Md. Code, Corporations and Associations § 1-506 — MD Code / Article gca / Title 1 / Subtitle 5 / Section 1-506
§1–506.
Status: in_force

(a) A foreign entity may register its entity name or its entity name with any changes required by § 1-502 or § 1-503 of this subtitle, if the name is distinguishable upon the records of the Department as provided in § 1-504 of this subtitle.

(b) A foreign entity shall register its entity name by delivering to the Department for filing an application setting forth its entity name, or its entity name with any changes required by § 1-502 or § 1-503 of this subtitle, the state or country and date of its organization, and a brief description of the nature of the business in which it is engaged.

(c) The name is registered for the applicant’s exclusive use upon the effective date of the application.

(d) (1) A foreign corporation whose registration is effective may renew it for successive years by delivering to the Department for filing a renewal application, which complies with the requirements of subsection (b) of this section, between October 1 and December 31 of the preceding year.

(2) The renewal application when filed renews the registration for the following calendar year.
Md. Code, Health Occupations § 1-203 — MD Code / Article gho / Title 1 / Subtitle 2 / Section 1-203
§1–203.
Status: in_force

§1–203. IN EFFECT

(a) Except as provided in subsection (c) of this section, the power of the Secretary over plans, proposals, and projects of units in the Department does not include the power to disapprove or modify any decision or determination that a board or commission established under this article makes under authority specifically delegated by law to the board or commission.

(b) (1) (i) In this subsection, “infrastructure operations” means the administrative activities of a board or commission established under this article, including tools and resources for the use and support of deliberative actions.

(ii) “Infrastructure operations” does not include:

1. Policy or regulatory decisions of the board or commission; or

2. Licensing, investigation, or disciplinary activities.

(2) Except as provided in paragraph (3) of this subsection, the power of the Secretary to transfer staff or functions of units in the Department does not apply to any staff of a board or commission, established under this article, or to any functions that pertain to licensing, disciplinary, or enforcement authority, or to any other authority specifically delegated by law to a board or commission.

(3) The Secretary has authority over the infrastructure operations of the State Board of Nursing established under Title 8 of this article.

(c) (1) Notwithstanding §§ 8–205(b)(5) and 8–205.1 of the State Government Article and except as provided in subsection (d) of this section, the Secretary and the Office of Administrative Hearings, in consultation with stakeholders and other interested parties, shall adopt regulations for the supervision of each board or commission that is composed in whole or in part of individuals participating in the occupation or profession regulated by the board or commission, including the review by the Office of Administrative Hearings described under this subsection, in order to:

(i) Prevent unreasonable anticompetitive actions by the board or commission; and

(ii) Determine whether the actions of the board or commission further a clearly articulated State policy to displace competition in the regulated market.

(2) In accordance with regulations adopted under this subsection, the Office of Administrative Hearings:

(i) Shall review a decision or action of a board or commission that is referred to the Office in order to determine whether the decision or action furthers a clearly articulated State policy to displace competition in the regulated market;

(ii) May not approve a decision or action of a board or commission that does not further a clearly articulated State policy to displace competition in the regulated market; and

(iii) In conjunction with the Office of the Attorney General, shall establish a process:

1. By which the Office of Administrative Hearings reviews decisions or actions of a board or commission;

2. That is independent of the process by which the Office of Administrative Hearings hears adjudicated, contested cases; and

3. That includes:

A. The types of decisions or actions of a board or commission that may be referred to the Office of Administrative Hearings for review;

B. Qualifications and specialized training requirements for administrative law judges conducting reviews as required under this subsection;

C. Checks for identification and management of potential conflicts when the Office of Administrative Hearings conducts a contested case hearing in accordance with Title 10, Subtitle 2 of the State Government Article; and

D. Appropriate standards and guidelines for conducting reviews as required under this subsection.

(3) A board or commission may not implement a decision or a final action of the board or commission until after the Office of Administrative Hearings has conducted the review required under this subsection.

(4) The process specified under paragraph (2)(iii) of this subsection shall require the Office of Administrative Hearings to:

(i) Review the merits of the decision or action of a board or commission;

(ii) Assess whether the decision or action furthers a clearly articulated State policy to displace competition in the regulated market; and

(iii) Issue expeditiously a written decision approving, disapproving, or modifying the decision or action or remanding the decision or action back to the board or commission for further review.

(5) The decision or action implemented by a board or commission shall comply with the written decision of the Office of Administrative Hearings.

(6) The Office of Administrative Hearings may not authorize an administrative law judge to review the decision or action if the judge is appointed by, under the oversight of, or a member of a board or commission whose action is the subject of review.

(7) Each board or commission shall be responsible for the costs associated with the review by the Office of Administrative Hearings of decisions or actions of the respective board or commission.

(d) Subsection (c) of this section does not apply to:

(1) A decision or determination of a board or commission concerning ministerial acts;

(2) The internal operations of a board or commission;

(3) Investigations;

(4) Charges; and

(5) As it relates to an individual regulated by a board or commission:

(i) Consent orders; and

(ii) Letters of surrender.

§1–203. // EFFECTIVE JUNE 30, 2030 PER CHAPTER 416 OF 2025 //

(a) Except as provided in subsection (c) of this section, the power of the Secretary over plans, proposals, and projects of units in the Department does not include the power to disapprove or modify any decision or determination that a board or commission established under this article makes under authority specifically delegated by law to the board or commission.

(b) The power of the Secretary to transfer staff or functions of units in the Department does not apply to any staff of a board or commission, established under this article, or to any functions that pertain to licensing, disciplinary, or enforcement authority, or to any other authority specifically delegated by law to a board or commission.

(c) (1) Notwithstanding §§ 8–205(b)(5) and 8–205.1 of the State Government Article and except as provided in subsection (d) of this section, the Secretary and the Office of Administrative Hearings, in consultation with stakeholders and other interested parties, shall adopt regulations for the supervision of each board or commission that is composed in whole or in part of individuals participating in the occupation or profession regulated by the board or commission, including the review by the Office of Administrative Hearings described under this subsection, in order to:

(i) Prevent unreasonable anticompetitive actions by the board or commission; and

(ii) Determine whether the actions of the board or commission further a clearly articulated State policy to displace competition in the regulated market.

(2) In accordance with regulations adopted under this subsection, the Office of Administrative Hearings:

(i) Shall review a decision or action of a board or commission that is referred to the Office in order to determine whether the decision or action furthers a clearly articulated State policy to displace competition in the regulated market;

(ii) May not approve a decision or action of a board or commission that does not further a clearly articulated State policy to displace competition in the regulated market; and

(iii) In conjunction with the Office of the Attorney General, shall establish a process:

1. By which the Office of Administrative Hearings reviews decisions or actions of a board or commission;

2. That is independent of the process by which the Office of Administrative Hearings hears adjudicated, contested cases; and

3. That includes:

A. The types of decisions or actions of a board or commission that may be referred to the Office of Administrative Hearings for review;

B. Qualifications and specialized training requirements for administrative law judges conducting reviews as required under this subsection;

C. Checks for identification and management of potential conflicts when the Office of Administrative Hearings conducts a contested case hearing in accordance with Title 10, Subtitle 2 of the State Government Article; and

D. Appropriate standards and guidelines for conducting reviews as required under this subsection.

(3) A board or commission may not implement a decision or a final action of the board or commission until after the Office of Administrative Hearings has conducted the review required under this subsection.

(4) The process specified under paragraph (2)(iii) of this subsection shall require the Office of Administrative Hearings to:

(i) Review the merits of the decision or action of a board or commission;

(ii) Assess whether the decision or action furthers a clearly articulated State policy to displace competition in the regulated market; and

(iii) Issue expeditiously a written decision approving, disapproving, or modifying the decision or action or remanding the decision or action back to the board or commission for further review.

(5) The decision or action implemented by a board or commission shall comply with the written decision of the Office of Administrative Hearings.

(6) The Office of Administrative Hearings may not authorize an administrative law judge to review the decision or action if the judge is appointed by, under the oversight of, or a member of a board or commission whose action is the subject of review.

(7) Each board or commission shall be responsible for the costs associated with the review by the Office of Administrative Hearings of decisions or actions of the respective board or commission.

(d) Subsection (c) of this section does not apply to:

(1) A decision or determination of a board or commission concerning ministerial acts;

(2) The internal operations of a board or commission;

(3) Investigations;

(4) Charges; and

(5) As it relates to an individual regulated by a board or commission:

(i) Consent orders; and

(ii) Letters of surrender.
Md. Code, Health Occupations § 1-228 — MD Code / Article gho / Title 1 / Subtitle 2 / Section 1-228
§1–228.
Status: in_force

A health occupations board may not require as a condition for licensure, certification, or registration that an applicant:

(1) Provide proof that the applicant is lawfully present in the United States, as allowed under 8 U.S.C. § 1621; or

(2) Have a Social Security number or Individual Taxpayer Identification Number.
Md. Code, Local Government § 1-1001 — MD Code / Article glg / Title 1 / Subtitle 10 / Section 1-1001
§1–1001.
Status: in_force

(a) A county or municipality may establish a hospital or other facility for the care of the sick by:

(1) building or contracting for the use of a facility; or

(2) joining with another county or municipality to establish a joint facility.

(b) A county or municipality may recover the expenses incurred by a hospital or another facility in caring for a patient who is not indigent:

(1) from the patient, within 3 years after the patient is discharged from the facility; or

(2) from the estate of the patient, if the patient dies in the facility.
Md. Code, Alcoholic Beverages and Cannabis § 1-306 — MD Code / Article gab / Title 1 / Subtitle 3 / Section 1-306
§1–306.
Status: in_force

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

(b) The Commission shall meet monthly at the times and places that the Commission determines.

(c) (1) The secretary of the Commission promptly shall send the Governor a certified copy of the minutes of each meeting of the Commission.

(2) The minutes shall include a copy of each regulation that is adopted.

(d) Each member of the Commission is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the budget of the Commission.

(e) (1) With the advice of the Commission, the Executive Director may employ staff in accordance with the State budget.

(2) The staff of the Commission is in the State Personnel Management System.
Md. Code, Insurance § 1-203.1 — MD Code / Article gin / Title 1 / Subtitle 2 / Section 1-203.1
§1–203.
Status: in_force

§1–203.1.

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

(2) (i) “Utility provider” means:

1. a public or private provider of electricity, gas, water, wastewater, solid waste collection, or similar service; or

2. a provider of communications services involving the transmission, conveyance, or routing of voice, data, audio, video, or any other information or signals, to a point, or between or among points, by or through an electronic, radio, satellite, cable, optical, microwave, or other medium or method in existence now or in the future, regardless of the protocol used for transmission.

(ii) “Utility provider” includes cable service, Internet access service, voice over Internet service, telephone or wireless telephone service, and other similar providers.

(3) “Waiver of customer liability” means an optional agreement:

(i) between a utility provider and a customer of the utility provider;

(ii) that is contained in:

1. the agreement under which the utility provider provides services to the customer; or

2. a separate agreement between the utility provider and the customer; and

(iii) under which the utility provider agrees, in return for a specified charge payable by the customer to the utility provider, to waive all or part of the customer’s liability to the utility provider for incurred charges during a defined period in the event of any of the following qualifying events or conditions involving the customer:

1. call to active service in the uniformed services;

2. involuntary unemployment;

3. death;

4. disability;

5. hospitalization;

6. marriage;

7. divorce;

8. evacuation;

9. displacement due to natural disaster or other cause;

10. qualification for family leave; or

11. any other similar event or condition.

(b) Notwithstanding any provision of this article to the contrary, a waiver of customer liability is not considered insurance for purposes of this article.
Md. Code, Alcoholic Beverages and Cannabis § 1-311 — MD Code / Article gab / Title 1 / Subtitle 3 / Section 1-311
§1–311.
Status: in_force

(a) The Executive Director shall adopt regulations to discharge the duties under:

(1) this article; and

(2) Titles 16, 16.5, 16.7, and 16.9 of the Business Regulation Article.

(b) The Executive Director may adopt regulations regarding:

(1) labeling and advertising similar to the regulations adopted by the Alcohol and Tobacco Tax and Trade Bureau of the United States Department of the Treasury;

(2) nature, form, and capacity of containers;

(3) credit sales;

(4) records to be kept by license holders and others engaged in the business;

(5) the amount of deposit on returnable beer containers that manufacturers and wholesalers of beer charge and collect; and

(6) any other subject the Executive Director considers necessary for the proper administration of the duties of the Executive Director under this article, Title 16, Title 16.5, Title 16.7, or Title 16.9 of the Business Regulation Article, or the provisions of the Tax – General Article relating to the alcoholic beverage tax or the tobacco tax.

(c) (1) Any violation of a regulation adopted by the Executive Director under this article, Title 16, Title 16.5, Title 16.7, or Title 16.9 of the Business Regulation Article, or the provisions of the Tax – General Article relating to the alcoholic beverage tax or the tobacco tax is grounds to revoke or suspend a license.

(2) The violator is subject to the penalties provided under § 6–402(a) of this article.
Md. Code, Health Occupations § 1A-310 — MD Code / Article gho / Title 1A / Subtitle 3 / Section 1A-310
§1A–310.
Status: in_force

(a) Except as provided in the Administrative Procedure Act, before the Board takes any action under § 1A-309 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, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.

(f) If, after a hearing, an individual is found in violation of § 1A-309 of this subtitle, the individual shall pay the costs of the hearing as specified in a regulation adopted by the Board.
Md. Code, Local Government § 1-1011 — MD Code / Article glg / Title 1 / Subtitle 10 / Section 1-1011
§1–1011.
Status: in_force

The board shall adopt rules to govern its operations.
Md. Code, Health Occupations § 1-608 — MD Code / Article gho / Title 1 / Subtitle 6 / Section 1-608
§1–608.
Status: in_force

The Secretary shall monitor the timeliness of complaint resolution for each health occupations board.
Md. Code, Insurance § 1-101 — MD Code / Article gin / Title 1 / Subtitle 1 / Section 1-101
§1–101.
Status: in_force

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

(a–1) “Active duty” has the meaning stated in § 9–901 of the State Government Article.

(b) “Administration” means the Maryland Insurance Administration.

(b–1) “Affordable Care Act” means the federal Patient Protection and Affordable Care Act, as amended by the federal Health Care and Education Reconciliation Act of 2010, and any regulations adopted or guidance issued under the Acts.

(c) “Alien insurer” means an insurer that is formed under the laws of a jurisdiction other than the United States or a state.

(d) (1) “Annuity” means an agreement to make periodic payments for which the making or continuance of all or some of a series of the payments, or the amount of a payment, depends on the continuance of a human life.

(2) “Annuity” includes:

(i) an additional benefit that operates to safeguard the contract from lapse or to provide a special surrender value, special benefit, or annuity in the event of the total and permanent disability of the holder; and

(ii) benefits that provide payment or reimbursement for long–term home health care or long–term care in a nursing home or other related institution.

(3) “Annuity” does not include life insurance.

(e) “Annuity contract” means a contract that provides for an annuity.

(f) “Appointment” means an agreement between an insurance producer and insurer under which the insurance producer, for compensation, may sell, solicit, or negotiate policies issued by the insurer.

(g) “Authorized insurer” means an insurer that holds a valid certificate of authority.

(h) “Burial insurance” includes any kind of agreement, certificate, policy, contract, bond, assurance guarantee, or other arrangement, by bylaw, regulation, or otherwise, in or by which the party that issues the certificate, policy, contract, bond, assurance guarantee, or other arrangement agrees to:

(1) provide for the burial of a named or designated deceased individual;

(2) save harmless anyone for all or part of the costs of the burial of a named or designated deceased individual; or

(3) pay all or part of the incidents of the burial of a named or designated deceased individual.

(i) (1) “Casualty insurance” means:

(i) insurance against legal, contractual, or assumed liability for death, injury, or disability of a human being, or for damage to property;

(ii) if issued as an incidental coverage with or supplemental to liability insurance and regardless of legal liability of the insured, insurance that provides medical, hospital, or surgical disability benefits to injured individuals and funeral and death benefits to dependents, beneficiaries, or personal representatives of individuals killed; or

(iii) unless disapproved by the Commissioner as contrary to law or public policy, insurance against any other kind of loss, damage, or liability that is properly a subject of insurance and not within any other kind of insurance described in this subsection.

(2) “Casualty insurance” includes motor vehicle physical damage insurance, burglary and theft insurance, glass insurance, workers’ compensation insurance, employer’s liability insurance, and boiler and machinery insurance.

(j) “Certificate of authority” means a certificate issued by the Commissioner to engage in the insurance business.

(k) “Commissioner” means the Maryland Insurance Commissioner.

(l) “County” means a county of the State or Baltimore City.

(m) “Domestic insurer” means an insurer that is formed under the laws of the State.

(m–1) (1) “First–class mail tracking method” means a mail tracking method that provides evidence of the date that a piece of first–class mail was accepted for mailing by the United States Postal Service.

(2) “First–class mail tracking method” includes:

(i) a certificate of mail; and

(ii) an electronic mail tracking system used by the United States Postal Service.

(3) “First–class mail tracking method” does not include a certificate of bulk mailing.

(n) (1) “Foreign insurer” means an insurer that is formed under the laws of a jurisdiction other than this State.

(2) Unless the context requires otherwise, “foreign insurer” includes an alien insurer.

