided in subsection (d) of this section, an individual who is receiving a service retirement allowance or a vested allowance may accept employment with a participating employer on a permanent, temporary, or contractual basis, if:

(1) the individual immediately notifies the Board of Trustees of the individual’s intention to accept this employment; and

(2) the individual specifies the compensation to be received.

(c) (1) Except as provided in § 23–408 of this subtitle, the Board of Trustees shall reduce the allowance of an individual who accepts employment as provided under subsection (b) of this section if:

(i) the individual’s current employer is a participating employer other than the State and is the same participating employer that employed the individual at the time of the individual’s last separation from employment with a participating employer before the individual commenced receiving a service retirement allowance or vested allowance;

(ii) 1. the individual’s current employer is any unit of State government; and

2. the individual’s employer at the time of the individual’s last separation from employment with the State before the individual commenced receiving a service retirement allowance or vested allowance was also a unit of State government; or

(iii) the individual becomes reemployed within 12 months of receiving an early service retirement allowance or an early vested allowance computed under § 23–402 of this subtitle.

(2) (i) Except as provided in subparagraph (ii) of this paragraph and subject to subparagraphs (iii) and (iv) of this paragraph, the reduction required under paragraph (1) of this subsection shall equal:

1. the amount by which the sum of the individual’s initial annual basic allowance and the individual’s annual compensation exceeds the average final compensation used to compute the basic allowance; or

2. for a retiree who retired under the Workforce Reduction Act (Chapter 353 of the Acts of 1996), the amount by which the sum of the retiree’s annual compensation and the retiree’s annual basic allowance at the time of retirement, including the incentive provided by the Workforce Reduction Act, exceeds the average final compensation used to compute the basic allowance.

(ii) 1. This subparagraph applies to a retiree of the Teachers’ Pension System who as faculty receiving a 10–month salary, retired directly from:

A. the University System of Maryland;

B. Morgan State University;

C. St. Mary’s College; or

D. a community college established or operating under Title 16 of the Education Article.

2. The reduction required under paragraph (1) of this subsection shall equal the amount by which the sum of the retiree’s initial annual basic allowance and the retiree’s annual compensation, as calculated in subsubparagraph 3 of this subparagraph, exceeds the average final compensation of the retiree used to compute the basic allowance.

3. The calculation of the retiree’s annual compensation in subsubparagraph 2 of this subparagraph does not include any of the following earnings the retiree received during the previous calendar year from the employer with whom the retiree is reemployed:

A. bonuses;

B. overtime;

C. summer school salaries;

D. adult education salary;

E. additional temporary payments from special research projects;

F. honorariums; and

G. vehicle stipends.

(iii) Any reduction taken under this subsection may not reduce the retiree’s allowance to an amount less than the required deduction for:

1. if the retiree retired from any unit of State government, the retiree’s monthly State–approved medical insurance premiums; or

2. if the retiree retired from a participating employer other than the State, the approved monthly medical insurance premiums required by the participating employer that employed the retiree at the time of the retiree’s retirement.

(iv) The Board of Trustees shall recover from the retiree any difference between the reduction required under subparagraph (i) of this paragraph and the reduction taken under subparagraph (iii) of this paragraph.

(3) A reduction of an early service retirement allowance or an early vested allowance under paragraph (1)(iii) of this subsection shall be applied only until the individual has received an allowance for 12 months.

(4) Except for an individual whose allowance is subject to a reduction as provided under paragraphs (1)(iii) and (3) of this subsection, the reduction of an allowance under this subsection does not apply to:

(i) an individual whose average final compensation was less than the minimum annual salary on the standard State pay scale as of January 1 of the preceding calendar year and who is reemployed on a permanent, temporary, or contractual basis;

(ii) an individual who is serving in an elected position as an official of a participating governmental unit or as a constitutional officer for a county that is a participating governmental unit;

(iii) an individual who has been retired for 5 years, beginning on January 1 after the date the individual retires;

(iv) a retiree of the Teachers’ Pension System who:

1. is or has been certified to teach in the State;

2. has verification of satisfactory or better performance in the last assignment prior to retirement;

3. based on the retired teacher’s qualifications, has been appointed in accordance with § 4–103 of the Education Article; and

4. receives verification of satisfactory or better performance each year the teacher is employed under paragraph (5) of this subsection;

(v) a retiree of the Teachers’ Pension System who:

1. A. was employed as a principal within 5 years of retirement; or

B. was employed as a principal not more than 10 years before retirement and was employed in a position supervising principals in the retiree’s last assignment prior to retirement;

2. has verification of satisfactory performance for each year as a principal and, if applicable, in a position supervising principals prior to retirement;

3. based on the retiree’s qualifications, has been hired as a principal; and

4. receives verification of satisfactory performance each year the retiree is employed as a principal under paragraph (6) of this subsection;

(vi) a retiree of the Employees’ Pension System who is reemployed on a contractual basis by the Maryland Department of Health as a health care practitioner, as defined in § 1–301 of the Health Occupations Article in:

1. a State residential center as defined in § 7–101 of the Health – General Article;

2. a chronic disease center subject to Title 19, Subtitle 5 of the Health – General Article;

3. a State facility as defined in § 10–101 of the Health – General Article;

4. a local health department subject to Title 3, Subtitle 2 of the Health – General Article; or

5. the Office of the Chief Medical Examiner;

(vii) a retiree of the Employees’ Pension System and the Judges’ Retirement System who is temporarily assigned to sit in a court of this State under the authority of Article IV, § 3A of the Maryland Constitution;

(viii) a retiree of the Employees’ Pension System who is reemployed on a contractual basis for not more than 4 years as a parole and probation employee in a position authorized under Title 6, Subtitle 1 of the Correctional Services Article; or

(ix) a retiree of the Teachers’ Pension System who is reemployed by a local school system or the Maryland School for the Deaf and is rehired in accordance with paragraph (8) of this subsection.

(5) (i) An individual who is rehired under paragraph (4)(iv) of this subsection shall be employed as a classroom teacher, substitute classroom teacher, or teacher mentor in:

1. a public school that:

A. is a school in need of improvement as defined under the federal Elementary and Secondary Education Act and as implemented by the State Department of Education;

B. is receiving funds under Title 1 of the federal Elementary and Secondary Education Act;

C. has more than 50% of the students attending that school who are eligible for free and reduced–price meals established by the United States Department of Agriculture; or

D. provides an alternative education program for adjudicated youths or students who have been expelled, suspended, or identified for suspension or expulsion from a public school; or

2. the Maryland School for the Deaf.

(ii) An individual rehired at a school described under subparagraph (i) of this paragraph shall teach:

1. in an area of critical shortage;

2. a special education class for students with special needs; or

3. a class for students with limited English proficiency.

(6) An individual who is rehired under paragraph (4)(v) of this subsection shall be employed as a principal at:

(i) a public school that:

1. is a school in need of improvement as defined under the federal Elementary and Secondary Education Act and as implemented by the State Department of Education;

2. is receiving funds under Title 1 of the federal Elementary and Secondary Education Act;

3. has more than 50% of the students attending that school who are eligible for free and reduced–price meals established by the United States Department of Agriculture; or

4. provides an alternative education program for adjudicated youths or students who have been expelled, suspended, or identified for suspension or expulsion from a public school; or

(ii) the Maryland School for the Deaf.

(7) An individual who is reemployed under paragraph (4)(iv) or (v) of this subsection at a school described under paragraph (5) or (6) of this subsection may not continue that reemployment for more than 5 consecutive years.

(8) (i) In addition to any individuals rehired in accordance with paragraph (5) of this subsection, and subject to subparagraph (ii) of this paragraph, each superintendent of a local school system and the superintendent of the Maryland School for the Deaf may rehire a maximum of five individuals who are retirees of the Teachers’ Pension System in any position in the superintendent’s local school system or the Maryland School for the Deaf.

(ii) The number of individuals rehired under subparagraph (i) of this paragraph for each local school system or the Maryland School for the Deaf may not exceed a total of five retirees at any one time when added to the number of individuals rehired under § 22–406(c)(8)(i) of this article for that same local school system or the Maryland School for the Deaf.

(9) (i) The superintendent of the local school system or the superintendent of the Maryland School for the Deaf rehiring an individual under paragraph (4)(iv) or (v) of this subsection shall:

1. approve the rehiring of that individual; and

2. determine the school where the individual is to be reemployed.

(ii) Within 30 days after rehiring an individual under paragraph (4)(iv) or (v) of this subsection, the superintendent of a local school system or the superintendent of the Maryland School for the Deaf shall complete and file with the Board of Trustees and the State Department of Education a form provided by the Board of Trustees that certifies that the individual rehired by the local school system or the Maryland School for the Deaf under paragraph (4)(iv) or (v) of this subsection:

1. satisfied the criteria provided in paragraph (4)(iv) or (v) of this subsection;

2. was reemployed at a school described under paragraph (5)(i) or (6) of this subsection; and

3. if rehired under paragraph (4)(iv) of this subsection, was teaching in an area specified in paragraph (5)(ii) of this subsection.

(iii) Within 30 days after rehiring an individual under paragraph (8) of this subsection, the superintendent of a local school system or the superintendent of the Maryland School for the Deaf shall complete and file with the Board of Trustees and the State Department of Education a form provided by the Board of Trustees that certifies that the individual rehired by the local school system or the Maryland School for the Deaf under paragraph (8) of this subsection satisfied the criteria provided in paragraph (8) of this subsection.

(iv) 1. On or before April 1 of each year, the Board of Trustees and the State Department of Education shall jointly review any forms filed by a superintendent of a local school system or the superintendent of the Maryland School for the Deaf under subparagraph (ii) of this paragraph.

2. If the Board of Trustees and the State Department of Education agree that a superintendent of a local school system or the Maryland School for the Deaf has rehired an individual that does not satisfy the criteria provided in paragraphs (4)(iv) and (5), paragraphs (4)(v) and (6), or paragraph (8) of this subsection:

A. on or before July 1 of the year of the finding, the Board of Trustees shall notify the superintendent of the local school system or the Maryland School for the Deaf of this individual; and

B. the local school system or the Maryland School for the Deaf shall reimburse the Board of Trustees the amount equal to the reduction to the individual’s retirement allowance that would have been made in paragraph (2) of this subsection.

(v) If a superintendent of a local school system or the superintendent of the Maryland School for the Deaf rehires an individual that satisfies the criteria provided in paragraphs (4)(iv) or (v) and (5), (6), or (8) of this subsection and the Board of Trustees and the State Department of Education do not receive certification from the superintendent in the time required under subparagraph (ii) of this paragraph:

1. on or before July 1 of the year of the finding, the Board of Trustees shall notify the superintendent of the local school system or the superintendent of the Maryland School for the Deaf of this individual; and

2. the local school system or the Maryland School for the Deaf shall pay the Board of Trustees $50 for each month the superintendent fails to submit the certification under subparagraph (ii) of this paragraph in the time required, not to exceed a total of $1,000 for each individual whose certification is not submitted in the time required.

(vi) The local school system or the Maryland School for the Deaf shall make the reimbursement on or before December 31 of the year the local school system or the Maryland School for the Deaf receives notice from the Board of Trustees under subparagraph (iv)2A of this paragraph.

(10) On or before August 1 of each year, the local superintendent and the superintendent of the Maryland School for the Deaf shall report to the State Department of Education for the previous school year:

(i) the number of individuals rehired under paragraph (4)(iv) or (v) or (8) of this subsection;

(ii) 1. the school and school system where each individual was rehired; and

2. whether the school:

A. was a school in need of improvement as defined under the federal Elementary and Secondary Education Act and as implemented by the State Department of Education;

B. was receiving funds under Title 1 of the federal Elementary and Secondary Education Act;

C. has more than 50% of the students attending that school who are eligible for free and reduced–price meals established by the United States Department of Agriculture; or

D. provided an alternative education program for adjudicated youths or students who have been expelled, suspended, or identified for suspension or expulsion from a public school;

(iii) the original date of rehire for each individual;

(iv) the subject matter taught by each individual;

(v) if hired under paragraph (8) of this subsection, the position title of each individual;

(vi) the annual salary of each individual; and

(vii) the percentage of student population composed of children in poverty that is required to be present in a school in that school system in order for that school to qualify as a Title 1 school.

(d) An individual who is receiving a service retirement allowance under this title may not be employed within 45 days of the date the individual retired, on a permanent, temporary, or contractual basis, by:

(1) the State or other participating employer; or

(2) a withdrawn participating governmental unit, if the retiree was an employee of the withdrawn participating governmental unit while the withdrawn governmental unit was a participating employer.

(e) An individual who is receiving a service retirement allowance or a vested allowance and who is reemployed by a participating employer may not receive creditable service or eligibility service during the period of reemployment.

(f) The individual’s compensation during the period of reemployment may not be subject to the employer pickup provisions of § 21–303 of this article or any reduction or deduction as a member contribution for pension or retirement purposes.

(g) The State Retirement Agency shall institute appropriate reporting procedures with the affected payroll systems to ensure compliance with this section.

(h) (1) Immediately on the employment of any individual receiving a service retirement allowance or a vested allowance, a participating employer shall notify the State Retirement Agency of the type of employment and the anticipated earnings of the individual.

(2) At least once each year, in a format specified by the State Retirement Agency, each participating employer shall provide the State Retirement Agency with a list of all employees included on any payroll of the employer, the Social Security numbers of the employees, and their earnings for that year.

(i) The State Department of Education shall adopt regulations to carry out this section.

