Md. Code, Business Occupations and Professions § 3-306 — MD Code / Article gbo / Title 3 / Subtitle 3 / Section 3-306
§3–306.
Status: in_force

(a) Subject to the provisions of this section, the Board may issue a license by reciprocity to practice architecture in the State to an individual who:

(1) is licensed to practice architecture in another state or country; or

(2) is certified by the Council under subsection (c) of this section.

(b) The Board may issue a license by reciprocity under this section for an applicant who is licensed to practice architecture in another state or country only if the applicant:

(1) is of good character and reputation;

(2) pays to the Board:

(i) a nonrefundable application fee set by the Board; and

(ii) a license fee set by the Board; and

(3) provides adequate evidence that:

(i) the applicant became licensed in the other state or country after meeting, in that or any other state or country, requirements that were at least equivalent to those then required by the laws of this State; or

(ii) at the time of application for a license by reciprocity under this section, the applicant meets the requirements currently required by the laws of this State.

(c) The Board may issue a license by reciprocity under this section for an applicant who is certified by the Council only if:

(1) the applicant:

(i) is of good character and reputation; and

(ii) pays to the Board:

1. a nonrefundable application fee set by the Board; and

2. a license fee set by the Board; and

(2) the Board receives from the Council a certified copy of its certificate for the applicant that certifies that the applicant is licensed to practice architecture in another state or country.

(d) An architect who is granted a license by reciprocity by the Board may not be required to maintain licensure in any other state or country as a condition of maintaining the license granted by the Board.
Md. Code, Public Safety § 3-409 — MD Code / Article gps / Title 3 / Subtitle 4 / Section 3-409
§3–409.
Status: in_force

(a) Each railroad police officer who is in uniform and on duty shall wear in plain view a badge that identifies the railroad company that employs the railroad police officer.

(b) Each railroad police officer shall carry an identification card issued by the railroad company that employs the railroad police officer.
Md. Code, Natural Resources § 3-928 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-928
§3–928.
Status: in_force

This subtitle, being necessary for the welfare of the State and its inhabitants, shall be liberally construed to effect the purposes hereof.
Md. Code, Labor and Employment § 3-1610 — MD Code / Article gle / Title 3 / Subtitle 16 / Section 3-1610
§3–1610.
Status: in_force

(a) In this section, “complaint” includes a written or oral complaint, claim, or assertion of right by a covered employee regarding the payment of wages under this subtitle that is made to:

(1) the employer or a supervisor, manager, or foreman employed by the employer whether it is made through the employer’s internal grievance process or otherwise; or

(2) the Commissioner or an authorized representative of the Commissioner.

(b) (1) An employer may not:

(i) pay or agree to pay less than the wage required under this subtitle;

(ii) hinder or delay the Commissioner or an authorized representative of the Commissioner in the enforcement of this subtitle;

(iii) take adverse action against a covered employee because the covered employee:

1. makes a complaint that the covered employee has not been paid in accordance with this subtitle;

2. brings an action under this subtitle or a proceeding that relates to the subject of this subtitle; or

3. has testified in an action under this subtitle or a proceeding related to the subject of this subtitle; or

(iv) violate any other provision of this subtitle.

(2) Adverse action prohibited under paragraph (1) of this subsection includes:

(i) discharge;

(ii) demotion;

(iii) threatening the covered employee with discharge or demotion; and

(iv) any other retaliatory action that results in a change to the terms or conditions of employment that would dissuade a reasonable covered employee from making a complaint, bringing an action, or testifying in an action under this subtitle.

(c) A covered employee may not:

(1) make a groundless or malicious complaint to the Commissioner or an authorized representative of the Commissioner;

(2) in bad faith, bring an action under this subtitle or a proceeding related to the subject of this subtitle; or

(3) in bad faith, testify in an action under this subtitle or a proceeding related to the subject of this subtitle.

(d) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.

(e) An employer may not be convicted under this section unless the evidence demonstrates that the employer had knowledge of the relevant complaint, testimony, or action for which the prosecution for retaliation is sought.
Md. Code, Public Safety § 3-525 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-525
§3–525.
Status: in_force

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

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

(3) “No–knock search warrant” means a search warrant authorizing entry into a building, an apartment, a premises, a place, or a thing to be searched without giving notice of the officer’s authority or purpose.

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

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

(b) A law enforcement agency shall report the following information relating to search warrants executed by the law enforcement agency during the prior calendar year to the Governor’s Office of Crime Prevention and Policy using the format developed under subsection (c) of this section:

(1) the number of times a no–knock search warrant was executed in the previous year;

(2) the name of the county and municipal corporation and the zip code of the location where each no–knock search warrant was executed;

(3) for each search warrant executed, the number of days from the issuance until the execution of the search warrant, disaggregated by whether the search warrant was a no–knock search warrant;

(4) the legal basis for each no–knock search warrant issued;

(5) the number of times a search warrant was executed under circumstances in which a police officer made forcible entry into the building, apartment, premises, place, or thing to be searched specified in the warrant;

(6) the number of times a SWAT team was deployed to execute a search warrant;

(7) the number of arrests made, if any, during the execution of a search warrant;

(8) the number of times property was seized during the execution of a search warrant;

(9) the number of times a weapon was discharged by a police officer during the execution of a search warrant; and

(10) the number of times a person or domestic animal was injured or killed during the execution of a search warrant, disaggregated by whether the person or animal was injured or killed by a police officer.

(c) The Maryland Police Training and Standards Commission, in consultation with the Governor’s Office of Crime Prevention and Policy, shall develop a standardized format for each law enforcement agency to use in reporting data to the Governor’s Office of Crime Prevention and Policy under subsection (b) of this section.

(d) A law enforcement agency shall:

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

(2) not later than January 15 each year, submit the report to:

(i) the Governor’s Office of Crime Prevention and Policy; and

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

2. if the jurisdiction served by the law enforcement agency is a municipal corporation, the chief executive officer of the jurisdiction.

(e) (1) The Governor’s Office of Crime Prevention and Policy shall analyze and summarize the reports of law enforcement agencies submitted under subsection (d) of this section.

(2) Before September 1 each year, the Governor’s Office of Crime Prevention and Policy shall:

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

(ii) publish the report on its website.

(f) (1) If a law enforcement agency fails to comply with the reporting provisions of this section, the Governor’s Office of Crime Prevention and Policy shall report the noncompliance to the Maryland Police Training and Standards Commission.

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

(3) If the law enforcement agency fails to comply with the required reporting provisions of this section within 30 days after being contacted by the Maryland Police Training and Standards Commission with a request to comply, the Governor’s Office of Crime Prevention and Policy and the Maryland Police Training and Standards Commission jointly shall report the noncompliance to the Governor and the Legislative Policy Committee of the General Assembly.
Md. Code, Courts and Judicial Proceedings § 3-105 — MD Code / Article gcj / Title 3 / Subtitle 1 / Section 3-105
§3–105.
Status: in_force

(a) Upon application, the court may direct the guardian to make search for the absentee in any manner the court considers advisable, including one or more of the following methods:

(1) Inserting in one or more suitable periodicals a notice requesting information from any person having knowledge of the absentee’s whereabouts;

(2) Notifying officers of justice and public welfare agencies in appropriate locations of the absentee’s disappearance; or

(3) Engaging the services of an investigating agency.

(b) The expenses of the search shall be taxed as costs and paid out of the property of the absentee.
Md. Code, Financial Institutions § 3-804 — MD Code / Article gfi / Title 3 / Subtitle 8 / Section 3-804
§3–804.
Status: in_force

In the distribution of the general assets of a trust company that dissolves voluntarily, the person who succeeds the trust company as a personal representative, guardian, trustee, receiver, or other fiduciary has a preference for all debts and accounts that are due to or held by it as fiduciary over all other debts and liabilities, including salaries and wages of employees.
Md. Code, Public Safety § 3-316 — MD Code / Article gps / Title 3 / Subtitle 3 / Section 3-316
§3–316.
Status: in_force

The Secretary may, as the Secretary considers necessary to carry out the purpose of this subtitle, adopt rules and regulations for the conduct of special police officers.
Md. Code, Agriculture § 3-209 — MD Code / Article gag / Title 3 / Subtitle 2 / Section 3-209
§3–209.
Status: in_force

(a) No person may treat any animal with any material or substance or in any manner for the purpose of preventing normal reaction of the animal to any test.

(b) A person may not knowingly sell or offer for sale any animal that has reacted to any test, without informing the purchaser of the reaction.

(c) No animal that has reacted to a test may be sold or removed from the premises where the test was made without the written permission of the Secretary.
Md. Code, Courts and Judicial Proceedings § 3-8C-01 — MD Code / Article gcj / Title 3 / Subtitle 8C / Section 3-8C-01
§3–8C–01.
Status: in_force

This subtitle applies only:

(1) In a county in which the circuit administrative judge has established a Truancy Reduction Pilot Program under § 3–8C–02 of this subtitle; and

(2) To the extent that funds are provided in an annual State budget for a Truancy Reduction Pilot Program.
Md. Code, Courts and Judicial Proceedings § 3-2B-02 — MD Code / Article gcj / Title 3 / Subtitle 2B / Section 3-2B-02
§3–2B–02.
Status: in_force

The purpose of this subtitle is to:

(1) Promote international commercial arbitration in this State;

(2) Enforce arbitration agreements by parties in international commercial transactions;

(3) Facilitate the prompt and efficient resolution by arbitration of disputes in international commercial agreements and transactions; and

(4) Promote uniformity in the law of international commercial arbitration in the United States.
Md. Code, Labor and Employment § 3-1303 — MD Code / Article gle / Title 3 / Subtitle 13 / Section 3-1303
§3–1303.
Status: in_force

(a) This subtitle does not apply to an employee who:

(1) regularly works less than 12 hours a week for an employer;

(2) (i) is employed in the construction industry; and

(ii) is covered by a bona fide collective bargaining agreement in which the requirements of this subtitle are expressly waived in clear and unambiguous terms; or

(3) (i) is called to work by the employer on an as–needed basis in a health or human services industry;

(ii) can reject or accept the shift offered by the employer;

(iii) is not guaranteed to be called on to work by the employer; and

(iv) is not employed by a temporary staffing agency.

(b) For the purpose of subsection (a)(2)(i) of this section, an employee who is employed in the construction industry does not include an employee employed as:

(1) a janitor;

(2) a building cleaner;

(3) a building security officer;

(4) a concierge;

(5) a doorperson;

(6) a handyperson; or

(7) a building superintendent.

(c) (1) Except as provided in paragraph (2) of this subsection, if a unit of State or local government’s sick leave accrual and use requirements meet or exceed the sick and safe leave provided for under this subtitle, employees of the unit of State or local government who are part of the unit’s personnel system are subject to the unit’s laws, regulations, policies, and procedures providing for:

(i) accrual and use of sick leave;

(ii) grievances; and

(iii) disciplinary actions.

(2) Employees of a unit of State government that are entitled to sick and safe leave under this subtitle and who are not covered by the unit’s sick leave and accrual and use requirements are subject to § 3–1308 of this subtitle.
Md. Code, Estates and Trusts § 3-108 — MD Code / Article get / Title 3 / Subtitle 1 / Section 3-108
§3–108.
Status: in_force

The parent or the parent’s relations of a person can inherit only if the person is treated as the child of the parent in accordance with § 1–205(a)(2) or § 1–208 of this article.
Md. Code, Public Safety § 3-404 — MD Code / Article gps / Title 3 / Subtitle 4 / Section 3-404
§3–404.
Status: in_force

(a) The chief railroad police officer of a railroad company shall:

(1) submit to the Secretary under oath an application for appointment of each railroad police officer in a manner and format designated by the Secretary; and

(2) pay to the Secretary the application fee set by the Secretary in a method approved by the Secretary.

(b) The application fee is nonrefundable.
Md. Code, Natural Resources § 3-306 — MD Code / Article gnr / Title 3 / Subtitle 3 / Section 3-306
§3–306.
Status: in_force

(a) (1) Notwithstanding anything to the contrary in this article or the Public Utilities Article, on application to the Public Service Commission for a certificate of public convenience and necessity associated with power plant construction in accordance with § 7–207 of the Public Utilities Article, the Commission shall notify immediately the Department and the Department of the Environment of the application.

(2) The Commission shall supply the Department of Natural Resources and the Department of the Environment with any pertinent information available regarding the application.

(3) The Department of the Environment shall treat the application for a certificate of public convenience and necessity as an application for:

(i) Appropriation or use of waters of the State under Title 5 of the Environment Article; and

(ii) A license for dredging and filling under Title 16 of the Environment Article.

(b) (1) Subject to paragraph (3) of this subsection, within 6 months after the Commission deems an application complete:

(i) The Secretary shall require the Department of Natural Resources to complete an independent environmental and socioeconomic project assessment report and any additional required study and investigation concerning the application; and

(ii) The Secretary of the Environment shall require the Department of the Environment to study and investigate the necessity for dredging and filling at the proposed plant site and water appropriation or use.

(2) (i) In accordance with the Commission’s procedural schedule for an application and subject to paragraph (3) of this subsection, within 6 months after the Commission deems an application complete, the Secretary and the Secretary of the Environment jointly shall submit to the Commission:

1. The results of the studies, investigations, and reports required under paragraph (1) of this subsection;

2. A recommendation that the certificate should be granted or denied and the factual basis for the recommendation; and

3. Subject to subparagraph (ii) of this paragraph, recommended licensing conditions for the construction, operation, or decommissioning of the proposed facility.

(ii) 1. A licensing condition submitted under subparagraph (i) of this paragraph that relates to wetlands, stormwater management, or erosion and sediment control must be consistent with the wetland, stormwater management, and erosion and sediment control requirements in the Environment Article.

2. A licensing condition submitted under subparagraph (i) of this paragraph that relates to wetlands, stormwater management, or erosion and sediment control may not exceed the authority of the Department of the Environment.

(3) The Commission may waive a deadline under this section:

(i) For good cause; or

(ii) On agreement of the parties to the proceeding.

(c) The submissions made to the Commission under subsection (b)(2) of this section shall be:

(1) Open for public inspection; and

(2) Presented jointly by the Secretary and the Secretary of the Environment, or their designees, at the hearing held by the Commission in accordance with Title 7, Subtitle 2 of the Public Utilities Article.
Md. Code, Education § 3-6A-02 — MD Code / Article ged / Title 3 / Subtitle 6A / Section 3-6A-02
§3–6A–02.
Status: in_force

(a) Except for the student member, the State Board may remove a voting member of the county board for:

(1) Immorality;

(2) Misconduct in office;

(3) Incompetency;

(4) Willful neglect of duty; or

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

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

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

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

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

(d) A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Harford County.
Md. Code, Public Safety § 3-406 — MD Code / Article gps / Title 3 / Subtitle 4 / Section 3-406
§3–406.
Status: in_force

(a) Each railroad police officer has all the powers granted to a peace or police officer.

(b) A railroad police officer may exercise the powers granted under this subtitle only if the railroad police officer:

(1) is on real or personal property owned, leased, operated, or controlled by the railroad company that employs the railroad police officer;

(2) is in fresh pursuit of a suspect;

(3) is requested or authorized to act by the executive officer or chief police officer of a county; or

(4) is ordered to act by the Governor.
Md. Code, Natural Resources § 3-109 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-109
§3–109.
Status: in_force

(a) (1) Upon failure of a municipality to comply with an order of the Secretary of the Environment to provide a sewerage system or refuse disposal works as provided for in Title 9 of the Environment Article, the Secretary of the Environment shall direct the Service to install or put into operation sewerage or refuse disposal facilities to satisfy the requirements of the order.

(2) Except as provided in subsection (e) of this section, upon receipt of the directive from the Secretary of the Environment, the Service shall proceed to install and put into operation sewerage or refuse disposal projects to comply with the directive. Every cost the Service incurs to construct and operate the projects shall be charged to the municipality against which the order is issued.

(3) Funds to pay the Service for construction and operation of projects may be raised under Title 9 of the Environment Article.

(4) Upon terms satisfactory to the Service and the municipality, the Service may enter into an agreement with the municipality to continue to operate the sewerage system or refuse disposal works installed by the Service under the provisions of this subsection. In this event, the municipality shall enter into a contract with the Service for the establishment of a service district as provided in § 3–107(e) of this subtitle.

(b) (1) Upon failure of a person to comply with an order of the Secretary of the Environment to abate pollution as provided for in Title 9 of the Environment Article, the Secretary of the Environment shall direct the Service to provide projects necessary to abate the pollution.

(2) Except as provided in subsection (e) of this section, upon receipt of the directive from the Secretary of the Environment, the Service shall provide the projects necessary to abate the pollution and the person shall discharge or deliver his wastes only to a service project or avail himself of the projects provided by the Service to abate the pollution. The cost of projects provided by the Service to abate pollution under the terms of this subsection shall be borne by the person against whom the order to the Secretary of the Environment was issued. The person and the Service shall determine by agreement the costs, rental, charges, or other fees to be paid by the person to the Service. If the fees and charges remain unpaid for a period of 60 days, the unpaid bills become a lien against the property served, if it is recorded and indexed as provided in this subtitle, and shall be referred to the Attorney General for collection.

(3) All projects provided by the Service under this subsection remain under the control and operation of the Service. It is unlawful for a person provided with projects by the Service under this subsection to duplicate or use any other project serving the same purpose.

(c) (1) Upon the failure of a municipality or person to comply with an order of the Secretary of the Environment to correct deficiencies on the operation of sewerage systems or refuse disposal works as provided in Title 9 of the Environment Article, the Secretary of the Environment shall direct the Service to take charge of and operate the systems or works to secure the results demanded by the Secretary of the Environment.

(2) Except as provided in subsection (e) of this section, upon the receipt of the directive from the Secretary of the Environment, the Service immediately shall take charge of and operate the systems or works to secure the results set forth in the directive of the Secretary of the Environment. All costs for maintenance, operation, and other services including legal fees incidental to taking possession of the sewerage system or refuse disposal works shall be charged to the municipality or person against which or whom the original order of the Secretary of the Environment was served.

(3) (i) Funds to pay the Service for services rendered under this subsection shall be raised in the case of a municipality under Title 9 of the Environment Article.

(ii) If the order is issued against a person, the Service shall bill the person for the full cost of services rendered.

(iii) If payment is not made within 60 days, the costs become a lien against the sewerage system or refuse disposal works if it is recorded and indexed as provided in this subtitle, and the Executive Director shall refer the matter to the Attorney General for collection.