(o) “Fund producer” means a licensed insurance producer, including a licensed independent insurance producer, that has been assigned an authorization code by the Maryland Automobile Insurance Fund.

(p) (1) “Health insurance” means insurance of human beings against:

(i) bodily injury, disablement, or death by accident or accidental means, or the expenses of bodily injury, disablement, or death by accident or accidental means;

(ii) disablement or expenses resulting from sickness or childbirth; and

(iii) expenses incurred in prevention of sickness or dental care.

(2) “Health insurance” includes:

(i) accident insurance;

(ii) disability insurance; and

(iii) each insurance appertaining to health insurance.

(3) “Health insurance” does not include workers’ compensation insurance.

(q) “Independent insurance producer” means an insurance producer:

(1) that is not owned or controlled by an insurer or group of insurers;

(2) the appointment of which does not prohibit the representation of more than one insurer or group of insurers; and

(3) the appointment of which provides that:

(i) at termination, the records of the insurance producer remain the property of the insurance producer; and

(ii) the insurance producer retains the use and control of all expirations incurred during the period when the appointment was in effect.

(r) “Industrial life insurance” means life insurance provided by an individual policy with the term “industrial” printed on the policy as part of the brief description required by § 16–213 of this article, and under which premiums are payable monthly or more frequently, if the face amount of the insurance provided by the policy does not exceed $1,000.

(s) Except as expressly provided otherwise in this article, “insurance” means a contract to indemnify or to pay or provide a specified or determinable amount or benefit on the occurrence of a determinable contingency.

(t) (1) “Insurance business” includes the transaction of:

(i) all matters pertaining to an insurance contract, either before or after it takes effect; and

(ii) all matters arising from an insurance contract or a claim under it.

(2) “Insurance business” does not include pooling by public entities for self–insurance of casualty, property, or health risks.

(u) (1) “Insurance producer” means a person that, for compensation, sells, solicits, or negotiates insurance contracts, including contracts for nonprofit health service plans, dental plan organizations, and health maintenance organizations, or the renewal or continuance of these insurance contracts for:

(i) persons issuing the insurance contracts; or

(ii) insureds or prospective insureds other than the insurance producer.

(2) “Insurance producer” does not include:

(i) an individual who performs clerical or similar office duties while employed by an insurance producer or insurer, including a clerical employee, other than a clerical employee of an insurer, who takes insurance information or receives premiums in the insurance producer’s office, if the employee’s compensation does not vary with the number of applications or amount of premiums;

(ii) a regular salaried officer or employee of an insurer who gives help to or for a licensed insurance producer, if the officer or employee is not paid a commission or other compensation that depends directly on the amount of business obtained; or

(iii) if not paid a commission, a person that obtains and forwards information for:

1. group insurance coverage;

2. enrolling individuals under group insurance coverage;

3. issuing certificates under group insurance coverage; or

4. otherwise assisting in administering group plans.

(v) “Insurer” includes each person engaged as indemnitor, surety, or contractor in the business of entering into insurance contracts.

(w) “Licensed insurance producer” means an insurance producer that has:

(1) obtained a license under Title 10, Subtitle 1 of this article; and

(2) in the case of an insurance producer that acts on behalf of an insurer other than the Maryland Automobile Insurance Fund, obtained an appointment under Title 10, Subtitle 1 of this article.

(x) (1) “Life insurance” means insurance for which the probabilities of the duration of human life or the rate of mortality are an element or condition of the insurance.

(2) “Life insurance” includes the granting of:

(i) endowment benefits;

(ii) additional benefits in the event of death by accident or accidental means;

(iii) additional disability benefits in the event of dismemberment or loss of sight;

(iv) additional disability benefits that operate to safeguard the contract from lapse or to provide a special surrender value, special benefit, or annuity in the event of total and permanent disability;

(v) benefits that provide payment or reimbursement for long–term home health care, or long–term care in a nursing home or other related institution;

(vi) burial insurance;

(vii) optional modes of settlement of proceeds of life insurance;

(viii) additional benefits for a second opinion for specified health conditions; and

(ix) additional benefits that provide a lump–sum benefit for a specified disease and that meet the requirements established by the Commissioner under § 15–109 of this article.

(3) “Life insurance” does not include workers’ compensation insurance.

(y) “Life insurer” means an insurer in life insurance.

(z) (1) “Marine insurance” includes:

(i) insurance against loss or damage in connection with any risk of navigation, transit, or transportation, including war risks, marine builder’s risks and personal property floater risks, to vessels, craft, aircraft, automobiles, trailers, or vehicles of any kind, as well as all goods, freight, cargoes, merchandise, effects, disbursements, profits, money, bullion, precious stones, securities, choses in action, evidences of debt, valuable papers, bottomry and respondentia interests, and all other kinds of property and interests:

1. on or under water, on land, or in the air;

2. while being assembled, packed, crated, baled, compressed, or similarly prepared for shipment or while awaiting shipment; or

3. during any delay, storage, transshipment, or incidental reshipment;

(ii) except as provided in paragraph (2) of this subsection, insurance against:

1. loss or damage to a person or property in connection with or as part of marine, inland marine, transit, or transportation insurance arising out of or in connection with the construction, repair, operation, maintenance, or use of the subject matter of the insurance; and

2. legal liability of the insured for loss of or damage to the person or property;

(iii) insurance against loss or damage to precious stones, jewels, jewelry, gold, silver and other precious metals, whether used in business or trade or otherwise or whether in course of transportation or otherwise;

(iv) except as provided in paragraph (2) of this subsection, insurance against loss or damage to bridges, tunnels, other instrumentalities of transportation and communication, auxiliary facilities and related equipment, piers, wharves, docks, slips, other aids to navigation and transportation, dry docks, and marine railways; and

(v) travel insurance, as defined in § 10–101 of this article.

(2) “Marine insurance” does not include:

(i) life insurance, surety bonds, or insurance against loss because of bodily injury to a person arising out of ownership, maintenance, or use of an automobile, unless a part of travel insurance, as defined in § 10–101 of this article; or

(ii) insurance against loss or damage to buildings that are instrumentalities of transportation and communication, their furniture and furnishings, and fixed contents and supplies stored in the buildings.

(aa) “Marine protection and indemnity insurance” means insurance against, or against legal liability of the insured for, loss, damage, or expense arising out of or incident to the ownership, operation, chartering, maintenance, use, repair, or construction of a vessel, craft, or instrumentality used in ocean or inland waterways, including legal liability of the insured for personal injury, illness, or death or for loss or damage to the property of another person.

(bb) “Mutual insurer” means an insurer that is incorporated without capital stock and the governing body of which is elected in accordance with this article.

(cc) “Negotiate” means to confer directly with or offer advice directly to a purchaser or prospective purchaser of a particular contract of insurance concerning any of the substantive benefits, terms, or conditions of the contract, provided that the person engaged in that act either sells insurance or obtains insurance from insurers for purchasers.

(dd) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity.

(ee) (1) “Policy” means the written instrument in which an insurance contract is set forth.

(2) “Policy” includes all clauses, endorsements, riders, and other papers attached to or made part of the insurance contract.

(ff) (1) “Premium” means consideration for insurance.

(2) “Premium” includes:

(i) except as provided in paragraph (3) of this subsection, an assessment; and

(ii) a membership fee, policy fee, survey fee, inspection fee, service fee, driving record report fee, accident history report fee, or other similar fee in consideration for an insurance contract.

(3) “Premium” does not include:

(i) an assessment as described in § 9–225 of this article; or

(ii) an assessment made under any State law that provides for insolvency protection or insurance availability.

(gg) (1) “Property insurance” means insurance on real or personal property on land, in water, or in the air or an interest in real or personal property against loss or damage from any hazard or cause and against loss that is consequential to the loss or damage.

(2) “Property insurance” includes fire insurance, flood insurance, extended coverage insurance, homeowners insurance, farm owners insurance, allied lines insurance, earthquake insurance, growing crops insurance, aircraft physical damage insurance, automobile physical damage insurance, glass insurance, livestock insurance, and animal insurance.

(3) “Property insurance” does not include insurance against legal liability for loss or damage to real or personal property.

(hh) “Reciprocal insurance” means insurance that arises from an exchange among subscribers of mutual agreements of indemnity and that is effected through an attorney in fact common to the subscribers.

(ii) “Reciprocal insurer” means an unincorporated aggregation of subscribers that operate individually and collectively through an attorney in fact to provide reciprocal insurance.

(jj) “Reinsurance” means a contract under which an insurer obtains insurance for itself from another insurer for all or part of an insurance risk.

(kk) “Sell” means to exchange a contract of insurance by any means, for money or its equivalent, on behalf of an insurer.

(ll) “Solicit” means to attempt to sell insurance or to ask or urge a person to apply for a particular kind of insurance from a particular insurer.

(mm) Except as otherwise expressly provided in this article, “state” means:

(1) a state, possession, territory, or commonwealth of the United States; or

(2) the District of Columbia.

(nn) “Stock insurer” means an insurer that is incorporated with capital that is divided into shares and owned by its stockholders.

(oo) “Surety insurance” includes:

(1) fidelity insurance, which is insurance that guarantees the fidelity of persons that hold positions of public or private trust;

(2) insurance that guarantees the performance of contracts other than insurance contracts;

(3) insurance that guarantees the execution of bonds, undertakings, and contracts of suretyship; and

(4) insurance that indemnifies banks, bankers, brokers, or financial corporations or associations against loss from any cause of bills of exchange, notes, bonds, securities, evidences of debt, deeds, mortgages, warehouse receipts, other valuable papers, documents, money, precious metals, articles made from precious metals, jewelry, watches, necklaces, bracelets, gems, and precious and semi–precious stones, including loss during transportation by messenger or in armored motor vehicles, but not against other risks of transportation or navigation, and insurance against loss or damage to a bank’s, banker’s, broker’s, or financial corporation’s or association’s premises or furniture, fixtures, equipment, safes, and vaults on the premises caused by burglary, robbery, theft, vandalism, or malicious mischief, or attempted burglary, robbery, theft, vandalism, or malicious mischief.

(pp) “Surplus lines insurance” means the full amount or kind of insurance needed to protect the interest of the insured that:

(1) cannot be obtained from an authorized insurer; or

(2) for the particular kind and class of insurance to provide coverage against liability of persons described in § 24–206(1) of this article, cannot be obtained from three or more authorized insurers that write that kind and class of insurance on a broad basis.

(qq) “Title insurance” means insurance of owners of property or other persons that have an interest in the property against loss by encumbrance, defective title, invalidity of title, or adverse claim to title.

(rr) “Unauthorized insurer” means an insurer that does not hold a certificate of authority.

(rr–1) “Uniformed services” has the meaning stated in § 9–901 of the State Government Article.

(ss) “Wet marine and transportation insurance” means the part of marine insurance that includes only:

(1) insurance of vessels, crafts, or hulls and interests in or related to them;

(2) insurance of marine builder’s risks or marine war risks;

(3) marine protection and indemnity insurance;

(4) insurance of freights and disbursements pertaining to a subject of insurance under this subsection; and

(5) insurance of personal property and interests in personal property, in connection with any risk of navigation, transit, or transportation:

(i) in the course of exportation from or importation into a country and in the course of transportation along a coast or on inland waters, including transportation by land, water, or air from point of origin to final destination;

(ii) while being prepared for and while awaiting shipment; and

(iii) during any delay, storage, transshipment, or incidental reshipment.

(tt) (1) “Wholesale life insurance” means life insurance that is:

(i) distributed on a mass merchandising basis;

(ii) administered by group methods provided, with or without evidence of insurability, by individual policies; and

(iii) made available to employees or members under a program, which also may provide coverage of dependents of the employees or members, sponsored by:

1. an employer or association of employers;

2. a union or association of unions;

3. an association of individuals who have the same occupation or profession;

4. an association of civil service employees;

5. a religious, charitable, recreational, educational, civic, or fraternal organization or association;

6. a school;

7. a sports team;

8. a volunteer fire department; or

9. a group approved by the Commissioner that has a common administrative capacity, is not organized primarily for the sale of insurance, and has sufficient numbers to allow for lower rates.

(2) “Wholesale life insurance” does not include a policy solely because the premium for the policy is paid by salary deduction, salary savings, payroll allotment, or similar arrangement.
Md. Code, Natural Resources § 1-201.2 — MD Code / Article gnr / Title 1 / Subtitle 2 / Section 1-201.2
§1–201.
Status: in_force

§1–201.2.

(a) There is a Natural Resources Police Force in the Department that serves as a public safety agency with statewide authority to enforce conservation, boating, and criminal laws.

(b) The responsibilities of the Natural Resources Police Force include:

(1) Providing maritime and rural search and rescue services;

(2) Providing public education in hunting, boating, and water safety;

(3) Providing primary law enforcement services for State parks, State forests, wildlife management areas, and public lands owned and managed by the Department; and

(4) Serving as the lead agency for maritime homeland security on State waterways.
Md. Code, Public Safety § 1-304.3 — MD Code / Article gps / Title 1 / Subtitle 3 / Section 1-304.3
§1–304.
Status: in_force

§1–304.3.

(a) Subject to subsections (b) and (c) of this section, in the event of a 9–1–1–accessible service outage lasting more than 30 minutes and affecting more than 600,000 user minutes, a provider of a 9–1–1–accessible service, other than a reseller, shall:

(1) as soon as practicable, notify any affected public safety answering point and the Maryland Joint Operations Center of the 9–1–1–accessible service outage occurring on the provider’s network;

(2) in advance of the next scheduled meeting of the Board, notify the Board of any 9–1–1–accessible service outage occurring on the provider’s network; and

(3) at the next scheduled meeting of the Board, submit to the Board a report detailing the 9–1–1–accessible service outage occurring on the provider’s network.

(b) A provider of a 9–1–1–accessible service shall calculate user minutes under this section in accordance with the applicable regulations of the Federal Communications Commission.

(c) The Board and the Maryland Joint Operations Center shall adopt procedures and implement safeguards to ensure that sensitive information submitted by a provider of a 9–1–1–accessible service under this section is maintained confidentially.
Md. Code, Public Safety § 1-501 — MD Code / Article gps / Title 1 / Subtitle 5 / Section 1-501
§1–501.
Status: in_force

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

(b) “Board” means the Statewide Interoperability Radio Control Board.

(c) “System” means the Statewide Public Safety Interoperability Radio System, also known as Maryland First (first responder interoperable radio system team), that provides interoperable radio communications to first responders in the State.

(d) “User” means a State, federal, county, or municipal agency that has established interoperability with the System and operates on the System as its primary means of daily radio communication.
Md. Code, Business Regulation § 1-301 — MD Code / Article gbr / Title 1 / Subtitle 3 / Section 1-301
§1–301.
Status: in_force

In this subtitle, “business record” includes:

(1) a book of account;

(2) a canceled check;

(3) a document;

(4) a letter;

(5) a payroll;

(6) a production report or other record that relates to equipment, personnel, or sales; and

(7) a voucher.
Md. Code, Criminal Procedure § 1-211 — MD Code / Article gcp / Title 1 / Subtitle 2 / Section 1-211
§1–211.
Status: in_force

(a) A law enforcement officer may not initiate a stop or a search of a person, a motor vehicle, or a vessel based solely on one or more of the following:

(1) the odor of burnt or unburnt cannabis;

(2) the possession or suspicion of possession of cannabis that does not exceed the personal use amount, as defined under § 5–601 of the Criminal Law Article; or

(3) the presence of cash or currency in proximity to cannabis without other indicia of an intent to distribute.

(b) If a law enforcement officer is investigating a person solely for driving or attempting to drive a motor vehicle or vessel while impaired by or under the influence of cannabis in violation of § 21–902 of the Transportation Article or § 8–738 of the Natural Resources Article, the law enforcement officer may not conduct a search of an area of a motor vehicle or vessel that is not:

(1) readily accessible to the driver or operator of the motor vehicle or vessel; or

(2) reasonably likely to contain evidence relevant to the condition of the driver or operator of the motor vehicle or vessel.

(c) Evidence discovered or obtained in violation of this section, including evidence discovered or obtained with consent, is not admissible in a trial, a hearing, or any other proceeding.
Md. Code, Local Government § 1-1413 — MD Code / Article glg / Title 1 / Subtitle 14 / Section 1-1413
§1–1413.
Status: in_force

(a) (1) After an unsuccessful attempt by the local government to collect outstanding liens at tax sale and subject to the approval of the water and sewer authority, governing body, or tax collector of the jurisdiction where the property is located, an authority may accept from a person with an interest in a parcel of water and sewer lien property, tax delinquent property, or tax sale property a deed or assignment conveying that person’s interest in the property instead of:

(i) the foreclosure or sale of the property for delinquent taxes, penalties, and interest, as defined by § 14–801(d) of the Tax – Property Article;

(ii) delinquent–specific taxes imposed by a local taxing jurisdiction; or

(iii) delinquent water and sewer liens imposed by a water and sewer authority.

(2) (i) After an unsuccessful attempt by the local government or water and sewer authority to collect outstanding liens that are delinquent and at the discretion of the governing body of the jurisdiction, the water and sewer authority, or the tax collector where the property is located, an authority may accept from the local government or water and sewer authority with an interest in a parcel of delinquent water and sewer lien property, tax delinquent property, or tax sale property its interest in the water and sewer liens or tax liens in the property.