(j) At the request of the State Retirement Agency:

(1) a participating employer shall certify to the State Retirement Agency that it is not the same participating employer that employed an individual at the time of the individual’s last separation from employment before the individual commenced receiving a service retirement allowance or a vested allowance; or

(2) a unit of State government shall certify to the State Retirement Agency that the individual was not employed by any unit of State government at the time of the individual’s last separation from employment before the individual commenced receiving a service retirement allowance or a vested allowance.

(k) The Maryland Department of Health shall notify the State Retirement Agency of any retirees who qualify under subsection (c)(4)(vi) of this section.

(l) On or before September 1 of each year, the Secretary of Health shall submit a report in accordance with § 2–1257 of the State Government Article to the Joint Committee on Pensions that provides:

(1) the number of rehired retirees under subsection (c)(4)(vi) of this section;

(2) the annual salary of each rehired retiree at the time of retirement and the current annual salary of each rehired retiree;

(3) the number of health care practitioners hired who are not retirees; and

(4) the annual salary of each health care practitioner who is hired.

(m) On or before October 1 of each year, the State Superintendent of Schools shall submit a report for the previous school year, to the Joint Committee on Pensions, in accordance with § 2–1257 of the State Government Article, that provides:

(1) (i) the number of rehired retirees under subsection (c)(4)(iv) and (v) and (8) of this section;

(ii) 1. the school and school system where each retiree was rehired; and

2. whether the school:

A. was not making adequate yearly progress or was a school in need of improvement as defined under the federal No Child Left Behind Act of 2001 and as implemented by the State Department of Education;

B. was receiving funds under Title 1 of the federal No Child Left Behind Act of 2001;

C. has more than 50% of the students attending that school who are eligible for free and reduced–price meals established by the United States Department of Agriculture; or

D. provided an alternative education program for adjudicated youths or students who have been expelled, suspended, or identified for suspension or expulsion from a public school;

(iii) a copy of the annual staffing report generated by the State Superintendent of Schools in accordance with § 18–703(g)(1) of the Education Article certifying areas of critical shortage for the previous school year as evidenced by projected employment vacancies substantially exceeding projected qualified graduates;

(iv) the subject matter that each rehired retiree was teaching;

(v) the salary of each rehired retiree;

(vi) the total number of years each retiree has been reemployed at the school where the retiree was rehired for the previous school year; and

(vii) the percentage of student population composed of children in poverty that is required to be present in a school in that school system in order for that school to qualify as a Title 1 school; and

(2) the number of retirees rehired under subsection (c)(8) of this section.

(n) On or before September 1 of each year, the Secretary of Public Safety and Correctional Services shall submit a report in accordance with § 2–1257 of the State Government Article to the Joint Committee on Pensions that provides:

(1) the number of rehired retirees under subsection (c)(4)(viii) of this section;

(2) the annual salary of each rehired retiree at the time of retirement and the current annual salary of each rehired retiree;

(3) the number of parole and probation employees hired who are not retirees; and

(4) the annual salary of each parole and probation employee who is hired.
Md. Code, State Personnel and Pensions § 23-402 — MD Code / Article gsp / Title 23 / Subtitle 4 / Section 23-402
§23–402.
Status: in_force

(a) Except as provided in subsection (b) of this section, a member may retire with an early service retirement allowance if:

(1) the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire; and

(2) on or before the date of retirement, the member:

(i) has at least 15 years but less than 30 years of eligibility service; and

(ii) is at least 55 but less than 62 years old.

(b) A member who begins membership on or after July 1, 2011, may retire with an early service retirement allowance if:

(1) the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire; and

(2) on or before the date of retirement, the member:

(i) has at least 15 years of eligibility service; and

(ii) is at least 60 but less than 65 years old.

(c) (1) Except as provided in paragraph (2) of this subsection, on retirement under this section, a member is entitled to receive an early service retirement allowance that equals the normal service retirement allowance under § 23–401 of this subtitle, reduced by 0.5% for each month that the member’s early retirement date precedes the date the member will be 62 years old.

(2) On retirement under this section, a member who begins membership on or after July 1, 2011, is entitled to receive an early service retirement allowance that equals the normal service retirement allowance to which the member would otherwise be entitled under § 23–401 of this subtitle, reduced by 0.5% for each month that the member’s early retirement date precedes the date the member will be 65 years old.
Md. Code, Alcoholic Beverages and Cannabis § 23-1004.2 — MD Code / Article gab / Title 23 / Subtitle 10 / Section 23-1004.2
§23–1004.
Status: in_force

§23–1004.2.

(a) There is a Class MT (movie theater) beer, wine, and liquor license.

(b) The Board may issue the license to the owner of a movie theater that holds a crowd control training certification.

(c) The license holder may sell beer, wine, and liquor at retail at the place described in the license for on–premises consumption by a patron who has purchased a ticket to a current or future showing of a movie on the licensed premises.

(d) The Board may set:

(1) the hours and days of sale for the license;

(2) the annual license fee; and

(3) any other limitations on and requirements for the license that the Board considers necessary.

(e) The Board shall adopt regulations to carry out this section.
Md. Code, Land Use § 23-206 — MD Code / Article glu / Title 23 / Subtitle 2 / Section 23-206
§23–206.
Status: in_force

In Prince George’s County, the subdivision regulations may provide for:

(1) the classification of a subdivision as a major or minor subdivision; and

(2) a sketch plan that:

(i) in the case of a minor subdivision, may be approved by the planning director and filed as the record plat; and

(ii) in the case of a major subdivision, may be required before the submission of a preliminary plan of subdivision.
Md. Code, Alcoholic Beverages and Cannabis § 23-2705 — MD Code / Article gab / Title 23 / Subtitle 27 / Section 23-2705
§23–2705.
Status: in_force

(a) A holder of an on–sale license may not allow an individual under the age of 18 years to play a game of chance or skill, including pool, billiards, shuffleboard, or a pinball or console machine, in the licensed establishment unless the individual is accompanied by a parent or guardian.

(b) A license holder who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 30 days or a fine not exceeding $100 or both.
Md. Code, Insurance § 23-501.1 — MD Code / Article gin / Title 23 / Subtitle 5 / Section 23-501.1
§23–501.
Status: in_force

§23–501.1.

(a) A premium finance company may not impose any finance charge or other charge on any payment for the purchase price of a motor club service contract.

(b) A premium finance company may not cancel an insurance contract if any payment under the premium finance agreement:

(1) is sufficient to pay the installment due under the premium finance agreement that is related to the insurance contract obligation; but

(2) is not sufficient to cover the amount of the monthly payment for the motor club service contract.
Md. Code, Public Utilities § 23-303 — MD Code / Article gpu / Title 23 / Subtitle 3 / Section 23-303
§23–303.
Status: in_force

A Program shall include:

(1) the major projects that the Commission determines may be required in each of the next 6 fiscal years:

(i) in the sanitary district; and

(ii) in geographical areas outside the sanitary district that the Commission determines are appropriate to include in the Program;

(2) a statement of the objectives and the relationship to the long–range development plans designated by each county for each major project;

(3) a projected construction schedule, an estimate of cost, and a statement of funding sources, including contributions that may be required for the construction of a major project;

(4) the information and documentation for each major project that the Commission is required to submit for the 6–year period covered by the Program under Title 9, Subtitle 5 of the Environment Article;

(5) the addition of a new major project and the deletion, modification, or rescheduling of a previously approved major project for which a construction contract has not been awarded or will not be awarded during the fiscal year in which the Program is being submitted;

(6) an indication, by major project, of the mains for which construction contributions have been made or committed and the amounts of contributions as of the date of the preparation of the Program;

(7) additional information for major projects for which contributions are made or committed before approval or amendment of the Program; and

(8) for each major project, as applicable:

(i) the estimated maximum diameter, length, and location of water and sewer mains;

(ii) the design capacity and approximate location of pumping stations;

(iii) the maximum population that could be served by each sewer construction item as the item is proposed to be designed;

(iv) the maximum area limits that could be served by gravity systems for each sewer system construction item and the area that each item is designed to serve, with the area limits set forth in a general narrative statement and on a map;

(v) the demonstrated need for each major project, including a presentation of appropriate facts justifying the proposed construction; and

(vi) the estimated cost of each construction item in the Program.
Md. Code, Alcoholic Beverages and Cannabis § 23-1602 — MD Code / Article gab / Title 23 / Subtitle 16 / Section 23-1602
§23–1602.
Status: in_force

(a) (1) Subject to subsection (b) of this section, the Board may not issue:

(i) a Class B license for a restaurant that is within 400 feet of the nearest point of a public school building; or

(ii) any other license for an establishment that is within 500 feet of the nearest point of a public school building.

(2) A decision of the County Board of Education to locate a public school building within 500 feet of the premises of a license holder may not be the basis to revoke or deny the renewal or transfer of the license.

(b) For a license issued on or before June 30, 1971, the Board may renew the license or approve the transfer of the license to a new license holder for the same establishment and type of license.
Md. Code, Transportation § 23-101 — MD Code / Article gtr / Title 23 / Subtitle 1 / Section 23-101
§23–101.
Status: in_force

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

(b) “Division” means the Automotive Safety Enforcement Division of the Department of State Police.

(c) “Equipment” includes all mechanisms that form part of or relate to vehicle equipment.

(d) “Facility” means a licensed dealer or a vehicle garage, repair shop, or gasoline service station.

(e) “Inspection certificate” means a certification by an inspection station, in a format established by the Division, that:

(1) Certifies that, as of its date, a specified vehicle meets or exceeds the standards for equipment established under this title; and

(2) Identifies the inspection station and the licensed individual who personally inspected the vehicle.

(f) “Inspection station” means a facility that is licensed by the Division under this subtitle.

(g) “Police officer” means:

(1) Any uniformed police officer;

(2) Any person listed under § 2–101(c) of the Criminal Procedure Article; or

(3) Any civilian employee of the Department of State Police or the Maryland Transportation Authority Police assigned to enforce this subtitle or any regulation adopted under this subtitle, but only while acting under written authorization of the Secretary of State Police.

(h) “Repair order certification” means a written certification by an inspection station or police department that:

(1) Certifies that, as of its date, the equipment specified in a safety equipment repair order meets or exceeds the standards established under this subtitle; and

(2) Is signed and dated:

(i) On behalf of the inspection station by the licensed individual who personally inspected the vehicle; or

(ii) On behalf of the police department by the authorized police officer who personally inspected the vehicle.

(i) (1) “Vehicle” means, except as otherwise provided in this subsection, any vehicle registered or to be registered in this State as:

(i) A Class A (passenger) vehicle;

(ii) A Class M (multipurpose) vehicle;

(iii) A Class J (vanpool) vehicle;

(iv) A Class E (truck) vehicle;

(v) A Class F (tractor) vehicle;

(vi) A Class G (trailer) vehicle;

(vii) A Class B (for–hire) vehicle;

(viii) A Class D (motorcycle) vehicle; or

(ix) A Class L (historic) vehicle with a model year of 1986 or later.

(2) For purposes of safety equipment repair orders only, “vehicle” means, except as provided in paragraph (3) of this subsection, any motor vehicle, trailer, or semitrailer.

(3) “Vehicle” does not include any Class L (historic) vehicle with a model year of 1985 or earlier, or any trailer which is a mobile home as defined by § 11–134 of this article.
Md. Code, State Personnel and Pensions § 23-308 — MD Code / Article gsp / Title 23 / Subtitle 3 / Section 23-308
§23–308.
Status: in_force

(a) In the year of retirement, a member of the Teachers’ Pension System may purchase credit for eligibility service for periods of employment described in subsection (f) of this section for which the member is not otherwise entitled to service credit.

(b) Except as provided in § 23–308.2 of this subtitle, to purchase service credit under this section, a member must:

(1) complete and file a claim for the service credit with the Board of Trustees on the form that the Board of Trustees provides; and

(2) pay to the Board of Trustees an amount equal to the annuity reserve and pension reserve required to fund the additional allowance.

(c) A member may pay the amount required by subsection (b) of this section by transferring, on written request to the Board of Trustees, any prior contributions to a voluntary retirement benefit, less any costs of administering that benefit.

(d) A member who elects to make payments under subsection (c) of this section and who retires before completing the payments required to purchase this service credit:

(1) is entitled to receive the service credit purchased before the date of retirement; or

(2) may pay at the time of retirement the amount necessary to receive full credit.

(e) The surviving spouse of a member who elects to make payments under subsection (c) of this section may pay for the appropriate final adjustment if:

(1) the member dies while actively employed as a member; and

(2) the deceased member’s service qualifies for a death benefit under § 29–206 of this article.

(f) A member may only purchase service credit under this section for employment:

(1) with an out–of–state public school;

(2) with the federal government;

(3) with a nonpublic school;

(4) with a political subdivision;

(5) as a postsecondary teacher;

(6) with the State;

(7) with a public school as a teacher; or

(8) as a Baltimore City teacher on or before December 31, 1970, on verified leave of absence of not more than 2 years that is similar in all respects to leaves of absence approved by the Board of Trustees.

(g) (1) Except as provided in paragraph (2) of this subsection, the total amount of service credit in the Teachers’ Retirement System or Teachers’ Pension System that a member may purchase under this section and § 23–308.2 of this subtitle may not exceed 10 years.

(2) A member who purchases service credit under this subsection may not purchase more than 5 years of service credit in the Teachers’ Pension System for employment as a postsecondary school teacher.
Md. Code, Alcoholic Beverages and Cannabis § 23-1305 — MD Code / Article gab / Title 23 / Subtitle 13 / Section 23-1305
§23–1305.
Status: in_force

(a) There is a wine festival (WF) license.