(d) (1) Upon failure of a municipality or person to comply with an order of the Secretary of the Environment to extend or alter a sewerage system or refuse disposal works as provided in Title 9 of the Environment Article, the Secretary of the Environment shall direct the Service to make alterations or extensions to the systems or works, or install a new system or works as the Secretary of the Environment deems necessary to correct the improper conditions.

(2) Except as provided in subsection (e) of this section, upon receipt of the directive from the Secretary of the Environment, the Service shall assume jurisdiction over the systems or works and make the alterations, extensions, or new construction required to comply with the directive of the Secretary of the Environment. All costs, including legal fees incidental to assuming jurisdiction over the system or works, shall be charged to the municipality or person against which or whom the order of the Secretary of the Environment was issued.

(3) Funds to pay the Service for costs incurred as a result of actions taken under this subsection may be raised as provided in Title 9 of the Environment Article. If the order was against a person, the Service shall charge the person with the cost of making the necessary improvements to comply with the directive of the Secretary of the Environment. If the person fails to pay within 60 days, the cost becomes a lien against the property served if it is recorded and indexed as provided in this subtitle, and the matter shall be referred to the Attorney General for collection.

(e) (1) In the event the Service determines, at any time, that it will be unable to recoup all or a portion of its costs from the municipality or persons subject to the order of the Secretary of the Environment, the Service shall provide to the Secretary a full accounting of all costs incurred or anticipated to be incurred by it in complying with the Secretary’s directive.

(2) Within 30 days of receipt of the accounting, the Secretary may request that the Service provide additional information.

(3) Within 90 days of receipt of the accounting or, when applicable, the additional information, the State shall pay to the Service the full amount of the Service’s costs that are not paid or reasonably expected to be paid by the municipality or persons.

(4) (i) The State’s payment of any amount to the Service does not preclude the State from seeking or obtaining reimbursement from the municipality or persons subject to the order of the Secretary.

(ii) The Service shall cooperate fully with the Secretary in seeking reimbursement from the municipality or persons.
Md. Code, Courts and Judicial Proceedings § 3-8A-23 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-23
§3–8A–23.
Status: in_force

(a) (1) An adjudication of a child pursuant to this subtitle is not a criminal conviction for any purpose and does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.

(2) An adjudication and disposition of a child in which the child’s driving privileges have been suspended may not affect the child’s driving record or result in a point assessment. The State Motor Vehicle Administration may not disclose information concerning or relating to a suspension under this subtitle to any insurance company or person other than the child, the child’s parent or guardian, the court, the child’s attorney, a State’s Attorney, or law enforcement agency.

(3) Subject to paragraph (4) of this subsection, an adjudication of a child as delinquent by reason of the child’s violation of the State vehicle laws, including a violation involving an unlawful taking or unauthorized use of a motor vehicle under § 7–105 or § 7–203 of the Criminal Law Article or § 14–102 of the Transportation Article or driving an off–highway recreational vehicle on a highway under § 13–401(b) of the Transportation Article shall be reported by the clerk of the court to the Motor Vehicle Administration, which shall assess points against the child under Title 16, Subtitle 4 of the Transportation Article, in the same manner and to the same effect as if the child had been convicted of the offense.

(4) (i) An adjudication of a child as delinquent by reason of the child’s violation of § 21–902 of the Transportation Article or a finding that a child has committed a delinquent act by reason of the child’s violation of § 21–902 of the Transportation Article, without an adjudication of the child as delinquent, shall be reported by the clerk of the court to the Motor Vehicle Administration which shall suspend the child’s license to drive as provided in § 16–206(b) of the Transportation Article:

1. For 1 year for a first adjudication as delinquent or finding of a delinquent act for a violation of § 21–902 of the Transportation Article; and

2. For 2 years for a second or subsequent adjudication as delinquent or finding of a delinquent act for a violation of § 21–902 of the Transportation Article.

(ii) In the case of a finding, without an adjudication, that a child has violated § 21–902 of the Transportation Article, the Motor Vehicle Administration shall retain the report in accordance with § 16–117(b)(2) of the Transportation Article pertaining to records of licensees who receive a disposition of probation before judgment.

(5) (i) An adjudication of a child as delinquent by reason of the child’s violation of § 13–401(b)(2), § 20–102, § 20–103, or § 21–904 of the Transportation Article or a finding that a child has committed a delinquent act by reason of the child’s violation of § 13–401(b) of the Transportation Article for driving an off–highway recreational vehicle on a highway, or of § 20–102, § 20–103, or § 21–904 of the Transportation Article, without an adjudication of the child as delinquent, shall be reported by the clerk of the court to the Motor Vehicle Administration that shall suspend the child’s license to drive as provided in § 16–206(b) of the Transportation Article:

1. For 6 months for a first adjudication as delinquent or finding of a delinquent act for a violation of § 13–401(b) of the Transportation Article for driving an off–highway recreational vehicle on a highway, or of § 20–102, § 20–103, or § 21–904 of the Transportation Article; and

2. For 1 year for a second or subsequent adjudication as delinquent or finding of a delinquent act for a violation of § 13–401(b) of the Transportation Article for driving an off–highway recreational vehicle on a highway, or of § 20–102, § 20–103, or § 21–904 of the Transportation Article.

(ii) In the case of a finding, without an adjudication, that a child has violated § 13–401(b) of the Transportation Article for driving an off–highway recreational vehicle on a highway, or of § 20–102, § 20–103, or § 21–904 of the Transportation Article, the Motor Vehicle Administration shall retain the report in accordance with § 16–117(b)(2) of the Transportation Article pertaining to records of licensees who receive a disposition of probation before judgment.

(b) An adjudication and disposition of a child pursuant to this subtitle are not admissible as evidence against the child:

(1) In any criminal proceeding prior to conviction;

(2) In any adjudicatory hearing on a petition alleging delinquency; or

(3) In any civil proceeding not conducted under this subtitle.

(c) Evidence given in a proceeding under this subtitle is not admissible against the child in any other proceeding in another court, except in a criminal proceeding where the child is charged with perjury and the evidence is relevant to that charge and is otherwise admissible.

(d) An adjudication or disposition of a child under this subtitle shall not disqualify the child with respect to employment in the civil service of the State or any subdivision of the State.
Md. Code, Labor and Employment § 3-419 — MD Code / Article gle / Title 3 / Subtitle 4 / Section 3-419
§3–419.
Status: in_force

(a) (1) Except as provided in § 3–1604(d) of this title, this section applies to each employee who:

(i) is engaged in an occupation in which the employee customarily and regularly receives more than $30 each month in tips;

(ii) has been informed by the employer about the provisions of this section; and

(iii) has kept all of the tips that the employee received.

(2) Notwithstanding paragraph (1)(iii) of this subsection, this section does not prohibit the pooling of tips.

(b) Subject to the limitations in this section, an employer may include, as part of the wage of an employee to whom this section applies:

(1) an amount that the employer sets to represent the tips of the employee; or

(2) if the employee or representative of the employee satisfies the Commissioner that the employee received a lesser amount in tips, the lesser amount.

(c) The tip credit amount that the employer may include under subsection (b) of this section may not exceed the minimum wage established under § 3–413 of this subtitle for the employee less $3.63.

(d) (1) The Commissioner shall adopt regulations, in consultation with payroll service providers and restaurant industry trade group representatives, to require restaurant employers that include a tip credit as part of the wage of an employee to provide tipped employees with a written or electronic wage statement for each pay period that shows the effective hourly tip rate as derived from employer–paid cash wages plus all reported tips for tip credit hours worked each workweek of the pay period.

(2) The Commissioner shall provide notification of the tip credit wage statement regulations on the Department’s website.
Md. Code, Health Occupations § 3-601 — MD Code / Article gho / Title 3 / Subtitle 6 / Section 3-601
§3–601.
Status: in_force

This title may be cited as the “Maryland Chiropractic Act”.
Md. Code, Public Safety § 3-104 — MD Code / Article gps / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: in_force

(a) (1) Each county shall have one administrative charging committee to serve countywide law enforcement agencies and local law enforcement agencies within the county.

(2) A county administrative charging committee shall be composed of:

(i) the chair of the county’s police accountability board, or another member of the accountability board designated by the chair of the accountability board;

(ii) two civilian members selected by the county’s police accountability board; and

(iii) two civilian members selected by the chief executive officer of the county.

(b) (1) There shall be at least one statewide administrative charging committee to serve statewide and bi–county law enforcement agencies.

(2) A statewide administrative charging committee shall be composed of:

(i) three civilian members appointed by the Governor;

(ii) one civilian member appointed by the President of the Senate; and

(iii) one civilian member appointed by the Speaker of the House.

(c) Before serving as a member of an administrative charging committee, an individual shall receive training on matters relating to police procedures from the Maryland Police Training and Standards Commission.

(d) On completion of an investigation of a complaint of police misconduct involving a member of the public and a police officer, regardless of whether the complaint originated from within the law enforcement agency or from an external source, the law enforcement agency shall forward to the appropriate administrative charging committee the investigatory files for the matter.

(e) An administrative charging committee shall:

(1) review the findings of a law enforcement agency’s investigation conducted and forwarded in accordance with subsection (d) of this section;

(2) make a determination that the police officer who is subject to investigation shall be:

(i) administratively charged; or

(ii) not administratively charged;

(3) if the police officer is charged, recommend discipline in accordance with the law enforcement agency’s disciplinary matrix established in accordance with § 3–105 of this subtitle;

(4) review any body camera footage that may be relevant to the matters covered in the complaint of misconduct;

(5) authorize a police officer called to appear before an administrative charging committee to be accompanied by a representative;

(6) issue a written opinion that describes in detail its findings, determinations, and recommendations; and

(7) forward the written opinion to the chief of the law enforcement agency, the police officer, and the complainant.

(f) In executing its duties in accordance with subsection (e) of this section, an administrative charging committee may:

(1) request information or action from the law enforcement agency that conducted the investigation, including requiring additional investigation and the issuance of subpoenas;

(2) if the police officer is not administratively charged, make a determination that:

(i) the allegations against the police officer are unfounded; or

(ii) the police officer is exonerated; and

(3) record, in writing, any failure of supervision that caused or contributed to a police officer’s misconduct.

(g) An administrative charging committee shall meet once per month or as needed.

(h) A member of an administrative charging committee shall maintain confidentiality relating to a matter being considered by the administrative charging committee until final disposition of the matter.
Md. Code, Correctional Services § 3-202 — MD Code / Article gcs / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

(a) With approval of the Governor and the advice and consent of the Senate, the Secretary shall appoint the Commissioner of Correction.

(b) The Commissioner shall be an individual with maturity and judgment who has:

(1) broad knowledge of correctional facilities and systems; and

(2) knowledge of correctional procedures and methods, correctional theories, institutional operations, and the psychology of incarcerated individuals.

(c) The Commissioner serves at the pleasure of the Secretary.

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

(e) The Commissioner is entitled to the compensation provided in the State budget.
Md. Code, Correctional Services § 3-809 — MD Code / Article gcs / Title 3 / Subtitle 8 / Section 3-809
§3–809.
Status: in_force

(a) The Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration may grant special leave within or outside of the State as provided under this section to an incarcerated individual who:

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

(2) has been selected to participate in a prerelease program; and

(3) is within 3 months of the incarcerated individual’s anticipated release.

(b) The Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration may grant special leave to an incarcerated individual:

(1) for an employment interview;

(2) as part of a prerelease program relating to employment; or

(3) to participate in a community treatment or educational program that will contribute to the incarcerated individual’s rehabilitation.

(c) (1) The Commissioner, the Deputy Commissioner, the Assistant Commissioner for Operations, or the Assistant Commissioner for Administration:

(i) may grant weekend leave to an incarcerated individual if:

1. the incarcerated individual has participated for at least 2 months in a prerelease program as authorized under this section; and

2. the incarcerated individual’s direct Division supervisor in the prerelease program recommends the incarcerated individual for weekend leave; and

(ii) shall establish the terms and conditions of weekend leave, which may include the incarcerated individual’s agreement to waive the right to contest extradition proceedings.

(2) Weekend leave may not begin before 6 p.m. on Friday or end after 6 p.m. on the Sunday that immediately follows.
Md. Code, Economic Development § 3-203 — MD Code / Article gec / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

(a) The Advisory Board consists of the following 18 members:

(1) the Secretary or the Secretary’s designee;

(2) the Executive Director of the Corporation, or the Executive Director’s designee; and

(3) the following members appointed by the Governor:

(i) three representing federal agencies located in the State with life sciences missions;

(ii) seven with executive experience in life sciences businesses located in the State, at least four of whom represent small businesses;

(iii) four representing institutions of higher education located in the State, one of whom shall represent a community college;

(iv) one with general business marketing experience in a life sciences business located in the State; and

(v) one member of the general public.

(b) The composition of the Advisory Board shall reflect the racial and gender diversity of the population of the State.

(c) (1) Except for the Secretary or the Secretary’s designee and the Executive Director of the Corporation or the Executive Director’s designee, the term of an Advisory Board member is 2 years.

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

(3) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(d) The Governor may remove a member of the Advisory Board for incompetence, misconduct, or failure to perform the duties of the position.

(e) The Governor shall select a chair from among the members of the Advisory Board.

(f) The Advisory Board may act with an affirmative vote of eight members.

(g) A member of the Advisory Board:

(1) may not receive compensation as a member of the Advisory Board; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Labor and Employment § 3-402 — MD Code / Article gle / Title 3 / Subtitle 4 / Section 3-402
§3–402.
Status: in_force

(a) The General Assembly finds that wages in some occupations in the State have been insufficient to provide adequate maintenance and to protect health.

(b) The purpose of this subtitle is to set minimum wage standards in the State to:

(1) provide a maintenance level that is consistent with the needs of the population for their efficiency, general well-being, and health;

(2) safeguard employers and employees against unfair competition;

(3) increase the stability of industry;

(4) increase the buying power of employees; and

(5) decrease the need to spend public money for the relief of employees.
Md. Code, Correctional Services § 3-222 — MD Code / Article gcs / Title 3 / Subtitle 2 / Section 3-222
§3–222.
Status: in_force

The expenses relating to guarding, lodging, feeding, clothing, and caring for an incarcerated individual who has been sentenced to the jurisdiction of the Division of Correction may not be assessed against, billed to, or paid by a county.
Md. Code, Corporations and Associations § 3-114 — MD Code / Article gca / Title 3 / Subtitle 1 / Section 3-114
§3–114.
Status: in_force

(a) Consummation of a consolidation or merger has the effects provided in this section.

(b) The separate existence of each corporation, partnership, limited partnership, limited liability company, or business trust party to the articles, except the successor, ceases.

(c) The shares of stock of each corporation party to the articles which are to be converted or exchanged under the terms of the articles cease to exist, subject to the rights of an objecting stockholder under Subtitle 2 of this title.

(d) In addition to any other purposes and powers set forth in the articles, if the articles provide, the successor has the purposes and powers of each corporation party to the articles.

(e) (1) The assets of each corporation, partnership, limited partnership, limited liability company, and business trust party to the articles, including any legacies which it would have been capable of taking, transfer to, vest in, and devolve on the successor without further act or deed.

(2) Confirmatory deeds, assignments, or similar instruments to evidence the transfer may be executed and delivered at any time in the name of the transferring corporation, partnership, limited partnership, limited liability company, and business trust:

(i) By its last acting officers, general partners, authorized persons, or trustees; or

(ii) By the appropriate officers, general partners, authorized persons, or trustees of the successor.

(f) (1) The successor is liable for all the debts and obligations of each nonsurviving corporation, partnership, limited partnership, limited liability company, and business trust. An existing claim, action, or proceeding pending by or against any nonsurviving corporation, partnership, limited partnership, limited liability company, or business trust may be prosecuted to judgment as if the consolidation or merger had not taken place, or, on motion of the successor or any party, the successor may be substituted as a party and the judgment against the nonsurviving corporation, partnership, limited partnership, limited liability company, or business trust constitutes a lien on the property of the successor.

(2) A consolidation or merger does not impair the rights of creditors or any liens on the property of any corporation, partnership, limited partnership, limited liability company, or business trust party to the articles.

(g) Unless the articles provide otherwise, until the first meeting of stockholders, the board of directors of a Maryland corporation formed by consolidation has full power to make, alter, and repeal bylaws which have the same status as bylaws adopted by the stockholders.
Md. Code, Courts and Judicial Proceedings § 3-1501 — MD Code / Article gcj / Title 3 / Subtitle 15 / Section 3-1501
§3–1501.
Status: in_force

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

(b) “Commissioner” means a District Court commissioner appointed in accordance with Article IV, § 41G of the Maryland Constitution.

(c) “Court” means the District Court of Maryland.

(d) “Employee” means:

(1) An individual who is employed by an employer; or

(2) A volunteer or an independent contractor who performs services for an employer at the employer’s workplace.

(e) (1) “Employer” means a person engaged in a business, an industry, a profession, a trade, or any other enterprise in the State.

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

(f) “Final peace order” means a peace order issued by a judge under § 3–1505 of this subtitle.

(g) “Interim peace order” means an order that a commissioner issues under this subtitle pending a hearing by a judge on a petition.

(h) “Military protection order” means a protection order issued in accordance with 10 U.S.C. § 1567 by a commanding officer against a person under the officer’s command in:

(1) Any branch of the uniformed services of the United States;

(2) The Maryland National Guard; or

(3) The national guard of any other state.

(i) “Petitioner” means an individual who files a petition under § 3–1503 of this subtitle.

(j) “Residence” includes the yard, grounds, outbuildings, and common areas surrounding the residence.

(k) “Respondent” means an individual alleged in a petition to have committed an act specified in § 3–1503(a) of this subtitle against a petitioner or a petitioner’s employee.

(l) “Temporary peace order” means a peace order issued by a judge under § 3–1504 of this subtitle.
Md. Code, Natural Resources § 3-923 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-923
§3–923.
Status: in_force

(a) Within the first ninety days of each fiscal year, the Authority shall make a report to the Governor and to the chief executive officer and the legislative body of each participating county of its activities for the preceding fiscal year. Each such report shall set forth the complete operating and financial statement covering its operations during such year.