(ii) The authority may:

1. collect on liens or taxes collected under subparagraph (i) of this paragraph and retain all payment of taxes, liens, penalties, or any interest on the liens or taxes; or

2. foreclose on, enter into a deed in lieu of foreclosure, or sell the property for the liens or taxes and retain all payment of taxes, penalties, or interest on the liens or taxes and the costs of selling the property and, if any other net proceeds remain from the sale, return any net proceeds to the tax collector for distribution on a pro rata basis to the appropriate taxing units and water and sewer authorities in a ratio equal to the delinquent taxes or water and sewer liens, penalties, and interest owed on the property.

(b) Conveyance of property by deed instead of foreclosure or transfer of a lien or tax on property under this section may not affect or impair any other lien against the property or any existing recorded or unrecorded interest in the property, including any:

(1) easement or right–of–way;

(2) future installment of a special assessment;

(3) lien recorded by the State;

(4) private deed restriction;

(5) security interest or mortgage;

(6) tax lien of another taxing jurisdiction that does not consent to a release of its lien; or

(7) water and sewer lien of a water and sewer authority that does not consent to a release of its lien.

(c) A tax lien or water and sewer lien against property held by or under the control of an authority may be released or abated at any time by:

(1) a local government with respect to a lien held by the local government;

(2) the governing body of any taxing jurisdiction other than the State, county, or municipality with respect to a lien held by the taxing jurisdiction;

(3) a public water or sewer authority with respect to a tax lien, water and sewer lien, or right to collect a tax held by the public water or sewer authority; or

(4) the Comptroller with respect to a State tax lien.
Md. Code, Local Government § 1-605 — MD Code / Article glg / Title 1 / Subtitle 6 / Section 1-605
§1–605.
Status: in_force

(a) A parks and recreation unit may:

(1) maintain a park or recreational facility; and

(2) conduct recreation and park activities.

(b) The parks and recreation unit may employ an administrative officer and other personnel as necessary and as authorized by the governing body of the county or municipality.

(c) The parks and recreation unit may organize volunteer groups or councils to aid in the implementation of the program.
Md. Code, Business Occupations and Professions § 1-208 — MD Code / Article gbo / Title 1 / Subtitle 2 / Section 1-208
§1–208.
Status: in_force

(a) If payment of the fee for the issuance or renewal of a license, issued by the Department or by a unit within the Department, is made by a check or other negotiable instrument that is dishonored, the license for which the fee was paid shall be suspended by operation of law. Except as provided in subsections (b) and (c) of this section, the suspension is effective beginning on the tenth business day after the day on which notice is sent in accordance with subsection (b) of this section until the date that payment of the fee, and any late charge provided for in this article, has been made.

(b) (1) When the Department or a unit within the Department receives notice that a check or other negotiable instrument, given by an applicant in payment of a license issuance or renewal fee, has been dishonored, it shall inform the applicant by regular mail sent to the applicant’s last known business address, that the license will be suspended by operation of law if within 10 business days from the date of the notice the applicant fails to make payment of the fee, and any late charge, or fails to present evidence to the Department or unit that the notice of dishonor was in error.

(2) An applicant shall be given a prompt opportunity to make payment of the fee, and any late charge, or to present evidence to the Department or unit that the notice of dishonor was in error.

(c) If a license is suspended under subsection (a) of this section, the license shall be reinstated effective the date that the license was suspended, if within 5 business days after the date of the suspension the applicant:

(1) pays the late fee and any late charge; or

(2) presents evidence to the Department or the unit that the notice of dishonor was in error.

(d) Suspension of a license under this section may not affect any otherwise valid claim under any guaranty fund made by a person who dealt in good faith with a licensee, without knowledge of the suspension.
Md. Code, Health Occupations § 1-225 — MD Code / Article gho / Title 1 / Subtitle 2 / Section 1-225
§1–225.
Status: in_force

(a) Subject to subsection (c) of this section, an applicant for the renewal of a license or certificate issued by a health occupations board under this article shall attest in the application that the applicant has completed an implicit bias and structural racism training program approved by the Cultural and Linguistic Health Care Professional Competency Program under § 20–1306 of the Health – General Article.

(b) Each health occupations board may adopt regulations that allow an applicant seeking license renewal to receive continuing education credits for completing an implicit bias and structural racism training program.

(c) The requirement under subsection (a) of this section that an applicant attest to the completion of an implicit bias and structural racism training program shall apply only to an applicant’s first license or certificate renewal after April 1, 2026.
Md. Code, Public Safety § 1-301 — MD Code / Article gps / Title 1 / Subtitle 3 / Section 1-301
§1–301.
Status: in_force

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

(b) “Board” means the Maryland 9–1–1 Board.

(c) “Commercial mobile radio service” or “CMRS” means mobile telecommunications service that is:

(1) provided for profit with the intent of receiving compensation or monetary gain;

(2) an interconnected, two–way voice service; and

(3) available to the public.

(d) “Commercial mobile radio service provider” or “CMRS provider” means a person authorized by the Federal Communications Commission to provide CMRS in the State.

(e) “County 9–1–1 fee” means the fee imposed by a county in accordance with § 1–311 of this subtitle.

(f) “County plan” means a plan for a 9–1–1 system or enhanced 9–1–1 system, or an amendment to the plan, developed by a county or several counties together under this subtitle.

(g) (1) “Customer” means:

(i) the person that contracts with a home service provider for CMRS; or

(ii) the end user of the CMRS if the end user of the CMRS is not the contracting party.

(2) “Customer” does not include:

(i) a reseller of CMRS; or

(ii) a serving carrier under an arrangement to serve the customer outside the home service provider’s licensed service area.

(h) “Enhanced 9–1–1 system” means a 9–1–1 system that provides:

(1) automatic number identification;

(2) automatic location identification; and

(3) any other technological advancements that the Board requires.

(i) “FCC order” means an order issued by the Federal Communications Commission under proceedings regarding the compatibility of enhanced 9–1–1 systems and delivery of wireless enhanced 9–1–1 service.

(j) (1) “First responder” means an employee of a State or local public safety agency that provides emergency response services.

(2) “First responder” includes:

(i) a firefighter;

(ii) a paramedic;

(iii) an emergency medical technician;

(iv) a rescue squad member;

(v) a sworn member of the Office of the State Fire Marshal;

(vi) a member of a volunteer fire or rescue company who is a covered employee under § 9–234 of the Labor and Employment Article;

(vii) an individual who is licensed or certified under § 13–516 of the Education Article; and

(viii) a 9–1–1 specialist.

(k) “Home service provider” means the facilities–based carrier or reseller that contracts with a customer to provide CMRS.

(l) “Next Generation 9–1–1 services” means an Internet Protocol (IP)–based system, comprised of hardware, software, data, and operational policies and procedures, that:

(1) provides standardized interfaces from emergency call and message services to support emergency communications;

(2) processes all types of requests for emergency services, including voice, text, data, and multimedia information;

(3) acquires and integrates additional emergency call data useful to routing and handling of requests for emergency services;

(4) delivers the emergency calls, messages, and data to the appropriate public safety answering point and other appropriate emergency entities;

(5) supports data or video communications needs for coordinated incident response and management; and

(6) provides broadband service to public safety answering points or other first responder entities.

(m) “9–1–1–accessible service” means telephone service or another communications service that connects an individual dialing the digits 9–1–1 to an established public safety answering point.

(n) (1) “9–1–1 service carrier” means a provider of CMRS or other 9–1–1–accessible service.

(2) “9–1–1 service carrier” does not include a telephone company.

(o) “9–1–1 specialist” means an employee of a county public safety answering point, or an employee working in a county public safety answering point, whose duties and responsibilities include:

(1) receiving and processing 9–1–1 requests for emergency services;

(2) other support functions directly related to 9–1–1 requests for emergency services; or

(3) dispatching law enforcement officers, fire rescue services, emergency medical services, and other public safety services to the scene of an emergency.

(p) (1) “9–1–1 system” means telephone service that:

(i) meets the planning guidelines established under this subtitle; and

(ii) automatically connects an individual dialing the digits 9–1–1 to an established public safety answering point.

(2) “9–1–1 system” includes:

(i) equipment for connecting and outswitching 9–1–1 calls within a telephone central office;

(ii) trunking facilities from a telephone central office to a public safety answering point; and

(iii) equipment to connect 9–1–1 calls to the appropriate public safety agency.

(q) “9–1–1 Trust Fund” means the fund established under § 1–308 of this subtitle.

(r) “Prepaid wireless E 9–1–1 fee” means the fee that is required to be collected by a seller from a consumer in the amount established under § 1–313 of this subtitle.

(s) “Prepaid wireless telecommunications service” means a commercial mobile radio service that:

(1) allows a consumer to dial 9–1–1 to access the 9–1–1 system;

(2) must be paid for in advance; and

(3) is sold in predetermined units that decline with use in a known amount.

(t) “Public safety agency” means:

(1) a functional division of a public agency that provides fire fighting, police, medical, or other emergency services; or

(2) a private entity that provides fire fighting, police, medical, or other emergency services on a voluntary basis.

(u) “Public safety answering point” means a communications facility that:

(1) is operated on a 24–hour basis;

(2) first receives 9–1–1 requests for emergency services in a 9–1–1 service area; and

(3) as appropriate:

(i) dispatches public safety services directly;

(ii) transmits incident data to appropriate public safety agencies within the State for the dispatch of public safety services; or

(iii) transfers 9–1–1 requests for emergency services or transmits incident data to:

1. an appropriate federal emergency communication center responsible for the delivery of public safety services on a federal campus or federal reservation; or

2. an appropriate public safety answering point located within or outside the State.

(v) “Secretary” means the Secretary of Emergency Management.

(w) “Seller” means a person that sells prepaid wireless telecommunications service to another person.

(x) “State 9–1–1 fee” means the fee imposed in accordance with § 1–310 of this subtitle.

(y) “Wireless enhanced 9–1–1 service” means enhanced 9–1–1 service under an FCC order.
Md. Code, Tax - General § 1-301 — MD Code / Article gtg / Title 1 / Subtitle 3 / Section 1-301
§1–301.
Status: in_force

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

(b) “Department” means the Department of Legislative Services.

(c) “Evaluation” means the process of legislative review of a tax credit, exemption, or preference for which this subtitle provides.
Md. Code, Tax - Property § 1-305 — MD Code / Article gtp / Title 1 / Subtitle 3 / Section 1-305
§1–305.
Status: in_force

Notwithstanding any other law of the State, the State or any of its units, political subdivisions, or special taxing districts may act as necessary to collect from the United States money that is available for reimbursement for taxes or other charges that have been lost because the United States or one of its units holds title to property in the State.
Md. Code, Local Government § 1-1414 — MD Code / Article glg / Title 1 / Subtitle 14 / Section 1-1414
§1–1414.
Status: in_force

(a) Except as provided in subsections (c) and (d) of this section, money received by an authority as payment of taxes, penalties, water and sewer liens, or interest, or from the redemption or sale of property subject to a tax lien of any taxing unit, shall be returned to the tax collector in the jurisdiction where the property is located for distribution on a pro rata basis to the appropriate taxing units in an amount equal to delinquent taxes, penalties, and interest owed on the property.

(b) Proceeds received by an authority may be retained by the authority for the purposes of this subtitle, unless otherwise designated by:

(1) an agreement of the authority;

(2) the provisions of a deed;

(3) this subtitle; or

(4) any other law.

(c) Money received by an authority as payment of water and sewer liens, taxes, penalties, or interest, or from the redemption or sale of property subject to a tax lien of any taxing unit may be retained by an authority under a written agreement with a local government or a law enacted by the legislative body of a local government.

(d) (1) To facilitate a transfer of real property to an authority, the governing body for the jurisdiction where the real property is located may release any liens for unpaid real property taxes or other charges and assessments imposed by the governing body to which the property would be otherwise subject, if:

(i) 1. the total amount of liens for unpaid real property taxes, charges, and assessments imposed with respect to the property exceeds the lesser of the total value of the land and any improvement on the land as last determined by the tax assessor of the governing body or as determined by an appraisal report prepared, not more than 6 months before the request for the release of the lien, by a real estate appraiser who is licensed under Title 16 of the Business Occupations and Professions Article; or

2. the tax collector for the local government has sold the real property at a tax sale under Title 14, Subtitle 8 of the Tax – Property Article, but the tax sale certificate has become void;

(ii) the code enforcement office, housing department, or equivalent department or agency of the local government of the jurisdiction where the tax lien is held certifies that the property:

1. is a vacant lot; or

2. has a building or structure that is:

A. vacant; and

B. unsafe or unfit for habitation; and

(iii) the authority finds that a transfer under this section is necessary:

1. to eliminate a blighting influence; and

2. to prevent the tax abandonment of a property.

(2) The release of a lien for real property taxes, charges, or assessments as authorized under paragraph (1) of this subsection does not abate the transferor’s liability for the remaining amount of the tax debt.

(3) The governing body of a jurisdiction may set additional standards and requirements for approval of the release of liens under this section.
Md. Code, Courts and Judicial Proceedings § 1-708 — MD Code / Article gcj / Title 1 / Subtitle 7 / Section 1-708
§1–708.
Status: in_force

(a) The salaries and pensions of the justices of the Supreme Court of Maryland and the judges of the Appellate Court of Maryland, the circuit courts of the counties, and the District Court shall be established as provided by this section, §§ 1–701 through 1–707 of this subtitle, and Title 27 of the State Personnel and Pensions Article.

(b) (1) There is a Judicial Compensation Commission. The Commission shall study and make recommendations with respect to all aspects of judicial compensation, to the end that the judicial compensation structure shall be adequate to assure that highly qualified persons will be attracted to the bench and will continue to serve there without unreasonable economic hardship.

(2) The Commission consists of seven members appointed by the Governor. No more than three members of the Commission may be individuals admitted to practice law in this State. In nominating and appointing members, special consideration shall be given to individuals who have knowledge of compensation practices and financial matters. The Governor shall appoint:

(i) Two members from a list of the names of at least five nominees submitted by the President of the Senate;

(ii) Two from a list of the names of at least five nominees submitted by the Speaker of the House of Delegates;

(iii) One from a list of the names of at least three nominees submitted by the Maryland State Bar Association, Inc.; and

(iv) Two at large.

(3) A member of the General Assembly, officer or employee of the State or a political subdivision of the State, or justice or judge or former justice or judge is not eligible for appointment to the Commission.

(4) The term of a member is 6 years, commencing July 1, 1980, and until the member’s successor is appointed. However, of the members first appointed to the Commission, the Governor shall designate one of the members nominated by the President of the Senate to serve for 3 years and one for 6 years; one of the members nominated by the Speaker to serve for 4 years and one for 5 years; the member nominated by the Maryland State Bar Association, Inc., to serve for 3 years; and one of the members at large to serve for 2 years, and one for 6 years. A member is eligible for reappointment.

(5) Members of the Commission serve without compensation, but shall be reimbursed for reasonable expenses incurred in carrying out their responsibilities under this section.

(6) The members of the Commission shall elect a member as chairman of the Commission.

(7) The concurrence of at least five members is required for any formal Commission action.

(8) The Commission may request and receive assistance and information from any unit of State government.

(c) On or after September 1, 2011, September 1, 2013, and every 4 years thereafter, the Commission shall review the salaries and pensions of the justices and judges of the courts listed in subsection (a) of this section and make written recommendations to the Governor and General Assembly on or before the next ensuing regular session of the General Assembly. The Governor shall include in the budget for the next ensuing fiscal year the funding necessary to implement those recommendations, contingent on action by the General Assembly under subsections (d) and (e) of this section.

(d) (1) The salary recommendations made by the Commission shall be introduced as a joint resolution in each House of the General Assembly not later than the fifteenth day of the session. The General Assembly may amend the joint resolution to decrease any of the Commission salary recommendations, but no reduction may diminish the salary of a justice or judge during his continuance in office. The General Assembly may not amend the joint resolution to increase the recommended salaries. If the General Assembly fails to adopt or amend the joint resolution within 50 days after its introduction, the salaries recommended by the Commission shall apply. If the joint resolution is adopted or amended in accordance with this section within 50 days after its introduction, the salaries so provided shall apply. If the General Assembly rejects any or all of the Commission’s salary recommendations, the salaries of the justices and judges affected remain unchanged, unless modified under other provisions of law.

(2) The Governor or the General Assembly may not increase the recommended salaries, except as provided under § 1–703(b) of this subtitle.

(e) The recommendation of the Commission as to pensions shall be introduced by the presiding officers of the Senate and the House of Delegates in the form of legislation, and shall become effective only if passed by both Houses.

(f) Any change in salaries or pensions adopted by the General Assembly under this section takes effect as of the July 1 of the year next following the year in which the Commission makes its recommendations.

(g) This section does not affect § 1–702(b), § 1–703(b), or §§ 1–705 through 1–707 of this subtitle, or Title 27 of the State Personnel and Pensions Article.
Md. Code, Local Government § 1-303 — MD Code / Article glg / Title 1 / Subtitle 3 / Section 1-303
§1–303.
Status: in_force

Except as otherwise provided in this subtitle, an employee of a governmental entity:

(1) may freely participate in any political activity and express any political opinion; and

(2) may not be required to provide a political service.
Md. Code, Estates and Trusts § 1-208 — MD Code / Article get / Title 1 / Subtitle 2 / Section 1-208
§1–208.
Status: in_force

(a) A child born to or conceived by individuals who are not married or in a registered domestic partnership is the child of the child’s mother.