(b) The Board may issue the license to a holder of a retail license that authorizes the holder to sell wine, a Class 3 winery license, or a Class 4 limited winery license.

(c) The license authorizes the holder to display and sell wine that is produced and processed in the State.

(d) A license holder shall display and sell wine:

(1) at retail for on– and off–premises consumption; and

(2) during the hours and days designated for the wine festival.

(e) (1) Subject to paragraph (3) of this subsection, the Board shall choose 1 weekend each year for the wine festival.

(2) The Board shall choose a location that is not already licensed.

(3) The weekend chosen for the wine festival may not conflict with the dates chosen for the:

(i) Anne Arundel County Beer and Wine Festival;

(ii) Baltimore County Wine Festival;

(iii) Cumberland and Shenandoah Valley Wine Festival in Washington County; or

(iv) Maryland Wine Festival in Carroll County.

(f) The license fee is $15.

(g) The Board shall adopt regulations to carry out this section.
Md. Code, Education § 23-408 — MD Code / Article ged / Title 23 / Subtitle 4 / Section 23-408
§23–408.
Status: in_force

(a) A person may not unlawfully take, detain, mutilate, injure, or disfigure any book, map, picture, engraving, manuscript, or other property of any library.

(b) Any person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $250, imprisonment not exceeding 3 months, or both.
Md. Code, Education § 23-404 — MD Code / Article ged / Title 23 / Subtitle 4 / Section 23-404
§23–404.
Status: in_force

(a) Each year, each board of library trustees:

(1) Shall elect one of its members as its chairman; and

(2) May elect any other officer it requires.

(b) The treasurer of each board of library trustees shall be bonded adequately.

(c) Each board of library trustees may determine the time and place of its meetings and may adopt rules for the conduct of its meetings. However:

(1) Each board shall meet at least once every 3 months;

(2) Any final action of a board shall be taken at a public meeting; and

(3) The minutes of board meetings shall be open to the public.

(d) (1) Any member of a board of library trustees who fails to attend at least half of the scheduled meetings of the board during any calendar year shall be considered to have resigned from the board.

(2) The chairman of the board of library trustees shall report the member’s name and nonattendance to the county governing body by January 15 of the following year.

(3) The county governing body may reject the resignation if the member explains his nonattendance satisfactorily.

(4) The resignation is effective from the date of the final review by the county governing body, which shall be within 10 days after it receives the report from the chairman of the board of library trustees. The county governing body shall fill any resulting vacancy as provided in § 23-403 of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 23-2502 — MD Code / Article gab / Title 23 / Subtitle 25 / Section 23-2502
§23–2502.
Status: in_force

(a) A person may not bring into a place of adult entertainment and consume or transfer alcoholic beverages, if the entertainment in the place is adult entertainment described in § 4–605 of this article.

(b) A person who operates a place of adult entertainment may not allow a female entertainer to exhibit her breasts below the top of the areola or exhibit the cleft of her buttocks.

(c) (1) A person who operates a place of adult entertainment who knowingly allows a violation of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $5,000 for each violation.

(2) Each day of operation in violation of this section is a separate violation.
Md. Code, Alcoholic Beverages and Cannabis § 23-301 — MD Code / Article gab / Title 23 / Subtitle 3 / Section 23-301
§23–301.
Status: in_force

There is no liquor control board or department of liquor control in the county.
Md. Code, Insurance § 23-403.1 — MD Code / Article gin / Title 23 / Subtitle 4 / Section 23-403.1
§23–403.
Status: in_force

§23–403.1.

If, within 15 business days after the date of written notice from a financial institution that the initial down payment for the coverage being financed has been dishonored, an insurer receives notice of the dishonor from an insurance producer or premium finance company, there is no valid insurance contract or insurance contracts, and the policy shall be voided.
Md. Code, Education § 23-102 — MD Code / Article ged / Title 23 / Subtitle 1 / Section 23-102
§23–102.
Status: in_force

(a) The General Assembly finds:

(1) That public library resources and services are essential components of the educational system; and

(2) That libraries stimulate awareness and understanding of critical social issues, and assist individuals in reaching their highest potential for self–development.

(b) It is the policy of this State:

(1) To continue the orderly development and maintenance of library facilities and services throughout this State, in collaboration with the counties; and

(2) To develop coordinated programs and services among libraries and institutions to:

(i) Provide the widest possible access to the library and information resources of this State; and

(ii) Ensure more effective and economical services to all library users.
Md. Code, Education § 23-402 — MD Code / Article ged / Title 23 / Subtitle 4 / Section 23-402
§23–402.
Status: in_force

(a) (1) The Mayor and City Council of Baltimore shall be governed by the requirements and regulations pertaining to the Enoch Pratt Free Library of Baltimore City as provided in Chapter 181 of the Acts of 1882 and any other laws applicable to the operation of public libraries.

(2) The powers and duties of the Board of Trustees of the Enoch Pratt Free Library are as provided in Chapter 181 of the Acts of 1882 and the Charter and the Articles of Incorporation of the Enoch Pratt Free Library and other laws applicable to the Board of Trustees of the Enoch Pratt Free Library.

(3) A State grant shall be made available to fund the increased operating expenses for the branches of the Enoch Pratt Free Library that increase their operating hours above the hours in effect as of January 1, 2016.

(4) (i) For fiscal year 2023 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation of $3,000,000 to support the additional operating expenses for the increased hours of operation of all branches of the Enoch Pratt Free Library subject to increased operating hours as provided in paragraph (3) of this subsection.

(ii) 1. To receive any State funds under subparagraph (i) of this paragraph, Baltimore City shall provide a 25% match for each dollar of State funds granted to support the additional operating expenses related to the increased hours of operation of the branches of the Enoch Pratt Free Library that, in that fiscal year, will be subject to increased operating hours as provided in paragraph (3) of this subsection.

2. Baltimore City may use public and private funds to satisfy the requirements of subsubparagraph 1 of this subparagraph.

(iii) 1. In calculating the additional operating expenses of the increased hours of operation, the baseline hours of operation of all branches of the Enoch Pratt Free Library are those hours of operation in effect as of January 1, 2016.

2. The Maryland State Library Agency shall establish a process to distribute the State grant to Baltimore City or the Enoch Pratt Free Library for the additional operating expenses related to the increased hours of operation.

(5) (i) It is the intent of the General Assembly that the operating hours of the branches of the Enoch Pratt Free Library that are increased in accordance with paragraphs (3) and (4) of this subsection shall be utilized to advance the library’s commitment to equity, inclusion, and greater access to library resources, programs, and services.

(ii) On or before September 30, 2023, and each September 30 thereafter, the Mayor and City Council of Baltimore City shall provide a report to the Department of Budget and Management and, in accordance with § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee and the House Appropriations Committee that includes:

1. A list of the branches of the Enoch Pratt Free Library with increased operating hours for the previous fiscal year that are above the operating hours in effect as of January 1, 2016; and

2. An evaluation of the impact of the increased hours of operation of the branches of the Enoch Pratt Free Library.

(b) (1) The County Commissioners of Washington County shall be governed by the requirements and regulations pertaining to the Washington County Free Library as provided in Chapter 511 of the Acts of 1898 and any other laws applicable to the operation of public libraries.

(2) The powers and duties of the Board of Trustees of the Washington County Free Library are as provided in Chapter 511 of the Acts of 1898 and the Charter, Articles of Incorporation, and other laws applicable to the Board of Trustees of the Washington County Free Library.

(c) (1) Notwithstanding any other provisions of this subtitle, employees of the Prince George’s County Memorial Library System have the right to organize and bargain collectively through representatives of their choosing as authorized by the Prince George’s County Charter, Section 908, as of July 1, 1986.

(2) Such employees shall be covered under the provisions of the Prince George’s County Labor Code, as provided in § 13A–116 of that Code, as of July 1, 1995.

(3) (i) Notwithstanding any other provision of law, a certified bargaining agent or employee organization that represents employees of the Prince George’s County Memorial Library System may not call or direct a strike.

(ii) Any certified bargaining agent or employee organization designated as an exclusive representative of the employees of the Prince George’s County Memorial Library System that violates any provision of this paragraph shall have its designation as exclusive representative revoked by the Prince George’s County Memorial Library System and the certified bargaining agent, employee organization, and any other employee organization that violates any provision of this paragraph is ineligible to be designated as exclusive representative for a period of 2 years after the violation.

(iii) If a certified bargaining agent or an employee organization violates any provision of this paragraph, the Prince George’s County Memorial Library System shall stop making payroll deductions for dues of the organization for 1 year after the violation.

(d) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Bonus points” means established bonus or percentage points used during the bid evaluation process to adjust the bid price submitted by minority business enterprises for the purpose of ascertaining the lowest bidder.

(iii) “Mandatory set–asides” means a procedure designating a certain percentage of total contract dollars for award to minority business enterprises.

(iv) “Mandatory subcontracting” means a procedure mandating that a certain percentage of the dollar amount of designated contracts be subcontracted to minority business enterprises.

(v) “Minority business enterprise” means any business enterprise:

1. A. That is at least 51 percent owned by 1 or more minority individuals; or

B. In the case of any publicly owned corporation, at least 51 percent of the stock of which is owned by 1 or more minority individuals; and

2. Whose management and daily business operations are controlled by 1 or more minority individuals.

(vi) “Percentage points” means established percentage points given for minority business enterprise participation in a sealed proposal process.

(vii) “Restrictive bidding” means competitive bidding of designated contracts that are restricted to minority business enterprises.

(viii) “Restrictive price quotations” means negotiated small procurements that are restricted to minority business enterprises.

(2) The Board of Trustees of the Prince George’s County Memorial Library System shall undertake and complete an internal and market fact–finding process by January 1, 1990, to assess the appropriate scope of a minority business enterprise program for the Board. The results of the fact–finding process, including statistical data, supporting documentation, and reports, shall be reported to the Prince George’s County Delegation of the General Assembly by January 31, 1990.

(3) If the fact finding required by subsection (b) of this section demonstrates a compelling governmental interest to adopt a remedial minority business enterprise program, the Board of Trustees, by resolution and by implementing rules and regulations, shall establish a minority business enterprise program to facilitate the participation of certified minority business enterprises in contracts awarded by the Board. The program shall include specific goals and the definition of “minority individual”.

(4) In establishing a minority business enterprise program, the Board of Trustees is authorized to use incentives to achieve the designated goals of the program, including but not limited to:

(i) Mandatory set–aside procedures;

(ii) Mandatory subcontracting procedures with reasonable waiver provisions;

(iii) The application of bonus points;

(iv) The application of percentage points;

(v) Restrictive bidding;

(vi) Restrictive price quotations;

(vii) The reduction or waiver of bonding requirements; and

(viii) Incentives to encourage maximum participation by:

1. Small businesses;

2. A variety of different businesses; and

3. Businesses located within Prince George’s County.

(5) (i) The Board of Trustees may appoint a minority business enterprise officer to administer any minority business enterprise program established, who shall submit reports to the Board of Trustees.

(ii) It is the responsibility of the minority business enterprise officer to conduct outreach programs to assist the minority business enterprise community in participating in any minority business enterprise program established under this subsection.

(6) The Board of Trustees shall advise the Prince George’s County Delegation of the General Assembly regarding the substance of any minority business enterprise program that it establishes.

(7) (i) The program shall be evaluated every 2 years.

(ii) The results of any evaluation under this paragraph shall be submitted to the Prince George’s County Delegation of the General Assembly.

(e) In Garrett County, the public library system operated by the Board of Trustees shall be known as the Ruth Enlow Library of Garrett County.
Md. Code, Alcoholic Beverages and Cannabis § 23-101 — MD Code / Article gab / Title 23 / Subtitle 1 / Section 23-101
§23–101.
Status: in_force

(a) In this title:

(1) the definitions in § 1–101 of this article apply without exception or variation; and

(2) the following words have the meanings indicated.

(b) “Board” means the Board of License Commissioners for Howard County.

(c) “County” means Howard County.

(d) “Light wine” means wine that contains not more than 15.5% of alcohol by volume.
Md. Code, Education § 23-110 — MD Code / Article ged / Title 23 / Subtitle 1 / Section 23-110
§23–110.
Status: in_force

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

(2) “Early reader organization” means a nonprofit organization:

(i) That is tax exempt under § 501(c)(3) of the Internal Revenue Code; and

(ii) Whose mission is to distribute to children free, high–quality books designed to aid the development of reading skills.

(3) “Program” means the Baltimore City Young Readers Program.

(b) There is a Baltimore City Young Readers Program in the State Library Agency.

(c) The purpose of the Program is to work with an early reader organization to distribute free, high–quality books to children in Baltimore City.

(d) The State Librarian shall:

(1) Administer the Program; and

(2) Carry out the Program in partnership with an early reader organization partner.

(e) For each fiscal year, the Governor shall include in the annual budget bill an appropriation of $200,000 to the Program.
Md. Code, Alcoholic Beverages and Cannabis § 23-2402 — MD Code / Article gab / Title 23 / Subtitle 24 / Section 23-2402
§23–2402.
Status: in_force

(a) Before docketing an action for judicial review under Title 4, Subtitle 9 of this article, the clerk of the circuit court for the county shall:

(1) collect all court costs from the petitioner; and

(2) receive a statement from the clerk of the Board that the costs for getting records and transcripts of proceedings of the hearing before the Board have been paid.