(b) The Authority shall make provision for a system of financial accounting, controls, audits, and reports. All accounting systems and records, auditing procedures and standards, and financial reporting shall conform to generally accepted principles of governmental accounting. The Authority shall adopt the fiscal year of July 1 to June 30, designate the necessary funds for complete accountability, and specify the basis of accounting for each fund. As soon as practical after the closing of the fiscal year, an audit shall be made of the financial books, records, and accounts of the Authority. The audit shall be made by independent certified public accountants, selected by the Authority and licensed to practice in the State. The accountants may not have a personal interest either directly or indirectly in the fiscal affairs of the Authority. They shall be experienced and qualified in the accounting and auditing of public bodies. The report of audit shall be prepared in accordance with generally accepted auditing principles and point out any irregularities found to exist. The accountants shall report the results of their examination, including their unqualified opinion on the presentation of the financial position of the various funds and the results of the Authority’s financial operations. If they are unable to express an unqualified opinion they shall state and explain in detail the reasons for their qualifications, disclaimer, or opinion including recommendations necessary to make possible future unqualified opinions.

(c) The books, records, and accounts of the Authority are subject to audit by the State. Any officer or employee who refuses to give the required assistance and information to the accountants selected by the Authority or by the State, or who refuses to submit to them for examination the books, documents, records, files, accounts, papers, things, or property required for the audit, in the discretion of the Authority, may be required to forfeit his or her office or employment.
Md. Code, Election Law § 3-306 — MD Code / Article gel / Title 3 / Subtitle 3 / Section 3-306
§3–306.
Status: in_force

(a) On election day, an individual may appear at a precinct polling place in the individual’s county of residence and apply to register to vote.

(b) (1) When applying to register to vote on election day, the applicant shall provide proof of residency.

(2) The applicant shall prove residency by showing the election judge:

(i) a Maryland driver’s license or Maryland identification card that contains the applicant’s current address; or

(ii) if the applicant does not have a driver’s license or identification card that contains the applicant’s current address, a copy of an official document that:

1. meets the requirements established by the State Board; and

2. contains the applicant’s name and current address.

(c) (1) When an individual applies to register to vote at a precinct polling place on election day, the election judge shall determine whether the applicant resides in the precinct in which the applicant applied and is qualified to become a registered voter.

(2) If the voter is a resident of the precinct and is qualified to register to vote, the election judge shall:

(i) issue the voter a voter authority card;

(ii) have the voter sign the voter authority card; and

(iii) issue the voter a regular ballot.

(3) If the voter is a resident of the county but not the precinct, is qualified to register to vote, and chooses to vote in the precinct, the election judge shall:

(i) issue the voter a voter authority card;

(ii) have the voter sign the voter authority card; and

(iii) issue the voter a provisional ballot.

(d) (1) Unless a local board elects to make the notification, the State Board shall take appropriate measures to notify potential registrants of the correct precinct polling place for the potential registrants’ residence addresses before each election.

(2) The election judge shall notify an individual who applies to register to vote at the incorrect precinct for the voter’s residence address of the correct precinct for the voter’s residence address.

(e) The State Board shall adopt regulations and procedures in accordance with the requirements of this section for the administration of voter registration on election day.
Md. Code, Natural Resources § 3-106 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-106
§3–106.
Status: reserved

(a) The Executive Director, after consultation with the Secretary of Natural Resources, the Secretary of the Environment, the Secretary of Planning, and the municipalities affected, shall determine appropriate boundaries for water supply service regions, wastewater purification service regions, and solid waste disposal service regions. Service regions shall be based upon needs set forth in, and provide integration of, approved State–county master plans for water and sewerage or solid waste disposal, adopted pursuant to the Environment Article, but also may take account of other plans and studies.

(b) As soon as possible after the determination of appropriate boundaries, the Executive Director, after consultation with the municipalities affected, shall establish priorities for designating water supply service regions, wastewater purification service regions, and solid waste disposal service regions and formally designate the regions.

(c) Identical service regions need not be designated for water supply, wastewater purification and solid waste disposal projects. No part of the State may be included in more than one of these service regions.

(d) As soon as possible after designation of a service region, the Service shall cause surveys, plans, studies, and estimates to be made, and after consultation with the municipalities located within the service region, prepare a five–year plan for each service region for the most effective and economical means of providing water supply, wastewater purification and solid waste disposal projects. In preparing a five–year plan, the Service shall consider the effects of public versus private ownership of water and wastewater facilities upon the provision of dependable, effective, and efficient water and wastewater services. Except as required by an order of the Secretary of the Environment under § 3–109 or § 3–110 of this subtitle, the five–year plans shall be consistent with the approved county water and sewerage plans adopted in compliance with Title 9 of the Environment Article. The five–year plans shall designate the existing facilities or portions that are to be transferred to the jurisdiction of the Service; improvements to and extension of existing facilities; construction of new water supply, wastewater purification, and solid waste disposal projects; proposed methods of acquisition, ownership, and operation by the Service or by affected municipalities and persons, or both together with anticipated expenditures, sources of revenue, and charges for projects to be levied against municipalities, persons, and property; and related matters the Service finds necessary or convenient.

(e) (1) The Service may adopt a five–year plan only after at least one public hearing in each of the counties affected. At least 60 days before a hearing, the proposed five–year plan shall be submitted for review and comment to each county, to each municipality which owns or operates a public facility affected by the plan, and to the Secretaries of Natural Resources and the Environment and the Secretary of Planning. A five–year plan can be adopted by the Service only after it is submitted to and approved by resolution of the governing body of each county and after consultation with the governing body of each municipality which owns or operates a public facility affected by the plan, or if the plan is not approved by each of the appropriate governing bodies within 120 days following submission of the plan for approval of the governing bodies, after the plan is approved by joint resolution of the General Assembly. If a joint resolution of the General Assembly approving a five–year plan contains any amendments or modifications to the plan, those amendments and modifications repeal the plan to the extent of any inconsistency. The provisions of this subtitle do not authorize the Service to take any action which would be inconsistent with the amendments or modifications without the approval of the governing body of each county and after consultation with the governing body of each municipality which owns or operates a public facility included within the plan.

(2) Notwithstanding any other provision of this subtitle, if any bonds or notes issued by the Service with respect to a project in a service area are outstanding and unpaid, any 5–year plan, contract, or charges relating to a service district or project may not be amended, terminated, or reduced, as the case may be, without the written consent of the Service, and any 5–year plan, contract, or charges to the service district remain in full force and effect so long as any such bonds or notes remain outstanding and unpaid.

(f) Upon adoption of a five–year plan by the Service, service districts shall be established in the manner and following the schedule set forth in the plan. Immediately thereafter, the Service shall proceed with the acquisition, extension, and construction of facilities set forth in the plan and assume jurisdiction over and provide for the maintenance and operation of water supply, wastewater purification and solid waste disposal projects included in the plan, for those projects within the service region and districts placed under the jurisdiction of the Service by the plan.

(g) The Service may enter into contracts with municipalities and persons within a service district and stipulate the projects to be provided, the amount of compensation for acquiring existing projects, the charges to be apportioned to the municipalities and persons, the manner of repaying the Service for these charges, and the effective date or dates the Service will initiate the provision of projects.

(h) Existing projects providing water supply, wastewater purification and solid waste disposal services, including all rights, easements, laboratory facilities, vehicles, records and all other property, equipment, and furnishings necessary and normally associated with the operation of the facility, shall be transferred to the sole ownership of the Service at the time designated in the five–year plan. Compensation for existing projects may be based on the original cost of the project minus an allowance for depreciation, or on other terms and conditions satisfactory to the municipality or person transferring the project. All costs and obligations assumed by the Service incidental to the transfer of ownership of an existing project shall be included in the charges apportioned to the service district.

(i) The Service shall review, update, and readopt the five–year plan for each service region biennially after review by the municipalities and persons concerned. The five–year plan may be updated and readopted by the Service only after at least one public hearing in each of the counties affected. Upon updating and readopting, the Service shall take the actions necessary to implement the revised plan.

(j) The Service by formal action, and after consultation with the municipalities affected, may extend the boundaries of service regions or districts, combine two or more service regions or districts or parts thereof and combine, abandon, extend, enlarge, improve, or make any other modification of projects serving one or more service districts, but no change may diminish any existing level of service rendered to the district or districts concerned.

(k) Within a wastewater purification service district, the Service is responsible for the purification and disposal of liquid waste as set forth in the five–year plan, including the residue resulting from purification, that is delivered to the Service projects through the sewer pipes of any municipality or person in the Service district, except that the Service may exclude or require preconditioning of any waste that might otherwise be harmful to structures or purification processes or endanger the health or safety of workers. Within the Service district no municipality or person may discharge liquid waste onto the surface of the ground or into the waterways of the State except through the projects of the Service or of a municipality or person designated by the plan or under reasonable conditions the Service stipulates.

(l) Within a solid waste disposal service district the Service is responsible for the disposal of solid wastes as set forth in the five–year plan. Within the service district no municipality or person may dispose of solid wastes except through the projects of the Service or of a municipality or person designated by the plan, or under reasonable conditions the Service stipulates.

(m) Within a water supply service district, the Service shall be responsible for supply and distribution of water as set forth in the five–year plan.

(n) With the consent of the county or municipal corporation in which a project is to be located, the Service may implement a project not provided for in the five–year plan adopted under this subtitle, service region, or service district established under this section or if no five–year plan, service region, or service district has been established.
Md. Code, Land Use § 3-112 — MD Code / Article glu / Title 3 / Subtitle 1 / Section 3-112
§3–112.
Status: in_force

(a) The municipal growth element shall include:

(1) the municipal corporation’s:

(i) future municipal growth areas outside the existing corporate limits;

(ii) past growth patterns;

(iii) capacity of land areas available for development, redevelopment, and in–fill;

(2) the land area needed to satisfy demand for development at densities consistent with long–term development policy;

(3) the relationship of the long–term development policy to a vision of the municipal corporation’s future character;

(4) rural buffers and transition areas;

(5) protection of sensitive areas that could be impacted by development planned within the proposed municipal growth area;

(6) population growth projections;

(7) public services and infrastructure needed to accommodate growth within the proposed municipal growth areas, including those necessary for:

(i) libraries;

(ii) recreation;

(iii) water and sewerage facilities;

(iv) public safety, including emergency medical response;

(v) stormwater management systems sufficient to ensure water quality both inside and outside the proposed municipal growth area; and

(vi) public schools sufficient to accommodate student population consistent with State rated capacity standards established by the Interagency Commission on School Construction;

(8) any burden on services and infrastructure for which the municipal corporation would be responsible for development in areas near to and outside of the proposed municipal growth area; and

(9) anticipated financing mechanisms to support necessary public services and infrastructure.

(b) On request of a municipal corporation, the Department of Planning shall provide technical assistance for the purposes of developing the municipal growth element of the comprehensive plan.
Md. Code, Courts and Judicial Proceedings § 3-2A-06D — MD Code / Article gcj / Title 3 / Subtitle 2A / Section 3-2A-06D
§3–2A–06D.
Status: in_force

(a) (1) This section applies only to an initial complaint filed on or after January 1, 2005, for which a certificate of a qualified expert is required to be filed in accordance with § 3-2A-04 of this subtitle.

(2) This section does not apply if the defendant admits liability.

(b) (1) Within 15 days after the date that discovery is required to be completed, a party shall file with the court a supplemental certificate of a qualified expert, for each defendant, that attests to:

(i) The certifying expert’s basis for alleging what is the specific standard of care;

(ii) The certifying expert’s qualifications to testify to the specific standard of care;

(iii) The specific standard of care;

(iv) For the plaintiff:

1. The specific injury complained of;

2. How the specific standard of care was breached;

3. What specifically the defendant should have done to meet the specific standard of care; and

4. The inference that the breach of the standard of care proximately caused the plaintiff’s injury; and

(v) For the defendant:

1. How the defendant complied with the specific standard of care;

2. What the defendant did to meet the specific standard of care; and

3. If applicable, that the breach of the standard of care did not proximately cause the plaintiff’s injury.

(2) An extension of the time allowed for filing a supplemental certificate under this section shall be granted for good cause shown.

(3) The facts required to be included in the supplemental certificate of a qualified expert shall be considered necessary to show entitlement to relief sought by a plaintiff or to raise a defense by a defendant.

(c) Subject to the provisions of this section:

(1) If a plaintiff fails to file a supplemental certificate of a qualified expert for a defendant, on motion of the defendant the court may dismiss, without prejudice, the action as to that defendant; or

(2) If the defendant fails to file a supplemental certificate of a qualified expert, on motion of the plaintiff the court may adjudicate in favor of the plaintiff on the issue of liability as to that defendant.

(d) (1) The Maryland Rules apply to filing and serving a copy of a certificate required under this section and in motions relating to a violation of this section.

(2) Nothing contained in this section prohibits or limits a party from moving for summary judgment in accordance with the Maryland Rules.

(e) For purposes of the certification requirements of this section:

(1) A party may not serve as a party’s expert; and

(2) The certificate may not be signed by:

(i) A party;

(ii) An employee or partner of a party; or

(iii) An employee or stockholder of any professional corporation of which the party is a stockholder.

(f) (1) The clerk of the court shall forward to the Department of Health and Mental Hygiene copies of the certificates filed under this section.

(2) In the case of a complaint against a physician, the Department of Health and Mental Hygiene shall forward to the State Board of Physicians copies of the supplemental certificate of a qualified expert filed under this section.
Md. Code, Public Safety § 3-303 — MD Code / Article gps / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

(a) The following entities may apply for the appointment of special police officers for the following purposes:

(1) a municipal corporation, county, or other governmental body of the State, in order to protect property owned, leased, or regularly used by the governmental body or any of its units;

(2) another state, or subdivision or unit of another state, that has an interest in property located wholly or partly in this State, in order to protect the property;

(3) a college, university, or public school system in the State, in order to protect its property or students;

(4) a person that exists and functions for a legal business purpose, in order to protect its business property; or

(5) a person that holds a valid license as a security guard agency under Title 19, Subtitle 3 of the Business Occupations and Professions Article, in order to protect property owned or leased by its clients.

(b) The applicant for a commission shall be at least 18 years old.

(c) (1) This subsection does not apply to an applicant for an initial commission who, within 5 years prior to application, has:

(i) completed a basic training course for police officers approved by the Secretary in consultation with the Maryland Police Training and Standards Commission;

(ii) completed a basic training course for police officers similar to the course described in item (i) of this paragraph in another state or for the federal government;

(iii) separated from a law enforcement agency in good standing; or

(iv) completed training approved by the Maryland Police Training and Standards Commission for a special police officer at a State institution of higher education.

(2) An applicant for an initial commission shall complete a training course approved by the Secretary in consultation with the Maryland Police Training and Standards Commission consisting of at least 80 hours of instruction, including instruction on:

(i) criminal law;

(ii) constitutional procedural requirements relating to search, seizure, and arrest; and

(iii) the appropriate use of force.
Md. Code, Corporations and Associations § 3-410 — MD Code / Article gca / Title 3 / Subtitle 4 / Section 3-410
§3–410.
Status: in_force

(a) When a Maryland corporation is voluntarily dissolved, until a court appoints a receiver, the business and affairs of the corporation shall be managed under the direction of the board of directors solely for the purpose set forth in § 3-408(b) of this subtitle.

(b) On behalf of the corporation, the directors shall:

(1) Collect and distribute the assets, applying them to the payment, satisfaction, and discharge of existing debts and obligations of the corporation, including necessary expenses of liquidation; and

(2) Distribute the remaining assets among the stockholders.

(c) The directors may:

(1) Carry out the contracts of the corporation;

(2) Sell all or any part of the assets of the corporation at public or private sale;

(3) Sue or be sued in the name of the corporation; and

(4) Do all other acts consistent with law and the charter of the corporation necessary or proper to liquidate the corporation and wind up its affairs.

(d) Dissolution of a corporation does not subject the directors of a corporation to a standard of conduct other than the standards of conduct for directors set forth in § 2-405.1 of this article.
Md. Code, Courts and Judicial Proceedings § 3-101 — MD Code / Article gcj / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

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

(b) “Absentee” means a person who has disappeared.

(c) “Court” means a court having jurisdiction as provided in § 13-105(b) of the Estates and Trusts Article.
Md. Code, Business Occupations and Professions § 3-405 — MD Code / Article gbo / Title 3 / Subtitle 4 / Section 3-405
§3–405.
Status: in_force

(a) An applicant for a permit shall:

(1) submit to the Board an application on the form that the Board provides; and

(2) pay to the Board a nonrefundable application fee set by the Board.

(b) In addition to any other information required on an application form, the form shall require the name and address of:

(1) each responsible member of a corporation, limited liability company, or partnership;

(2) each officer and director of a corporation;

(3) each member of a limited liability company; and

(4) each partner of a partnership.
Md. Code, State Finance and Procurement § 3-1002 — MD Code / Article gsf / Title 3 / Subtitle 10 / Section 3-1002
§3–1002.
Status: in_force

(a) The Department shall review and update as necessary:

(1) the goals developed in the managing for results State comprehensive plan; and

(2) the plan’s objectives and performance measures.

(b) Except as otherwise provided in this subtitle, on or before July 1 of each year an agency, in conjunction with the Department, shall select no more than six agency goals that are:

(1) compatible with the managing for results State comprehensive plan; or

(2) consistent with the agency’s mission if the goals identified in the managing for results State comprehensive plan do not apply to the agency.

(c) Except as otherwise provided in this subtitle, with its annual budget submission to the Department, an agency shall develop and submit to the Department as part of the budget process a managing for results agency strategic plan that shall include:

(1) a mission statement;

(2) a description of the agency’s goals;

(3) a description of the objectives and performance measures implemented at the program level to achieve the agency’s goals, including:

(i) performance measure statistics for at least the 2 most recently completed fiscal years; and

(ii) performance measure estimates for the current year appropriation and budget request year;

(4) a discussion of the agency’s progress in meeting its goals and performance measures and any challenges the agency has faced in working toward its goals;

(5) a description of the internal controls established to ensure reliability of the data collected for each performance measure; and

(6) an identification of the customers and stakeholders served.

(d) An agency subject to this subtitle shall maintain documentation of the internal controls established to evaluate performance measures that shall be subject to review by the State, including the Office of Legislative Audits.

(e) (1) The Department shall provide a report to the Senate Budget and Taxation Committee and House Appropriations Committee in January of each year on the contents of the State comprehensive plan and the State’s progress toward the goals outlined in the plan.

(2) The report shall include details on each agency’s progress.

(3) The Senate Budget and Taxation Committee and House Appropriations Committee may hold hearings after receiving the report.