(b) A child born to or conceived by individuals who are not married or in a registered domestic partnership is the child of the individual who did not give birth to the child if:

(1) The individual has been judicially determined to be the child’s parent in an action brought under Title 5, Subtitle 10 of the Family Law Article, and that determination has not been modified or set aside;

(2) The individual and the child’s mother consented to the conception of the child by means of assisted reproduction with the shared express intent to be the parents of the child, subject to the conditions under § 1–205(a)(2) of this subtitle if the child is conceived after the death of the individual; or

(3) The child’s mother identifies the individual as the other biological parent of the child and the individual agrees.

(c) There is a rebuttable presumption that a child born to or conceived by individuals who are not married or in a registered domestic partnership is the child of an individual who did not give birth to the child if the individual:

(1) Has acknowledged himself or herself, in writing, to be a parent of the child;

(2) Has openly and notoriously recognized the child to be the individual’s child; or

(3) Has subsequently married or registered a domestic partnership with the mother and has acknowledged himself or herself, orally or in writing, to be a parent of the child.
Md. Code, Agriculture § 1-306 — MD Code / Article gag / Title 1 / Subtitle 3 / Section 1-306
§1–306.
Status: in_force

The penalties under Title 12 of this article do not apply to this subtitle.
Md. Code, Criminal Procedure § 1-207 — MD Code / Article gcp / Title 1 / Subtitle 2 / Section 1-207
§1–207.
Status: in_force

(a) The Governor may remit all or part of a fine or forfeiture.

(b) A defendant or surety applying for the remission of all or part of a recognizance that has been forfeited:

(1) may apply to a court to order the remission in accordance with Title 4 of the Maryland Rules; and

(2) need not apply to the Governor to order the remission.
Md. Code, Business Regulation § 1-505 — MD Code / Article gbr / Title 1 / Subtitle 5 / Section 1-505
§1–505.
Status: in_force

(a) (1) The Secretary may assess a civil penalty against a person engaged in a trade or business for each knowing and willful violation of this subtitle.

(2) The civil penalty may not exceed $50 for each day the violation continues.

(3) For purposes of this section, a separate violation occurs at each office, branch, or place of business where a violation occurs or continues.

(4) The total civil penalty may not exceed $1,000.

(b) In the event of the failure of a person to pay a penalty assessed under this section, a civil action for recovery of the penalty may be brought by the State against the person.
Md. Code, Business Regulation § 1-412 — MD Code / Article gbr / Title 1 / Subtitle 4 / Section 1-412
§1–412.
Status: in_force

(a) The Secretary of State shall cancel a registration of a mark if:

(1) the registrant asks that it be canceled;

(2) the registrant fails to renew it;

(3) a court of competent jurisdiction orders that it be canceled on any ground; or

(4) a court of competent jurisdiction finds that:

(i) the mark is abandoned;

(ii) the registrant does not own the mark;

(iii) the registration was granted improperly; or

(iv) the registration was obtained fraudulently.

(b) (1) Subject to paragraph (2) of this subsection, the Secretary of State shall cancel the registration of a mark if a court of competent jurisdiction finds the mark to be likely to confuse or deceive because it resembles a mark that:

(i) was registered by another person in the United States Patent Office before the date the registrant applied for registration under this subtitle; and

(ii) is not abandoned.

(2) The Secretary of State may not cancel the registration of a mark if the registrant proves that:

(i) the registrant holds a concurrent registration of the mark in the United States Patent Office; and

(ii) the registration in the United States Patent Office covers an area that includes the State.
Md. Code, Land Use § 1-409 — MD Code / Article glu / Title 1 / Subtitle 4 / Section 1-409
§1–409.
Status: in_force

(a) The transportation element may include all types of:

(1) airways;

(2) highways or streets;

(3) railways;

(4) waterways;

(5) routings for mass transit; and

(6) terminals for individuals, goods, and vehicles related to airways, highways, railways, and waterways.

(b) The transportation element shall:

(1) propose, on a schedule that extends as far into the future as is reasonable, the most appropriate and desirable patterns for:

(i) the general location, character, and extent of channels, routes, and terminals for transportation facilities; and

(ii) the circulation of individuals and goods;

(2) provide for bicycle and pedestrian access and travelways; and

(3) include an estimate of the use of any proposed improvement.
Md. Code, Local Government § 1-1427 — MD Code / Article glg / Title 1 / Subtitle 14 / Section 1-1427
§1–1427.
Status: in_force

(a) Proceeds from the sale of bonds and other revenues received under this subtitle are trust funds to be held and applied solely as provided in this subtitle.

(b) (1) Each officer, bank, or trust company that receives trust money from an authority under this subtitle shall act as trustee of the money and shall hold and apply the money for the purposes specified under this subtitle.

(2) The officer, bank, or trust company holding money is subject to:

(i) any regulation adopted under this subtitle; and

(ii) the resolution authorizing the issuance of bonds or the trust agreement.
Md. Code, Health Occupations § 1-902 — MD Code / Article gho / Title 1 / Subtitle 9 / Section 1-902
§1–902.
Status: in_force

A health care practitioner may use teletherapy if:

(1) The health care practitioner complies with any regulations adopted under this subtitle; and

(2) The health care practitioner:

(i) Establishes a patient–practitioner relationship with the patient for whom teletherapy is being used;

(ii) Provides for the privacy of communications made through teletherapy; and

(iii) Addresses, to the extent practicable, the need to maintain the safety and well–being of patients for whom teletherapy is being used.
Md. Code, Agriculture § 1-1A-04 — MD Code / Article gag / Title 1 / Subtitle 1A / Section 1-1A-04
§1–1A–04.
Status: in_force

Except for purposes of meeting the reporting requirements of the United States Department of Agriculture for a federally certified State agricultural mediation program, the Department shall maintain the confidentiality of all mediation records.
Md. Code, Corporations and Associations § 1-201 — MD Code / Article gca / Title 1 / Subtitle 2 / Section 1-201
§1–201.
Status: in_force

(a) The Department may not accept for record any charter document of a Maryland corporation which does not conform with law. However, any document which purports to be acknowledged may be treated by the Department as properly acknowledged.

(b) The Department may not accept for record or filing any charter document, qualification, registration, change of resident agent or principal office, report, service of process or notice, or other document until all required recording, filing, organization and capitalization, and other special fees have been paid to the Department.

(c) (1) The Department may accept documents that are filed for record by electronic transmission.

(2) Documents filed for record by electronic transmission are subject to the regular filing fees and expedited processing fees provided in § 1–203 of this subtitle.

(d) (1) On payment of the regular processing fee and, if applicable, expedited processing fee provided in § 1–203 of this subtitle, the Department may accept for preclearance any document or draft of any document listed in § 1–203(b)(1) or (4) of this subtitle.

(2) The Department may adopt regulations to administer the preclearance process.
Md. Code, Environment § 1-402 — MD Code / Article gen / Title 1 / Subtitle 4 / Section 1-402
§1–402.
Status: in_force

(a) The head of the Department is the Secretary of the Environment, who shall be appointed by the Governor with the advice and consent of the Senate.

(b) (1) The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on these matters.

(2) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary.

(3) The Secretary shall establish the general policy for and adopt standards to promote and guide the development of the environmental services of the State.

(4) The Secretary is responsible for the environmental interests of the people of the State and shall supervise generally the administration of the environmental laws of the State.

(c) The Secretary is entitled to the salary provided in the State budget.
Md. Code, Environment § 1-607 — MD Code / Article gen / Title 1 / Subtitle 6 / Section 1-607
§1–607.
Status: in_force

(a) (1) This subsection applies to applications for all licenses and permits issued, or required to be reissued, by the Department.

(2) On or before January 1, 1998, and each year thereafter, in consultation with interested parties, the Department shall publish expected review times for each licensing and permitting program.

(3) On or before January 1, 1998, for each licensing and permitting program, the Department shall offer assistance and information to persons which may include:

(i) Written lists of information and materials required with applications;

(ii) Written lists of common application questions and mistakes;

(iii) Preapplication meetings with prospective applicants to address technical issues;

(iv) Written receipts to the applicant upon submission of an application; and

(v) The status of active applications.

(b) (1) This subsection applies to permits which are:

(i) Identified in § 1–601(a) of this subtitle; or

(ii) Issued under Title 5, Subtitle 9 of this article.

(2) The Department shall provide to the applicant:

(i) A notice of completed application; or

(ii) If the Department determines that the application is incomplete, the reasons, in writing, that the application was determined to be incomplete.

(3) (i) For permits identified in § 1–601(a) of this subtitle, the notice of completed application shall include an estimated time for issuance of the tentative determination if requested by the applicant.

(ii) For permits issued under Title 5, Subtitle 9 of this article, the notice of completed application shall include an estimate of the date by which the Department will grant, deny, or condition the permit.

(4) A permit applicant may apply to the Department for a refund of all or a portion of the application fee if:

(i) 1. For permits identified in § 1–601(a) of this subtitle, the Department fails to issue a tentative determination regarding the application within the estimated time provided in the notice of completed application; or

2. For permits issued under Title 5, Subtitle 9 of this article, the Department fails to grant, deny, or condition a permit within the time periods provided under § 5–906 of this article;

(ii) The applicant demonstrates that the delay was caused solely by the Department and was not the result of procedures or requirements outside the control of the Department, including:

1. Reviews by federal, local, or other State government

agencies;

2. Procedures for public participation; or

3. The failure of the applicant to submit information to the Department in a timely manner; and

(iii) 1. For permits identified in § 1–601(a) of this subtitle, the applicant applies to the Department within 60 days after the estimated time for issuance of a tentative determination; or

2. For permits issued under Title 5, Subtitle 9 of this article, the applicant applies to the Department within 60 days after the date by which the Department was to have granted, denied, or conditioned a permit under the time periods provided under § 5–906 of this article.

(5) The Secretary, or the Secretary’s designee, shall review the refund request and determine if a refund of any amount is appropriate.

(6) If the Secretary denies the refund request, the Department shall provide the applicant a written explanation of the denial and of the procedures and requirements outside the control of the Department on which the denial was based within 60 days.
Md. Code, Natural Resources § 1-701 — MD Code / Article gnr / Title 1 / Subtitle 7 / Section 1-701
§1–701.
Status: in_force

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

(b) “Conserve”, “endangered species”, “nongame species”, “species”, and “threatened species” have the meanings stated in § 10-2A-01 of this article.

(c) “Fund” means the State Chesapeake Bay and Endangered Species Fund established under § 1-702 of this subtitle.

(d) “Income tax checkoff system” means the checkoff system established under § 2-110 of the Tax - General Article.
Md. Code, Corporations and Associations § 1-204 — MD Code / Article gca / Title 1 / Subtitle 2 / Section 1-204
§1–204.
Status: in_force

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

(2) “Aggregate par value of capital stock” means the sum of the total par value of all classes of stock.

(3) “Corporation” includes a joint stock company.

(4) “Total par value of a class of capital stock” means:

(i) For a class of capital stock having par value, the par value per share of stock in the class times the number of authorized shares in the class; or

(ii) For a class of capital stock not having par value, $20 times the number of authorized shares in the class.

(b) There is an organization and capitalization fee imposed on:

(1) The aggregate par value of capital stock of a Maryland corporation that incorporates;

(2) An increase of the aggregate par value of capital stock of a Maryland corporation;

(3) A consolidation of corporations that results in a Maryland successor corporation that has an aggregate par value of capital stock that exceeds the aggregate par value of the consolidating corporations;

(4) A merger of corporations if the successor corporation has an aggregate par value that exceeds the aggregate par value of capital stock of the merging corporations; or

(5) The incorporation of:

(i) A Maryland corporation that does not have any capital stock;

(ii) A savings and loan association; or

(iii) A credit union.

(c) (1) Except as otherwise provided in this section, the organization and capitalization fee is as provided in the following schedule:

Aggregate Par Value of Capital Stock Fee

Not over $100,000 $20

Over $100,000 but not over $1,000,000 $20, plus $1 for each $5,000 or

fractional part of $5,000 that

exceeds $100,000

Over $1,000,000 but not over $2,000,000 $200, plus $10 for each $100,000

or fractional part of $100,000

that exceeds $1,000,000

Over $2,000,000 but not over $5,000,000 $300, plus $15 for each $500,000

or fractional part of $500,000

that exceeds $2,000,000

Over $5,000,000 $390, plus $20 for each

$1,000,000 or fractional part of

$1,000,000 that exceeds

$5,000,000

(2) The organization and capitalization fee is $20 for the incorporation of:

(i) A Maryland corporation that does not have any capital stock;

(ii) A savings and loan association; or

(iii) A credit union.

(d) (1) Except as otherwise provided in this subsection, the organization and capitalization fee for an increase in aggregate par value of capital stock is the fee computed on the aggregate par value including the proposed increase less the fee computed on the aggregate par value excluding the proposed increase.

(2) Except as provided in paragraph (3) of this subsection, the organization and capitalization fee on an increase in aggregate par value of capital stock of a railroad corporation that is incorporated under the laws of this State and any other state is computed by multiplying the fee computed under paragraph (1) of this subsection by the proportion of the total track mileage of the railroad corporation in this State to the total track mileage of the railroad corporation.

(3) The minimum organization and capitalization fee on an increase in aggregate par value is $20.

(e) (1) Except as otherwise provided in this subsection, the organization and capitalization fee for the consolidation of existing corporations to form a Maryland successor corporation is the fee computed on the aggregate par value of capital stock of the successor corporation less the fee computed on the combined aggregate par value of capital stock of the consolidating corporations.

(2) If there is an increase in the aggregate par value as computed under paragraph (1) of this subsection, the minimum organization and capitalization fee due on a consolidation is $20.

(f) (1) Except as otherwise provided in this subsection, the organization and capitalization fee for the merger of existing corporations is the fee computed on the aggregate par value of capital stock of the successor corporation less the fee computed on the combined aggregate par value of capital stock of the merging corporations.

(2) If there is an increase in the aggregate par value as computed under paragraph (1) of this subsection, the minimum organization and capitalization fee due on a merger is $20.

(g) The organization and capitalization fee required by this section shall be paid to the Department before the Department may accept for record any charter document that requires an organization and capitalization fee.

(h) The Department shall give the Comptroller a monthly account of the organization and capitalization fees that the Department receives.

(i) The Department shall pay any organization and capitalization fees collected under this title into the General Fund of this State.
Md. Code, Local Government § 1-101 — MD Code / Article glg / Title 1 / Subtitle 1 / Section 1-101
§1–101.
Status: in_force

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

(b) (1) “Charter county” means a county that has adopted charter home rule under Article XI–A of the Maryland Constitution.

(2) “Charter county” does not include Baltimore City.

(c) “Code county” means a county that has adopted code home rule under Article XI–F of the Maryland Constitution.

(d) “Commission county” means a county that has not adopted charter or code home rule.

(e) “County” means a county of the State or Baltimore City.

(f) “Governing body” means:

(1) for Baltimore City, the Mayor and City Council of Baltimore City;

(2) for a charter county:

(i) that does not have an elected chief executive officer, the county council; or

(ii) that has an elected chief executive officer, the county council or the county council and the county executive, as provided by the county charter;

(3) for a code county, the county commissioners;

(4) for a commission county, the county commissioners; and

(5) for a municipality, the body provided under the municipal charter.

(g) “Municipality” means a municipality that is organized under Article XI–E of the Maryland Constitution.

(h) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity.

(i) (1) Except as provided in paragraph (2) of this subsection, “state” means:

(i) a state, possession, territory, or commonwealth of the United States; or

(ii) the District of Columbia.

(2) When capitalized, “State” means Maryland.

(j) “Tax collector” means the person or governmental unit responsible for collecting a tax.

(k) “Uniformed services” has the meaning stated in § 9–901 of the State Government Article.

(l) “Veteran” has the meaning stated in § 9–901 of the State Government Article.
Md. Code, Courts and Judicial Proceedings § 1-205 — MD Code / Article gcj / Title 1 / Subtitle 2 / Section 1-205
§1–205.
Status: in_force

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

(2) “Court” means the Supreme Court of Maryland, the Appellate Court of Maryland, a circuit court, the District Court of Maryland, and an orphans’ court.

(3) “Personal information” means an individual’s:

(i) Social Security number; or

(ii) Driver’s license number.

(4) “Publicly post or display” means to intentionally make available to the public.

(b) Except as otherwise provided by law, on or after June 1, 2010, a court, to the extent practicable, may not publicly post or display on an Internet website maintained or paid for by the court an individual’s personal information.
Md. Code, Commercial Law § 1-106 — MD Code / Article gcl / Title 1 / Subtitle 1 / Section 1-106
§1–106.
Status: in_force

In the Maryland Uniform Commercial Code, unless the context otherwise requires:

(1) Words in the singular number include the plural, and those in the plural include the singular; and

(2) Words of any gender also refer to any other gender.
Md. Code, Local Government § 1-1105 — MD Code / Article glg / Title 1 / Subtitle 11 / Section 1-1105
§1–1105.
Status: in_force

(a) Subject to subsection (c) of this section, a program shall require a property owner to repay a loan provided under the program through a surcharge on the owner’s property tax bill.