(b) The costs described in subsection (a)(1) of this section may not be assessed against the Board.
Md. Code, State Personnel and Pensions § 23-307.4 — MD Code / Article gsp / Title 23 / Subtitle 3 / Section 23-307.4
§23–307.
Status: in_force

§23–307.4.

(a) This section applies only to a member of the Employees’ Pension System who:

(1) was an employee of the State prior to November 1, 1996;

(2) as of November 1, 1996, was employed by a private vendor to provide child support enforcement services in Baltimore City; and

(3) resumed employment with the State as of November 1, 2002.

(b) A member described in subsection (a) of this section shall receive service credit for the time the member was employed by a private vendor to provide child support enforcement services in Baltimore City prior to July 1, 1998.

(c) (1) A member described in subsection (a) of this section is entitled to receive service credit for the time the member was employed by a private vendor to provide child support enforcement services in Baltimore City from July 1, 1998, through October 31, 2002.

(2) Prior to retirement, and subject to paragraph (3) of this subsection, a member who receives service credit under this subsection shall deposit in the annuity savings fund or other corresponding fund an amount of money equal to the contribution payments that the member would have paid had the member been a State employee, including regular interest on the contributions at the rate of 5% per year compounded annually.

(3) On retirement, the member’s retirement allowance shall be reduced by the actuarial equivalent of the amount determined under paragraph (2) of this subsection if the member elects not to deposit this amount in the annuity savings or other corresponding fund.
Md. Code, Land Use § 23-505 — MD Code / Article glu / Title 23 / Subtitle 5 / Section 23-505
§23–505.
Status: in_force

(a) In addition to all other remedies provided by law, the district council may authorize the county planning board to impose civil monetary fines or penalties and, if the public health, safety, or welfare is threatened, issue stop work orders for a violation of:

(1) this division;

(2) county subdivision regulations and zoning laws;

(3) any law or regulation that the Commission or the county planning board is exclusively authorized to administer; or

(4) any decision made by the Commission or the county planning board under its respective authority.

(b) (1) A fine not to exceed $500 may be imposed for each violation under this part.

(2) The district council may establish a schedule of fines for each violation and may adopt procedures, consistent with this part, for imposing and collecting the fines.

(3) Each day a violation occurs is a separate violation under this part.
Md. Code, Education § 23-202 — MD Code / Article ged / Title 23 / Subtitle 2 / Section 23-202
§23–202.
Status: in_force

(a) The boards of library trustees of at least three public library systems outside the standard metropolitan statistical areas defined by the United States Bureau of the Census may request the State Library Board to establish and maintain a regional resource center.

(b) Each regional resource center shall provide, through mutual cooperation and coordination, books, information, and other material and service resources that an individual library cannot provide adequately by itself.

(c) (1) A region to be served by a regional resource center shall have a population of at least 100,000.

(2) Subject to approval by the State Library Board, the boards of library trustees of the participating library systems shall designate the library to serve as the resource center.

(d) (1) There is a board of advisors for each regional resource center that shall act as the Regional Advisory Council.

(2) The Council consists of:

(i) The director of the regional resource center; and

(ii) The director of each member library system.

(3) The Council for each regional resource center shall:

(i) Gather information on the resource needs of its region; and

(ii) Promote the use of the regional resource center.

(e) (1) The director of the regional resource center is the executive officer of the regional resource center.

(2) The director:

(i) Is appointed by the governing board established in accordance with § 23–202.1 of this subtitle; and

(ii) Shall serve at the pleasure of the governing board.

(3) The director shall:

(i) Be eligible for certification as a professional library director by the State Superintendent of Schools as set forth in COMAR 14.38.01.01;

(ii) Have the powers and duties set forth in this title; and

(iii) Appoint, promote, fix salaries, assign duties, and terminate personnel of the regional resource center.

(f) (1) The director shall operate the regional resource center in accordance with:

(i) The standards adopted by the State Library Board; and

(ii) The policies adopted by the governing board.

(2) The director shall:

(i) Prepare and submit for the approval of the governing board the annual budget of the regional resource center;

(ii) Adopt and submit for the approval of the governing board reasonable rules and bylaws to carry out this section; and

(iii) Recommend to the governing board the purchase, condemnation, rental, use, sale, or conveyance of property for any valid purpose under this section.

(g) (1) The policies and procedures of the regional resource center shall be:

(i) Recommended by the board of trustees of the library designated as the regional resource center; and

(ii) Approved by the Council.

(2) The policies and procedures for operation of the regional resource center shall be consistent with the State standards for libraries.

(h) Each regional resource center shall:

(1) Make interlibrary loans of books and materials;

(2) Supply collections and exhibits of specialized materials;

(3) Provide consultant services;

(4) Organize in–service training for library staffs; and

(5) Develop and operate cooperative services among libraries.
Md. Code, Education § 23-401 — MD Code / Article ged / Title 23 / Subtitle 4 / Section 23-401
§23–401.
Status: in_force

(a) The governing body of each county may establish, and appropriate an amount to support, a county public library system free from political influence.

(b) Each county public library system shall be governed by a board of trustees. However, a charter county may:

(1) Establish a county library agency and grant it some or all of the powers of a board of trustees; or

(2) Have a board of library trustees, provide for the board’s selection, and determine its powers.
Md. Code, Alcoholic Beverages and Cannabis § 23-701 — MD Code / Article gab / Title 23 / Subtitle 7 / Section 23-701
§23–701.
Status: in_force

(a) There is a Class A light wine license in the county.

(b) The license may be issued to a holder of a Class 4 limited winery license.

(c) (1) The license authorizes the license holder to sell at retail at the place described in the license light wine produced at the winery.

(2) Light wine shall be sold in a sealed package or container that may not be opened or its contents consumed on the licensed premises.

(d) The annual license fee is $50.
Md. Code, State Personnel and Pensions § 23-403 — MD Code / Article gsp / Title 23 / Subtitle 4 / Section 23-403
§23–403.
Status: in_force

(a) This section applies to a former member who:

(1) was eligible for a retirement allowance under § 23-401 or § 23-402 of this subtitle when the former member’s membership terminated;

(2) did not submit a written application under § 23-401 or § 23-402 of this subtitle before membership terminated; and

(3) has not withdrawn the former member’s accumulated contributions, if any.

(b) (1) A former member described in subsection (a) of this section may retire with a retirement allowance under § 23-401 or § 23-402 of this subtitle on the first day of the month after the Board of Trustees receives a written application for retirement from the former member.

(2) A former member who retires under this section may not receive benefits for the period before the former member submitted a completed application for retirement to the Board of Trustees.
Md. Code, Education § 23-501 — MD Code / Article ged / Title 23 / Subtitle 5 / Section 23-501
§23–501.
Status: in_force

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

(b) “Adjusted assessed valuation of real property” means the most recent estimate by the State Department of Assessments and Taxation before the State budget is submitted to the General Assembly, of the sum of 100 percent of the assessed valuation of operating real property of public utilities and 50 percent of the assessed value of all other real property for State purposes as of July 1 of the first completed fiscal year before the fiscal year for which the calculation of State library aid is made under this subtitle.

(c) “Capital expense” means principal and interest payments, or current capital spending or accumulation for:

(1) The purchase of land for libraries;

(2) The purchase and construction of library buildings;

(3) Remodeling and adding to library buildings; and

(4) The purchase of equipment and furniture for these library buildings.

(d) “Net taxable income” means the amount certified by the State Comptroller for the second full calendar year before the fiscal year for which the calculation of State library aid is made under this subtitle, based on tax returns filed on or before July 1 after that calendar year.

(e) “Population” means population determined from figures available as of July 1 of the calendar year before the fiscal year for which the calculation is made, from:

(1) The latest decennial census; or

(2) Estimates prepared by the Maryland Department of Health.

(f) “Real property” means all property classified as real property under § 8–101(b) of the Tax – Property Article.

(g) “Wealth” means the sum of net taxable income and adjusted assessed valuation of real property.
Md. Code, Insurance § 23-201 — MD Code / Article gin / Title 23 / Subtitle 2 / Section 23-201
§23–201.
Status: in_force

(a) A premium finance company must register with the Commissioner before engaging in business as a premium finance company in the State.

(b) An insurer or insurance producer must register with the Commissioner before engaging in the business of financing premiums in the State.
Md. Code, Transportation § 23-109 — MD Code / Article gtr / Title 23 / Subtitle 1 / Section 23-109
§23–109.
Status: in_force

(a) An inspection station or any of its employees may not issue an inspection certificate for a vehicle without having inspected its equipment.

(b) An inspection station or any of its employees may not issue a repair order certification for any specified equipment without having inspected that equipment.

(c) An inspection station or any of its employees may not willfully issue an inspection certificate for a vehicle the equipment of which does not meet or exceed the standards established under this subtitle.

(d) An inspection station or any of its employees may not willfully issue a repair order certification for any specified equipment if that equipment does not meet or exceed the standards established under this subtitle.

(e) In this section, “fictitious” includes an imitation, counterfeit, or altered certificate or certification.

(f) A person may not make, issue, or knowingly use any fictitious inspection certificate or repair order certification.

(g) A person may not issue or cause or permit to be issued a repair order certification knowing it to be fictitious or issued without the equipment having been inspected for compliance with this subtitle.

(h) On suspension or revocation of its license, an inspection station shall surrender to the Division, at its request, the license and all related material issued by the Division.

(i) A person may not materially alter or change any equipment of a vehicle for which an inspection certificate or a repair order certification has been issued under this subtitle.

(j) A person may not willfully violate any rule or regulation adopted under this subtitle relating to inspection procedures and inspection station requirements.

(k) A person convicted of a violation of this section is subject to imprisonment not exceeding 6 months or a fine not exceeding $500 or both for each vehicle for which there is a violation.
Md. Code, Insurance § 23-305 — MD Code / Article gin / Title 23 / Subtitle 3 / Section 23-305
§23–305.
Status: in_force

(a) A premium finance company may charge an initial service fee, which may not exceed $20, for actual expenses.

(b) The initial service fee may not be refunded on cancellation or repayment.
Md. Code, Insurance § 23-210 — MD Code / Article gin / Title 23 / Subtitle 2 / Section 23-210
§23–210.
Status: in_force

Suspension, revocation, or surrender of a registration does not affect the obligation of an insured under a lawful premium finance agreement previously acquired or held by the registrant.
Md. Code, Public Utilities § 23-203 — MD Code / Article gpu / Title 23 / Subtitle 2 / Section 23-203
§23–203.
Status: in_force

(a) Except as provided in subsection (e) of this section, this section does not apply to streets, roads, alleys, sidewalks, or public property in the jurisdiction of Montgomery County.

(b) (1) The Commission shall make taps in installations of the Commission at a charge that the Commission considers reasonable.

(2) The Commission may construct and make water service connections of 2 inches or larger and charge for the connections at the actual cost to the Commission.

(c) The Commission may authorize the construction of service connections by a master plumber, who is registered in the sanitary district, under the supervision of the Commission.

(d) (1) If the Commission, by resolution, authorizes service connections to be made by a master plumber, under regulations and after issuance of a written permit by the Commission, the master plumber may enter on and cut into a street under the jurisdiction of a public authority to the same extent that the Commission may enter on and cut into the street.

(2) (i) The master plumber shall first post with the Commission an indemnity bond in an amount set by and with sureties approved by the Commission.

(ii) The bond shall indemnify the Commission and any State, county, or municipal authority having jurisdiction over the street against all loss, cost, or damage that may be caused by the master plumber’s entering on and cutting into the street.

(iii) The master plumber shall deposit with the Commission in cash a sum set by the Commission to cover the cost of resurfacing the cut.

(3) (i) The only permit required shall be a permit issued by the Commission in accordance with this section.

(ii) The master plumber shall notify the authority having control of the street to be entered and cut of the time and nature of the work to be done.

(e) Before cutting into a street, road, alley, sidewalk, or public property under the jurisdiction of Montgomery County, a master plumber shall secure a permit from the county and pay a fee and comply with regulations established by the county.

(f) The Commission shall adopt regulations to implement this section.
Md. Code, Education § 23-905 — MD Code / Article ged / Title 23 / Subtitle 9 / Section 23-905
§23–905.
Status: in_force

(a) The employer and the certified exclusive representative have a responsibility to engage in good faith bargaining over matters required by law.

(b) The employer and the certified exclusive representative jointly shall be responsible for fostering a positive labor relations environment based on mutual trust, respect, communication, and cooperation.

(c) The goal of collective bargaining is the delivery of quality public services to the residents of the State in a manner that is consistent and compliant with law.
Md. Code, Education § 23-304 — MD Code / Article ged / Title 23 / Subtitle 3 / Section 23-304
§23–304.
Status: in_force

Each bicounty agency shall:

(1) Designate an agency publications contact person, and notify the Center of the designation;

(2) Furnish to the Center 1 copy of each publication to meet the requirements of the depository system; and

(3) Furnish 1 copy each to a designated branch library within each county library system of the counties in which the bicounty agency operates or furnish all copies to the Center for distribution as stated in this section.
Md. Code, Public Utilities § 23-201 — MD Code / Article gpu / Title 23 / Subtitle 2 / Section 23-201
§23–201.
Status: in_force

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

(2) “Authorization for service” means an application by a property owner or developer to the Commission for water or sewer service that requires the construction of subdivision lines.

(3) “Development” means a project for the construction of:

(i) two or more residential dwelling units; or

(ii) a commercial or industrial structure.

(4) “Health hazard” means an owner–occupied residential property with a failing well or septic system as certified by the State or a local health department.