(4) The first report shall be submitted on or before January 31, 2005 and shall include a presentation of the first managing for results State comprehensive plan.
Md. Code, Courts and Judicial Proceedings § 3-1102.1 — MD Code / Article gcj / Title 3 / Subtitle 11 / Section 3-1102.1
§3–1102.
Status: in_force

§3–1102.1.

A person in control who is at fault is responsible for the expense of an emergency response, containment, cleanup, and abatement of a release or threatened release of hazardous materials at a fixed facility by a volunteer fire company, or the individual members of the volunteer fire company.
Md. Code, Courts and Judicial Proceedings § 3-2015 — MD Code / Article gcj / Title 3 / Subtitle 20 / Section 3-2015
§3–2015.
Status: in_force

This subtitle may be cited as the Maryland Uniform Collaborative Law Act.
Md. Code, Correctional Services § 3-527 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-527
§3–527.
Status: in_force

(a) The Customer Council shall meet quarterly.

(b) A member of the Customer Council:

(1) may not receive compensation for membership on the Customer Council; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Correctional Services § 3-710 — MD Code / Article gcs / Title 3 / Subtitle 7 / Section 3-710
§3–710.
Status: in_force

If an incarcerated individual in the Patuxent Institution or a correctional facility in the Division is admitted to a mental health facility under § 10–614 of the Health – General Article, the incarcerated individual may be allowed diminution credits under this subtitle.
Md. Code, Business Regulation § 3-401 — MD Code / Article gbr / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: in_force

(a) An amusement attraction may not operate unless the amusement owner has purchased insurance for the amusement attraction in accordance with this subtitle.

(b) Except for testing and inspection, an amusement attraction may not be operated unless the Commissioner has issued a certificate of inspection for the amusement attraction.
Md. Code, General Provisions § 3-212 — MD Code / Article ggp / Title 3 / Subtitle 2 / Section 3-212
§3–212.
Status: in_force

(a) On receipt of an oral or written complaint by any person that a meeting required to be open under this title will be closed in violation of this title, the Board, acting through its chair, a designated Board member, or any authorized staff person available to the Board, may contact the public body to determine the nature of the meeting that will be held and the reason for the expected closure of the meeting.

(b) When at least two members of the Board conclude that a violation of this title may occur if the closed meeting is held, the person acting for the Board immediately shall inform the public body of the potential violation and any lawful means that are available for conducting its meeting to achieve the purposes of the public body.

(c) The person acting for the Board shall inform the person who filed the complaint under subsection (a) of this section of the result of any effort to achieve compliance with this title under subsection (b) of this section.

(d) The person acting for the Board shall file a written report with the Board describing the complaint, the effort to achieve compliance, and the results of the effort.

(e) The filing of a complaint under subsection (a) of this section and action by a person acting for the Board under subsections (b), (c), and (d) of this section may not prevent or bar the Board from considering and acting on a written complaint filed in accordance with § 3–205 of this subtitle.
Md. Code, Commercial Law § 3-117 — MD Code / Article gcl / Title 3 / Subtitle 1 / Section 3-117
§3–117.
Status: in_force

Subject to applicable law regarding exclusion of proof of contemporaneous or previous agreements, the obligation of a party to an instrument to pay the instrument may be modified, supplemented, or nullified by a separate agreement of the obligor and a person entitled to enforce the instrument, if the instrument is issued or the obligation is incurred in reliance on the agreement or as part of the same transaction giving rise to the agreement. To the extent an obligation is modified, supplemented, or nullified by an agreement under this section, the agreement is a defense to the obligation.
Md. Code, Insurance § 3-112 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-112
§3–112.
Status: in_force

(a) The determination by the domestic mutual insurer of the total assessment under § 3-111 of this subtitle and the amount of each member’s assessment is considered prima facie correct.

(b) (1) The domestic mutual insurer shall mail to each member, at the member’s last address of record with the domestic mutual insurer, notice of:

(i) the amount of the assessment to be paid; and

(ii) the period within which the assessment must be paid.

(2) The period within which the assessment must be paid may not be less than 20 days after notice.

(c) (1) If a member fails to pay the assessment within the period specified in the notice, the domestic mutual insurer may bring suit to collect the assessment.

(2) Failure of the member to receive the notice mailed in accordance with subsection (b) of this section is not a defense in an action to collect the assessment.
Md. Code, Agriculture § 3-803 — MD Code / Article gag / Title 3 / Subtitle 8 / Section 3-803
§3–803.
Status: in_force

(a) In addition to the power to protect the health of domestic animals set forth elsewhere in this article, and subject to Subtitle 10 of this title, the Secretary may adopt an animal health protection program that is applicable to any live poultry market, production facility, and poultry dealer.

(b) An animal health protection program adopted by the Secretary under subsection (a) of this section may include a program that meets the regulatory requirements of the United States Department of Agriculture’s Uniform Standards for the Prevention and Control of H5 and H7 Low Pathogenicity Avian Influenza in the live bird marketing system.
Md. Code, Courts and Judicial Proceedings § 3-202 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

An agreement providing for arbitration under the law of the State confers jurisdiction on a court to enforce the agreement and enter judgment on an arbitration award.
Md. Code, Health Occupations § 3-315 — MD Code / Article gho / Title 3 / Subtitle 3 / Section 3-315
§3–315.
Status: in_force

(a) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 3–313 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

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

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

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

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

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

(g) If, after a hearing, a chiropractor is found in violation of § 3–313 of this subtitle, the chiropractor shall pay to the Board the costs for court reporting services.
Md. Code, Correctional Services § 3-210 — MD Code / Article gcs / Title 3 / Subtitle 2 / Section 3-210
§3–210.
Status: in_force

(a) The Commissioner shall appoint a warden or administrator for each correctional facility in the Division.

(b) A warden or administrator shall have executive experience and adequate knowledge of correctional facilities and systems.

(c) A warden or administrator serves at the pleasure of the Commissioner.
Md. Code, Courts and Judicial Proceedings § 3-2407 — MD Code / Article gcj / Title 3 / Subtitle 24 / Section 3-2407
§3–2407.
Status: in_force

(a) A person may not knowingly disclose a Program participant’s actual address.

(b) A protected individual or the Office of Information Privacy may bring an action for a violation of this section for:

(1) Declaratory relief;

(2) Injunctive relief; or

(3) Reasonable attorney’s fees.
Md. Code, Labor and Employment § 3-915 — MD Code / Article gle / Title 3 / Subtitle 9 / Section 3-915
§3–915.
Status: in_force

(a) A person may not knowingly incorporate or form, or assist in the incorporation or formation of, a corporation, partnership, limited liability corporation, or other entity, or pay or collect a fee for use of a foreign or domestic corporation, partnership, limited liability corporation, or other entity for the purpose of facilitating, or evading detection of, a violation of this subtitle.

(b) A person may not knowingly conspire with, aid and abet, assist, advise, or facilitate an employer with the intent of violating this subtitle.

(c) (1) Except as provided in paragraph (2) of this subsection, a person that violates this section shall be subject to a civil penalty not exceeding $20,000.

(2) A person that violates this section may not be subject to a civil penalty under this section if the person:

(i) holds a professional license as a lawyer or a certified public accountant; and

(ii) was performing an activity in the ordinary course of that person’s license when the violation occurred.

(3) If the person is exempt from sanction under paragraph (2) of this subsection, the Commissioner shall promptly refer the person for investigation and possible sanction to the unit of State government that has regulatory jurisdiction over the business activities of that person.

(d) The procedures governing investigations, citations, and administrative and judicial review of an alleged violation under this section shall be the same as those set forth in §§ 3–905 and 3–906 of this subtitle.

(e) A person may be assessed civil penalties under this section by only one final order of a court or administrative unit for the same actions constituting the violation.
Md. Code, Economic Development § 3-301 — MD Code / Article gec / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

In this subtitle, “Office” means the Office of International Trade.
Md. Code, Transportation § 3-511 — MD Code / Article gtr / Title 3 / Subtitle 5 / Section 3-511
§3–511.
Status: in_force

The Department may issue bonds under this subtitle:

(1) Without obtaining the consent of any instrumentality, agency, or unit of this State; and

(2) Without any proceedings or the happening of any conditions or things other than those specifically required by this subtitle.
Md. Code, Criminal Law § 3-207 — MD Code / Article gcr / Title 3 / Subtitle 2 / Section 3-207
§3–207.
Status: in_force

(a) On a pretrial motion of the State, a court may dismiss a charge of assault if:

(1) the victim and the defendant agree to the dismissal; and

(2) the court considers the dismissal proper.

(b) The defendant shall pay the costs that would have been incurred if the defendant had been found guilty.
Md. Code, Commercial Law § 3-119 — MD Code / Article gcl / Title 3 / Subtitle 1 / Section 3-119
§3–119.
Status: in_force

In an action for breach of an obligation for which a third person is answerable over pursuant to this title or Title 4, the defendant may give the third person written notice of the litigation, and the person notified may then give similar notice to any other person who is answerable over. If the notice states (i) that the person notified may come in and defend and (ii) that failure to do so will bind the person notified in an action later brought by the person giving the notice as to any determination of fact common to the two litigations, the person notified is so bound unless after seasonable receipt of the notice the person notified does come in and defend.
Md. Code, Labor and Employment § 3-607 — MD Code / Article gle / Title 3 / Subtitle 6 / Section 3-607
§3–607.
Status: in_force

(a) If a principal makes a revocable offer of a commission to a sales representative who is not an employee of the principal, the sales representative is entitled to the commission agreed on if:

(1) the principal revokes the offer of commission and the sales representative establishes that the revocation was for the purpose of avoiding payment of the commission; or

(2) (i) the revocation occurs after the sales representative has obtained a written order for the principal’s product because of the efforts of the sales representative; and

(ii) the principal’s product that is the subject of the order is shipped to and paid for by a customer.

(b) This section may not be construed to:

(1) impair the application of § 2-201 or § 2-209 of the Commercial Law Article;

(2) abrogate any rule of agency law; or

(3) unconstitutionally impair the obligations of contracts.
Md. Code, Criminal Law § 3-804 — MD Code / Article gcr / Title 3 / Subtitle 8 / Section 3-804
§3–804.
Status: in_force

(a) A person may not use telephone facilities or equipment to make:

(1) an anonymous call that is reasonably expected to annoy, abuse, torment, harass, or embarrass another;

(2) repeated calls with the intent to annoy, abuse, torment, harass, or embarrass another; or

(3) a comment, request, suggestion, or proposal that is obscene, lewd, lascivious, filthy, or indecent.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $500 or both.
Md. Code, Courts and Judicial Proceedings § 3-809 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-809
§3–809.
Status: in_force

(a) On receipt of a complaint from a person or agency having knowledge of facts which may cause a child to be subject to the jurisdiction of the court under this subtitle, the local department shall file a petition under this subtitle if it concludes that the court has jurisdiction over the matter and that the filing of a petition is in the best interests of the child.

(b) Within 5 days after reaching a decision not to file a petition, the local department shall inform in writing the following persons of the decision and the reasons for the decision:

(1) A child over the age of 10 who would have been the subject of the petition, if appropriate;

(2) The parent, guardian, or custodian of the child who would have been the subject of the petition; and

(3) Each person or agency that requested that a petition be filed.

(c) Within 15 days after notice that a local department has decided not to file a petition, the person or agency that requested that a petition be filed may request review by the Secretary of Human Services.

(d) Within 15 days after a request for review is received, the Secretary of Human Services or the Secretary’s designee, in consultation with the director of the local department, shall review the report and may direct the local department to file a petition within 5 days.

(e) If the Secretary of Human Services or the Secretary’s designee refuses to direct the local department to file a petition, the person or agency that filed the complaint under subsection (a) of this section or caused it to be filed may file the petition.
Md. Code, Natural Resources § 3-2A-09 — MD Code / Article gnr / Title 3 / Subtitle 2A / Section 3-2A-09
§3–2A–09.
Status: in_force

(a) Except as provided in this subtitle, the Trust may set the terms and conditions for grants.

(b) If the Trust decides to grant money to an applicant, the Trust shall prepare grant documents.
Md. Code, Insurance § 3-218 — MD Code / Article gin / Title 3 / Subtitle 2 / Section 3-218
§3–218.
Status: in_force

(a) If a reciprocal insurer has a surplus of assets over all liabilities at least equal to the minimum capital stock and surplus required of a domestic stock insurer authorized to engage in like kinds of insurance business, on application of the attorney in fact of the reciprocal insurer and as approved by the subscribers' advisory committee, the Commissioner shall issue a certificate that authorizes the reciprocal insurer to:

(1) extinguish the contingent liability of subscribers under its policies then in force in the State; and

(2) omit provisions that impose contingent liability in all policies delivered or issued for delivery in the State as long as the surplus remains unimpaired.

(b) (1) The Commissioner may not authorize a domestic reciprocal insurer to extinguish the contingent liability of any of its subscribers or in any of its policies to be issued unless the reciprocal insurer qualifies to extinguish and does extinguish the contingent liability of all of its subscribers and in all of its policies for all kinds of insurance that the reciprocal insurer transacts.

(2) Notwithstanding paragraph (1) of this subsection, if required by the laws of another state in which the domestic reciprocal insurer is authorized to transact insurance, the domestic reciprocal insurer:

(i) may issue policies that provide for the contingent liability of its subscribers who acquire policies in that state; and

(ii) need not extinguish the contingent liability applicable to policies then in force in that state.

(c) (1) If the surplus described in subsection (a) of this section becomes impaired, the Commissioner immediately shall revoke the certificate that authorizes the reciprocal insurer to issue nonassessable policies.

(2) The revocation does not subject a policy then in force to contingent liability for the remainder of the period for which the premium has been paid.

(3) After revocation of authority to issue nonassessable policies, a reciprocal insurer may not issue or renew a policy without providing for the contingent liability of the subscriber.
Md. Code, Public Safety § 3-519.1 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-519.1
§3–519.
Status: in_force

§3–519.1.

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

(b) A law enforcement agency shall:

(1) post the agency’s positive community feedback process on the agency’s website if the agency maintains a website; and

(2) maintain a record of positive community feedback for all law enforcement officers within the agency.

(c) Notwithstanding any other provision of law, records maintained under subsection (b) of this section are subject to public inspection in accordance with the Maryland Public Information Act.
Md. Code, State Government § 3-403 — MD Code / Article gsg / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

An executive order has the effective date set in the executive order.
Md. Code, Corporations and Associations § 3-417 — MD Code / Article gca / Title 3 / Subtitle 4 / Section 3-417
§3–417.
Status: in_force

(a) If a court declares a corporation dissolved, the order shall direct the clerk of the court to certify promptly to the Department that the order has been entered. If the order is later annulled, the order of annulment shall contain a similar direction.

(b) On notice from the counsel of record of a party seeking dissolution that the entry of an order of dissolution will be requested, the Department shall furnish to the counsel, without charge, a list of all collectors of taxes of counties and municipalities to which the Department has certified an assessment of personal property taxable to the corporation within the preceding four years.

(c) (1) The court may not enter an order dissolving a corporation unless the counsel of record certifies that at least 20 days before the order is entered he notified, by certified mail, return receipt requested, the Comptroller, the Department, the Secretary of Labor, and the collector of taxes in each county or municipality on the list supplied by the Department, that entry of the order would be requested.

(2) The list shall accompany the certificate of counsel and shall be dated not more than 90 days before entry of the order.
Md. Code, Financial Institutions § 3-403 — MD Code / Article gfi / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

(a) (1) After the initial issuance of capital stock by a commercial bank, each of its directors shall own in good faith and of record unencumbered shares of the capital stock of:

(i) The commercial bank; or

(ii) A corporation that owns more than 80 percent of the capital stock of the commercial bank.

(2) The unencumbered capital stock owned by the director shall be in the amount of at least:

(i) $500; or

(ii) $250, if the commercial bank is a State bank that has $50,000 or less in capital stock.

(3) To determine the amount of capital stock owned by a director:

(i) Based on the value of the stock on the date of purchase or on the date the director took office, whichever is greater, any one or more of the following may be considered:

1. Aggregate par value in the amount required under either paragraph (2)(i) or (ii) of this subsection;

2. Aggregate shareholder’s equity in the amount required under either paragraph (2)(i) or (ii) of this subsection; or

3. Aggregate fair market value in the amount required under paragraph (2)(i) or (ii) of this subsection; and

(ii) Debt instruments of the commercial bank or corporation may not be considered.

(b) At least 30% of the directors of a commercial bank shall be residents of this State.
Md. Code, Courts and Judicial Proceedings § 3-1606 — MD Code / Article gcj / Title 3 / Subtitle 16 / Section 3-1606
§3–1606.
Status: in_force

A person entitled to bring a civil action under this subtitle may recover any or all of the following:

(1) Economic damages and any other pecuniary loss sustained by the plaintiff that was proximately caused by the death of an individual from the individual’s unlawful use of a controlled dangerous substance; and

(2) Noneconomic damages, including pain and suffering, emotional distress, mental anguish, loss of enjoyment, loss of companionship, services and consortium, and other nonpecuniary loss sustained by the plaintiff that was proximately caused by the death of an individual from the individual’s unlawful use of a controlled dangerous substance.
Md. Code, Correctional Services § 3-201 — MD Code / Article gcs / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

There is a Division of Correction in the Department.
Md. Code, Real Property § 3-110 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-110
§3–110.
Status: in_force

(a) The clerk of the court of any county may not refuse to accept for recording any deed or other recordable instrument delivered by mail, or not in person, if the deed or other recordable instrument:

(1) Meets all the requisites for recording;

(2) Is accompanied by correct fees and taxes; and

(3) Is accompanied by a letter from an attorney or party to the instrument requesting or directing its recordation.

(b) This section does not require a clerk to perform any function which he normally would not have to perform if an instrument is delivered in person.
Md. Code, Financial Institutions § 3-401 — MD Code / Article gfi / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: in_force

The business and affairs of a commercial bank shall be managed under the direction of a board of directors.
Md. Code, Real Property § 3-116 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-116
§3–116.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section, a clerk of the circuit court and any State or local agency that receives a Real Property ACP Notice under § 3–115 of this subtitle may not disclose the program participant’s identity information in conjunction with the property identified in the notice.

(b) A program participant’s identity information may be disclosed in conjunction with a property identified in a Real Property ACP Notice if:

(1) The program participant consents to the disclosure for a specific purpose identified in a writing acknowledged by the program participant;

(2) The information is subject to disclosure in accordance with a court order; or

(3) The Secretary authorizes the disclosure in accordance with § 3–118 of this subtitle.