(b) Except for a surcharge authorized under subsection (c) of this section, a county or municipality may not set a surcharge greater than an amount that allows the county or municipality to recover the costs associated with:

(1) issuing bonds to finance the loan; and

(2) administering the program.

(c) With the express consent of any holder of a mortgage or deed of trust on a commercial property that is to be financed through a loan to the commercial property owner under the program:

(1) a county or municipality may collect loan payments owed to a private lender or to the county or the municipality for a loan to a commercial property owner, and costs associated with administering the program, through a surcharge on the property owner’s property tax bill;

(2) an unpaid surcharge under this subsection shall be, until paid, a lien on the real property on which it is imposed from the date it becomes payable; and

(3) the provisions of Title 14, Subtitle 8 of the Tax – Property Article that apply to a tax lien shall also apply to a lien created under this subsection.

(d) A person who acquires property subject to a surcharge under this section assumes the obligation to pay the surcharge.
Md. Code, Health Occupations § 1-609 — MD Code / Article gho / Title 1 / Subtitle 6 / Section 1-609
§1–609.
Status: in_force

(a) Each health occupations board shall collaborate with the Office of the Attorney General to make guidelines available to the public concerning the separate roles for assistant attorneys general as counsel and prosecutor for the board.

(b) Noncompliance with the guidelines made available under this section may not be used as grounds for any hearing or appeal of any board action.
Md. Code, Local Government § 1-1309 — MD Code / Article glg / Title 1 / Subtitle 13 / Section 1-1309
§1–1309.
Status: reserved

(a) In this section, “electric company” has the meaning stated in § 1–101 of the Public Utilities Article.

(b) This section applies to all counties and municipalities.

(c) On written request by a county or municipality, an electric company shall sell to the county or municipality some or all of the electric company’s existing street lighting equipment that is located in the county or municipality.

(d) If the county or municipality purchases street lighting equipment from an electric company, the county or municipality shall pay to the electric company the fair market value of the street lighting equipment.

(e) A county or municipality that purchases street lighting equipment in accordance with this section:

(1) shall be responsible for the maintenance of the street lighting equipment; and

(2) may contract with an outside entity for the maintenance of the street lighting equipment.

(f) (1) Any person who controls the right to use space on any pole, lamppost, or other mounting surface previously used in the county or municipality by the electric company for street lighting equipment shall allow a county or municipality that has purchased the street lighting equipment to assume the rights and obligations of the electric company with respect to the space for the unexpired term of any lease or other agreement under which the electric company used the space.

(2) Notwithstanding paragraph (1) of this subsection, the county or municipality may not restrict or prohibit universal access for electricity or any other service by assuming the rights and obligations of an electric company as to space on any pole, lamppost, or other mounting surface used for street lighting equipment.

(3) Any dispute between an electric company and a county or municipality arising under this subsection shall be submitted to the Public Service Commission for resolution.
Md. Code, Local Government § 1-804 — MD Code / Article glg / Title 1 / Subtitle 8 / Section 1-804
§1–804.
Status: in_force

(a) After consultation with the Department of Budget and Management, the Secretary of Planning shall adopt regulations that require a county or municipality to submit information, as required in this section, on federal aid, including grants, instructional contracts, loans, research contracts, and other assistance.

(b) (1) Every 6 months, a county or municipality shall submit a summary notice to the Department of Planning if, during the 6–month period that the notice covers, the county or municipality received an award of federal aid in the form of an instructional contract, an instructional grant, a research contract, or a research grant.

(2) The summary notice shall state the amount of the award.

(c) (1) This subsection does not apply to an instructional contract, an instructional grant, a research contract, or a research grant.

(2) Within 30 days after a county or municipality receives an award of federal aid, the county or municipality shall submit to the Department of Planning a summary notice that states:

(i) the amount of the award; and

(ii) if the award is conditioned on matching funds:

1. the amount of those funds;

2. the source of those funds; and

3. the period for which those funds are required.
Md. Code, Natural Resources § 1-203 — MD Code / Article gnr / Title 1 / Subtitle 2 / Section 1-203
§1–203.
Status: in_force

(a) (1) The Secretary shall, within the limits of any appropriation made for this purpose, appoint Natural Resources police officers as the Secretary deems necessary for the efficient administration of the Natural Resources Police Force.

(2) Each appointee to the Natural Resources Police Force shall have the character, education, and other qualifications established by the Secretary under this subtitle.

(3) (i) When the Department advertises for or recruits new Natural Resources police officers, the Department shall include advertising that is targeted toward racial and ethnic communities or other individuals who are underrepresented in the Natural Resources police workforce, including advertising in newspapers or on radio stations whose primary audience is the underrepresented communities and individuals.

(ii) The Secretary may contract with an outside vendor to assist in carrying out subparagraph (i) of this paragraph.

(b) The Secretary shall issue to each person appointed as a Natural Resources police officer a commission and badge stating “Natural Resources Police Officer”.

(c) Except when on detective duty, every Natural Resources police officer shall wear in plain view a “Natural Resources Police Officer” badge when acting in an official capacity.

(d) The badge is property of the State, and upon the termination of a commission of any Natural Resources police officer, it shall be returned with the commission to the Secretary.

(e) (1) All Natural Resources police officers, including persons appointed for training prior to regular assignment as a Natural Resources police officer, shall remain in a probationary status for a period of 2 years from the date of initial appointment to the Natural Resources Police Force.

(2) The Secretary may discharge an employee in probationary status for any cause which is deemed sufficient in the sole discretion of the Secretary.

(f) (1) In cases of inconsistency between this subtitle and the provisions of the State Personnel and Pensions Article, the provisions of this subtitle shall control as to all matters relating to the Natural Resources Police Force.

(2) Except as expressly provided in this subtitle, the State Personnel and Pensions Article does not apply to or affect the compensation, rank, grade, or status of Natural Resources police officers.

(3) Except as expressly provided in this subtitle, the compensation, civilian classification, and status of civilian employees of the Natural Resources Police Force shall be determined in accordance with the State Personnel and Pensions Article.

(g) (1) The Natural Resources Police Force shall take all necessary actions to pursue diversity within its sworn and civilian ranks so that it reflects the demographics of the State to the extent practicable, including:

(i) Expanding and diversifying the Maryland Natural Resources Police Academy applicant pool by:

1. Strengthening the Natural Resources Police Cadet Program; and

2. Increasing recruiting efforts at historically black colleges and universities; and

(ii) Establishing a diversity study group to:

1. Review departmental recruitment procedures;

2. Identify barriers to diverse employment within the ranks of the Natural Resources Police Force; and

3. Propose corrective actions.

(2) (i) 1. The Natural Resources Police Force shall develop an action plan to diversify its workforce based on recommendations by the diversity study group established under paragraph (1) of this subsection.

2. The Secretary shall ensure that all hiring and promotion is consistent with the action plan developed under this subparagraph.

3. The Department shall:

A. Publish the action plan developed under this subparagraph on its website; and

B. At least every 3 years, evaluate and update the action plan developed under this subparagraph.

(ii) On or before December 1, 2022, the Natural Resources Police Force shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the action plan required under subparagraph (i) of this paragraph, including:

1. Specific and measurable goals for achieving diversity among its sworn and civilian employees, including a date or dates by which the Natural Resources Police Force shall meet the goals;

2. A demographic breakdown of the following for the Natural Resources Police Force for the immediately preceding 3 calendar years:

A. Sworn and civilian employees;

B. Attrition rate;

C. Managerial and leadership positions;

D. Maryland Natural Resources Police Academy classes; and

E. Disciplinary action for sworn and civilian employees;

3. A plan to promote diversity among managerial and leadership positions;

4. The frequency with which the Natural Resources Police Force offers diversity– and implicit bias–related training to its sworn and civilian employees and in Maryland Natural Resources Police Academy classes;

5. A plan to address implicit bias among its sworn and civilian employees;

6. A plan to promote diversity in recruitment and retention efforts, including efforts to recruit from historically black colleges and universities;

7. The number of reported incidents of racially insensitive behavior in the immediately preceding 3 calendar years; and

8. Current disciplinary policies related to improper social media usage and otherwise racially insensitive or otherwise discriminatory actions, and plans to strengthen these policies in the future.
Md. Code, Financial Institutions § 1-208 — MD Code / Article gfi / Title 1 / Subtitle 2 / Section 1-208
§1–208.
Status: in_force

(a) The directors and officers of a financial institution shall develop and implement written:

(1) Policies governing real estate appraisal; and

(2) Procedures governing the hiring and performance of real estate appraisers.

(b) The procedures required under subsection (a)(2) of this section shall set forth specific factors to be considered by the financial institution’s directors and officers, including:

(1) Whether the appraiser is licensed or certified under the Business Occupations and Professions Article; and

(2) The real estate appraiser’s:

(i) Professional education; and

(ii) Experience in real estate appraising.

(c) Prior to implementation, a financial institution shall submit its real estate appraisal policies and procedures to the Commissioner for review and approval.
Md. Code, Agriculture § 1-201 — MD Code / Article gag / Title 1 / Subtitle 2 / Section 1-201
§1–201.
Status: in_force

Before a license or permit may be issued under this article to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9-101 of the Labor and Employment Article, the employer shall file with the issuing authority:

(1) A certificate of compliance with the Maryland Workers’ Compensation Act; or

(2) The number of a workers’ compensation insurance policy or binder.
Md. Code, Public Safety § 1-101 — MD Code / Article gps / Title 1 / Subtitle 1 / Section 1-101
§1–101.
Status: in_force

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

(a–1) “Active duty” has the meaning stated in § 9–901 of the State Government Article.

(a–2) “Armed forces” has the meaning stated in § 9–901 of the State Government Article.

(b) “County” means a county of the State or Baltimore City.

(c) (1) “Law enforcement officer” means an individual who:

(i) in an official capacity is authorized by law to make arrests; 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 Baltimore City School Police Force;

4. the Baltimore City Watershed Police Force;

5. the police department, bureau, or force of a county;

6. the police department, bureau, or force of a municipal corporation;

7. the office of the sheriff of a county;

8. the police department, bureau, or force of a bicounty agency;

9. the Maryland Transportation Authority Police;

10. the police forces of the Department of Transportation;

11. the police forces of the Department of Natural Resources;

12. the Field Enforcement Bureau of the Comptroller’s Office;

13. the Field Enforcement Division of the Alcohol and Tobacco Commission;

14. the Housing Authority of Baltimore City Police Force;

15. the Crofton Police Department;

16. the police force of the Maryland Department of Health;

17. the police force of the Maryland Capitol Police of the Department of General Services;

18. the police forces of the University System of Maryland;

19. the police force of Morgan State University;

20. the office of State Fire Marshal;

21. the Ocean Pines Police Department;

22. the police force of the Baltimore City Community College;

23. the police force of the Hagerstown Community College;

24. the Internal Investigation Unit of the Department of Public Safety and Correctional Services;

25. the Warrant Apprehension Unit of the Intelligence and Investigative Division in the Department of Public Safety and Correctional Services;

26. the police force of the Anne Arundel Community College; or

27. the police department of the Johns Hopkins University established in accordance with Title 24, Subtitle 12 of the Education Article.

(2) “Law enforcement officer” does not include:

(i) an individual who serves at the pleasure of the Police Commissioner of Baltimore City;

(ii) an individual who serves at the pleasure of the appointing authority of a charter county;

(iii) the police chief of a municipal corporation;

(iv) an officer who is in probationary status on initial entry into the law enforcement agency except if an allegation of brutality in the execution of the officer’s duties is made;

(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;

(x) a Howard County fire and explosive investigator as defined in § 2–208.6 of the Criminal Procedure Article; or

(xi) the Chief of Police of the police department of the Johns Hopkins University established in accordance with Title 24, Subtitle 12 of the Education Article.

(d) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity.

(d–1) “Reserve component” has the meaning stated in § 9–901 of the State Government Article.

(e) “State” means:

(1) a state, possession, territory, or commonwealth of the United States; or

(2) the District of Columbia.

(f) “Uniformed services” has the meaning stated in § 9–901 of the State Government Article.

(g) “Veteran” has the meaning stated in § 9–901 of the State Government Article.
Md. Code, Public Safety § 1-310 — MD Code / Article gps / Title 1 / Subtitle 3 / Section 1-310
§1–310.
Status: in_force

(a) This section does not apply to prepaid wireless telecommunications service.

(b) Each subscriber to switched local exchange access service or CMRS or other 9–1–1–accessible service shall pay a State 9–1–1 fee.

(c) (1) Subject to paragraphs (2) through (5) of this subsection, the State 9–1–1 fee is 50 cents per month for each switched local exchange access service, CMRS, or other 9–1–1–accessible service provided, payable when the bill for the service is due.

(2) Except as provided in paragraphs (3) through (5) of this subsection, if a service provider provisions to the same individual or person the voice channel capacity to make more than one simultaneous outbound call from a 9–1–1–accessible service, each separate outbound call voice channel capacity, regardless of the technology, shall constitute a separate 9–1–1–accessible service for purposes of calculating the State 9–1–1 fee due under paragraph (1) of this subsection.

(3) CMRS provided to multiple devices that share a mobile telephone number shall be treated as a single 9–1–1–accessible service for purposes of calculating the State 9–1–1 fee due under paragraph (1) of this subsection.

(4) A broadband connection not used for telephone service may not constitute a separate voice channel capacity for purposes of calculating the State 9–1–1 fee due under paragraph (1) of this subsection.

(5) (i) For a telephone service that provides, to multiple locations, shared simultaneous outbound voice channel capacity configured to provide local dial in different states, the voice channel capacity to which the State 9–1–1 fee due under paragraph (1) of this subsection applies is only the portion of the shared voice channel capacity in the State identified by the service supplier’s books and records.

(ii) In determining the portion of shared capacity in the State, a service supplier may rely on, among other factors, a customer’s certification of the customer’s allocation of capacity in the State, which may be based on:

1. each end user location;

2. the total number of end users; and

3. the number of end users at each end user location.

(d) (1) The Public Service Commission shall direct each telephone company to add the State 9–1–1 fee to all current bills rendered for switched local exchange access service in the State.

(2) Each telephone company:

(i) shall act as a collection agent for the 9–1–1 Trust Fund with respect to the 9–1–1 fees;

(ii) shall remit all money collected to the Comptroller on a monthly basis;

(iii) shall keep records of 9–1–1 fees collected and remitted under this paragraph for at least 4 years after the fee is remitted; and

(iv) is entitled to credit, against the money from the State 9–1–1 fees to be remitted to the Comptroller, an amount equal to 0.50% of the State 9–1–1 fees to cover the expenses of billing, collecting, remitting, and keeping records of the State 9–1–1 fees and county 9–1–1 fees.

(3) The Comptroller shall deposit the money remitted in the 9–1–1 Trust Fund.

(e) (1) Each 9–1–1 service carrier shall add the State 9–1–1 fee to all current bills rendered for CMRS or other 9–1–1–accessible service in the State.

(2) Each 9–1–1 service carrier:

(i) shall act as a collection agent for the 9–1–1 Trust Fund with respect to the 9–1–1 fees;

(ii) shall remit all money collected to the Comptroller on a monthly basis;

(iii) shall keep records of 9–1–1 fees collected and remitted under this paragraph for at least 4 years after the fee is remitted; and

(iv) is entitled to credit, against the money from the State 9–1–1 fees to be remitted to the Comptroller, an amount equal to 0.50% of the State 9–1–1 fees to cover the expenses of billing, collecting, remitting, and keeping records of the State 9–1–1 fees and county 9–1–1 fees.

(3) The Comptroller shall deposit the money remitted in the 9–1–1 Trust Fund.

(f) (1) The Comptroller, in consultation with the Board, shall adopt procedures for auditing surcharge collection and remittance by telephone companies and CMRS providers of 9–1–1 fees collected under this section and under § 1–311 of this subtitle.

(2) The procedures adopted under paragraph (1) of this subsection shall be consistent with the audit and appeal procedures established for the sales and use tax under Titles 11 and 13 of the Tax – General Article.

(3) The Comptroller may issue an administrative subpoena to compel compliance with an audit conducted under this subsection.

(4) The Comptroller shall develop and distribute informational materials to telephone companies and CMRS providers regarding:

(i) proper collection and remittance of 9–1–1 fees; and

(ii) the audit procedures adopted under paragraph (1) of this subsection.

(5) On request of a telephone company or CMRS provider, and except as otherwise required by law, the information that the telephone company or CMRS provider reports to the Comptroller shall be confidential, privileged, and proprietary and may not be disclosed to any person other than the telephone company or CMRS provider.

(6) The Comptroller is entitled to an amount equal to 0.5% of the 9–1–1 fees collected under this section to cover the expenses of conducting audits under this subsection.

(7) On or before December 1 each year, the Comptroller shall submit an annual report to the Board detailing the audits conducted during the immediately preceding year and the outcome of each audit.

(8) (i) Between December 31, 2022, and January 1, 2025, in addition to the annual report required by paragraph (7) of this subsection, the Comptroller shall:

1. submit to the Board quarterly updates detailing the audits conducted in the immediately preceding quarter; and

2. immediately notify the Board of any deficiencies detected by an audit.

(ii) Beginning January 1, 2025, on request of the Board, the Comptroller shall provide quarterly updates detailing the audits conducted since the last update was provided.