(5) “Payment security” means security to guarantee payment to the utility contractor, subcontractors, and suppliers that provide labor, materials, or construction equipment for the construction of subdivision lines.

(6) “Performance security” means security to guarantee completion of the construction of subdivision lines.

(7) (i) “Subdivision lines” means the water and sewer pipelines or facilities necessary to provide service to a development, including service connections to individual lots or properties in a development.

(ii) “Subdivision lines” does not include pipelines or facilities that constitute major projects as defined in § 23–301 of this title.

(b) (1) Subject to paragraph (2) of this subsection, this section does not apply to:

(i) authorizations for service for which:

1. application was made with the Commission on or before June 30, 1999; and

2. the Commission entered into a contract for construction of subdivision lines with notice to proceed issued by the Commission to its contractor on or before June 30, 2001; or

(ii) authorizations for service for the relief of health hazards.

(2) Each part of a multipart authorization for service shall be considered a separate authorization under paragraph (1) of this subsection.

(c) Notwithstanding any other provision of law and except as provided in subsection (b) of this section, the owner or developer of a development in the sanitary district shall construct all subdivision lines for the development at the expense of the owner or developer.

(d) Before constructing subdivision lines, the owner or developer of a development shall enter into an agreement with the Commission that:

(1) requires the subdivision lines to be constructed under plans and specifications submitted to and approved by the Commission;

(2) requires the owner or developer to comply with all applicable laws and requirements for the construction of the subdivision lines;

(3) provides for the inspection of the subdivision lines by the Commission before the line is placed in service;

(4) requires the property owner or developer to provide:

(i) performance security payable to the Commission in an amount acceptable to the Commission, taking into account potential cost escalation; and

(ii) payment security payable to the Commission in an amount equal to the amount of the performance security; and

(5) provides that before the subdivision lines are placed in service, the property owner or developer shall provide the Commission with a release of liens, on a form acceptable to the Commission, signed by the utility contractor and notarized, stating that the utility contractor, subcontractors, and suppliers have been paid.

(e) Acceptable forms of performance security and payment security under subsection (d) of this section are:

(1) a certified check;

(2) a cash deposit;

(3) a certificate of deposit;

(4) an irrevocable letter of credit from a financial institution acceptable to the Commission and in a form acceptable to the Commission;

(5) a bond executed by a surety company authorized to do business in the State; or

(6) any other form of security acceptable to the Commission.

(f) (1) (i) A utility contractor, subcontractor, or supplier providing labor, materials, or equipment for the construction of the subdivision lines that has not been paid may file a claim against the payment security within 180 days after completion of construction of the subdivision lines under the procedure required in the payment security.

(ii) If a procedure is not specified in the payment security, the procedure shall be as established by regulations adopted by the Commission.

(2) The Commission may not release or reduce the amount of the payment security until:

(i) all claimants have been paid; or

(ii) 180 days have passed since completion of construction and no claims have been made.
Md. Code, Alcoholic Beverages and Cannabis § 23-2403 — MD Code / Article gab / Title 23 / Subtitle 24 / Section 23-2403
§23–2403.
Status: in_force

In addition to the other powers of the circuit court for the county provided in Title 4, Subtitle 9 of this article, the court may remand the proceedings to the Board.
Md. Code, Education § 23-909 — MD Code / Article ged / Title 23 / Subtitle 9 / Section 23-909
§23–909.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, the employer and the certified exclusive representative shall reach an agreement by February 1 of the year in which a collective bargaining agreement will expire.

(2) Subject to paragraph (3) of this subsection, the employer and the certified exclusive representative mutually may agree to extend negotiations for a period not to extend past June 30 of the year in which a collective bargaining agreement will expire.

(3) Any extension must acknowledge any relevant county budgetary deadlines in writing to ensure that parties meet crucial funding deadlines.

(b) An impasse is reached during the negotiations between the employer and the certified exclusive representative if the employer and the certified exclusive representative do not reach an agreement by:

(1) Stating they have mutually agreed that they are at an impasse;

(2) February 1 of the year in which a collective bargaining agreement will expire; or

(3) If negotiations were extended, the date to which negotiations were extended under subsection (a)(2) of this section.

(c) (1) If an impasse is reached under subsection (b) of this section, the employer and the certified exclusive representative shall each submit a final offer to the other party within 48 hours after the impasse is reached.

(2) Unless the impasse reached under subsection (b) of this section has been resolved, the dispute and the final offers shall be submitted to the mediator selected by the parties in accordance with subsection (d) of this section.

(d) (1) Within 30 days after a mediator is selected by the parties, the mediator shall:

(i) Meet with the employer and the certified exclusive representative; and

(ii) Make written findings of fact and recommendations for the resolution of the dispute in accordance with this subsection.

(2) (i) If the parties are unable to agree on a mediator, they shall request a list of seven mediators from the Federal Mediation and Conciliation Service.

(ii) 1. Subject to subsubparagraph 2 of this subparagraph, within 3 working days after receiving the list under subparagraph (i) of this paragraph, the parties shall alternately remove one mediator from the list until only one mediator remains, who the parties shall agree will serve as the mediator under this subsection.

2. The parties shall select which party removes the first mediator from the list by using a selection method that is random and of equal chance for both parties.

(3) The mediator shall act as an intermediary in bringing the parties together and shall actively assist the parties in resolving the dispute by:

(i) Conducting proceedings in accordance with this subsection;

(ii) Identifying the major issues in the dispute between the parties;

(iii) Reviewing the positions of the parties; and

(iv) Recommending a resolution for the agreement of the parties.

(4) A resolution under this subsection:

(i) Shall address matters such as wages, hours, or terms and conditions of employment;

(ii) Except for costs assessed to employees for health care benefits, may not include health care benefits unless the benefits are contracted directly through the public library system; and

(iii) May not exceed 1 fiscal year, unless agreed to by the parties.

(5) (i) Any resolution under this subsection regarding pension benefits shall be construed as a recommendation for consideration by the pension sponsor of the State or respective county.

(ii) A change may not be made to pension benefits unless an appropriate plan amendment is adopted by the plan sponsor of the State or respective county.

(6) (i) Before issuing a final decision, the mediator shall take into consideration, among any other relevant factors:

1. The wages and pension benefits, not including health care benefits, of the employees of the bargaining unit;

2. The wages and pension benefits of other similarly situated employees performing similar services in libraries of comparable counties in the State, taking into consideration the cost–of–living index for the area in which the comparable county is located;

3. Wages and pension benefits of similarly situated county employees;

4. The last published annual U.S. Department of Labor Consumer Price Index for All Urban Consumers for All Items in the Washington–Baltimore area;

5. The special nature of the work performed by the employees of the bargaining unit, including:

A. Physical requirements of employment;

B. Educational requirements;

C. Job training and job skills; and

D. Shift assignments and the demands placed on the employees compared to the demands placed on other similarly situated library employees in comparable county jurisdictions;

6. State and county mandated expenditures;

7. Subject to subparagraph (ii) of this paragraph, availability of funds, including financial sources of revenue; and

8. The interest and welfare of the public.

(ii) In considering the availability of funds for wage increases, the mediator shall consider the general fund revenues of the respective county and any related county reports on revenues.

(7) A mediator may not consider testimony regarding funds for capital improvements, surplus contingency, or reserve funds.

(8) (i) The parties are strongly encouraged to reach an agreement on all issues whenever possible.

(ii) If no agreement can be reached by the parties, the mediator shall issue a report with the mediator’s decision, including written findings of fact.

(9) The mediator may adopt a package of final positions or rule on each matter separately.

(10) The mediator shall submit copies of the mediator’s written findings and recommendations to the employer and the certified exclusive representative on or before the immediately following April 2.

(11) Any costs associated with this subsection shall be shared equally by the employer and the certified exclusive representative.

(12) This subsection may not be construed to interfere with any efforts the parties may undertake to reach an agreement at any time.

(13) The funding body of the applicable county is not bound by any decision made under this subsection.

(14) The procedure in this subsection shall be the exclusive procedure for resolving disputes between the parties, unless the parties, by mutual agreement, determine to use another method of dispute resolution.

(e) (1) The mediator shall submit the findings and recommendations of the mediator to the employer in a timely manner consistent with the timing of paragraph (2) of this subsection.

(2) The employer shall approve all recommendations and findings of the mediator that do not require an appropriation of additional funds within 14 days after the mediator’s decision.
Md. Code, Education § 23-901 — MD Code / Article ged / Title 23 / Subtitle 9 / Section 23-901
§23–901.
Status: in_force

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

(b) (1) “Certified exclusive representative” means the employee organization that has been certified as the collective bargaining agent for a bargaining unit.

(2) “Certified exclusive representative” includes an employee organization certified to exclusively represent public library employees before July 1, 2024.

(c) “Confidential employee” means an employee who:

(1) Is required to develop or present management positions with respect to employer–employee relations; and

(2) Whose duties normally require access to confidential information that contributes significantly to the development of the management positions with respect to employer–employee relations.

(d) “Director” means the director, chief executive officer, or chief officer of the applicable public library system, or the designee of the director, chief executive officer, or chief officer.

(e) (1) “Employee” means a full–time or part–time employee of a public library system.

(2) “Employee” does not include a confidential employee, management employee, or supervisory employee.

(f) “Employee organization” means an organization that admits employees of the employer as members and has as a primary purpose the representation of the employees in their relations with the employer.

(g) “Employer” means a public library system and, where applicable, the board of trustees for the public library system.

(h) “Funding body” means:

(1) (i) For a charter county that does not have an elected chief executive officer, the county council;

(ii) For a charter county that has an elected chief executive officer, the governing body of the county, as provided by the county charter; or

(iii) For a code or commission county, the county commissioners; or

(2) For Baltimore City, the Mayor and City Council of Baltimore City.

(i) “Management employee” means an employee who generally has authority and who:

(1) Formulates policy that is applicable throughout a bargaining unit;

(2) Has a significant role in personnel administration, employee relations, or the preparation and administration of budgets for the employer; or

(3) May reasonably be required to:

(i) Assist directly in the preparation for and conduct of collective bargaining negotiations on behalf of the employer; or

(ii) Have a major role in the administration of resulting collective bargaining agreements.

(j) (1) “Public library system” means a county public library system.

(2) “Public library system” includes the Enoch Pratt Free Library.

(3) “Public library system” does not include the public library system of Baltimore County, Montgomery County, or Prince George’s County.

(k) “Supervisory employee” means an employee who is authorized to:

(1) Hire, transfer, suspend, lay off, recall, promote, discharge, assign, reward, or discipline employees;

(2) Responsibly direct employees for more than 50% of the employee’s working hours; or

(3) Address and resolve the grievances of employees.
Md. Code, State Personnel and Pensions § 23-307 — MD Code / Article gsp / Title 23 / Subtitle 3 / Section 23-307
§23–307.
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, in the year of retirement, a member of the Employees’ Pension System may purchase credit for eligibility service of up to 10 years for periods of employment described in paragraph (3) of this subsection for which the member is not otherwise entitled to service credit.

(2) To purchase service credit under this subsection, a member must:

(i) complete a claim for the service credit and file it with the Board of Trustees on the form that the Board of Trustees provides; and

(ii) pay to the Board of Trustees an amount equal to the annuity reserve and pension reserve required to fund the additional allowance.

(3) A member may only purchase service credit under this subsection for employment with:

(i) the State;

(ii) a political subdivision in the State;

(iii) an out–of–state school as a teacher;

(iv) the federal government;

(v) an out–of–state political subdivision;

(vi) a public or nonpublic school as a teacher; or

(vii) a postsecondary school as a teacher.

(b) (1) This subsection does not apply to an employee of a participating governmental unit or a former participating governmental unit that has withdrawn.

(2) In the year of retirement, a member of the Employees’ Pension System may purchase credit for eligibility service for periods of employment with the State for which the member is not otherwise entitled to service credit in a State system.

(3) A member who purchases service credit under this subsection may not purchase:

(i) more than a total of 10 years of service credit in the Employees’ Pension System;

(ii) service credit for any period of employment during which the member participated in the optional retirement program; or

(iii) more than a total of 5 years of service credit in the Employees’ Pension System for employment as a postsecondary school teacher.

(4) To purchase service credit under this subsection, a member must:

(i) complete a claim for the service credit and file it with the Board of Trustees on the form that the Board of Trustees provides; and

(ii) pay to the Board of Trustees an amount equal to one–half of the annuity reserve and one–half of the pension reserve required to fund the additional allowance.

(c) (1) A member of the Employees’ Pension System may purchase credit for eligibility service for previous service in a position described in § 23-204(a) of this title.

(2) To purchase the service credit, the member must pay in a single payment, the contributions, with interest, that the Board of Trustees considers appropriate.

(d) (1) A member of the Employees’ Pension System who is employed by a member of the State Senate or House of Delegates for at least 130 days per year as a legislative employee before becoming a member is considered to have been a permanent part–time legislative employee.

(2) A member described in paragraph (1) of this subsection may purchase credit for eligibility service for that period of legislative employment by paying to the Board of Trustees:

(i) for a period of employment on or before December 31, 1979, the sum of:

1. the amount that the member would have been required to contribute for that period of employment; and

2. 5% regular interest on the member’s contributions, compounded annually; and

(ii) for a period of employment on or after January 1, 1980, the sum of:

1. one–half of the amount that the member would have been required to contribute for that period of employment;

2. one–half of the amount that the State would have been required to contribute for the member for that period of employment; and

3. 5% regular interest on the member’s and State’s contributions, compounded annually.
Md. Code, Education § 23-505 — MD Code / Article ged / Title 23 / Subtitle 5 / Section 23-505
§23–505.
Status: in_force

(a) To be eligible for its State share of the minimum program, a county government shall levy an annual tax sufficient to provide an amount for library purposes equal to:

(1) The wealth of the county; times

(2) A uniform percentage, rounded to the fifth decimal place equal to:

(i) 60 percent of the total minimum program for current and capital expenses to be shared for all counties; divided by

(ii) The total wealth of all the counties.