(c) The prohibition on disclosure shall continue until:

(1) The program participant consents to the termination of the Real Property ACP Notice in a writing acknowledged by the program participant;

(2) The Real Property ACP Notice is terminated in accordance with a court order;

(3) The program participant no longer holds a record interest in the property identified in the Real Property ACP Notice; or

(4) The Secretary gives written notice to the clerk of the circuit court that the individual named in the Real Property ACP Notice is no longer a program participant.
Md. Code, Criminal Law § 3-314 — MD Code / Article gcr / Title 3 / Subtitle 3 / Section 3-314
§3–314.
Status: in_force

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

(2) (i) “Correctional employee” means a:

1. correctional officer, as defined in § 8–201 of the Correctional Services Article; or

2. managing official or deputy managing official of a correctional facility.

(ii) “Correctional employee” includes a sheriff, warden, or other official who is appointed or employed to supervise a correctional facility.

(3) “Court–ordered services provider” means a person who provides services to an individual who has been ordered by the court, the Division of Parole and Probation, or the Department of Juvenile Services to obtain those services.

(4) (i) “Incarcerated individual” has the meaning stated in § 1–101 of this article.

(ii) “Incarcerated individual” includes an individual confined in a community adult rehabilitation center.

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

(b) (1) This subsection applies to:

(i) a correctional employee;

(ii) any other employee of the Department of Public Safety and Correctional Services or a correctional facility;

(iii) an employee of a contractor providing goods or services to the Department of Public Safety and Correctional Services or a correctional facility; and

(iv) any other individual working in a correctional facility, whether on a paid or volunteer basis.

(2) A person described in paragraph (1) of this subsection may not engage in sexual contact, vaginal intercourse, or a sexual act with an incarcerated individual.

(c) A person may not engage in sexual contact, vaginal intercourse, or a sexual act with an individual confined in a child care institution licensed by the Department of Juvenile Services, a detention center for juveniles, or a facility for juveniles listed in § 9–226(b) of the Human Services Article.

(d) A court–ordered services provider may not engage in sexual contact, vaginal intercourse, or a sexual act with an individual ordered to obtain services while the order is in effect.

(e) (1) Except as provided in paragraph (2) of this subsection, a law enforcement officer may not engage in sexual contact, vaginal intercourse, or a sexual act with a person:

(i) who is a victim, witness, or suspect in an open investigation that the law enforcement officer is conducting, supervising, or assisting with if the law enforcement officer knew or should have known that the person is a victim, witness, or suspect in the investigation;

(ii) requesting assistance from or responding to the law enforcement officer in the course of the law enforcement officer’s official duties; or

(iii) in the custody of the law enforcement officer.

(2) Paragraph (1)(i) and (ii) of this subsection does not apply if the law enforcement officer:

(i) had a prior existing legal sexual relationship with the person; and

(ii) did not act under the color or pretense of office or under color of official right when seeking consent to the vaginal intercourse, sexual act, or sexual contact.

(f) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both.

(g) A sentence imposed for a violation of this section may be separate from and consecutive to or concurrent with a sentence for another crime under § 3–303, § 3–304, or §§ 3–307 through 3–310 of this subtitle, or § 3–305, § 3–306, § 3–311, or § 3–312 of this subtitle as the sections existed before October 1, 2017.
Md. Code, Financial Institutions § 3-507 — MD Code / Article gfi / Title 3 / Subtitle 5 / Section 3-507
§3–507.
Status: in_force

Notwithstanding any other provision of this subtitle, a trust company may provide in a fund plan that the fund shall be administered in accordance with those federal rules and regulations that relate to the collective investment of trust funds by national banking associations.
Md. Code, Business Occupations and Professions § 3-304 — MD Code / Article gbo / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

An applicant for a license shall:

(1) submit to the Board an application on the form that the Board provides; and

(2) pay to the Board or the Board’s designee:

(i) a nonrefundable application fee set by the Board; and

(ii) an examination fee set by the Board in an amount not to exceed the cost of the required examination.
Md. Code, Tax - General § 3-110 — MD Code / Article gtg / Title 3 / Subtitle 1 / Section 3-110
§3–110.
Status: in_force

(a) The Tax Court may appoint 1 or more deputy clerks.

(b) Each deputy clerk is entitled to the salary provided in the State budget.

(c) A deputy clerk shall perform the duties that the Tax Court assigns, including, in the absence of the clerk, a duty of the clerk.

(d) A deputy clerk may administer oaths in connection with any proceeding in the Tax Court.
Md. Code, Labor and Employment § 3-714 — MD Code / Article gle / Title 3 / Subtitle 7 / Section 3-714
§3–714.
Status: in_force

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

(2) “Eligible veteran” means a veteran, as defined in § 9–901 of the State Government Article, who has received an honorable discharge or a certificate of satisfactory completion of service, including:

(i) a reserve component;

(ii) the Commissioned Corps of the Public Health Service; and

(iii) the Commissioned Corps of the National Oceanic and Atmospheric Administration.

(3) “Employer” includes a county or municipal corporation.

(b) Subject to subsection (d) of this section, an employer may grant a preference in hiring and promotion to:

(1) an eligible veteran;

(2) the spouse of an eligible veteran who has a service–connected disability;

(3) the spouse of an eligible active service member; or

(4) the surviving spouse of a deceased eligible veteran.

(c) Granting a preference under subsection (b) of this section does not violate any State or local equal employment opportunity law.

(d) If an employer that is a county or municipal corporation chooses to grant a preference under subsection (b) of this section, the county or municipal corporation may adopt a local law that provides for the hiring and promotion preference before implementing the preference.
Md. Code, Courts and Judicial Proceedings § 3-403 — MD Code / Article gcj / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

(a) Except for the District Court, a court of record within its jurisdiction may declare rights, status, and other legal relations whether or not further relief is or could be claimed. An action or proceeding is not open to objection on the ground that a declaratory judgment or decree is prayed for.

(b) The enumeration in §§ 3–406, 3–407, 3–408, and 3–408.1 of this subtitle does not limit or restrict the exercise of the general powers conferred in subsection (a) of this section in any proceeding where declaratory relief is sought and in which a judgment or decree will terminate the controversy or remove an uncertainty.
Md. Code, Education § 3-204 — MD Code / Article ged / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

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

(b) This section does not prohibit the county board from meeting and deliberating in executive session, provided that any action of the board, together with the individual vote of each member, is contained in a public record.

(c) A nonvoting student member may not attend executive sessions of the county board.
Md. Code, Labor and Employment § 3-1608 — MD Code / Article gle / Title 3 / Subtitle 16 / Section 3-1608
§3–1608.
Status: in_force

(a) (1) A person aggrieved by a regulation adopted by or an order to pay wages issued by the Commissioner under this subtitle may file a complaint in circuit court within 60 days after the date of publication of the regulation or order to pay wages to have it modified or set aside.

(2) A copy of the complaint shall be served on the Commissioner.

(b) Unless the court specifically orders otherwise, the commencement of proceedings under this section may not operate as a stay of the regulation or order to pay wages.

(c) (1) The court shall determine whether a regulation or order to pay wages is in accordance with law.

(2) If a finding of fact is supported by substantial evidence, the finding is conclusive.
Md. Code, Estates and Trusts § 3-408 — MD Code / Article get / Title 3 / Subtitle 4 / Section 3-408
§3–408.
Status: in_force

(a) (1) An election to take an elective share under this subtitle:

(i) Shall be in writing and signed by the surviving spouse or other person entitled to make the election under § 3–405 of this subtitle; and

(ii) 1. Shall be filed in the court in which the personal representative of the decedent was appointed; or

2. If no personal representative of the decedent has been appointed, shall be filed in the court for the jurisdiction in which the venue would be proper under § 5–103 of this article.

(2) Notice of the filing of an election to take an elective share under paragraph (1) of this subsection may be delivered to:

(i) The trustee of each revocable trust of the decedent; or

(ii) The person responsible for filing the estate tax return, if different from the trustee.

(b) The election may be in the following form:

“I, A.B., surviving spouse of C. D., late of the County (City) of………… elect to

take my elective share of the decedent’s estate subject to election under § 3–403 of

the Estates and Trusts Article of the Annotated Code of Maryland.

……………………

(Signature)”.
Md. Code, Agriculture § 3-114 — MD Code / Article gag / Title 3 / Subtitle 1 / Section 3-114
§3–114.
Status: in_force

The State’s Attorney of the appropriate county shall prosecute any person accused of violating the provisions of this subtitle and shall defend in every appeal from an appraisement.
Md. Code, Business Occupations and Professions § 3-312 — MD Code / Article gbo / Title 3 / Subtitle 3 / Section 3-312
§3–312.
Status: in_force

(a) Subject to the provisions of this section, the Board shall commence proceedings under § 3-311 of this subtitle on a complaint made to the Board by a member of the Board or any other person.

(b) (1) A complaint shall:

(i) be in writing; and

(ii) state specifically the facts on which the complaint is based.

(2) If the complaint is made by any person other than a member of the Board, the complaint shall be made under oath by the person who submits the complaint.

(c) If the Board finds that a complaint alleges facts that are adequate grounds for action under § 3-311 of this subtitle, the Board shall act on the complaint as provided under § 3-313 of this subtitle. If the Board does not make that finding, it shall dismiss the complaint.
Md. Code, Commercial Law § 3-505 — MD Code / Article gcl / Title 3 / Subtitle 5 / Section 3-505
§3–505.
Status: in_force

(a) The following are admissible as evidence and create a presumption of dishonor and of any notice of dishonor stated:

(1) A document regular in form as provided in subsection (b) which purports to be a protest;

(2) A purported stamp or writing of the drawee, payor bank, or presenting bank on or accompanying the instrument stating that acceptance or payment has been refused unless reasons for the refusal are stated and the reasons are not consistent with dishonor;

(3) A book or record of the drawee, payor bank, or collecting bank, kept in the usual course of business which shows dishonor, even if there is no evidence of who made the entry.

(b) A protest is a certificate of dishonor made by a United States consul or vice consul, or a notary public or other person authorized to administer oaths by the law of the place where dishonor occurs. It may be made upon information satisfactory to that person. The protest must identify the instrument and certify either that presentment has been made or, if not made, the reason why it was not made, and that the instrument has been dishonored by nonacceptance or nonpayment. The protest may also certify that notice of dishonor has been given to some or all parties.
Md. Code, Environment § 3-404 — MD Code / Article gen / Title 3 / Subtitle 4 / Section 3-404
§3–404.
Status: in_force

If a political subdivision determines that there is a violation of this title or any sound level limit or noise control rule or regulation adopted under this title, the political subdivision, after notice to the alleged violator, may issue a corrective order.
Md. Code, Courts and Judicial Proceedings § 3-1401 — MD Code / Article gcj / Title 3 / Subtitle 14 / Section 3-1401
§3–1401.
Status: in_force

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

(b) “Injured person” means any person having a claim in tort for injury to person or property.

(c) “Joint tort-feasors” means two or more persons jointly or severally liable in tort for the same injury to person or property, whether or not judgment has been recovered against all or some of them.
Md. Code, Insurance § 3-115 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-115
§3–115.
Status: in_force

(a) The directors of a domestic mutual insurer periodically may apportion and pay or credit to its members dividends only out of that part of surplus funds that represents net realized savings and net realized earnings in excess of the surplus required by law to be maintained.

(b) A dividend that is otherwise proper may be payable out of the domestic mutual insurer’s net realized savings and net realized earnings even though the domestic mutual insurer’s total surplus is then less than its total contributed surplus.
Md. Code, Corporations and Associations § 3-106 — MD Code / Article gca / Title 3 / Subtitle 1 / Section 3-106
§3–106.
Status: in_force

(a) Notwithstanding the provisions of § 3-105 of this subtitle, the merger of a 90 percent or more owned subsidiary corporation with or into its parent corporation may be effected as provided in this section if:

(1) The charter of the successor is not amended in the merger other than to change its name, the name or other designation or the par value of any class or series of its stock, or the aggregate par value of its stock; and

(2) The contract rights of any stock of the successor issued in the merger in exchange for stock of the other corporation participating in the merger are identical to the contract rights of the stock for which the stock of the successor was exchanged.

(b) For the purposes of this section, a subsidiary is considered to be 90 percent or more owned if the parent corporation owns shares entitled to cast 90 percent or more of all the votes entitled to be cast of each group or class of shares entitled to vote as a group or class on the merger.

(c) (1) The board of directors of each Maryland corporation proposing to become a party to the merger shall adopt a resolution which approves the proposed merger on substantially the terms and conditions set forth or referred to in the resolution. The approval shall be by a majority vote of the entire board of directors. A meeting of the stockholders is not necessary.

(2) If a foreign corporation is a party to the articles, the transaction shall be advised, authorized, and approved by the corporation in the manner and by the vote required by its charter and the laws of the place where it is organized.

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

(2) A minority stockholder of the subsidiary has the right to demand and receive payment of the fair value of the minority stockholder’s stock as, and to the extent, provided in Subtitle 2 of this title relating to objecting stockholders.
Md. Code, Financial Institutions § 3-520 — MD Code / Article gfi / Title 3 / Subtitle 5 / Section 3-520
§3–520.
Status: in_force

(a) A transfer agent or a transferee of an asset held in the name of a trustee of a common trust fund may presume conclusively that the trustee has an absolute right to transfer or assign the asset.

(b) (1) A transfer agent or a transferee of an asset held in the name of a trustee of a common trust fund is not chargeable with any duty in relation to the fund, a participating account, or any beneficiary of a participating account.

(2) A transferee of an asset held in the name of a trustee of a common trust fund is not liable for the application of any purchase money paid to the trustee.
Md. Code, Public Safety § 3-506 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-506
§3–506.
Status: in_force

(a) On or before December 1, 2007, each law enforcement agency in the State shall adopt written policies relating to eyewitness identification that comply with the United States Department of Justice standards on obtaining accurate eyewitness identification.

(b) On or before January 1, 2016, each law enforcement agency in the State shall:

(1) adopt the Maryland Police Training and Standards Commission’s Eyewitness Identification Model Policy; or

(2) adopt and implement a written policy relating to identification procedures that complies with § 3–506.1 of this subtitle.
Md. Code, Labor and Employment § 3-401 — MD Code / Article gle / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: in_force

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

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

(c) “Federal Act” means the federal Fair Labor Standards Act of 1938.

(d) “Wage” means all compensation that is due to an employee for employment.
Md. Code, Financial Institutions § 3-501 — MD Code / Article gfi / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

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

(b) “Common trust fund” means a fund that a trust company maintains under this subtitle solely for the collective investment of money held by the trust company as fiduciary.

(c) “Fund plan” means a written plan for the establishment and administration of a common trust fund.

(d) “Trust company” includes a national banking association that has powers similar to those given to a trust company under the laws of this State.

(e) “Valuation date” means a date as of which a trust company determines the value of the assets in a common trust fund that it administers.
Md. Code, Real Property § 3-103 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

The proper jurisdiction for recording all deeds or other instruments referred to in §§ 3–101 and 3–102 is as follows:

(1) In the county where the land affected by the deed or instrument lies; or

(2) If the land lies in more than one county, in all of such counties.
Md. Code, Natural Resources § 3-908 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-908
§3–908.
Status: in_force

(a) In case any officer whose signature or a facsimile of whose signature appears on any bonds or coupons shall cease to be such officer before the delivery of such bonds, such signature or such facsimile shall nevertheless be valid and sufficient for all purposes the same as if he had remained in office until such delivery.

(b) Notwithstanding any other provisions of this subtitle or any recitals in any bonds issued hereunder, all such bonds shall be deemed to be negotiable instruments under the laws of this State.

(c) The bonds may be issued in coupon or in registered form or both, and provision may be made for the registration of any coupon bonds as to principal alone and also as to both principal and interest, for the reconversion into coupon bonds of any bonds registered as to both principal and interest, and for the interchange of coupon and registered bonds. Provision may also be made for the replacement of bonds which become mutilated or are stolen, lost or destroyed.

(d) The bonds shall be exempt from the provisions of §§ 19–205 and 19–206 of the Local Government Article and §§ 8–206 and 8–208 of the State Finance and Procurement Article, and the Authority may sell such bonds in such manner, either at public or at private sale, and for such price as it may determine.
Md. Code, Criminal Law § 3-315 — MD Code / Article gcr / Title 3 / Subtitle 3 / Section 3-315
§3–315.
Status: in_force

(a) A person may not engage in a continuing course of conduct which includes three or more acts that would constitute violations of § 3–303, § 3–304, or § 3–307 of this subtitle, or violations of § 3–305 or § 3–306 of this subtitle as the sections existed before October 1, 2017, over a period of 90 days or more, with a victim who is under the age of 14 years at any time during the course of conduct.

(b) (1) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.

(2) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence under § 3–602 of this title.

(c) In determining whether the required number of acts occurred in violation of this section, the trier of fact:

(1) must determine only that the required number of acts occurred; and

(2) need not determine which acts constitute the required number of acts.

(d) (1) A person may not be charged with a violation of § 3–303, § 3–304, or § 3–307 of this subtitle involving the same victim in the same proceeding as a violation of this section unless the other violation charged occurred outside the time period charged under this section.

(2) A person may not be charged with a violation of § 3–303, § 3–304, or § 3–307 of this subtitle involving the same victim unless the violation charged occurred outside the time period charged under this section.

(e) For purposes of prosecution under this section, violations of subsection (a) of this section that occur in separate periods of 90 days or more shall be considered separate violations.
Md. Code, Courts and Judicial Proceedings § 3-222 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-222
§3–222.
Status: in_force

(a) A party may apply to the arbitrators to modify or correct an award within 20 days after delivery of the award to the applicant.

(b) A written notice of an application to modify or correct the award shall be given to the opposing party, stating that he shall serve any objection to the application within ten days.

(c) The arbitrators may modify or correct an award:

(1) On the grounds stated in § 3-223(b)(1), (2), or (3) of this subtitle; or

(2) For the purpose of clarity.

(d) The arbitrators shall modify or correct an award consistent with the order of court, if a petition under § 3-223, § 3-224, or § 3-227 of this subtitle is pending.

(e) The modified or corrected award is subject to the provisions of §§ 3-223, 3-224, and 3-227 of this subtitle.
Md. Code, Correctional Services § 3-709 — MD Code / Article gcs / Title 3 / Subtitle 7 / Section 3-709
§3–709.
Status: in_force

(a) If an incarcerated individual violates the applicable rules of discipline, the Division may revoke a portion or all of the diminution credits awarded under §§ 3–704 (good conduct) and 3–707 (special projects) of this subtitle according to the nature and frequency of the violation.