(9) The Comptroller may adopt regulations necessary to carry out the requirements of this subsection.

(g) Notwithstanding any other provision of this subtitle, the State 9–1–1 fee does not apply to an intermediate service line used exclusively to connect a CMRS or other 9–1–1–accessible service, other than a switched local access service, to another telephone system or switching device.

(h) A CMRS provider that pays or collects State 9–1–1 fees under this section has the same immunity from liability for transmission failures as that approved by the Public Service Commission for local exchange telephone companies that are subject to regulation by the Commission under the Public Utilities Article.
Md. Code, Commercial Law § 1-307 — MD Code / Article gcl / Title 1 / Subtitle 3 / Section 1-307
§1–307.
Status: in_force

A document in due form purporting to be a bill of lading, policy or certificate of insurance, official weigher’s or inspector’s certificate, consular invoice, or any other document authorized or required by the contract to be issued by a third party is prima facie evidence of its own authenticity and genuineness and of the facts stated in the document by the third party.
Md. Code, Health Occupations § 1-606 — MD Code / Article gho / Title 1 / Subtitle 6 / Section 1-606
§1–606.
Status: in_force

(a) Each health occupations board shall adopt specific sanctioning guidelines, including:

(1) A range of sanctions that is based on historical data or a normative process for each type of violation; and

(2) A list of mitigating and aggravating circumstances that may be used to decide if a sanction falls within or outside the established range of sanctions.

(b) Sanctioning guidelines adopted under this section shall:

(1) Conform to a general framework or incorporate a common set of elements; and

(2) Be used as a guide for sanctioning licensees and certificate holders in formal and informal proceedings.

(c) (1) To the extent a health occupations board departs from the sanctioning guidelines adopted under this section, the board shall state its reasons.

(2) A departure from the guidelines alone is not grounds for any hearing or appeal of any board action.
Md. Code, Local Government § 1-1411 — MD Code / Article glg / Title 1 / Subtitle 14 / Section 1-1411
§1–1411.
Status: in_force

(a) With respect to property held or owned by the authority, the authority may:

(1) grant or acquire a license, an easement, or an option;

(2) set, charge, and collect rents, fees, and charges for use of the property;

(3) pay taxes or special assessments due;

(4) take any action, provide any notice, or institute any proceeding required to clear or quiet title in order to establish ownership by and vest title to property in the authority;

(5) abate violations of the local and State building, fire, health, and related codes; and

(6) hold, manage, maintain, operate, repair, lease as lessor, secure, prevent the waste or deterioration of, or demolish the property and take all other actions necessary to preserve the value of the property.

(b) An authority shall be made a party to, and shall defend any action or proceeding concerning, claims against property held by the authority.
Md. Code, Corporations and Associations § 1-503 — MD Code / Article gca / Title 1 / Subtitle 5 / Section 1-503
§1–503.
Status: in_force

§1–503. IN EFFECT

(a) An entity name may not contain language stating or implying that the entity is organized for a purpose other than that allowed by the entity’s:

(1) Articles of incorporation, if the entity is a corporation;

(2) Articles of organization, if the entity is a limited liability company;

(3) Certificate of limited liability partnership, if the entity is a limited liability partnership;

(4) Certificate of limited partnership, if the entity is a limited partnership; or

(5) Articles of incorporation, if the entity is a professional corporation.

(b) The name of a limited partnership may not contain the name of a limited partner unless:

(1) It is also the name of a general partner; or

(2) The business of the limited partnership had been carried on under the name before the admission of that limited partner.

(c) Except for words specified in § 1–502(f) of this subtitle, the name of a professional corporation may not use any other word, abbreviation, affix, or prefix that indicates it is a corporation.

§1–503. ** TAKES EFFECT OCTOBER 1, 2026 PER CHAPTERS 198 AND 199 OF 2025 **

(a) An entity name may not contain language stating or implying that the entity is organized for a purpose other than that allowed by the entity’s:

(1) Articles of incorporation, if the entity is a corporation;

(2) Articles of organization, if the entity is a limited liability company or limited worker cooperative association;

(3) Certificate of limited liability partnership, if the entity is a limited liability partnership;

(4) Certificate of limited partnership, if the entity is a limited partnership; or

(5) Articles of incorporation, if the entity is a professional corporation.

(b) The name of a limited partnership may not contain the name of a limited partner unless:

(1) It is also the name of a general partner; or

(2) The business of the limited partnership had been carried on under the name before the admission of that limited partner.

(c) Except for words specified in § 1–502(f) of this subtitle, the name of a professional corporation may not use any other word, abbreviation, affix, or prefix that indicates it is a corporation.
Md. Code, Business Occupations and Professions § 1-302 — MD Code / Article gbo / Title 1 / Subtitle 3 / Section 1-302
§1–302.
Status: in_force

(a) An authorized person may not unnecessarily damage the property on which a survey station stands.

(b) (1) Prior to entry on the property, an authorized person and the owner of the property shall agree on the amount to be paid for any damage to the property.

(2) On the completion of the work at the survey station, the authorized person shall promptly reimburse the owner of the property for any damage done to the property by the authorized person who entered on the property.

(c) If, prior to entry on the property, the authorized person and the owner of the property have not agreed on the amount to be paid for any damage to the property, the authorized person shall file a surety bond in the circuit court of the county in which the property is located in an amount to be approved by the court, conditioned on the payment of all damages and costs as provided under subsection (d) of this section.

(d) (1) The circuit court shall appoint three appraisers who are residents of the county in which the property is located to determine the amount to be paid for any damage to the property.

(2) The proceedings for the ascertainment of damages shall be in accordance with the provisions of Title 8, Subtitle 3 of the Transportation Article relating to the acquisition of private property for a public purpose.
Md. Code, Business Occupations and Professions § 1-201 — MD Code / Article gbo / Title 1 / Subtitle 2 / Section 1-201
§1–201.
Status: in_force

(a) A requirement in this article that a document be under oath means that the document shall be supported by a signed statement made under the penalties of perjury that the contents of the document are true to the best of the knowledge, information, and belief of the individual making the statement.

(b) The oath or affirmation shall be made:

(1) before an individual authorized to administer oaths, who shall certify in writing to have administered the oath or taken the affirmation; or

(2) by a signed statement that:

(i) is in the document or attached to and made part of the document; and

(ii) is made expressly under the penalties for perjury.

(c) If the procedures provided in subsection (b)(2) of this section are used, the affidavit subjects the individual making it to the penalties for perjury to the same extent as an oath or affirmation made before an individual authorized to administer oaths.
Md. Code, Correctional Services § 1-102 — MD Code / Article gcs / Title 1 / Subtitle 1 / Section 1-102
§1–102.
Status: in_force

(a) The State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government may not:

(1) enter into an agreement of any kind for the detention of individuals in an immigration detention facility owned, managed, or operated, in whole or in part, by a private entity;

(2) pay, reimburse, subsidize, or defray in any way any costs related to the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity;

(3) receive any payment related to the detention of individuals in an immigration detention facility owned, managed, or operated, in whole or in part, by a private entity; or

(4) otherwise give any financial incentive or benefit to any private entity or person in connection with the sale, purchase, construction, development, ownership, management, or operation of an immigration detention facility that is or will be owned, managed, or operated, in whole or in part, by a private entity.

(b) The State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government may not approve a zoning variance or issue a permit for the construction of a building or the reuse of existing buildings or structures by any private entity for use as an immigration detention facility unless the governmental entity:

(1) provides notice to the public of the proposed zoning variance or permit action at least 180 days before authorizing the variance or issuing the permit; and

(2) solicits and hears public comments on the proposed zoning variance or permit action in at least two separate meetings open to the public.

(c) (1) The State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government may not enter into or renew an immigration detention agreement.

(2) The State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government with an existing immigration detention agreement shall exercise the termination provision contained in the immigration detention agreement not later than October 1, 2022.

(d) In any dispute over an immigration detention agreement with the State, the provisions of this section govern.

(e) Nothing in this section may be construed to authorize or prohibit the State, a unit of local government, a county sheriff, or an agency, officer, employee, or agent of the State or a unit of local government from entering into an agreement under 8 U.S.C. § 1357(g).
Md. Code, Natural Resources § 1-206 — MD Code / Article gnr / Title 1 / Subtitle 2 / Section 1-206
§1–206.
Status: in_force

A person may not willfully fail or refuse to comply with any lawful or reasonable order or direction of any Natural Resources police officer or any law enforcement officer in connection with the enforcement of any provisions of law required to be enforced by the Secretary or the Department.
Md. Code, Criminal Procedure § 1-203.1 — MD Code / Article gcp / Title 1 / Subtitle 2 / Section 1-203.1
§1–203.
Status: in_force

§1–203.1.

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

(2) “Cell site simulator” means a device that mimics a cell tower and captures identifying information of electronic devices in the range of the device.

(3) “Court” means the District Court or a circuit court having jurisdiction over the crime being investigated, regardless of the location of the electronic device from which location information is sought.

(4) (i) “Electronic device” means a device that enables access to or use of an electronic communication service, as defined in § 10–401 of the Courts Article, a remote computing service, as defined in § 10–4A–01(c) of the Courts Article, or a geographic location information service.

(ii) “Electronic device” does not include:

1. an automatic identification system installed on a vessel in accordance with Title 33, Part 164.46 of the Code of Federal Regulations; or

2. a vessel monitoring system (VMS) or a VMS unit installed on board a vessel for vessel monitoring in accordance with Title 50, Part 648 of the Code of Federal Regulations.

(5) “Exigent circumstances” means an emergency or other judicially recognized exception to constitutional warrant requirements.

(6) “Location information” means real–time or present information concerning the geographic location of an electronic device that is generated by or derived from the operation of that device.

(7) “Location information service” means a global positioning service or other mapping, locational, or directional information service.

(8) “Owner” means a person or an entity having the legal title, claim, or right to an electronic device.

(9) “Service provider” means the provider of an electronic communication service, a remote computing service, or any location information service.

(10) “User” means a person that uses or possesses an electronic device.

(b) (1) A court may issue an order authorizing or directing a law enforcement officer to use a cell site simulator or obtain location information from an electronic device after determining from an application described in paragraph (2) of this subsection that there is probable cause to believe that:

(i) a misdemeanor or felony has been, is being, or will be committed by the owner or user of the electronic device or by the individual about whom location information is being sought; and

(ii) the information sought by the cell site simulator or the location information being sought:

1. is evidence of, or will lead to evidence of, the misdemeanor or felony being investigated; or

2. will lead to the apprehension of an individual for whom an arrest warrant has been previously issued.

(2) An application for an order under this section shall be:

(i) in writing;

(ii) signed and sworn to by the applicant; and

(iii) accompanied by an affidavit that:

1. sets forth the basis for probable cause as described in paragraph (1) of this subsection; and

2. contains facts within the personal knowledge of the affiant.

(3) An application for a court order under this section may be submitted to a judge:

(i) by in–person delivery of the application, the affidavit, and a proposed court order;

(ii) by secure fax, if a complete and printable image of the application, the affidavit, and a proposed court order are submitted; or

(iii) by secure electronic mail, if a complete and printable image of the application, the affidavit, and a proposed court order are submitted.

(4) The applicant and the judge may converse about the court order application:

(i) in person;

(ii) via telephone; or

(iii) via video.

(5) The judge may issue the court order:

(i) by signing the court order, indicating the date and time of issuance on the court order, and physically delivering the signed and dated court order, the application, and the affidavit to the applicant;

(ii) by signing the court order, writing the date and time of issuance on the court order, and sending complete and printable images of the signed and dated court order, the application, and the affidavit to the applicant by secure fax; or

(iii) by signing the court order, either electronically or in writing, indicating the date and time of issuance on the court order, and sending complete and printable images of the signed and dated court order, the application, and the affidavit to the applicant by secure electronic mail.

(6) An order to obtain location information issued under this section shall:

(i) name or describe with reasonable particularity:

1. the type of electronic device associated with the location information being sought;

2. the user of the electronic device, if known, or the identifying number of the electronic device about which location information is sought;

3. the owner, if known and if the owner is a person or an entity other than the user, of the electronic device;

4. the grounds for obtaining the location information; and

5. the name of the applicant on whose application the order was issued;

(ii) authorize the executing law enforcement officer to obtain the location information without giving notice to the owner or user of the electronic device or to the individual about whom the location information is being sought for the duration of the order;

(iii) specify the period of time for which location information is authorized to be obtained; and

(iv) if applicable, order the service provider to:

1. disclose to the executing law enforcement officer the location information associated with the electronic device for the period of time authorized; and

2. refrain from notifying the user, owner, or any other person of the disclosure of location information for as long as the notice under subsection (d) of this section is delayed.

(7) An order authorizing use of a cell site simulator issued under this section shall:

(i) name or describe with reasonable particularity:

1. the type of electronic device associated with the use of the cell site simulator;

2. the user of the electronic device, if known, or the identifying number of the electronic device;

3. the owner of the electronic device, if known, and whether the owner is a person or an entity other than the user;

4. the grounds for using the cell site simulator; and

5. the name of the applicant on whose application the order was issued;

(ii) authorize the executing law enforcement officer to use a cell site simulator without giving notice to the owner or user of the electronic device or to the individual about whom information is being sought for the duration of the order;

(iii) specify the period of time for which use of a cell site simulator is authorized;

(iv) require that any third–party or nontarget data be permanently destroyed on the expiration of the order;

(v) require that no content data be obtained;

(vi) restrict the investigative use of any third–party or nontarget data without further court order; and

(vii) require that a copy of the application and order be provided in discovery.

(c) (1) (i) The period of time during which a cell site simulator may be used or location information may be obtained under the authority of an order under subsection (b) of this section may not exceed 30 days unless extended as provided in paragraph (3) of this subsection.

(ii) Cell site simulator use shall begin or location information shall begin to be obtained by the executing law enforcement officer within 10 calendar days after the order is issued or, if applicable, the order shall be delivered to the service provider within 10 calendar days after the order is issued.

(2) If none of the events described in paragraph (1)(ii) of this subsection occurs within 10 calendar days of the issuance of the order, the order is void.

(3) (i) The authority to use a cell site simulator or obtain location information under the order may be extended beyond 30 calendar days on a finding of continuing probable cause.

(ii) An extension under this paragraph may not exceed an additional 30 calendar days, unless the court finds continuing probable cause and determines that good cause exists for a longer extension.

(d) (1) Notice of the court’s order shall be delivered to the user and, if known and if the owner is a person or an entity other than the user, the subscriber of the electronic device at issue.

(2) The notice shall:

(i) state the general nature of the law enforcement inquiry; and

(ii) inform the user or owner:

1. if applicable, that a cell site simulator was used or that location information maintained by the service provider was supplied to a law enforcement officer;

2. if applicable, of the identifying number associated with the electronic device;

3. of the dates during which the cell site simulator was used or for which the location information was supplied;

4. whether notification was delayed; and

5. which court authorized the order.

(3) Subject to paragraph (4) of this subsection, notice must be delivered within 10 calendar days after the expiration of the order.

(4) Notwithstanding any provision of the Maryland Rules or this subtitle, the court, on a finding of good cause, may order that the application, affidavit, and order be sealed and that the notification required under this section be delayed for a period of 30 calendar days.

(5) A finding of good cause under paragraph (4) of this subsection may be established by evidence that:

(i) the criminal investigation to which the affidavit is related is of a continuing nature and likely to yield further information that could be of use in prosecuting alleged criminal activities; and

(ii) the failure to maintain the confidentiality of the investigation would:

1. jeopardize the use of information already obtained in the investigation;

2. impair the continuation of the investigation; or

3. jeopardize the safety of a source of information.

(6) A court may order that notification under this section be delayed beyond 30 calendar days if:

(i) a law enforcement officer provides continued evidence of a circumstance described in paragraph (5) of this subsection; and

(ii) the court makes a finding of good cause based on evidence that notice should be further delayed to preserve the continuation of the investigation.

(e) (1) Discovery of the application, affidavit, order, and related documents, if any, is subject to the provisions of Maryland Rules 4–262 and 4–263.

(2) Subject to paragraph (3) of this subsection, evidence obtained in violation of this section is subject to the exclusionary rule as judicially determined.

(3) Under no circumstances is information collected on a nontarget device admissible in a criminal, civil, administrative, or other proceeding.

(f) Notwithstanding any other provision of this section, a law enforcement officer may use a cell site simulator or obtain location information for a period not to exceed 48 hours:

(1) in exigent circumstances; or

(2) with the express consent of the user or owner of the electronic device.

(g) A person may not be held civilly liable for complying with this section by providing location information.
Md. Code, Natural Resources § 1-204 — MD Code / Article gnr / Title 1 / Subtitle 2 / Section 1-204
§1–204.
Status: in_force

(a) In addition to any other powers conferred by this title, the Secretary and every Natural Resources police officer shall have all the powers conferred upon police officers of the State. These powers may be exercised anywhere within the State. The Natural Resources Police Force specifically is charged with enforcing the natural resource and conservation laws of the State.

(b) Every Natural Resources police officer appointed under § 1–203 of this subtitle shall perform duties the Secretary designates.