(b) The State share of the minimum program for current and capital expenses for each county is the difference between the county share calculated under subsection (a) of this section and the minimum program for current and capital expenses to be shared under § 23-503 of this subtitle.

(c) Not more than 20 percent of the county and State shares may be applied to capital expenses.

(d) The county appropriation for capital expenses may include funds from any source except the State.
Md. Code, Transportation § 23-102 — MD Code / Article gtr / Title 23 / Subtitle 1 / Section 23-102
§23–102.
Status: in_force

(a) There is an Automotive Safety Enforcement Division in the Department of State Police.

(b) The Division shall have those employees that the Secretary of State Police assigns and as provided in the State budget.

(c) (1) The Division shall enforce this subtitle in each of the counties of this State and Baltimore City.

(2) Civilian employees of the Division designated by the Secretary of State Police shall have the authority to enforce this subtitle and any regulation adopted under it when acting under written authorization of the Secretary.
Md. Code, Alcoholic Beverages and Cannabis § 23-802 — MD Code / Article gab / Title 23 / Subtitle 8 / Section 23-802
§23–802.
Status: in_force

(a) There is a Class B beer and light wine license.

(b) (1) The Board may issue the license for use by a hotel or restaurant.

(2) The license authorizes the license holder to sell beer and light wine at a hotel or restaurant, at retail, at the place described in the license, for on– and off–premises consumption.

(c) The annual license fee is $175.
Md. Code, Alcoholic Beverages and Cannabis § 23-2503 — MD Code / Article gab / Title 23 / Subtitle 25 / Section 23-2503
§23–2503.
Status: in_force

(a) From 2 a.m. to 6 a.m. on any day, an individual may not consume alcoholic beverages in:

(1) an establishment open to the public;

(2) a place of public entertainment; or

(3) a place at which setups or other component parts of mixed alcoholic beverages are sold under a license issued under the Business Regulation Article.

(b) An owner or a manager of an establishment or a place specified in subsection (a) of this section may not knowingly allow consumption of alcoholic beverages between the hours specified in subsection (a) of this section.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.
Md. Code, Alcoholic Beverages and Cannabis § 23-1509 — MD Code / Article gab / Title 23 / Subtitle 15 / Section 23-1509
§23–1509.
Status: in_force

Before the Board or the Hearing Board issues a license, the Board or the Hearing Board shall give particular consideration to the avoidance of the overconcentration of licenses in neighborhoods, particularly neighborhoods of poverty.
Md. Code, Insurance § 23-311 — MD Code / Article gin / Title 23 / Subtitle 3 / Section 23-311
§23–311.
Status: in_force

A premium finance company is not required to reinstate a policy if:

(1) the insurer requires a reinstatement fee, as authorized under § 27–216(b)(5) of this article, to be paid by the insured; and

(2) the insured does not timely pay the reinstatement fee.
Md. Code, Transportation § 23-207 — MD Code / Article gtr / Title 23 / Subtitle 2 / Section 23-207
§23–207.
Status: in_force

The Administration and the Secretary may jointly adopt rules and regulations as required for purposes of implementation, administration, regulation, and enforcement of the provisions of this subtitle, including rules and regulations that, consistent with federal law, exempt certain vehicles from the inspections and tests under this subtitle.
Md. Code, State Personnel and Pensions § 23-501 — MD Code / Article gsp / Title 23 / Subtitle 5 / Section 23-501
§23–501.
Status: in_force

(a) This section applies to an individual who is a former vested member, retiree, or surviving beneficiary of a deceased member, former vested member, or retiree, who, on or after June 30, 2005, is required to become a former vested member, retiree, or surviving beneficiary of a deceased member, former vested member, or retiree of the Employees’ Pension System as provided under § 21-306(f) or (g) of this article.

(b) An individual described under subsection (a) of this section shall continue to receive benefits in accordance with the provisions of Title 28 of this article.
Md. Code, Education § 23-904 — MD Code / Article ged / Title 23 / Subtitle 9 / Section 23-904
§23–904.
Status: in_force

Employees of the employer may:

(1) Form, join, and participate in an employee organization;

(2) Bargain collectively through a certified exclusive representative of their choice;

(3) Engage in lawful concerted activities for their mutual aid and protection; and

(4) Refrain from any activity covered under items (1) through (3) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 23-402 — MD Code / Article gab / Title 23 / Subtitle 4 / Section 23-402
§23–402.
Status: in_force

A holder of a manufacturer’s license may sell or deliver alcoholic beverages to a holder of a retail license from 6 a.m. to midnight on every day except Sunday.
Md. Code, Alcoholic Beverages and Cannabis § 23-1309 — MD Code / Article gab / Title 23 / Subtitle 13 / Section 23-1309
§23–1309.
Status: in_force

(a) In this section, “educational event” means an event at which a speaker provides instruction on how to develop a foundation of alcoholic beverages knowledge, including:

(1) styles of beer, wine, and liquor;

(2) methods of tasting beer, wine, and liquor;

(3) pairing food and beer, wine, and liquor; and

(4) serving, storing, and buying beer, wine, and liquor.

(b) The Board may issue:

(1) an educational event beer and wine tasting (BWT) license; and

(2) an educational event beer, wine, and liquor tasting (BWLT) license.

(c) (1) An educational event BWT license may be issued to a holder of:

(i) a Class A beer and wine license; or

(ii) a Class A beer, wine, and liquor license.

(2) An educational event BWLT license may be issued to a holder of a Class A beer, wine, and liquor license.

(d) (1) An educational event BWT license authorizes the on–premises consumption, for tasting or sampling, of:

(i) beer; or

(ii) wine containing not more than 15.5% of alcohol by volume.

(2) An educational event BWLT license:

(i) has the privileges of a BWT license set out in paragraph (1) of this subsection; and

(ii) authorizes the on–premises consumption, for tasting or sampling, of liquor.

(3) (i) An educational event BWT license and educational event BWLT license authorize the license holder to provide alcoholic beverages from the license holder’s inventory to a consumer who has preregistered for an educational event.

(ii) The alcoholic beverages may be provided at a prorated charge that covers the cost of the educational event, including alcoholic beverages, snacks, and a speaker.

(e) (1) A holder of an educational event BWT license may not serve:

(i) wine in a quantity of more than 1 ounce from any individual brand and more than 6 ounces in the aggregate to any one individual in a single day; or

(ii) beer in a quantity of more than 2 ounces from any individual brand and more than 6 ounces in the aggregate to any one individual in a single day.

(2) A holder of an educational event BWLT license:

(i) is subject to the prohibitions set out in paragraph (1) of this subsection; and

(ii) may not serve liquor in a quantity of more than 1/2 ounce from any individual brand and not more than 3 ounces in the aggregate to any one individual in a single day.

(f) In addition to the fee for any other license, the annual fees are:

(1) $100 for an educational event BWT license; and

(2) $100 for an educational event BWLT license.
Md. Code, Alcoholic Beverages and Cannabis § 23-2704 — MD Code / Article gab / Title 23 / Subtitle 27 / Section 23-2704
§23–2704.
Status: in_force

(a) (1) The prohibitions in §§ 6–308 and 6–319 of this article concerning the on–premises consumption of alcoholic beverages not purchased from a license holder do not apply to a social event, including a dance, wedding, or fundraiser, that is held in a hall rented from and located on the premises of a veterans organization that holds a license.

(2) The veterans organization may not sell or provide alcoholic beverages to the individuals attending the social event.

(b) Residents and guests of residents in a continuing care retirement community that holds a Class C (continuing care retirement community) beer, wine, and liquor license may consume beer, wine, or liquor not purchased from the continuing care retirement community if:

(1) the beer, wine, or liquor is consumed with a meal in the dining room; and

(2) the continuing care retirement community:

(i) is operated by a nonprofit organization for the continuing care retirement of individuals at least 60 years old;

(ii) has been incorporated for at least 1 year;

(iii) has obtained a certificate of registration from the Department of Aging under Title 10, Subtitle 4 of the Human Services Article; and

(iv) prepares and serves meals during regular operating hours to residents and their guests.
Md. Code, Alcoholic Beverages and Cannabis § 23-2802 — MD Code / Article gab / Title 23 / Subtitle 28 / Section 23-2802
§23–2802.
Status: in_force

(a) The Board may impose a fine not exceeding $2,000 for each offense or suspend a license or both for a violation that is cause for suspension of a license.

(b) Fines collected under this section shall be paid into the general fund of the county.
Md. Code, Public Utilities § 23-205 — MD Code / Article gpu / Title 23 / Subtitle 2 / Section 23-205
§23–205.
Status: in_force

§23–205. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2034 PER CHAPTER 679 OF 2024 //

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

(2) “Fund” means the Connection Pipe Emergency Replacement Fund.

(3) (i) “Pipe” means a water or sewer service pipe connection located on a Commission customer’s property that connects from the Commission’s service connection to a customer’s residence.

(ii) “Pipe” includes polybutylene pipes.

(4) “Program” means the Connection Pipe Emergency Replacement Loan Program.

(b) The Commission shall establish a Connection Pipe Emergency Replacement Loan Program.

(c) The purpose of the Program is to provide loans to residential customers to diagnose and finance the replacement of malfunctioning pipes.

(d) The Program shall include:

(1) eligibility requirements for participation in the Program, including eligibility requirements for:

(i) customers applying to receive a loan through the Program;

(ii) the type of connection pipe that is being installed to replace the existing connection pipe;

(iii) the type of malfunction and pipe replacement emergency that qualifies for the Program; and

(iv) the type of diagnostic action that qualifies for the Program;

(2) a requirement that a customer receive notification or have certification that there is an active leak in the pipe that will be replaced;

(3) loan terms and conditions, including an interest rate repayment schedule and an administrative processing fee;

(4) a requirement that the replacement of malfunctioning pipes or a diagnostic action taken under the Program be performed by a plumber licensed by the Commission; and

(5) a prohibition on the Commission replacing malfunctioning pipes under the Program.

(e) (1) The Program shall provide loans to customers on a first–come, first–served basis.

(2) A loan made under the Program may not exceed $10,000.

(3) A customer may not receive more than one loan at a time under the Program.

(f) (1) Subject to paragraph (3) of this subsection, the Program shall require a customer to repay a loan provided under the Program:

(i) through a separate charge on the customer’s water and sewer bill; or

(ii) by another method determined by the Commission.

(2) The Commission may not set a charge greater than an amount that allows the Commission to recover the costs associated with:

(i) financing the loan; and

(ii) administering the Program.

(3) A person who acquires property subject to a charge under this section assumes the obligation to pay the charge.

(g) (1) (i) Subject to paragraph (4) of this subsection, a loan provided under the Program shall be a lien against the property on which a malfunctioning pipe has been replaced or a diagnostic action has been taken.

(ii) A lien under subparagraph (i) of this paragraph shall continue until the loan is paid in full to the Commission.

(2) The Commission shall be the sole holder of the lien established under paragraph (1) of this subsection.

(3) (i) The Commission shall record a lien established under this subsection in the land records of the county where the property is located.

(ii) A lien established under this subsection shall secure payment of a loan, including the principal, interest, late charges, cost of collection, and reasonable attorney’s fees.

(iii) Enforcement of a lien established under this subsection shall be in accordance with the Maryland Contract Lien Act.

(4) A lien established under this subsection may not take priority over a lien, mortgage, deed of trust, or other security interest that is:

(i) already attached to the property at the time the lien established under this subsection is recorded; or

(ii) given to secure a loan to:

1. purchase the property subject to the lien established under this subsection; or

2. refinance a loan that is already attached to the property at the time the lien established under this subsection is recorded.

(5) The Program may not provide, or at any time have outstanding, more than $2,000,000 total in loans.

(h) The Commission shall include $200,000 annually in the Commission’s budget for the Program for fiscal years 2020 through 2034.

(i) (1) There is a Connection Pipe Emergency Replacement Fund.

(2) The purpose of the Fund is to provide funding for the Program.

(3) Notwithstanding any other provision of law, the Fund shall be administered solely by the Commission or the Commission’s designee.

(4) The Fund consists of:

(i) money appropriated by the Commission from ratepayer funds only;

(ii) any investment earnings of the Fund; and

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

(5) The Fund may be used only for:

(i) providing loans through the Program; and

(ii) the administration of the Program.
Md. Code, State Personnel and Pensions § 23-217 — MD Code / Article gsp / Title 23 / Subtitle 2 / Section 23-217
§23–217.
Status: reserved

(a) Except as provided in subsection (b) of this section, this Part II of this subtitle applies to an individual who is:

(1) a member of the Employees’ Pension System or the Teachers’ Pension System; or

(2) a member of the Employees’ Retirement System or the Teachers’ Retirement System subject to Selection C (Combination Formula) as provided in § 22-221 of this article.