(b) This section does not affect the diminution credits awarded under §§ 3–705 (work tasks) and 3–706 (education) of this subtitle.

(c) (1) The Division may restore diminution credits revoked under this section.

(2) The Commissioner shall adopt regulations governing the restoration of revoked diminution credits.
Md. Code, Courts and Judicial Proceedings § 3-1402 — MD Code / Article gcj / Title 3 / Subtitle 14 / Section 3-1402
§3–1402.
Status: in_force

(a) The right of contribution exists among joint tort-feasors.

(b) A joint tort-feasor is not entitled to a money judgment for contribution until the joint tort-feasor has by payment discharged the common liability or has paid more than a pro rata share of the common liability.

(c) A joint tort-feasor who enters into a settlement with the injured person is not entitled to recover contribution from another joint tort-feasor whose liability to the injured person is not extinguished by the settlement.
Md. Code, Health Occupations § 3-302 — MD Code / Article gho / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

(a) To qualify for a license, an applicant shall be an individual who:

(1) Submits to a criminal history records check in accordance with § 3–302.1 of this subtitle;

(2) Meets the requirements of this section; and

(3) Meets the examination requirements of this title.

(b) The applicant shall be of good moral character.

(c) Except as otherwise provided in this title, the applicant must:

(1) Be a graduate of a chiropractic program of study that was, at the time of the applicant’s graduation, accredited by the Council on Chiropractic Education, an equivalent entity recognized by the U.S. Department of Education or another entity that accredits programs offering instruction in chiropractic, or an equivalent foreign agency that accredits programs offering instruction in chiropractic; or

(2) (i) Be licensed in another state for at least 2 years; and

(ii) Be a graduate of a chiropractic program of study:

1. That has been accredited by the Council on Chiropractic Education, an equivalent entity recognized by the U.S. Department of Education or another entity that accredits programs offering instruction in chiropractic, or an equivalent foreign agency that accredits programs offering instruction in chiropractic within 4 years after the applicant graduated from that chiropractic program of study; and

2. That the Board determines had standards comparable to an accredited chiropractic program of study at the time the applicant graduated.

(d) An applicant shall be entitled to a license to practice chiropractic with the right to practice physical therapy if the applicant satisfies the requirements to practice chiropractic and any additional requirements established by the Board in regulations.
Md. Code, Courts and Judicial Proceedings § 3-1405 — MD Code / Article gcj / Title 3 / Subtitle 14 / Section 3-1405
§3–1405.
Status: in_force

A release by the injured person of one joint tort-feasor does not relieve the joint tort-feasor from liability to make contribution to another joint tort-feasor unless the release:

(1) Is given before the right of the other tort-feasor to secure a money judgment for contribution has accrued; and

(2) Provides for a reduction, to the extent of the pro rata share of the released tort-feasor, of the injured person’s damages recoverable against all other tort-feasors.
Md. Code, Corporations and Associations § 3-702 — MD Code / Article gca / Title 3 / Subtitle 7 / Section 3-702
§3–702.
Status: in_force

(a) (1) Holders of control shares of the corporation acquired in a control share acquisition have no voting rights with respect to the control shares except to the extent approved by the stockholders at a meeting held under § 3–704 of this subtitle by the affirmative vote of two–thirds of all the votes entitled to be cast on the matter, excluding all interested shares.

(2) A charter provision permitted by § 2–104(b)(5) of this article may not apply to the proportion of votes required by paragraph (1) of this subsection.

(b) This subtitle does not apply to the voting rights of shares of stock if the acquisition of the shares specifically, generally, or generally by types, as to specifically identified or unidentified existing or future stockholders or their affiliates or associates, has been approved or exempted by a provision contained in the charter or bylaws and adopted at any time before the acquisition of control shares.

(c) This subtitle does not apply to:

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

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

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

(4) A corporation registered under the Investment Company Act of 1940 as a closed end investment company unless its board of directors adopts a resolution to be subject to this subtitle on or after June 1, 2000.

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

(e) For the purposes of § 3-701 of this subtitle:

(1) Shares acquired within 90 days or shares acquired under a plan to make a control share acquisition are considered to have been acquired in the same acquisition; and

(2) A person may not be deemed to be entitled to exercise or direct the exercise of voting power with respect to shares held for the benefit of others if the person:

(i) Is acting in the ordinary course of business, in good faith and not for the purpose of circumventing the provisions of this section; and

(ii) Is not entitled to exercise or to direct the exercise of the voting power of the shares unless the person first seeks to obtain the instruction of another person.
Md. Code, Criminal Law § 3-805 — MD Code / Article gcr / Title 3 / Subtitle 8 / Section 3-805
§3–805.
Status: in_force

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

(2) “Electronic communication” means the act of transmitting any information, data, writing, image, or communication by the use of a computer or any other electronic means, including a communication that involves the use of e–mail, an instant messaging service, an Internet website, a social media application, a network call, a facsimile machine, or any other Internet–based communication tool.

(3) “Electronic conduct” means the use of a computer or a computer network to:

(i) build a fake social media profile;

(ii) pose as another, including a fictitious person in an electronic communication;

(iii) disseminate or encourage others to disseminate information concerning the sexual activity, as defined in § 3–809 of this subtitle, of a minor;

(iv) disseminate a real or doctored image of a minor;

(v) engage or encourage others to engage in the repeated, continuing, or sustained use of electronic communication to contact a minor;

(vi) make a statement to provoke a third party to stalk or harass a minor; or

(vii) subscribe a minor to a pornographic website.

(4) “Instant messaging service” means a computer service allowing two or more users to communicate with each other in real time.

(5) “Interactive computer service” means an information service, system, or access software provider that provides or enables computer access by multiple users to a computer server, including a system that provides access to the Internet and cellular phones.

(6) “Social media application” means any program, software, or website that allows a person to become a registered user for the purpose of establishing personal relationships with one or more other users through:

(i) direct or real–time communication; or

(ii) the creation of websites or profiles capable of being viewed by the public or other users.

(7) “Social media profile” means a website or profile created using a social media application.

(b) (1) A person may not maliciously engage in a course of conduct, through the use of electronic communication, that alarms or seriously annoys another:

(i) with the intent to harass, alarm, or annoy the other;

(ii) after receiving a reasonable warning or request to stop by or on behalf of the other; and

(iii) without a legal purpose.

(2) A person may not use an interactive computer service to maliciously engage in a course of conduct that inflicts serious emotional distress on a minor or places a minor in reasonable fear of death or serious bodily injury with the intent:

(i) to kill, injure, harass, or cause serious emotional distress to the minor; or

(ii) to place the minor in reasonable fear of death or serious bodily injury.

(3) A person may not maliciously engage in an electronic communication if:

(i) the electronic communication is part of a series of communications and has the effect of:

1. intimidating or harassing a minor; and

2. causing physical injury or serious emotional distress to a minor; and

(ii) the person engaging in the electronic communication intends to:

1. intimidate or harass the minor; and

2. cause physical injury or serious emotional distress to the minor.

(4) A person may not maliciously engage in a single significant act or course of conduct using an electronic communication if:

(i) the person’s conduct, when considered in its entirety, has the effect of:

1. intimidating or harassing a minor; and

2. causing physical injury or serious emotional distress to a minor;

(ii) the person intends to:

1. intimidate or harass the minor; and

2. cause physical injury or serious emotional distress to the minor; and

(iii) in the case of a single significant act, the communication:

1. is made after receiving a reasonable warning or request to stop;

2. is sent with a reasonable expectation that the recipient would share the communication with a third party; or

3. shocks the conscience.

(5) A person may not maliciously engage in electronic conduct if:

(i) the act of electronic conduct has the effect of:

1. intimidating or harassing a minor; and

2. causing physical injury or serious emotional distress to a minor; and

(ii) the person intends to:

1. intimidate or harass the minor; and

2. cause physical injury or serious emotional distress to the minor.

(6) A person may not violate this section with the intent to induce a minor to commit suicide.

(c) It is not a violation of this section for any of the following persons to provide information, facilities, or technical assistance to another who is authorized by federal or State law to intercept or provide electronic communication or to conduct surveillance of electronic communication, if a court order directs the person to provide the information, facilities, or technical assistance:

(1) a provider of electronic communication;

(2) an officer, employee, agent, landlord, or custodian of a provider of electronic communication; or

(3) a person specified in a court order directing the provision of information, facilities, or technical assistance to another who is authorized by federal or State law to intercept or provide electronic communication or to conduct surveillance of electronic communication.

(d) Subsection (b)(1) through (5) of this section does not apply to a peaceable activity:

(1) intended to express a political view or provide information to others; or

(2) conducted for a lawful purpose.

(e) (1) A person who violates subsection (b)(1), (2), (3), (4), or (5) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $10,000 or both.

(2) A person who violates subsection (b)(6) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
Md. Code, Courts and Judicial Proceedings § 3-1301 — MD Code / Article gcj / Title 3 / Subtitle 13 / Section 3-1301
§3–1301.
Status: in_force

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

(b) “Employee theft” means the theft of any merchandise from a mercantile establishment by an employee, agent, or contractor of the mercantile establishment.

(c) “Mercantile establishment” means any place where merchandise is displayed, held, or offered for sale, either at retail or wholesale.

(d) “Merchandise” means any goods, wares, commodity, money, or other personal property located on the premises of a mercantile establishment.

(e) “Merchant” means the owner or operator of a mercantile establishment.

(f) “Responsible person” means:

(1) Any individual, whether an adult or a minor, who commits or attempts to commit an act of shoplifting or employee theft; and

(2) The parents or legal guardians of an unemancipated minor who commits or attempts to commit an act of shoplifting or employee theft.

(g) “Shoplift” means any 1 or more of the following acts committed by a person without the consent of the merchant and with the purpose or intent of appropriating merchandise to that person’s own use without payment, obtaining merchandise at less than its stated sales price, or otherwise depriving a merchant of all or any part of the value or use of merchandise:

(1) Removing any merchandise from its immediate place of display or from any other place on the premises of the mercantile establishment;

(2) Obtaining or attempting to obtain possession of any merchandise by charging that merchandise to another person without the authority of that person or by charging that merchandise to a fictitious person;

(3) Concealing any merchandise;

(4) Substituting, altering, removing, or disfiguring any label or price tag;

(5) Transferring any merchandise from a container in which that merchandise is displayed or packaged to any other container; or

(6) Disarming any alarm tag attached to any merchandise.
Md. Code, Public Utilities § 3-203 — MD Code / Article gpu / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

Every final decision, order, or regulation of the Commission is prima facie correct and shall be affirmed unless clearly shown to be:

(1) unconstitutional;

(2) outside the statutory authority or jurisdiction of the Commission;

(3) made on unlawful procedure;

(4) arbitrary or capricious;

(5) affected by other error of law; or

(6) if the subject of review is an order entered in a contested proceeding after a hearing, unsupported by substantial evidence on the record considered as a whole.
Md. Code, Business Occupations and Professions § 3-206 — MD Code / Article gbo / Title 3 / Subtitle 2 / Section 3-206
§3–206.
Status: in_force

(a) To enforce this title, the Board:

(1) may conduct investigations and hold hearings on any matter covered by this title, at any time and place in the State; and

(2) subject to the State budget, may employ an investigative staff to:

(i) investigate a complaint; and

(ii) perform any other related duty, as assigned by the Board.

(b) To enforce this title, the Board may:

(1) administer oaths;

(2) examine witnesses; and

(3) receive evidence.

(c) (1) The Board may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with any investigation or hearing conducted under subsection (a) of this section.

(2) A subpoena shall be signed by 3 members of the Board.

(3) If a person fails to comply with a subpoena issued under this subsection, on petition of the Board, a circuit court may compel compliance with the subpoena.

(d) (1) The Board may sue in the name of the State to enforce any provision of this title by injunction.

(2) In seeking an injunction under this subsection, the Board is not required to:

(i) post bond; or

(ii) allege or prove either that:

1. an adequate remedy at law does not exist; or

2. substantial or irreparable damage would result from the continued violation of the provision.

(3) A member of the Board or its staff may not be held personally liable for any action taken under this subsection in good faith and with reasonable grounds.
Md. Code, Business Occupations and Professions § 3-414 — MD Code / Article gbo / Title 3 / Subtitle 4 / Section 3-414
§3–414.
Status: in_force

(a) Subject to the provisions of this section, the Board may reinstate:

(1) a permit that has been revoked; or

(2) before fulfillment of the conditions of the suspension, a permit that has been suspended.

(b) A permit may be reinstated under this section only if:

(1) the corporation, partnership, or limited liability company whose permit has been revoked or suspended submits a written request to the Board; and

(2) the corporation, partnership, or limited liability company pays to the Board a reinstatement fee set by the Board.

(c) The Board, by an affirmative vote of a majority of its members then serving, shall vote on the request for reinstatement or lifting of the suspension within 60 days of receipt of the written request.
Md. Code, Correctional Services § 3-101 — MD Code / Article gcs / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

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

(b) “Commissioner” means the Commissioner of Correction.

(c) “Division” means the Division of Correction.
Md. Code, Natural Resources § 3-129 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-129
§3–129.
Status: in_force

Any person who violates any provision of this subtitle or of any rule or regulation adopted by the Service is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for each violation. A separate offense exists for each day a violation occurs.
Md. Code, Criminal Law § 3-1001 — MD Code / Article gcr / Title 3 / Subtitle 10 / Section 3-1001
§3–1001.
Status: in_force

(a) This section applies to a threat made by oral or written communication or electronic communication, as defined in § 3–805(a) of this title.

(b) A person may not knowingly threaten to commit or threaten to cause to be committed a crime of violence, as defined in § 14–101 of this article, that would place five or more people at substantial risk of death or serious physical injury, as defined in § 3–201 of this title, if the threat were carried out.

(c) (1) A person who violates this section is guilty of the misdemeanor of making a threat of mass violence and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

(2) In addition to the penalties provided in paragraph (1) of this subsection, a court shall order a person convicted under this section to reimburse the appropriate unit of federal, State, or local government or other person for any expenses and losses incurred in responding to the unlawful threat unless the court states on the record the reasons why reimbursement would be inappropriate.

(d) A person who violates this section may be indicted, prosecuted, tried, and convicted in any county where:

(1) the threat was received;

(2) the threat was made; or

(3) the consequences of the threat occurred.
Md. Code, Courts and Judicial Proceedings § 3-904 — MD Code / Article gcj / Title 3 / Subtitle 9 / Section 3-904
§3–904.
Status: in_force

(a) (1) Except as provided in paragraphs (2) and (3) of this subsection, an action under this subtitle shall be for the benefit of the wife, husband, parent, and child of the deceased person.

(2) A parent may not be a beneficiary in a wrongful death action for the death of a child of the parent if:

(i) 1. The parent is convicted under §§ 3–303 through 3–308, § 3–323, § 3–601, or § 3–602 of the Criminal Law Article; or

2. The parent committed an act prohibited under §§ 3–303 through 3–308, § 3–323, § 3–601, or § 3–602 of the Criminal Law Article;

(ii) The other parent of the child is the victim of the crime or act described under item (i) of this paragraph; and

(iii) The other parent of the child is a child of the parent.

(3) (i) An action under this subtitle for the wrongful death of a child caused by the parent of the child allowed under the provisions of § 5–806 of this article may not be for the benefit of that parent of the deceased child.

(ii) An action under this subtitle for the wrongful death of a parent caused by a child of the parent allowed under the provisions of § 5–806 of this article may not be for the benefit of that child of the deceased parent.

(b) If there are no persons who qualify under subsection (a) of this section, an action shall be for the benefit of any person related to the deceased person by blood or marriage who was substantially dependent upon the deceased.

(c) (1) In an action under this subtitle, damages may be awarded to the beneficiaries proportioned to the injury resulting from the wrongful death.

(2) Subject to § 11–108(d)(2) of this article, the amount recovered shall be divided among the beneficiaries in shares directed by the verdict.

(d) The damages awarded under subsection (c) of this section are not limited or restricted by the “pecuniary loss” or “pecuniary benefit” rule but may include damages for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, marital care, parental care, filial care, attention, advice, counsel, training, guidance, or education where applicable for the death of:

(1) A spouse;

(2) A minor child;

(3) A parent of a minor child; or

(4) An unmarried child who is not a minor child if:

(i) The child is 21 years old or younger; or

(ii) A parent contributed 50 percent or more of the child’s support within the 12–month period immediately before the date of death of the child.

(e) For the death of a child, who is not described under subsection (d) of this section, or a parent of a child, who is not a minor child, the damages awarded under subsection (c) of this section are not limited or restricted by the “pecuniary loss” or “pecuniary benefit” rule but may include damages for mental anguish, emotional pain and suffering, loss of society, companionship, comfort, protection, care, attention, advice, counsel, training, education, or guidance where applicable.

(f) Only one action under this subtitle lies in respect to the death of a person.

(g) (1) Except as provided in paragraph (2) or (3) of this subsection, an action under this subtitle shall be filed within three years after the death of the injured person.

(2) (i) In this paragraph, “occupational disease” means a disease caused by exposure to any toxic substance in the person’s workplace and contracted by a person in the course of the person’s employment.

(ii) If an occupational disease was a cause of a person’s death, an action shall be filed:

1. Within 10 years of the time of death; or

2. Within 3 years of the date when the cause of death was discovered, whichever is the shorter.

(3) (i) This paragraph applies only to a wrongful death cause of action arising from conduct that would constitute a criminal homicide under State or federal law.

(ii) If knowledge of a cause of action or the identity of a person whose wrongful act contributed to a homicide is kept from a party by the conduct of an adverse party or an accessory or accomplice of an adverse party:

1. The cause of action shall be deemed to accrue at the time the party discovered or should have discovered by the exercise of ordinary diligence the homicide and the identity of the person who contributed to the homicide;

2. A presumption shall exist that the party should have discovered by the exercise of ordinary diligence the identity of the person who contributed to the homicide after:

A. A charging document is filed against the person alleged to have participated in the homicide; and

B. The charging document is unsealed and available to the public; and

3. An action under this subtitle shall be filed within 3 years after the date that the cause of action accrues.

(h) For the purposes of this section, a person born to parents who have not participated in a marriage ceremony with each other is considered to be the child of the mother. The person is considered to be the child of the father only if the father:

(1) Has been judicially determined to be the father in a proceeding brought under § 5–1010 of the Family Law Article or § 1–208 of the Estates and Trusts Article; or

(2) Prior to the death of the child:

(i) Has acknowledged himself, in writing, to be the father;

(ii) Has openly and notoriously recognized the person to be his child; or

(iii) Has subsequently married the mother and has acknowledged himself, orally or in writing, to be the father.
Md. Code, Commercial Law § 3-501 — MD Code / Article gcl / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

(a) “Presentment” means a demand made by or on behalf of a person entitled to enforce an instrument (i) to pay the instrument made to the drawee or a party obliged to pay the instrument or, in the case of a note or accepted draft payable at a bank, to the bank, or (ii) to accept a draft made to the drawee.