(c) Any law enforcement employee of the Department of Natural Resources who works overtime for any reason, whether or not the employee receives monetary payment for that overtime work, shall be considered to be employed by this State during those hours for purposes of all other employee entitlements.
Md. Code, Labor and Employment § 1-201 — MD Code / Article gle / Title 1 / Subtitle 2 / Section 1-201
§1–201.
Status: in_force

(a) A requirement in this article that a document be under oath means that the document shall be supported by a signed statement made under the penalties of perjury that the contents of the document are true to the best of the knowledge, information, and belief of the individual making the statement.

(b) The oath or affirmation shall be made:

(1) before an individual authorized to administer oaths, who shall certify in writing to have administered the oath or taken the affirmation; or

(2) by a signed statement that:

(i) is in the document or attached to and made part of the document; and

(ii) is made expressly under the penalties for perjury.

(c) If the procedures provided in subsection (b)(2) of this section are used, the affidavit subjects the individual making it to the penalties for perjury to the same extent as an oath or affirmation made before an individual authorized to administer oaths.
Md. Code, Corporations and Associations § 1-502 — MD Code / Article gca / Title 1 / Subtitle 5 / Section 1-502
§1–502.
Status: in_force

§1–502. IN EFFECT

(a) (1) The name of a corporation must include one of the following words or an abbreviation of one of the following words:

(i) “Company”, if it is not preceded by the word “and” or a symbol for the word “and”;

(ii) “Corporation”;

(iii) “Incorporated”; or

(iv) “Limited”.

(2) If a corporation is a benefit corporation, the name of the benefit corporation must include:

(i) The words “benefit corporation”;

(ii) “Benefit Corp.”;

(iii) The words “benefit company”, if not preceded by the word “and” or a symbol for the word “and”; or

(iv) “Benefit Co.”, if not preceded by the word “and” or a symbol for the word “and”.

(b) (1) The name of a limited liability company must include:

(i) The words “limited liability company”;

(ii) “L.L.C.”;

(iii) “LLC”;

(iv) “L.C.”; or

(v) “LC”.

(2) If a limited liability company is a benefit limited liability company, the name of the benefit limited liability company must include:

(i) The words “benefit limited liability company”;

(ii) “Benefit L.L.C.”;

(iii) “Benefit LLC”;

(iv) “Benefit L.C.”; or

(v) “Benefit LC”.

(c) The name of a limited liability partnership must include:

(1) The words “limited liability partnership”;

(2) “L.L.P.”; or

(3) “LLP”.

(d) The name of a limited partnership must include:

(1) The words “limited partnership”;

(2) “L.P.”; or

(3) “LP”.

(e) The name of a limited liability limited partnership must include:

(1) The words “limited liability limited partnership”;

(2) “L.L.L.P.”; or

(3) “LLLP”.

(f) (1) The corporate name of a professional corporation must include:

(i) The word “chartered”;

(ii) The abbreviation “chtd.”;

(iii) The words “professional association”;

(iv) The abbreviation “P.A.”;

(v) The words “professional corporation”; or

(vi) The abbreviation “P.C.”.

(2) A professional corporation need not use any word specified under paragraph (1) of this subsection if:

(i) The corporation has registered the name to be used in the manner provided in § 1–406 of this title; and

(ii) The name is the same as its corporate name except for the allowable omissions.

§1–502. ** TAKES EFFECT OCTOBER 1, 2026 PER CHAPTERS 198 AND 199 OF 2025 **

(a) (1) The name of a corporation must include one of the following words or an abbreviation of one of the following words:

(i) “Company”, if it is not preceded by the word “and” or a symbol for the word “and”;

(ii) “Corporation”;

(iii) “Incorporated”; or

(iv) “Limited”.

(2) If a corporation is a benefit corporation, the name of the benefit corporation must include:

(i) The words “benefit corporation”;

(ii) “Benefit Corp.”;

(iii) The words “benefit company”, if not preceded by the word “and” or a symbol for the word “and”; or

(iv) “Benefit Co.”, if not preceded by the word “and” or a symbol for the word “and”.

(b) (1) The name of a limited liability company must include:

(i) The words “limited liability company”;

(ii) “L.L.C.”;

(iii) “LLC”;

(iv) “L.C.”; or

(v) “LC”.

(2) If a limited liability company is a benefit limited liability company, the name of the benefit limited liability company must include:

(i) The words “benefit limited liability company”;

(ii) “Benefit L.L.C.”;

(iii) “Benefit LLC”;

(iv) “Benefit L.C.”; or

(v) “Benefit LC”.

(c) The name of a limited liability partnership must include:

(1) The words “limited liability partnership”;

(2) “L.L.P.”; or

(3) “LLP”.

(d) The name of a limited partnership must include:

(1) The words “limited partnership”;

(2) “L.P.”; or

(3) “LP”.

(e) The name of a limited liability limited partnership must include:

(1) The words “limited liability limited partnership”;

(2) “L.L.L.P.”; or

(3) “LLLP”.

(f) (1) The corporate name of a professional corporation must include:

(i) The word “chartered”;

(ii) The abbreviation “chtd.”;

(iii) The words “professional association”;

(iv) The abbreviation “P.A.”;

(v) The words “professional corporation”; or

(vi) The abbreviation “P.C.”.

(2) A professional corporation need not use any word specified under paragraph (1) of this subsection if:

(i) The corporation has registered the name to be used in the manner provided in § 1–406 of this title; and

(ii) The name is the same as its corporate name except for the allowable omissions.

(g) The name of a limited worker cooperative association must include:

(1) The words “limited worker cooperative association”;

(2) L.W.C.A.; or

(3) LWCA.
Md. Code, Financial Institutions § 1-212 — MD Code / Article gfi / Title 1 / Subtitle 2 / Section 1-212
§1–212.
Status: in_force

If a financial institution requires a customer to provide an answer to a security question in connection with the provision of an account, the financial institution shall allow the customer to choose from at least two security questions options for each required security question.
Md. Code, Health Occupations § 1-205 — MD Code / Article gho / Title 1 / Subtitle 2 / Section 1-205
§1–205.
Status: in_force

Each health occupation board may consider regional and national averages of health occupations licensing fees when the board evaluates the amount that constitutes a reasonable fee for the issuance and renewal of licenses and its other services.
Md. Code, Health Occupations § 1-1003 — MD Code / Article gho / Title 1 / Subtitle 10 / Section 1-1003
§1–1003.
Status: in_force

(a) A health care practitioner providing telehealth services shall:

(1) Be held to the same standards of practice that are applicable to in–person health care settings; and

(2) If clinically appropriate for the patient, provide or refer a patient to in–person health care services or another type of telehealth service.

(b) (1) A health care practitioner shall perform a clinical evaluation that is appropriate for the patient and the condition with which the patient presents before providing treatment or issuing a prescription through telehealth.

(2) A health care practitioner may use a synchronous telehealth interaction or an asynchronous telehealth interaction to perform the clinical evaluation required under paragraph (1) of this subsection.

(c) (1) A health care practitioner may not prescribe an opiate described in the list of Schedule II substances under § 5–403 of the Criminal Law Article for the treatment of pain through telehealth, unless:

(i) The individual receiving the prescription is a patient in a health care facility, as defined in § 19–114 of the Health – General Article;

(ii) The Governor has declared a state of emergency due to a catastrophic health emergency; or

(iii) There is an established bona fide practitioner–patient relationship in which the health care practitioner has ongoing responsibility for the assessment, care, and treatment of the patient and the health care practitioner, or another health care practitioner in the same group practice, previously conducted an in–person assessment of the patient.

(2) Subject to paragraph (1) of this subsection, a health care practitioner who through telehealth prescribes a controlled dangerous substance, as defined in § 5–101 of the Criminal Law Article, is subject to any applicable regulation, limitation, and prohibition in federal and State law relating to the prescription of controlled dangerous substances.
Md. Code, Environment § 1-701 — MD Code / Article gen / Title 1 / Subtitle 7 / Section 1-701
§1–701.
Status: in_force

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

(2) “Business organization” means a corporation, business trust, partnership, or any other for–profit entity.

(3) “Commission” means the Commission on Environmental Justice and Sustainable Communities.

(4) “Community listening session” means a public convening to gather information and input from community members.

(5) “Environmental justice” means equal protection from environmental and public health hazards for all people regardless of race, income, culture, and social status.

(6) “Environmental organization” means a nonprofit entity engaged in advocacy, action, education, or job training related to conservation, stewardship of natural resources, pollution reduction, or climate impacts.

(7) “Overburdened community” means any census tract for which three or more of the following environmental health indicators are above the 75th percentile statewide:

(i) Particulate matter (PM) 2.5;

(ii) Ozone;

(iii) National Air Toxics Assessment (NATA) diesel PM;

(iv) NATA cancer risk;

(v) NATA respiratory hazard index;

(vi) Traffic proximity;

(vii) Lead paint indicator;

(viii) National Priorities List Superfund site proximity;

(ix) Risk Management Plan facility proximity;

(x) Hazardous waste proximity;

(xi) Wastewater discharge indicator;

(xii) Proximity to a Concentrated Animal Feeding Operation (CAFO);

(xiii) Percent of the population lacking broadband coverage;

(xiv) Asthma emergency room discharges;

(xv) Myocardial infarction discharges;

(xvi) Low–birth–weight infants;

(xvii) Proximity to emitting power plants;

(xviii) Proximity to a Toxic Release Inventory (TRI) facility;

(xix) Proximity to a brownfields site;

(xx) Proximity to mining operations; and

(xxi) Proximity to a hazardous waste landfill.

(8) “Underserved community” means any census tract in which, according to the most recent U.S. Census Bureau Survey:

(i) At least 25% of the residents qualify as low–income;

(ii) At least 50% of the residents identify as nonwhite; or

(iii) At least 15% of the residents have limited English proficiency.

(b) There is a Commission on Environmental Justice and Sustainable Communities.

(c) (1) The Commission consists of the following members:

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

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

(iii) The Secretary, or the Secretary’s designee;

(iv) The Secretary of Health, or the Secretary’s designee;

(v) The Secretary of Planning, or the Secretary’s designee;

(vi) The Secretary of Commerce, or the Secretary’s designee;

(vii) The Secretary of Housing and Community Development, or the Secretary’s designee;

(viii) The Secretary of Transportation, or the Secretary’s designee;

(ix) The following members appointed by the Governor:

1. At least one representative from a community disproportionately impacted by environmental and public health hazards;

2. One representative of a business organization;

3. One representative of an environmental organization;

4. One representative who is a health expert on environmental justice issues; and

5. One representative of an academic institution with an environmental justice institute or similar program;

(x) The following members appointed jointly by the President of the Senate and the Speaker of the House:

1. At least three representatives from communities disproportionately impacted by environmental and public health hazards that represent the geographic diversity of the State;

2. One representative of a business organization;

3. One representative of an environmental organization; and

4. One representative who is a health expert on environmental justice issues;

(xi) One representative of local government, designated by the Maryland Association of Counties;

(xii) One representative of local government, designated by the Maryland Municipal League; and

(xiii) Two representatives of a labor union, designated by the Maryland State and D.C. AFL–CIO.

(2) To the extent practicable, the membership of the Commission shall reflect the racial, gender, ethnic, and geographic diversity of the State, according to the most recent available census data.

(d) (1) The term of a member appointed by the Governor or the President of the Senate and the Speaker of the House is 3 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.

(4) A member may not be appointed to more than two consecutive terms.

(5) The Department shall provide a new Commission member with an orientation that reviews:

(i) Environmental justice issues in the State; and

(ii) Previous work of the Commission.

(e) The Commission shall elect a chair from among its members.

(f) (1) The Department shall provide staff for the Commission.

(2) The staffing responsibilities of the Department shall include:

(i) Conducting research and gathering data at the direction of the Commission;

(ii) Arranging and staffing Commission meetings;

(iii) Serving as an informed resource for the chair and members; and

(iv) Managing, implementing, and carrying out the Commission’s work to achieve its mission and overall purpose.

(g) (1) (i) The Commission shall:

1. Meet at least six times per calendar year; and

2. Host at least four community listening sessions per calendar year in communities disproportionately impacted by environmental and public health hazards, with a majority of the members of the Commission present at each community listening session.

(ii) Of the meetings and community listening sessions required under subparagraph (i) of this paragraph, the Commission shall establish rotating meeting or community listening session locations in different geographic locations of the State, including:

1. At least one in a rural location of the State; and

2. At least one in an urban location of the State.

(iii) The meetings and community listening sessions required under subparagraph (i) of this paragraph shall be reasonably accessible to all attendees, including persons with:

1. Limited English proficiency; and

2. Disabilities.

(iv) The Department shall post notice of the time and location of a meeting or community listening session required under subparagraph (i) of this paragraph on its website at least 30 days before the meeting or community listening session.

(2) A majority of members of the Commission shall constitute a quorum for the transaction of business.

(3) A member of the Commission:

(i) May not receive compensation as a member of the Commission; but

(ii) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(4) A member of the Commission may not represent more than one entity or group.

(h) The Commission shall:

(1) Advise State government agencies on environmental justice and related community issues;

(2) Use data sets and mapping tools to review and analyze the impact of current State and local laws, permits, actions, and policies on the issue of environmental justice and sustainable communities, including cumulative impacts, effects, and exposure;

(3) Assess the adequacy of State and local government laws to address the issue of environmental justice and sustainable communities, including assessing compliance with Title VI of the federal Civil Rights Act of 1964;

(4) Coordinate with the Children’s Environmental Health and Protection Advisory Council, the Maryland Office of Minority Health and Health Disparities, and the Commission on Climate Change on recommendations related to environmental justice and sustainable communities;

(5) In accordance with § 1–702 of this subtitle, coordinate with the Department on:

(i) The adoption of a methodology for identifying communities disproportionately affected by climate impacts;

(ii) The development of specific strategies to address geographical impact concerns, reduce emissions of greenhouse gases and co–pollutants, and build climate equity and resilience within disproportionately affected communities; and

(iii) The establishment of goals for the percentage of State funding for greenhouse gas emission reduction measures that should be used for the benefit of disproportionately affected communities;

(6) Recommend options to the Governor and the General Assembly for addressing issues, concerns, or problems related to environmental justice that surface after reviewing State laws and policies, including prioritizing areas of the State that need immediate attention; and

(7) Recommend options to the Secretary for ensuring that the Department is making progress in advancing the human right to safe, clean, affordable, and accessible water for consumption, cooking, sanitation, health, and recreation purposes.

(i) On or before October 1 of each year, the Commission shall report its findings and recommendations to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly.
Md. Code, Commercial Law § 1-201 — MD Code / Article gcl / Title 1 / Subtitle 2 / Section 1-201
§1–201.
Status: in_force

(a) Unless the context otherwise requires, words or phrases defined in this section, or in the additional definitions contained in other titles of the Maryland Uniform Commercial Code that apply to particular titles or parts of titles of the Maryland Uniform Commercial Code, have the meanings stated.

(b) Subject to definitions contained in other articles of the Maryland Uniform Commercial Code that apply to particular titles or parts of titles of the Maryland Uniform Commercial Code:

(1) “Action”, in the sense of a judicial proceeding, includes recoupment, counterclaim, set–off, suit in equity, and any other proceeding in which rights are determined.

(2) “Aggrieved party” means a party entitled to pursue a remedy.

(3) “Agreement”, as distinguished from “contract”, means the bargain of the parties in fact, as found in their language or inferred from other circumstances, including course of performance, course of dealing, or usage of trade as provided in § 1–303 of this title.

(4) “Bank” means a person engaged in the business of banking and includes a savings bank, savings and loan association, credit union, and trust company.

(5) “Bearer” means a person in possession of a negotiable instrument, document of title, or certificated security that is payable to bearer or endorsed in blank.

(6) “Bill of lading” means a document evidencing the receipt of goods for shipment issued by a person engaged in the business of transporting or forwarding goods.

(7) “Branch” includes a separately incorporated foreign branch of a bank.

(8) “Burden of establishing” a fact means the burden of persuading the trier of fact that the existence of the fact is more probable than its nonexistence.

(9) “Buyer in ordinary course of business” means a person that buys goods in good faith, without knowledge that the sale violates the rights of another person in the goods, and in the ordinary course from a person, other than a pawnbroker, in the business of selling goods of that kind. A person buys goods in the ordinary course if the sale to the person comports with the usual or customary practices in the kind of business in which the seller is engaged or with the seller’s own usual or customary practices. A person that sells oil, gas, or other minerals at the wellhead or minehead is a person in the business of selling goods of that kind. A buyer in ordinary course of business may buy for cash, by exchange of other property, or on secured or unsecured credit, and may acquire goods or documents of title under a preexisting contract for sale. Only a buyer that takes possession of the goods or has a right to recover the goods from the seller under Title 2 of this article may be a buyer in ordinary course of business. “Buyer in ordinary course of business” does not include a person that acquires goods in a transfer in bulk or as security for or in total or partial satisfaction of a money debt.

(10) “Conspicuous”, with reference to a term, means so written, displayed, or presented that a reasonable person against which it is to operate ought to have noticed it. Whether a term is “conspicuous” or not is a decision for the court. Conspicuous terms include the following:

(i) A heading in capitals equal to or greater in size than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same or lesser size; and

(ii) Language in the body of a record or display in larger type than the surrounding text, or in contrasting type, font, or color to the surrounding text of the same size, or set off from surrounding text of the same size by symbols or other marks that call attention to the language.