(b) This Part II of this subtitle does not apply to an individual who is:

(1) an employee of:

(i) a participating governmental unit that has not elected the contributory pension benefit for its employees under § 31-116 of this article; or

(ii) a former participating governmental unit, other than Frederick County, that has withdrawn;

(2) a member of the Employees’ Pension System or Teachers’ Pension System who transferred from the Employees’ Retirement System or Teachers’ Retirement System after April 1, 1998; or

(3) a member who is subject to the Alternate Contributory Pension Selection under Part III of this subtitle.
Md. Code, Education § 23-102.2 — MD Code / Article ged / Title 23 / Subtitle 1 / Section 23-102.2
§23–102.
Status: in_force

§23–102.2.

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

(2) “Automated external defibrillator (AED)” has the meaning stated in § 13–517 of this article.

(3) (i) “Library” means:

1. Each branch of a county library system; or

2. The Enoch Pratt Free Library.

(ii) “Library” does not include:

1. A school library established by a local school system;

2. A mobile library unit; or

3. A correctional facility library.

(b) Beginning January 1, 2026, each library shall:

(1) Place an automated external defibrillator in a prominent area, accessible to employees and library users;

(2) Comply with § 13–517 of this article; and

(3) Maintain the functionality of the automated external defibrillator.

(c) In addition to any other immunities available under statutory or common law:

(1) A library is not civilly liable for any act or omission in the provision of automated external defibrillation if the library has satisfied the requirements under this section;

(2) An individual is not civilly liable for any act or omission if:

(i) The individual is acting in good faith while rendering automated external defibrillation to another individual who is the victim or is reasonably believed by the individual to be a victim of a sudden cardiac arrest;

(ii) The assistance or aid is provided in a reasonably prudent manner; and

(iii) The automated external defibrillation is provided without fee or other compensation; and

(3) A library or individual is not civilly liable for failing to render automated external defibrillation to an individual who is a victim or is reasonably believed to be a victim of a sudden cardiac arrest.
Md. Code, Public Utilities § 23-302 — MD Code / Article gpu / Title 23 / Subtitle 3 / Section 23-302
§23–302.
Status: in_force

(a) In this subtitle, the requirements and responsibilities of the county executives and county councils or successor forms of governments shall be performed separately or jointly by the branches of the respective county governments as provided by charter or other law.

(b) The designation of a specific branch of county government is not intended to expand, limit, modify, or vary the powers and duties of the county executives and county councils of Montgomery County or Prince George’s County.
Md. Code, Transportation § 23-105 — MD Code / Article gtr / Title 23 / Subtitle 1 / Section 23-105
§23–105.
Status: in_force

(a) (1) If a police officer observes that a vehicle registered in this State is being operated with any equipment that apparently does not meet the standards established under this subtitle or the standards established under § 24-106.1(e) of this article, the officer shall stop the driver of the vehicle and issue to him a safety equipment repair order.

(2) A police officer may issue a safety equipment repair order for a cover required under § 24-106.1(e) of this article only if:

(i) The vehicle is equipped with a cover; and

(ii) The cover, or any equipment necessary to properly secure the cover, does not meet the standards established under § 24-106.1(e) of this article.

(b) The safety equipment repair order shall direct the owner of the vehicle:

(1) To have the equipment corrected as necessary at a place of the owner’s choosing within 10 days from the issuance of the order; and

(2) To send to the Division a repair order certification dated subsequent to the issuance of the order.

(c) (1) If a safety equipment repair order is for equipment that can be certified as corrected or adequate by visual inspection and without the use of testing equipment, any police department that issues safety equipment repair orders and repair order certifications shall, on request of the owner:

(i) Visually inspect the vehicle; and

(ii) If the equipment meets or exceeds the standards established under this subtitle, issue a repair order certification.

(2) The Division shall determine the equipment that may be inspected visually under this subsection and shall adopt rules and regulations to carry out its provisions.

(d) The Division shall prepare and provide safety equipment repair order forms and repair order certification forms.

(e) (1) In cooperation with the Administration, the Division shall adopt rules and regulations to carry out the provisions of this section.

(2) The rules or regulations shall provide for:

(i) Suspending the registration of any vehicle for which a safety equipment repair order has been issued, on failure to comply with the order within 30 days after its issuance; and

(ii) Reinstating the suspended registration, on receipt of satisfactory evidence that the equipment has been corrected or that the equipment meets or exceeds the standards established under this subtitle.

(f) This section does not limit or supersede any other provision of law concerning vehicle equipment or the means of enforcing the laws relating to that equipment.
Md. Code, Education § 23-206 — MD Code / Article ged / Title 23 / Subtitle 2 / Section 23-206
§23–206.
Status: in_force

(a) Any two or more boards of library trustees acting as incorporators under this section and the nonstock corporation laws may organize a cooperative library corporation to administer joint library projects in their counties.

(b) (1) The membership of the corporation consists of the members of each board of library trustees that signs the articles of incorporation.

(2) If each of the member boards agree, another county may become a member of the corporation.

(c) The member boards may delegate any of their intracounty powers and duties to the corporation to the extent necessary to enable it to carry out and administer joint library projects.

(d) Professional and clerical employees of a cooperative library corporation shall join the Teachers’ Retirement System.

(e) Each cooperative library corporation:

(1) Is entitled to use the library fund;

(2) Shall have the annual audit required for a library;

(3) Shall make the annual report required of a board of library trustees; and

(4) Is exempt from taxation under § 7-202 of the Tax - Property Article.
Md. Code, Alcoholic Beverages and Cannabis § 23-207 — MD Code / Article gab / Title 23 / Subtitle 2 / Section 23-207
§23–207.
Status: in_force

(a) (1) A majority of the members then serving on the Hearing Board is a quorum.

(2) A majority of the authorized membership of the Hearing Board is needed to take action.

(b) The Hearing Board shall meet at least once each month.

(c) (1) The compensation of the Hearing Board members for the performance of their duties shall be the amount set by the County Council.

(2) The compensation for members of the Board of License Commissioners for the performance of their duties shall be:

(i) for the chair, $55 per meeting attended, not to exceed $1,300 in a fiscal year regardless of the number of meetings attended; and

(ii) for each other member of the Board of License Commissioners, $50 per meeting attended, not to exceed $1,200 in a fiscal year regardless of the number of meetings attended.

(d) (1) Personnel needed to carry out the duties of the Hearing Board and the Board of License Commissioners shall be:

(i) included in the staff of the County Council; and

(ii) supervised by the County Council Administrator.

(2) (i) The County Police Department shall employ inspectors to assist the Hearing Board and the Board of License Commissioners in carrying out their responsibilities and in enforcing the law.

(ii) An inspector who investigates a license violation may issue a civil citation as provided in § 10–119 of the Criminal Law Article.

(iii) The Chief of the County Police Department shall have final selection authority over the hiring of the inspectors.

(3) An employee of the Hearing Board or the Board of License Commissioners is subject to the public ethics laws of the county.

(e) (1) The Hearing Board and the Board of License Commissioners shall submit an annual budget request to the County Council not later than January 15 in each year for the ensuing fiscal year.

(2) The budget request shall include:

(i) salaries for the Hearing Board chair and other Hearing Board members;

(ii) compensation of personnel assigned to the Hearing Board; and

(iii) expenses for office supplies, equipment, and services to carry out the responsibilities of the Hearing Board.

(3) (i) The County Council shall:

1. review the budget request; and

2. submit a budget for the Hearing Board and the Board of License Commissioners to the County Executive in the amount that the County Council determines is adequate to support the duties and responsibilities of the Hearing Board and the Board of License Commissioners.

(ii) The County Executive shall include the budget for the Hearing Board and the Board of License Commissioners as submitted by the County Council in the county budget that is prepared in accordance with Article VI of the Howard County Charter.
Md. Code, Alcoholic Beverages and Cannabis § 23-801 — MD Code / Article gab / Title 23 / Subtitle 8 / Section 23-801
§23–801.
Status: in_force

(a) There is a Class A beer and light wine license.

(b) (1) The license authorizes the license holder to sell beer and light wine, at retail, at the place described in the license.

(2) The license holder shall sell the beer and light wine in a sealed package or container.

(3) The package or container may not be opened and its contents may not be consumed on the premises where the beer or light wine is sold.

(c) The annual license fee is $175.
Md. Code, State Personnel and Pensions § 23-210 — MD Code / Article gsp / Title 23 / Subtitle 2 / Section 23-210
§23–210.
Status: in_force

If eligibility of an individual for membership in the Teachers’ Pension System is unclear, the Board of Trustees shall determine whether the individual is a member.
Md. Code, Insurance § 23-304 — MD Code / Article gin / Title 23 / Subtitle 3 / Section 23-304
§23–304.
Status: in_force

(a) The finance charge shall be computed:

(1) on the amount of the entire premium loan advanced, including any taxes or fees that are financed under § 23–301.1 of this subtitle, after subtracting any down payment on the premium loan made by the insured;

(2) from the inception date of the insurance contract or from the due date of the premium, disregarding any grace period or credit allowed for payment of the premium, through the date when the final installment under the premium finance agreement is payable; and

(3) in an amount not exceeding the sum of 1.15% for each 30 days of the loan, computed in advance.

(b) (1) An insured shall receive a refund of a finance charge that exceeds any amount due under the premium finance agreement if:

(i) the insurance contract is canceled; or

(ii) the insured prepays the loan in full at any time.

(2) The amount of the refund under paragraph (1) of this subsection may be calculated by the actuarial method.

(3) (i) A finance charge:

1. is earned in 30–day increments; and

2. in accordance with subparagraph (ii) of this paragraph, may be earned on the first day of each 30–day period.

(ii) If a finance charge is earned on the first day of each 30–day period, the premium finance agreement shall contain a notification that the finance charge is earned on the first day of each 30–day period.

(4) A premium finance company may not retain more of the finance charge than is earned under this section.

(c) With respect to commercial automobile, fire, or liability insurance only, a finance charge may be imposed on any unpaid principal balance of the loan remaining after all unearned premiums have been returned if the unearned premiums are less than the unpaid principal balance due to:

(1) an audit by the insurer resulting in additional premium;

(2) the application of a minimum premium on a policy;

(3) an endorsement that is made after a policy is issued and results in additional premium; or

(4) a lawful delay in canceling an insurance policy that is beyond the control of the premium finance company.

(d) Notwithstanding any other provision of law, a premium finance company may not use the Rule of 78s in computing a finance charge under this section.
Md. Code, Transportation § 23-202 — MD Code / Article gtr / Title 23 / Subtitle 2 / Section 23-202
§23–202.
Status: in_force

(a) (1) Subject to subsection (d) of this section, the Administration and the Secretary shall establish an emissions control program in the State in accordance with the federal Clean Air Act.

(2) The program shall remain in effect only as long as required by federal law.

(b) (1) Subject to paragraph (3) of this subsection, the emissions control program shall provide for a biennial exhaust emissions test and emissions equipment and misfueling inspection for all vehicles of the 1977 model year and each model year thereafter.

(2) The emissions control program may not authorize an exhaust emissions test or emissions equipment and misfueling inspection for any vehicle of a model year earlier than the 1977 model year.

(3) (i) In this paragraph, “qualified hybrid vehicle” means an automobile that:

1. Meets all applicable regulatory requirements;

2. Meets the current vehicle exhaust standard set under the federal Tier 2 program for gasoline–powered passenger cars under 40 C.F.R. Part 80 et seq.; and

3. Can draw propulsion energy from both of the following sources of stored energy:

A. Gasoline or diesel fuel; and

B. A rechargeable energy storage system.

(ii) A qualified hybrid vehicle is not required to submit to a first exhaust emissions test and emissions equipment and misfueling inspection until 3 years after the date on which the vehicle was first registered in the State.

(c) By rules and regulations, the Administration and the Secretary:

(1) Shall grant a waiver to a vehicle owner if:

(i) The vehicle fails to pass the exhaust emissions test;

(ii) The vehicle owner exhibits evidence acceptable to the Administration that the owner, for an initial exhaust emissions test occurring:

1. In calendar years 1998 through 1999 has actually incurred an expenditure of $150 towards emissions related repairs to the vehicle within 60 days after the initial exhaust emissions test;

2. In calendar years 2000 through 2001 has actually incurred an expenditure towards emissions related repairs to the vehicle within 120 days after the initial exhaust emissions test in an amount of:

A. $200 for vehicles of model years 1990 and older;

B. $300 for vehicles of model years 1991 through 1997; or

C. $450 for vehicles of model years 1998 and newer; and

3. On or after January 1, 2002, has actually incurred an expenditure of $450 towards emissions related repairs to the vehicle within 120 days after the exhaust emissions test;

(iii) The vehicle fails a retest, except that if the vehicle owner has exhibited evidence acceptable to the Administration that the vehicle owner actually incurred the minimum expenditure as required under item (ii) of this item for the emissions related repair to the vehicle within 30 days before the initial exhaust emissions test or the period allowed under federal law, whichever is longer, a retest is not required; and

(iv) The vehicle owner exhibits evidence that the emissions related repairs qualifying for a waiver under items (ii) and (iii) of this item were performed by a repair technician and at a repair facility both certified under item (4) of this subsection;

(2) Notwithstanding the provisions of this section, may not grant a waiver if it is found in the testing process that factory–installed emissions equipment has been tampered with or removed, or that the vehicle has been misfueled;

(3) Unless otherwise prohibited by federal law, may grant additional waivers to extend the time for compliance in cases of financial hardship or for unusual circumstances;

(4) Shall establish criteria to certify repair technicians and facilities for the purpose of bringing vehicles into compliance with the applicable emissions standards, including the payment of reasonable fees to cover the costs of administering and overseeing the certification program;

(5) May provide for the suspension, revocation, or denial of renewal of the certification of a repair technician or facility upon evidence that vehicles repaired by that technician or facility for the purpose of bringing them into compliance with the applicable emissions standards have repeatedly failed tests or retests and the Administration and the Secretary have clear and convincing evidence the repair technician or facility is not meeting satisfactory performance standards;

(6) Shall define the inspection parameters for the emissions equipment and misfueling inspection;

(7) Shall adopt a schedule for the exhaust emissions test;

(8) Shall adopt a schedule for the emissions equipment and misfueling inspections; and

(9) Shall establish, under Title 2 of the Environment Article, emissions standards to be used for the exhaust emissions tests and emissions equipment and misfueling inspections of motor vehicles under this subtitle.