(b) The following rules are subject to Title 4, agreement of the parties, and clearing–house rules and the like:

(1) Presentment may be made at the place of payment of the instrument and must be made at the place of payment if the instrument is payable at a bank in the United States; may be made by any commercially reasonable means, including an oral, written, or electronic communication; is effective when the demand for payment or acceptance is received by the person to whom presentment is made; and is effective if made to any one of two or more makers, acceptors, drawees, or other payors.

(2) Upon demand of the person to whom presentment is made, the person making presentment must (i) exhibit the instrument, (ii) give reasonable identification and, if presentment is made on behalf of another person, reasonable evidence of authority to do so, and (iii) sign a receipt on the instrument for any payment made or surrender the instrument if full payment is made.

(3) Without dishonoring the instrument, the party to whom presentment is made may (i) return the instrument for lack of a necessary indorsement, or (ii) refuse payment or acceptance for failure of the presentment to comply with the terms of the instrument, an agreement of the parties, or other applicable law or rule.

(4) The party to whom presentment is made may treat presentment as occurring on the next business day after the day of presentment if the party to whom presentment is made has established a cutoff hour not earlier than 2 p.m. for the receipt and processing of instruments presented for payment or acceptance and presentment is made after the cutoff hour.
Md. Code, Courts and Judicial Proceedings § 3-305 — MD Code / Article gcj / Title 3 / Subtitle 3 / Section 3-305
§3–305.
Status: in_force

An attachment may be issued against any property or credit, matured or unmatured, which belong to a debtor.
Md. Code, Financial Institutions § 3-206 — MD Code / Article gfi / Title 3 / Subtitle 2 / Section 3-206
§3–206.
Status: in_force

(a) Except as otherwise provided in this article, a commercial bank has all of the general powers granted to Maryland corporations under the Maryland General Corporation Law.

(b) In addition to the powers set forth elsewhere in this article, a commercial bank may:

(1) Receive deposits of money on which interest may be paid;

(2) Buy and sell coin and bullion;

(3) Buy and sell foreign and domestic exchange;

(4) Subject to § 3-604 of this title, accept drafts drawn on it;

(5) Issue letters of credit that authorize the holder to draw drafts on it or on its correspondents payable at sight or at a time not exceeding 1 year;

(6) Issue its debt instruments for money that is borrowed or received on deposit or for investment;

(7) Lend money on personal security or on real or personal property;

(8) Subject to § 3-605 of this title, become owner and lessor of personal property;

(9) Subject to § 5-503 of this article, buy, hold, lease, and convey real property;

(10) Pledge collateral to secure deposits of:

(i) The federal government or its agencies; or

(ii) Any state or its political subdivisions;

(11) Pledge securities to secure the money of an estate administered under the federal bankruptcy laws;

(12) Without being deemed a branch of a depository institution affiliate, act in accordance with § 101(d) of the Riegle-Neal Interstate Banking and Branching Efficiency Act of 1994, as agent of any depository institution affiliate in:

(i) Receiving deposits;

(ii) Renewing time deposits;

(iii) Closing loans;

(iv) Servicing loans; or

(v) Receiving payments on loans and other obligations; and

(13) Exercise all of the powers usual in carrying on a banking business.
Md. Code, Business Occupations and Professions § 3-604 — MD Code / Article gbo / Title 3 / Subtitle 6 / Section 3-604
§3–604.
Status: in_force

(a) Subject to subsection (b) of this section and unless a person holds a permit issued by the Board, the person may not represent to the public, by the use of the titles “architects”, “licensed architects”, or “registered architects”, by the use of the term “architecture”, by description of services, methods, or procedures, or otherwise that the person holds a permit or otherwise is authorized to operate a business through which architecture is practiced in the State.

(b) Subsection (a) of this section does not apply to a licensed architect who operates the business as the sole practitioner.
Md. Code, Criminal Law § 3-214 — MD Code / Article gcr / Title 3 / Subtitle 2 / Section 3-214
§3–214.
Status: in_force

(a) A person may not knowingly and willfully contaminate, attempt to contaminate, or conspire to contaminate the water of a source or tributary of a water supply, including the waters of a well, spring, brook, lake, pond, stream, river, or reservoir by adding disease germs, bacteria, poison, or poisonous matter, if the water supply is used or is usable for drinking or domestic purposes.

(b) A person may not knowingly and willfully contaminate, attempt to contaminate, or conspire to contaminate any drink, food, food product, or food supply by adding disease germs, bacteria, poison, or poisonous matter.

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.
Md. Code, Public Safety § 3-201 — MD Code / Article gps / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

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

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

(c) “Department” means the Department of Public Safety and Correctional Services.

(d) (1) “Law enforcement agency” means a governmental police force, sheriff’s office, or security force or law enforcement organization of the State, a county, or a municipal corporation that by statute, ordinance, or common law is authorized to enforce the general criminal laws of the State.

(2) “Law enforcement agency” does not include members of the Maryland National Guard who:

(i) are under the control and jurisdiction of the Military Department;

(ii) are assigned to the military property designated as the Martin State Airport; and

(iii) are charged with exercising police powers in and for the Martin State Airport.

(e) “Motorcycle profiling” means the arbitrary use of the fact that an individual rides a motorcycle or wears motorcycle–related clothing or paraphernalia as a factor in deciding to stop, question, take enforcement action, arrest, or search the individual or vehicle.

(f) (1) “Police officer” means an individual who:

(i) is authorized to enforce the general criminal laws of the State; and

(ii) is a member of one of the following law enforcement agencies:

1. the Department of State Police;

2. the Police Department of Baltimore City;

3. the police department, bureau, or force of a county;

4. the police department, bureau, or force of a municipal corporation;

5. the Maryland Transit Administration police force;

6. the Maryland Transportation Authority Police;

7. the police forces of the University System of Maryland;

8. the police force of Morgan State University;

9. the office of the sheriff of a county;

10. the police forces of the Department of Natural Resources;

11. the police force of the Maryland Capitol Police of the Department of General Services;

12. the police force of a State, county, or municipal corporation if the special police officers are appointed under Subtitle 3 of this title;

13. the Housing Authority of Baltimore City Police Force;

14. the Baltimore City School Police Force;

15. the Crofton Police Department;

16. the Washington Suburban Sanitary Commission Police Force;

17. the Ocean Pines Police Department;

18. the police force of the Baltimore City Community College;

19. the police force of the Hagerstown Community College;

20. the Warrant Apprehension Unit of the Intelligence and Investigative Division in the Department;

21. the police force of the Anne Arundel Community College; or

22. the police department of the Johns Hopkins University established in accordance with Title 24, Subtitle 12 of the Education Article.

(2) “Police officer” includes:

(i) a member of the Field Enforcement Bureau of the Comptroller’s Office;

(ii) a member of the Field Enforcement Division of the Alcohol, Tobacco, and Cannabis Commission;

(iii) the State Fire Marshal or a deputy State fire marshal;

(iv) an investigator of the Intelligence and Investigative Division of the Department;

(v) a Montgomery County fire and explosive investigator as defined in § 2–208.1 of the Criminal Procedure Article;

(vi) an Anne Arundel County or City of Annapolis fire and explosive investigator as defined in § 2–208.2 of the Criminal Procedure Article;

(vii) a Prince George’s County fire and explosive investigator as defined in § 2–208.3 of the Criminal Procedure Article;

(viii) a Worcester County fire and explosive investigator as defined in § 2–208.4 of the Criminal Procedure Article;

(ix) a City of Hagerstown fire and explosive investigator as defined in § 2–208.5 of the Criminal Procedure Article; and

(x) a Howard County fire and explosive investigator as defined in § 2–208.6 of the Criminal Procedure Article.

(3) “Police officer” does not include:

(i) an individual who serves as a police officer only because the individual occupies another office or position;

(ii) a sheriff, the Secretary of State Police, a commissioner of police, a deputy or assistant commissioner of police, a chief of police, a deputy or assistant chief of police, or another individual with an equivalent title who is appointed or employed by a government to exercise equivalent supervisory authority; or

(iii) a member of the Maryland National Guard who:

1. is under the control and jurisdiction of the Military Department;

2. is assigned to the military property designated as the Martin State Airport; and

3. is charged with exercising police powers in and for the Martin State Airport.

(g) “SWAT team” means an agency–designated unit of law enforcement officers who are selected, trained, and equipped to work as a coordinated team to resolve critical incidents that are so hazardous, complex, or unusual that they may exceed the capabilities of first responders or investigative units.
Md. Code, Labor and Employment § 3-904 — MD Code / Article gle / Title 3 / Subtitle 9 / Section 3-904
§3–904.
Status: in_force

(a) An employer may not knowingly fail to properly classify an individual who performs work for remuneration paid by the employer.

(b) An employer has knowingly failed to properly classify an individual when:

(1) an employer–employee relationship exists as determined under § 3–903(c) of this subtitle; and

(2) the employer has knowingly failed to properly classify the individual as an employee.

(c) The Commissioner shall consider, as strong evidence that the employer did not knowingly fail to properly classify an individual, whether:

(1) before a complaint was filed against the employer or the Commissioner began an investigation of the employer, the employer:

(i) sought and obtained evidence that the individual:

1. is an exempt person; or

2. as an independent contractor:

A. withholds, reports, and remits payroll taxes on behalf of all individuals working for the independent contractor;

B. pays unemployment insurance taxes for all individuals working for the independent contractor; and

C. maintains workers’ compensation insurance; and

(ii) provided to the exempt person or independent contractor a written notice as required by § 3–914 of this subtitle; or

(2) the employer:

(i) 1. classifies all workers who perform the same or substantially the same tasks for the employer as independent contractors; and

2. reports the income of the workers to the Internal Revenue Service as required by federal law; and

(ii) has received a determination from the Internal Revenue Service that the individual or a worker who performs the same or substantially the same task as the individual is an independent contractor.

(d) The Commissioner shall adopt regulations to provide guidance as to what constitutes the evidence relevant to the determination of whether an employer knowingly failed to properly classify an employee.
Md. Code, Financial Institutions § 3-708 — MD Code / Article gfi / Title 3 / Subtitle 7 / Section 3-708
§3–708.
Status: in_force

(a) The agreement shall be submitted to the stockholders of each constituent bank for approval by them at a meeting called for that purpose.

(b) (1) In addition to any other required notice, the directors of each constituent bank shall give 2 weeks’ public notice of the meeting of stockholders.

(2) The public notice shall be published once in at least one newspaper published in the county where the constituent bank has its principal banking office.

(3) Each notice of the meeting of stockholders shall state that objecting stockholders will be entitled to payment of the fair value of only those shares of stock that are voted against approval of the agreement.

(c) The agreement shall be approved by the stockholders of each constituent bank by the affirmative vote of two thirds of all the votes entitled to be cast on the matter.
Md. Code, Environment § 3-403 — MD Code / Article gen / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

(a) A political subdivision may enforce the sound level limits and noise control rules and regulations adopted under this title.

(b) A political subdivision that enforces a noise control standard adopted under this title or an ordinance concerning noise may:

(1) Investigate a complaint concerning noise;

(2) Institute and conduct a survey and testing program concerning noise;

(3) Test or make another determination of the source of a noise; and

(4) Assess the degree of required abatement of the noise.

(c) Each sound level limit shall be applied at the boundary of:

(1) A property; or

(2) A land use category, as determined by the responsible political subdivision.
Md. Code, Corporations and Associations § 3-204 — MD Code / Article gca / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

A stockholder who demands payment for his stock under this subtitle:

(1) Has no right to receive any dividends or distributions payable to holders of record of that stock on a record date after the close of business on the day as at which fair value is to be determined under § 3-202 of this subtitle; and

(2) Ceases to have any rights of a stockholder with respect to that stock, except the right to receive payment of its fair value.
Md. Code, Courts and Judicial Proceedings § 3-805 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-805
§3–805.
Status: reserved

(a) (1) A petition alleging that a child is a CINA shall be filed in the county where:

(i) The child is residing when the petition is filed; or

(ii) The act on which the petition is based allegedly occurred.

(2) A voluntary placement petition shall be filed in the county where:

(i) The parent or legal guardian resides;

(ii) The former CINA’s commitment to the local department was rescinded; or

(iii) The former CINA receives voluntary placement services.

(b) (1) Whenever a petition is filed other than in the county where the child resides, the court, on its own motion or on motion of a party, may transfer the case at any time to any appropriate county, including a county where:

(i) Another case involving custody, visitation, or support of the child is pending;

(ii) The child resides;

(iii) A parent of the child resides; or

(iv) The court determines it is in the child’s best interests for further proceedings concerning the child to take place.

(2) (i) Before the court transfers a case to another court in the State, the court shall communicate with the juvenile judge of the other court or the judge’s designee.

(ii) The court shall advise the parties of the decision made to transfer the case and the basis for the decision.

(3) Before the court transfers a case to a court outside the State, the court shall communicate with the other court in accordance with the Maryland Uniform Child Custody Jurisdiction Act.

(4) (i) Within 15 days after the court orders a transfer, the clerk of the sending court shall forward to the receiving court every document on file with the sending court.

(ii) If a case is transferred to another court in this State, the receiving court shall treat the case as if it had been filed with that court initially and shall set hearing dates as close as practicable to those set forth in any pending orders issued by the sending court.

(c) If information about a child is alleged to be available in another jurisdiction in or outside of this State, the court, on its own motion or on motion of a party, may use the provisions of the Maryland Uniform Child Custody Jurisdiction Act to obtain that information.
Md. Code, Public Safety § 3-523 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-523
§3–523.
Status: in_force

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

(2) “Employee assistance program” means a work–based program offered to all police officers that provides access to voluntary and confidential services to address the mental health issues of a police officer stemming from personal and work–related concerns, including stress, financial issues, legal issues, family problems, office conflicts, and alcohol and substance abuse disorders.

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

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

(b) Each law enforcement agency shall provide access to an employee assistance program for all police officers whom the law enforcement agency employs.

(c) The employee assistance program required by this section shall provide police officers access to confidential mental health services, including:

(1) counseling services;

(2) crisis counseling;

(3) stress management counseling;

(4) resiliency sessions; and

(5) peer support services for police officers.

(d) (1) In addition to the requirements of § 3–516 of this subtitle and subject to paragraph (2) of this subsection, as part of the employee assistance program required by this section, before a police officer returns to full duty, a law enforcement agency shall provide:

(i) a voluntary mental health consultation and voluntary counseling services to the police officer if the police officer is involved in an incident involving an accident resulting in a fatality; and

(ii) a mandatory mental health consultation and voluntary counseling services to the police officer if the police officer is involved in an incident involving:

1. a serious injury to the police officer;

2. an officer–involved shooting; or

3. any use of force resulting in a fatality or serious injury.

(2) A mental health consultation and counseling service provided under paragraph (1) of this subsection shall be confidential.

(e) The employee assistance program required by this section shall include a component designed to protect the mental health of police officers during periods of public demonstrations and unrest.

(f) Each law enforcement agency shall develop a policy to provide access to the services required by this section at no cost to a police officer.
Md. Code, Public Safety § 3-302 — MD Code / Article gps / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

The Governor may appoint and deputize as a special police officer each individual that the Governor considers qualified for a commission.
Md. Code, Education § 3-1004 — MD Code / Article ged / Title 3 / Subtitle 10 / Section 3-1004
§3–1004.
Status: in_force

(a) (1) The county board shall elect a chair and vice chair of the county board from among the elected members of the county board.

(2) The term of the chair and vice chair appointed under this subsection shall be 2 years.

(b) The chair of the county board shall be responsible for:

(1) Leading public meetings of the county board;

(2) Making subcommittee appointments;

(3) Serving as the primary contact for communications between the county board and the County Superintendent;

(4) Administering the county board in accordance with bylaws adopted under subsection (d) of this section; and

(5) Signing contracts authorized and approved by a majority of the members of the county board.

(c) Subject to the provisions of § 4–403 of this article, the affirmative vote of the members of the county board for the passage of a motion by the county board shall be:

(1) Except as otherwise provided in item (2) of this subsection:

(i) Six members when the student member is voting; or

(ii) Five members when the student member is not voting; or

(2) When there are two or more vacancies on the county board:

(i) Five members when the student member is voting; or

(ii) Four members when the student member is not voting.

(d) (1) The county board shall adopt bylaws to govern its conduct as necessary and appropriate to carry out its purposes under this title.

(2) The county board shall review and update its bylaws at least once every 4 years.

(e) (1) At the beginning of each term, each Board member shall attend an orientation and be provided with training materials that clarify the role of a member.

(2) In accordance with a schedule determined by the county board in the bylaws adopted under subsection (d) of this section, each elected member shall complete professional development in the following topics during each year of the member’s term:

(i) Community engagement;

(ii) Ethics;

(iii) Legal issues in education;

(iv) Parliamentary procedure;

(v) Public education budgeting and financing;

(vi) Role and responsibilities of the county board; and

(vii) Any other topic determined relevant by the county board.

(3) Elected members are encouraged to attend professional conferences relating to their duties and responsibilities as a member of a board of education.

(4) (i) On or before December 1 each year, each elected member shall submit a professional development disclosure statement describing the professional development activities the member completed during that year.

(ii) On or before January 30 each year, the county board shall post the professional development disclosure statements of the members on its website.

(f) (1) Each year, the county board shall convene and each elected member shall attend a professional retreat to:

(i) Complete professional development or other training;

(ii) Set annual county board performance goals; and

(iii) Complete a county board self–evaluation, including identifying opportunities to improve the county board’s performance.

(2) Within 30 days of the last day of the professional retreat under paragraph (1) of this subsection, the county board shall post on its website the results of the county board’s self–evaluation and any identified opportunities for improvement.
Md. Code, Public Safety § 3-206 — MD Code / Article gps / Title 3 / Subtitle 2 / Section 3-206
§3–206.
Status: in_force

(a) (1) With the approval of the Governor, the Commission shall appoint an executive director.