(d) (1) Notwithstanding subsection (c)(6) of this section or any other provision of law, during the period from January 1, 1995 through May 31, 1997, the emissions control program established under this subtitle may not require for any vehicle other than a State–owned vehicle or, to the extent authorized by federal law, a federally owned vehicle:

(i) Transient mass–emission testing using the IM 240 driving cycle referenced under 40 C.F.R. Part 51;

(ii) An evaporative system integrity (pressure) test or an evaporative system transient purge test that requires the disconnection or manipulation of any engine component, including any hose or emissions equipment, that is located in the vehicle’s engine compartment;

(iii) Removal of the driver from a vehicle being tested or inspected; or

(iv) On–road testing.

(2) (i) The Administration, in consultation with the Secretary, shall develop and offer to owners of vehicles subject to the emissions control program an incentive program designed to encourage voluntary submission to the test described in paragraph (1)(i) of this subsection.

(ii) Notwithstanding the provisions of § 23–205(a)(2) of this subtitle and subsection (c)(1) of this section, the incentives offered under this paragraph may include reduced test fees, flexible test schedules, the waiver of late fees, the reduction of expenditures incurred for emissions related repairs necessary to obtain a waiver, and any other cost–effective incentive that is consistent with State and federal law and is reasonably expected by the Administration to increase the number of vehicles that undergo the test described in paragraph (1)(i) of this subsection.

(iii) 1. The Administration shall notify vehicle owners of the opportunity to voluntarily submit a vehicle to the testing described in subparagraph (i) of this paragraph.

2. The notice required under this subparagraph shall be:

A. Prominently displayed at all emissions inspection facilities; and

B. Included by the Administration in test notices and other mailings related to the emissions control program that are directed to vehicle owners.
Md. Code, State Personnel and Pensions § 23-304.1 — MD Code / Article gsp / Title 23 / Subtitle 3 / Section 23-304.1
§23–304.
Status: in_force

§23–304.1.

(a) Except as provided in subsection (b) of this section, a member may not purchase service credit under this title if the member is separated from employment.

(b) (1) A member who is separated from employment may purchase service credit under this title for a leave of absence approved by the Board of Trustees under regulations that apply to all members, if the member purchases the service credit within 60 days after the expiration of the leave of absence.

(2) For good cause shown, the Executive Director, in the Executive Director’s sole discretion, may extend the time period to purchase service credit under paragraph (1) of this subsection if:

(i) the purchased service credit would allow the member to meet the eligibility service requirements to apply for an ordinary disability retirement under § 29–105(a) of this article; and

(ii) the member completes the purchase of the service credit before the earlier of:

1. 4 years after the expiration of the leave of absence; or

2. the date membership ends.

(3) The Board of Trustees shall adopt regulations to carry out this subsection.
Md. Code, Land Use § 23-204 — MD Code / Article glu / Title 23 / Subtitle 2 / Section 23-204
§23–204.
Status: in_force

(a) This section applies only in Montgomery County.

(b) The subdivision regulations may:

(1) establish a time period within which the county planning board shall approve or disapprove a preapplication or preliminary plan submission; and

(2) provide that an applicant may:

(i) waive the time period within which the county planning board shall take action in accordance with item (1) of this subsection; and

(ii) consent to an extension of the time period.

(c) (1) A preapplication or preliminary plan submission that has not been approved or disapproved in accordance with this section is considered approved.

(2) If a preapplication or preliminary plan submission is considered to have been approved under this subsection, on demand, the county planning board shall issue a certificate of approval.

(d) If the county planning board disapproves a preapplication or preliminary plan submission, the county planning board shall:

(1) state the grounds for disapproval in the records of the county planning board; and

(2) mail, postage prepaid, a copy of the record stating the grounds for disapproval to all parties of record at their last address.
Md. Code, Education § 23-806 — MD Code / Article ged / Title 23 / Subtitle 8 / Section 23-806
§23–806.
Status: in_force

(a) (1) An employee organization seeking certification as the exclusive representative for the bargaining unit of employees may file a petition with the Director indicating this intent.

(2) The petition may only be filed in the month of September.

(3) The petition shall contain:

(i) A request that the Board recognize the employee organization as the exclusive representative of the employees in the bargaining unit;

(ii) A statement that the employee organization is one in which employees participate and that has as one of its purposes the representation of public employees in matters of wages, hours, and other terms and conditions of employment;

(iii) A statement that the employee organization has no terms or conditions of membership that discriminate with regard to race, color, creed, sex, sexual orientation, gender identity, age, political affiliation, national origin, religion, marital status, or disability; and

(iv) A statement that the employee organization has in its possession written proof dated not more than 9 months before the day on which the petition is filed establishing that at least 30% of the employees in the bargaining unit have designated the employee organization to represent them in their employment relations with the employer.

(4) Before a petition may be processed, the proof of interest submitted shall be verified as provided in this section.

(5) The employee organization and the employer shall equally bear any costs associated with the verification.

(b) (1) When an employee organization or employees in a bargaining unit file a petition with the Director, the employee organization or employees shall submit to a neutral decision maker from the Federal Mediation and Conciliation Service the authorization cards signed and dated by at least 30% of the employees in the bargaining unit not more than 9 months before the day the petition was filed indicating, as appropriate, that the employees have designated the employee organization to represent them in their employment relations with the library system administration.

(2) The employee organization shall copy the Director on the request for a neutral decision maker in order for the library system to receive notice of the selection of the neutral decision maker for the certification process.

(c) (1) Not more than 7 calendar days after the day on which the Director receives notice of the assignment of a neutral decision maker by the Federal Mediation and Conciliation Service, the Director shall submit to the neutral decision maker a list of employees in the bargaining unit.

(2) If the Director fails to submit the list of employees to the neutral decision maker within the required time, it shall be conclusively deemed that at least 30% of the employees in the bargaining unit have indicated a desire to be represented by the employee organization.

(d) (1) The neutral decision maker shall check the written authorization cards submitted by the employee organization or the employees against the list of employees submitted by the Director.

(2) If the neutral decision maker determines that at least 30% of the employees on the list have indicated a desire to be represented by the employee organization or to decertify an exclusive representative, the neutral decision maker shall notify the Director of the determination.

(e) (1) If the Director disagrees with the petitioning employee organization or the petitioning employees as to the inclusion or exclusion of specific employees in the bargaining unit, the parties shall refer the issue immediately to a neutral decision maker from the Federal Mediation and Conciliation Service to resolve the issue.

(2) The neutral decision maker shall hold a hearing on the issue referred under paragraph (1) of this subsection with the interested parties presenting evidence with respect to their positions on the issue of the inclusion or exclusion of the employees in question.

(3) The neutral decision maker’s findings shall be final and binding on both parties.

(f) An election may not be conducted in a bargaining unit unless at least 1 year has passed since the last election held in the bargaining unit.

(g) (1) After a decision on disputed employee inclusion or exclusion, if required, the Director shall notify all employees within the bargaining unit that an election will be held and request a neutral decision maker from the Federal Mediation and Conciliation Service to oversee and conduct an election by secret ballot.

(2) The ballot for an election shall include the following choices:

(i) In accordance with the issues presented by the petition or petitions, exclusive representation by any employee organization seeking to obtain or continue representation rights; and

(ii) No exclusive representation.

(h) An employee organization may intervene in the election and have its name placed on the ballot if:

(1) The employee organization files a petition not more than 15 calendar days after the date on which the original petition is filed;

(2) The employee organization certifies that at least 30% of the employees of the unit have designated the employee organization to represent them in their employment relations with the library system administration; and

(3) The showing of interest is verified as provided in this section.

(i) (1) The election shall be conducted according to the procedures established by the Federal Mediation and Conciliation Service neutral decision maker conducting the election.

(2) An employee organization shall be certified as exclusive representative following an election if the employee organization has received the vote of a majority of the valid votes cast in the bargaining unit in which the election is held.

(3) (i) If an election includes three or more choices and no choice receives a majority of the valid votes cast, the neutral decision maker shall conduct a runoff election between the two choices that received the largest number of valid votes cast.

(ii) The choice receiving the majority of the valid votes cast in the runoff election shall be certified.

(4) The neutral decision maker conducting the election shall issue to all the participants in an election a certification of representation, if an employee organization is certified, or the results of the election, if no representative is chosen.

(j) (1) If employees are represented by an employee organization, employees may file a petition with the Director that contains the following:

(i) An assertion that the majority of the employees no longer wish to be represented by the employee organization;

(ii) A statement that the employees have in their possession substantive documentary proof, dated not more than 6 months before the day on which the petition is filed, that at least 30% of the employees within the bargaining unit approve of the decertification of the employee organization; and

(iii) A statement explaining that the employees are seeking decertification of the employee organization as the exclusive representative for the bargaining unit.

(2) (i) The petition shall be processed as described in this section, including verification of proof of interest and an election.

(ii) An employee organization shall be decertified as exclusive representative following an election if the majority of the valid votes cast in the unit in which the election is held are for no representation.
Md. Code, State Personnel and Pensions § 23-401 — MD Code / Article gsp / Title 23 / Subtitle 4 / Section 23-401
§23–401.
Status: in_force

(a) Except as provided in subsection (f) of this section, a member may retire with a normal service retirement allowance if:

(1) the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire; and

(2) on or before the date of retirement, the member:

(i) has at least 30 years of eligibility service;

(ii) has a combined total of at least 30 years of eligibility service from the Employees’ Pension System, the Teachers’ Pension System, the Employees’ Retirement System, or the Teachers’ Retirement System; or

(iii) has attained the age and the years of eligibility service as follows:

Age Years of Eligibility

Service

62 with 5

63 with 4

64 with 3

65 or more with 2

(b) Except as provided in subsections (c), (d), (e), (f), and (g) of this section, on retirement under this section, a member is entitled to receive a normal service retirement allowance that equals the number of years of the member’s creditable service multiplied by:

(1) 0.8% of the member’s average final compensation that is not in excess of the Social Security integration level; and

(2) 1.5% of the member’s average final compensation that exceeds the Social Security integration level.

(c) Except as provided in subsections (e) and (g) of this section, on retirement under this section, a member who is subject to the contributory pension benefit under Subtitle 2, Part II of this title is entitled to receive a normal service retirement allowance that equals the sum of:

(1) the number of years of the member’s creditable service on or after July 1, 1998 multiplied by 1.4% of the member’s average final compensation; and

(2) the greater of:

(i) the number of years of the member’s creditable service on or before June 30, 1998 multiplied by 1.2% of the member’s average final compensation; or

(ii) the number of years of the member’s creditable service on or before June 30, 1998 multiplied by:

1. 0.8% of the member’s average final compensation that is not in excess of the Social Security integration level; and

2. 1.5% of the member’s average final compensation that exceeds the Social Security integration level.

(d) Except as provided in subsections (e) and (g) of this section, a member who is subject to the Alternate Contributory Pension Selection under Subtitle 2, Part III of this title is entitled to receive a normal service retirement allowance that equals the sum of:

(1) the greater of:

(i) the number of years of the member’s creditable service on or before June 30, 1998 multiplied by 1.2% of the member’s average final compensation; or

(ii) the number of years of the member’s creditable service on or before June 30, 1998 multiplied by:

1. 0.8% of the member’s average final compensation that is not in excess of the Social Security integration level; and

2. 1.5% of the member’s average final compensation that exceeds the Social Security integration level; and

(2) the number of years of the member’s creditable service on or after July 1, 1998 multiplied by 1.8% of the member’s average final compensation.

(e) (1) This subsection applies only to a member who has a combined total of 30 years of eligibility service as provided in subsection (a)(2)(ii) of this section.

(2) A member is entitled to receive a normal service retirement allowance that equals:

(i) an allowance based on the creditable service the member earned in the Employees’ Pension System;

(ii) an allowance based on the creditable service the member earned in the Employees’ Retirement System;

(iii) an allowance based on the creditable service the member earned in the Teachers’ Pension System; plus

(iv) an allowance based on the creditable service the member earned in the Teachers’ Retirement System.

(f) (1) A member who begins membership on or after July 1, 2011, may retire with a normal service retirement allowance if:

(i) the member completes and submits a written application to the Board of Trustees stating the date when the member desires to retire; and

(ii) on or before the date of retirement, the member:

1. has at least 90 years of combined age and years of eligibility service; or

2. is at least 65 years old and has at least 10 years of eligibility service.

(2) Except as provided in subsection (g) of this section, a member who is subject to the reformed contributory pension benefit under Subtitle 2, Part IV of this title is entitled to receive a normal service retirement that equals the number of years of the member’s creditable service multiplied by 1.5% of the member’s average final compensation.

(g) On retirement under this section, if a member’s annuity is greater than the member’s normal service retirement allowance calculated under this section, the member’s normal service retirement allowance shall equal the member’s annuity.