(2) The executive director shall perform general administrative and training management functions.

(3) The executive director serves at the pleasure of the Commission.

(b) (1) The Commission shall appoint a deputy director and any other employees that the Commission considers necessary to perform general administrative and training management functions.

(2) The deputy director and other employees appointed under paragraph (1) of this subsection shall serve at the pleasure of the Commission.

(c) In accordance with the State budget, the Commission may set the compensation of:

(1) the executive director and the deputy director; and

(2) a Commission employee in a position that:

(i) is unique to the Commission;

(ii) requires specific skills or experience to perform the duties of the position; and

(iii) does not require the employee to perform functions that are comparable to functions performed in other units of the Executive Branch of State government.

(d) The Secretary of Budget and Management, in consultation with the Commission, shall determine the positions for which the Commission may set compensation under subsection (c) of this section.
Md. Code, Human Services § 3-202 — MD Code / Article ghu / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

(a) Administrative costs that a local department incurs in carrying out this subtitle and Subtitle 3 of this title shall be paid with State or federal funds as the Department prescribes.

(b) This section does not prohibit a county from appropriating additional funds for administrative costs of a local department.
Md. Code, Corporations and Associations § 3-412 — MD Code / Article gca / Title 3 / Subtitle 4 / Section 3-412
§3–412.
Status: in_force

(a) If a Maryland corporation is voluntarily dissolved and assets are available for distribution to stockholders, the directors or receiver may notify the stockholders to prove their interests within a specified time at least 60 days after the date of the notice. The notice shall be mailed to each stockholder at his address as it appears on the records of the corporation and published at least once a week for three successive weeks in a newspaper of general circulation published in the county in which the principal office of the corporation is located. The date of the notice is the later of the date of mailing or the date of first publication.

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

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

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

(2) The directors or receiver are released and discharged from all further liability in the matter on payment or delivery of all unclaimed assets to the abandoned property unit of the State Comptroller’s office.
Md. Code, Agriculture § 3-1002 — MD Code / Article gag / Title 3 / Subtitle 10 / Section 3-1002
§3–1002.
Status: in_force

Except as otherwise provided in federal law or regulation, this subtitle does not apply to antimicrobial use in:

(1) Cattle on a farm operation that sells fewer than 200 cattle per year;

(2) Dairy cattle on a farm operation with a herd size of fewer than 300 dairy cattle;

(3) Swine on a farm operation that sells fewer than 200 swine per year; or

(4) Poultry on a farm operation that sells fewer than 60,000 birds per year.
Md. Code, Health Occupations § 3-407 — MD Code / Article gho / Title 3 / Subtitle 4 / Section 3-407
§3–407.
Status: in_force

A licensed chiropractor may use a trade name in connection with the practice of chiropractic provided that:

(1) The use of the trade name is not deceptive or misleading;

(2) The advertisement in which the trade name appears includes the name of the licensed chiropractor or the name of the business entity providing the chiropractic services being advertised as long as the advertisement includes the name of a licensed chiropractor;

(3) The name of the licensed chiropractor providing chiropractic services appears on the billing invoices, stationery, and on any receipt given to a patient; and

(4) Treatment records are maintained that clearly identify the licensed chiropractor who has performed the chiropractic service for the patient.
Md. Code, Public Safety § 3-532 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-532
§3–532.
Status: in_force

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

(2) “Interested party” means a health care practitioner, as defined in § 19–144(3) of the Health – General Article, or another interested person who has sufficient information to inform a law enforcement agency of another individual’s health–related condition or circumstance that represents a safety concern of the individual.

(3) “Qualified request” means an oral or written request that includes credible information regarding a specific safety concern.

(4) “Wellness check” means an in–person visit by a law enforcement officer concerning the well–being of an individual.

(b) (1) Subject to subsection (c) of this section, if a law enforcement agency receives a qualified request from an interested party for a wellness check of an individual located in the law enforcement agency’s jurisdiction, the law enforcement agency shall conduct a wellness check of the individual without unreasonable delay.

(2) Subject to subsection (c) of this section, if a law enforcement agency receives a qualified request from an interested party for a wellness check of an individual who is not located in the law enforcement agency’s jurisdiction, the law enforcement agency shall submit a request to the relevant law enforcement agency in the State or another state to conduct a wellness check of the individual without unreasonable delay.

(c) If the interested party states in the qualified request that there is a concern for a life–threatening condition, then a fire, rescue, or emergency medical services entity shall conduct the wellness check simultaneously with the law enforcement agency.

(d) A law enforcement agency and, if applicable, a fire, rescue, or emergency medical services entity, that receives a qualified request under this section shall meet the requirements of this section regardless of where the interested party making the qualified request is located.
Md. Code, Estates and Trusts § 3-301 — MD Code / Article get / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

(a) A will may not be revoked by the subsequent birth, adoption, or legitimation of a child by the testator except under the circumstances referred to in § 4–105(3) of this article.

(b) A child described in subsection (a) of this section or issue, if any, of such child who does not survive the testator, is entitled to a share in the estate to be determined and paid in accordance with §§ 3–302 and 3–303 of this subtitle, if:

(1) The will contains a legacy for a child of the testator but makes no provision for a person who becomes a child of the testator subsequent to the execution of the will;

(2) The child was born, adopted, or legitimated after the execution of the will;

(3) The child, or the child’s issue, survive the testator; and

(4) The will does not expressly state that the child, or the child’s issue, should be omitted.
Md. Code, Labor and Employment § 3-1210 — MD Code / Article gle / Title 3 / Subtitle 12 / Section 3-1210
§3–1210.
Status: in_force

(a) This subtitle may not be construed to diminish the obligation of an employer to comply with a collective bargaining agreement or an employment benefit program or plan that provides greater family or medical leave rights to employees than the rights established under this subtitle.

(b) The rights established for employees under this subtitle may not be diminished by a collective bargaining agreement or an employment benefit program or plan.
Md. Code, Courts and Judicial Proceedings § 3-1303 — MD Code / Article gcj / Title 3 / Subtitle 13 / Section 3-1303
§3–1303.
Status: in_force

(a) (1) If a merchant elects to seek the damages available under § 3–1302 of this subtitle, the merchant shall cause an initial demand letter, prepared by a lawyer admitted to practice law in the State, to be:

(i) Hand delivered personally to the responsible person; or

(ii) Mailed to the responsible person at that person’s last known address by certified mail, return receipt requested.

(2) The initial demand letter shall:

(i) Identify the act of shoplifting or employee theft alleged to have been committed, including the date and time the act is alleged to have occurred;

(ii) Specify the basis on which the responsible person or, if applicable, the child of the responsible person has been accused of the act of shoplifting or employee theft;

(iii) Specify the amount of damages sought under § 3–1302(1) and (2) of this subtitle;

(iv) Request payment of the damages by cash, money order, certified check, or cashier’s check;

(v) Contain a conspicuous notice advising the responsible person that payment of the damages does not preclude the possibility of criminal prosecution, but that the payment would not be admissible in any criminal proceeding as an admission or evidence of guilt;

(vi) Specify the date by which the responsible person shall make the required payment to avoid civil action, which date shall be at least 15 days after the date of hand delivery or from the postmark date, as the case may be, of the initial demand letter; and

(vii) Specify that, if the responsible person disputes liability for the alleged act of shoplifting or employee theft:

1. The responsible person may refuse to pay the damages; and

2. If the responsible person prevails in a civil suit for damages arising from the alleged act of shoplifting or employee theft, the responsible person is entitled to an award of court costs and reasonable attorney’s fees.

(3) If applicable, the merchant shall cause a copy of any police report concerning the alleged act of shoplifting or employee theft to be attached to the initial demand letter.

(b) (1) If payment in full is not received by the merchant on or before the date specified in the initial demand letter, the merchant shall cause a second demand letter, prepared by a lawyer admitted to practice law in the State, to be mailed to the responsible person at that person’s last known address by certified mail, return receipt requested.

(2) The second demand letter shall:

(i) Contain the same information, request for payment, and notice that is required by subsection (a)(2)(i) through (vii) of this section for an initial demand letter;

(ii) Specify the date by which the responsible person shall make the required payment to avoid civil action, which date shall be at least 10 days from the postmark date of the second demand letter; and

(iii) Advise the responsible person that, if the required payment is not made in full on or before the date specified in the second demand letter, the responsible person will be subject to immediate institution of a civil suit for damages, court costs, and reasonable attorney’s fees.

(c) The merchant shall get a certificate of mailing from the U.S. Postal Service for each initial demand letter and second demand letter mailed to a responsible person under this section.
Md. Code, Natural Resources § 3-103.3 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-103.3
§3–103.
Status: in_force

§3–103.3.

(a) On or before October 31, 2021, the Board shall adopt a conflict of interest policy for members of the Board that includes:

(1) Standards for the disclosure of financial interests;

(2) Standards for Board member participation in contracts with the Service in accordance with this subtitle, including an attestation that the Board member has complied with the conflict of interest standards adopted by the Board;

(3) Standards for recusal from voting;

(4) A requirement that a Board member may not use the Board member’s position on the Board for personal gain when contracting with the Service; and

(5) A requirement that a Board member provide an attestation of any business relationship with the Service.

(b) The Board shall send a copy of the conflict of interest policy adopted under subsection (a) of this section to the Governor, the President of the Senate, and the Speaker of the House:

(1) After the policy is initially adopted; and

(2) Each time a substantive change is made to the policy.
Md. Code, Estates and Trusts § 3-111 — MD Code / Article get / Title 3 / Subtitle 1 / Section 3-111
§3–111.
Status: in_force

A surviving parent is not entitled under § 3-104 of this subtitle to a distribution of the net estate of a child of the parent if:

(1) (i) The parent is convicted under §§ 3-303 through 3-308, § 3-323, § 3-601, or § 3-602 of the Criminal Law Article; or

(ii) The parent committed any act prohibited under §§ 3-303 through 3-308, § 3-323, § 3-601, or § 3-602 of the Criminal Law Article;

(2) The other parent of the child is the victim of the crime or act described under item (1) of this section; and

(3) The other parent of the child is a child of the parent.
Md. Code, Public Safety § 3-504 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-504
§3–504.
Status: in_force

(a) In this section, “quota” means the mandating of a finite number of arrests made or citations issued that a law enforcement officer must meet in a specified time period.

(b) A law enforcement agency may not:

(1) establish a formal or informal quota for the law enforcement agency or law enforcement officers of the agency; or

(2) use the number of arrests made or citations issued by a law enforcement officer as the sole or primary criterion for promotion, demotion, dismissal, or transfer of the officer.

(c) This section does not preclude a law enforcement agency from:

(1) using quantitative data for arrests, citations, and other law enforcement activities as management tools or in evaluating performance;

(2) collecting, analyzing, and applying information concerning the number of arrests and citations in order to ensure that a particular law enforcement officer or group of law enforcement officers does not violate an applicable legal obligation; or

(3) assessing the proportion of the arrests made and citations issued by a law enforcement officer or group of law enforcement officers.
Md. Code, Education § 3-303 — MD Code / Article ged / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

(a) At its first meeting at the beginning of each calendar year, the county board shall elect a president and a vice president from among its members.

(b) (1) The president of the county board is entitled to receive $6,500 annually as compensation and the other members are entitled to receive $5,500 each annually as compensation.

(2) An elected member is entitled to health insurance benefits regularly provided to employees of the board of education under the same terms and conditions extended to other employees of the board of education.
Md. Code, Courts and Judicial Proceedings § 3-2C-02 — MD Code / Article gcj / Title 3 / Subtitle 2C / Section 3-2C-02
§3–2C–02.
Status: in_force

(a) (1) Except as provided in subsections (b) and (c) of this section, a claim shall be dismissed, without prejudice, if the claimant fails to file a certificate of a qualified expert with the court.

(2) A certificate of a qualified expert shall:

(i) Contain a statement from a qualified expert attesting that the licensed professional failed to meet an applicable standard of professional care;

(ii) Subject to the provisions of subsections (b) and (c) of this section, be filed within 90 days after the claim is filed; and

(iii) Be served on all other parties to the claim or the parties’ attorneys of record in accordance with the Maryland Rules.

(b) (1) Subject to paragraph (2) of this subsection, on written request made by the claimant within 30 days of the date the claim is served, the defendant shall produce documentary evidence that would be otherwise discoverable, if the documentary evidence is reasonably necessary in order to obtain a certificate of a qualified expert.

(2) (i) The defendant may move for a protective order to limit the disclosure of documentary evidence requested under this subsection to protect the defendant from annoyance, embarrassment, oppression, or undue burden or expense.

(ii) On motion by the defendant under this paragraph, the court:

1. Shall review the claimant’s request for documentary evidence; and

2. For good cause shown, may issue a protective order specifying the documentary evidence that the defendant is required to produce.

(3) The time for filing a certificate of a qualified expert shall begin on the date on which the defendant’s production of the documentary evidence under paragraph (1) or (2) of this subsection is completed.

(4) The defendant’s failure to produce the requested documentary evidence under paragraph (1) or (2) of this subsection shall constitute a waiver of the requirement that the claimant file a certificate of a qualified expert as to that defendant.

(c) (1) Upon written request by the claimant and a finding of good cause by the court, the court may waive or modify the requirement for the filing of the certificate of a qualified expert.

(2) The time for filing the certificate of merit of a qualified expert shall be suspended until the court rules on the request and, absent an order to the contrary, the certificate shall be filed within 90 days of the court’s ruling.

(d) Discovery by the defendant as to the basis of the certificate of a qualified expert shall be available.
Md. Code, Labor and Employment § 3-505 — MD Code / Article gle / Title 3 / Subtitle 5 / Section 3-505
§3–505.
Status: in_force

(a) Except as provided in subsection (b) of this section, each employer shall pay an employee or the authorized representative of an employee all wages due for work that the employee performed before the termination of employment, on or before the day on which the employee would have been paid the wages if the employment had not been terminated.

(b) An employer is not required to pay accrued leave to an employee if:

(1) the employer has a written policy that limits the compensation of accrued leave to employees;

(2) the employer notified the employee of the employer’s leave benefits in accordance with § 3–504(a)(1) of this subtitle; and

(3) the employee is not entitled to payment for accrued leave at termination under the terms of the employer’s written policy.
Md. Code, Labor and Employment § 3-425 — MD Code / Article gle / Title 3 / Subtitle 4 / Section 3-425
§3–425.
Status: in_force

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

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

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

(3) require each employer:

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

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

(b) Each record or statement that the Commissioner or an authorized representative of the Commissioner obtains under subsection (a) of this section is confidential and may be shown only to the Commissioner, a court, or a member of the Committee.
Md. Code, Labor and Employment § 3-604 — MD Code / Article gle / Title 3 / Subtitle 6 / Section 3-604
§3–604.
Status: in_force

Each principal shall pay to a sales representative all commissions that are due under a contract that is terminated, within 45 days after payment would have been due if the contract had not terminated.
Md. Code, Economic Development § 3-602 — MD Code / Article gec / Title 3 / Subtitle 6 / Section 3-602
§3–602.
Status: in_force

(a) There is an Office of Telework Assistance within the Department.

(b) The Office shall:

(1) establish best practices for telework policies;

(2) consult with the business community and other governmental agencies, including the Department of Budget and Management and the Department of Information Technology, as the Office determines is necessary in establishing the best practices;

(3) post the best practices established by the Office on the Department’s website in a publicly accessible location;

(4) on or before October 1, 2021, and each October 1 thereafter, adopt guidelines on the best practices established by the Office under this subtitle; and

(5) assist private sector business entities in implementing telework policies for their employees.
Md. Code, Commercial Law § 3-306 — MD Code / Article gcl / Title 3 / Subtitle 3 / Section 3-306
§3–306.
Status: in_force

A person taking an instrument, other than a person having rights of a holder in due course, is subject to a claim of a property or possessory right in the instrument or its proceeds, including a claim to rescind a negotiation and to recover the instrument or its proceeds. A person having rights of a holder in due course takes free of the claim to the instrument.
Md. Code, Criminal Law § 3-301.1 — MD Code / Article gcr / Title 3 / Subtitle 3 / Section 3-301.1
§3–301.
Status: in_force

§3–301.1.

(a) In this subtitle, “consent” means the clear and voluntary agreement by an individual to engage in vaginal intercourse, a sexual act, or sexual contact.

(b) In this subtitle:

(1) the existence of consent, lack of consent, or withdrawal of consent shall be determined based on a totality of the circumstances, including the words and conduct of the victim and the defendant;

(2) consent may be withdrawn before or during vaginal intercourse, a sexual act, or sexual contact;

(3) the lack of consent may be communicated through words or conduct;

(4) a current or previous dating, social, or sexual relationship by itself does not constitute consent;

(5) submission as a result of fear, threat, or coercion does not constitute consent if the individual alleged to have performed the act in violation of this subtitle knows or reasonably should know that the victim would submit as a result of fear, threat, or coercion; and

(6) the manner of dress of an individual does not constitute consent.

(c) This section may not be construed to require documentation of consent.
Md. Code, Health Occupations § 3-502 — MD Code / Article gho / Title 3 / Subtitle 5 / Section 3-502
§3–502.
Status: in_force

(a) Unless authorized to practice chiropractic under this title, a person may not represent to the public by title, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice chiropractic in this State.

(b) Unless authorized to practice under this title, a person may not use the title “chiropractor”, or “D.C.”, or any other term or title with the intent to represent that the person practices chiropractic.
Md. Code, Insurance § 3-211 — MD Code / Article gin / Title 3 / Subtitle 2 / Section 3-211
§3–211.
Status: in_force

(a) The Commissioner shall determine the financial condition of a reciprocal insurer in accordance with this section.

(b) (1) The surplus deposits of subscribers shall be allowed as assets, except that any premium deposits that are delinquent for 90 days or more shall be charged first against the surplus deposits.

(2) Premium deposits that are delinquent for less than 90 days shall be allowed as assets.

(3) An assessment levied on subscribers, but not collected, may not be allowed as an asset.

(4) The contingent liability of subscribers may not be allowed as an asset.

(c) (1) The Commissioner shall charge as liabilities the same reserves as are required of incorporated insurers that issue nonassessable policies on a reserve basis.

(2) The surplus deposits of subscribers may not be charged as a liability.

(d) The computation of reserves shall be based on premium deposits other than membership fees.

(e) At any time, the Commissioner may require the attorney in fact of a reciprocal insurer to submit an affidavit that shows the amount of annual savings, not already credited to subscribers, that are due but not paid.