(11) “Consumer” means an individual who enters into a transaction primarily for personal, family, or household purposes.

(12) “Contract”, as distinguished from “agreement”, means the total legal obligation that results from the parties’ agreement as determined by the Maryland Uniform Commercial Code as supplemented by any other applicable laws.

(13) “Creditor” includes a general creditor, a secured creditor, a lien creditor, and any representative of creditors, including an assignee for the benefit of creditors, a trustee in bankruptcy, a receiver in equity, and an executor or administrator of an insolvent debtor’s or assignor’s estate.

(14) “Defendant” includes a person in the position of defendant in a counterclaim, cross–claim, or third–party claim.

(15) “Delivery”, with respect to an instrument, document of title, or chattel paper, means voluntary transfer of possession.

(16) “Document of title” includes a bill of lading, dock warrant, dock receipt, warehouse receipt or order for the delivery of goods, and also any other document which in the regular course of business or financing is treated as adequately evidencing that the person in possession of the document is entitled to receive, hold, and dispose of the document and the goods it covers. To be a document of title, a document must purport to be issued by or addressed to a bailee and purport to cover goods in the bailee’s possession which are either identified or are fungible portions of an identified mass.

(17) “Fault” means a default, breach, or wrongful act or omission.

(18) “Fungible goods” means:

(i) Goods of which any unit, by nature or usage of trade, is the equivalent of any other like unit; or

(ii) Goods that by agreement are treated as equivalent.

(19) “Genuine” means free of forgery or counterfeiting.

(20) “Good faith” means honesty in fact in the conduct or transaction concerned.

(21) “Holder” means:

(i) The person in possession of a negotiable instrument that is payable either to bearer or to an identified person that is the person in possession; or

(ii) The person in possession of a document of title if the goods are deliverable either to bearer or to the order of the person in possession.

(22) “Insolvency proceeding” includes an assignment for the benefit of creditors or other proceeding intended to liquidate or rehabilitate the estate of the person involved.

(23) “Insolvent” means:

(i) Having generally ceased to pay debts in the ordinary course of business other than as a result of bona fide dispute;

(ii) Being unable to pay debts as they become due; or

(iii) Being insolvent within the meaning of federal bankruptcy law.

(24) “Money” means a medium of exchange currently authorized or adopted by a domestic or foreign government. The term includes a monetary unit of account established by an intergovernmental organization or by agreement between two or more countries.

(25) “Organization” means a person other than an individual.

(26) “Party”, as distinguished from “third party”, means a person that has engaged in a transaction or made an agreement subject to the Maryland Uniform Commercial Code.

(27) “Person” means an individual, corporation, business trust, estate, trust, partnership, limited liability company, association, joint venture, government, governmental subdivision, agency, or instrumentality, public corporation, or any other legal or commercial entity.

(28) “Present value” means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain by use of either an interest rate specified by the parties if that rate is not manifestly unreasonable at the time the transaction is entered into or, if an interest rate is not so specified, a commercially reasonable rate that takes into account the facts and circumstances at the time the transaction is entered into.

(29) “Purchase” means taking by sale, lease, discount, negotiation, mortgage, pledge, lien, security interest, issue or reissue, gift, or any other voluntary transaction creating an interest in property.

(30) “Purchaser” means a person that takes by purchase.

(31) “Record” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(32) “Remedy” means any remedial right to which an aggrieved party is entitled with or without resort to a tribunal.

(33) “Representative” means a person empowered to act for another, including an agent, an officer of a corporation or association, and a trustee, executor, or administrator of an estate.

(34) “Right” includes remedy.

(35) “Security interest” means an interest in personal property or fixtures that secures payment or performance of an obligation. “Security interest” includes any interest of a consignor and a buyer of accounts, chattel paper, a payment intangible, or a promissory note in a transaction that is subject to Title 9 of this article. “Security interest” does not include the special property interest of a buyer of goods on identification of those goods to a contract for sale under § 2–401 of this article, but a buyer may also acquire a “security interest” by complying with Title 9 of this article. Except as otherwise provided in § 2–505 of this article, the right of a seller or lessor of goods under Title 2 or Title 2A of this article to retain or acquire possession of the goods is not a “security interest”, but a seller or lessor may also acquire a “security interest” by complying with Title 9 of this article. The retention or reservation of title by a seller of goods notwithstanding shipment or delivery to the buyer under § 2–401 of this article is limited in effect to a reservation of a “security interest”. Whether a transaction in the form of a lease creates a “security interest” is determined pursuant to § 1–203 of this subtitle.

(36) “Send” in connection with a writing, record, or notice means:

(i) To deposit in the mail or deliver for transmission by any other usual means of communication with postage or cost of transmission provided for and properly addressed and, in the case of an instrument, to an address specified thereon or otherwise agreed or, if there be none, to any address reasonable under the circumstances; or

(ii) In any other way to cause to be received any record or notice within the time it would have arrived if properly sent.

(37) “Signed” includes using any symbol executed or adopted with present intention to adopt or accept a writing.

(38) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.

(39) “Surety” includes a guarantor or other secondary obligor.

(40) “Term” means a portion of an agreement that relates to a particular matter.

(41) “Unauthorized signature” means a signature made without actual, implied, or apparent authority. The term includes a forgery.

(42) “Warehouse receipt” means a receipt issued by a person engaged in the business of storing goods for hire.

(43) “Writing” includes printing, typewriting, or any other intentional reduction to tangible form. “Written” has a corresponding meaning.
Md. Code, Health Occupations § 1-212 — MD Code / Article gho / Title 1 / Subtitle 2 / Section 1-212
§1–212.
Status: in_force

(a) Each health occupations board authorized to issue a license or certificate under this article shall adopt regulations that:

(1) Prohibit sexual misconduct; and

(2) Provide for the discipline of a licensee or certificate holder found to be guilty of sexual misconduct.

(b) For the purposes of the regulations adopted in accordance with subsection (a) of this section, “sexual misconduct” shall be construed to include, at a minimum, behavior where a health care provider:

(1) Has engaged in sexual behavior with a client or patient in the context of a professional evaluation, treatment, procedure, or other service to the client or patient, regardless of the setting in which professional service is provided;

(2) Has engaged in sexual behavior with a client or patient under the pretense of diagnostic or therapeutic intent or benefit; or

(3) Has engaged in any sexual behavior that would be considered unethical or unprofessional according to the code of ethics, professional standards of conduct, or regulations of the appropriate health occupations board under this article.

(c) Subject to the provisions of the law governing contested cases, if an applicant, licensee, or certificate holder violates a regulation adopted under subsection (a) of this section a board may:

(1) Deny a license or certificate to the applicant;

(2) Reprimand the licensee or certificate holder;

(3) Place the licensee or certificate holder on probation; or

(4) Suspend or revoke the license or certificate.

(d) This section does not negate any other disciplinary action under a health occupations board’s statutory or regulatory provisions.

(e) (1) (i) Each year, each health occupations board shall submit a statistical report to the Secretary, indicating:

1. The number of complaints of sexual misconduct received;

2. The number of licensees, certificate holders, and complainants involved in the complaints of sexual misconduct listed separately by category;

3. The number of complaints of sexual misconduct still under investigation;

4. The number of complaints of sexual misconduct that were closed with no disciplinary action;

5. The number of complaints of sexual misconduct that resulted in informal or nonpublic action;

6. The number of complaints of sexual misconduct that were referred to the Office of the Attorney General for prosecutorial action;

7. The number of complaints of sexual misconduct that resulted in each of the following:

A. License revocation;

B. Suspension;

C. Probation;

D. Reprimand; and

E. Denial of licensure;

8. The number of complaints of sexual misconduct that were forwarded to law enforcement for possible criminal prosecution; and

9. For any other actions taken regarding complaints of sexual misconduct, a detailed breakdown of the types of actions taken.

(ii) The report shall cover the period beginning October 1 and ending the following September 30 and shall be submitted by the board not later than the November 15 following the reporting period.

(2) The Secretary shall compile the information received from the health occupations boards and submit an annual report to the General Assembly, in accordance with § 2–1257 of the State Government Article, not later than December 31 of each year.
Md. Code, Corporations and Associations § 1-101 — MD Code / Article gca / Title 1 / Subtitle 1 / Section 1-101
§1–101.
Status: in_force

§1–101. IN EFFECT

(a) In this article, unless the context clearly requires otherwise, the following words have the meanings indicated.

(b) “Address” means the post office address, and includes street and number, if any, county or municipal area, and state and, if outside the United States, country.

(c) “Articles of transfer” means articles of sale, articles of lease, articles of asset exchange, or articles of transfer.

(d) “Assets” means any tangible, intangible, real, or personal property or other assets, including goodwill and franchises.

(e) “Business trust” means an unincorporated trust or association, including a common–law trust, a Massachusetts trust, a real estate investment trust as defined in § 8–101 of this article, a statutory trust as defined in § 12–101 of this article, and a foreign statutory trust as defined in § 12–101 of this article, that is engaged in business and in which property is acquired, held, managed, administered, controlled, invested, or disposed of by trustees or the trust for the benefit and profit of any person who may become a holder of a transferable unit of beneficial interest in the trust.

(f) (1) “Charter” includes:

(i) A charter granted by special act of the General Assembly;

(ii) Articles or certificate of incorporation;

(iii) Amended articles or certificate of incorporation;

(iv) Articles of restatement;

(v) Articles of amendment and restatement; and

(vi) Articles or agreements of consolidation.

(2) “Charter” includes the documents referred to in paragraph (1) of this subsection, either as:

(i) Originally passed or accepted for record; or

(ii) Amended, corrected, or supplemented by special act of the General Assembly, articles of amendment, articles of amendment and reduction, articles of extension, articles supplementary, articles or agreements of merger, articles of revival, a certificate of correction, or articles of validation.

(g) “Charter document” means any:

(1) Document enumerated in subsection (f) of this section; and

(2) Articles of reduction, articles of transfer, articles of merger, articles of share exchange, articles of conversion, articles of dissolution, and stock issuance statements.

(h) “Clerk of the court” means clerk of the circuit court for any county.

(i) “Convertible securities” includes:

(1) Shares of stock which by their terms are convertible into shares of stock of one or more classes; and

(2) Obligations which by their terms are convertible into shares of stock of one or more classes.

(j) “County” includes Baltimore City.

(k) “Department” means the State Department of Assessments and Taxation.

(l) “Director” means a member of the governing body of a corporation, whether designated as a director, trustee, or manager or by any other title.

(m) (1) “Electronic transmission” means any form of communication, not directly involving the physical transmission of paper, that creates a record that:

(i) May be retained, retrieved, and reviewed by a recipient of the communication; and

(ii) May be reproduced directly in paper form by a recipient through an automated process.

(2) “Electronic transmission” includes:

(i) Electronic mail;

(ii) Facsimile transmission;

(iii) Internet transmission; and

(iv) The use of or participation in one or more electronic networks or databases, including one or more distributed electronic networks or databases.

(n) “Entire board of directors” means the number of individuals who are directors of the corporation.

(o) “Foreign corporation” means a corporation, association, or joint–stock company organized under the laws of the United States, another state of the United States, a territory, possession, or district of the United States, or a foreign country.

(p) “Governing document” means:

(1) The charter and the bylaws of a Maryland corporation or a foreign corporation;

(2) The articles of organization or certificate of formation and the operating agreement or limited liability company agreement of a domestic limited liability company or a foreign limited liability company;

(3) The partnership agreement of an other entity that is a partnership or limited partnership, any statement of partnership authority of a partnership, the certificate of limited partnership of a limited partnership, and the certificate of limited liability partnership of a limited liability partnership;

(4) The declaration of trust or governing instrument of a business trust or a real estate investment trust; or

(5) A similar governing document or instrument of any other type of entity.

(q) “Internal corporate claim” means a claim, including a claim brought by or in the right of a corporation:

(1) Based on an alleged breach by a director, an officer, or a stockholder of a duty owed to the corporation or the stockholders of the corporation or a standard of conduct applicable to directors;

(2) Arising under this article; or

(3) Arising under the charter or bylaws of the corporation.

(r) “Mail” means to deposit in the United States mails postage prepaid.

(s) “Maryland corporation” means a corporation organized and existing under the laws of this State.

(t) “Municipal area” means any incorporated or unincorporated city, town, or village.

(u) “Person” includes an individual and a domestic or foreign corporation, business trust, statutory trust, estate, trust, partnership, limited partnership, limited liability company, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(v) “Preclearance” means review of the sufficiency of a document or a draft of a document listed in § 1–203(b)(1) or (4) of this title by an authorized agent of the Department before the document is filed with the Department.

(w) “Principal office” means:

(1) The place in this State filed or recorded with the Department as the principal office of a Maryland corporation, limited liability company, limited liability partnership, or limited partnership; or

(2) If there is no principal office designated, the main office of the Maryland corporation, limited liability company, limited liability partnership, or limited partnership in this State for the transaction of business.

(x) “Resident agent” means an individual residing in this State or a Maryland corporation, limited liability company, or limited partnership whose name, address, and designation as a resident agent are filed or recorded with the Department in accordance with the provisions of this article.

(y) “Share exchange” means a transaction:

(1) In which a corporation acquires all the issued or all the outstanding shares of stock of one or more classes of another corporation by a stockholder vote under this article; and

(2) Which does not affect the corporate existence of either corporation.

(z) (1) “Sign” means:

(i) To execute or otherwise adopt a name, symbol, word, mark, or process; and

(ii) With the present intent to authenticate or adopt a record or identify oneself.

(2) “Sign” includes:

(i) A manual signature;

(ii) A facsimile signature;

(iii) A conformed signature; and

(iv) An electronic signature.

(aa) “Stated capital” means the amount of stated capital determined in accordance with Title 2, Subtitle 3 of this article.

(bb) “Stockholder” means a person who is a record holder of shares of stock in a corporation and includes a member of a corporation organized without stock.

(cc) “Stockholder rights plan” means an agreement or other instrument under which a corporation issues rights to its stockholders that:

(1) May be exercised under specified circumstances to purchase stock or other securities of a corporation or any other person; and

(2) May become void if owned by a designated person or classes of persons under specified circumstances.

(dd) “Successor” means:

(1) A new corporation formed by consolidation;

(2) A corporation or other entity surviving a merger;

(3) A corporation acquiring stock in a share exchange; or

(4) A vendee, lessee, or other transferee in a transfer of assets.

(ee) “Transfer assets”, “transfer its assets”, and “transfer of assets” mean to sell, lease, exchange, or otherwise transfer all or substantially all of the assets of a corporation.

§1–101. ** TAKES EFFECT OCTOBER 1, 2026 PER CHAPTERS 198 AND 199 OF 2025 **

(a) In this article, unless the context clearly requires otherwise, the following words have the meanings indicated.

(b) “Address” means the post office address, and includes street and number, if any, county or municipal area, and state and, if outside the United States, country.

(c) “Articles of transfer” means articles of sale, articles of lease, articles of asset exchange, or articles of transfer.

(d) “Assets” means any tangible, intangible, real, or personal property or other assets, including goodwill and franchises.

(e) “Business trust” means an unincorporated trust or association, including a common–law trust, a Massachusetts trust, a real estate investment trust as defined in § 8–101 of this article, a statutory trust as defined in § 12–101 of this article, and a foreign statutory trust as defined in § 12–101 of this article, that is engaged in business and in which property is acquired, held, managed, administered, controlled, invested, or disposed of by trustees or the trust for the benefit and profit of any person who may become a holder of a transferable unit of beneficial interest in the trust.

(f) (1) “Charter” includes:

(i) A charter granted by special act of the General Assembly;

(ii) Articles or certificate of incorporation;

(iii) Amended articles or certificate of incorporation;

(iv) Articles of restatement;

(v) Articles of amendment and restatement; and

(vi) Articles or agreements of consolidation.

(2) “Charter” includes the documents referred to in paragraph (1) of this subsection, either as:

(i) Originally passed or accepted for record; or

(ii) Amended, corrected, or supplemented by special act of the General Assembly, articles of amendment, articles of amendment and reduction, articles of extension, articles supplementary, articles or agreements of merger, articles of revival, a certificate of correction, or articles of validation.

(g) “Charter document” means any:

(1) Document enumerated in subsection (f) of this section; and

(2) Articles of reduction, articles of transfer, articles of merger, articles of share exchange, articles of conversion, articles of dissolution, and stock issuance statements.

(h) “Clerk of the court” means clerk of the circuit court for any county.

(i) “Convertible securities” includes:

(1) Shares of stock which by their terms are convertible into shares of stock of one or more classes; and

(2) Obligations which by their terms are convertible into shares of stock of one or more classes.

(j) “County” includes Baltimore City.

(k) “Department” means the State Department of Assessments and Taxation.

(l) “Director” means a member of the governing body of a corporation, whether designated as a director, trustee, or manager or by any other title.

(m) (1) “Electronic transmission” means any form of communication, not directly involving the physical transmission of paper, that creates a record that:

(i) May be retained, retrieved, and reviewed by a recipient of the communication; and

(ii) May be reproduced directly in paper form by a recipient through an automated process.

(2) “Electronic transmission” includes:

(i) Electronic mail;

(ii) Facsimile transmission;

(iii) Internet transmission; and

(iv) The use of or participation in one or more electronic networks or databases, including one or more distributed electronic networks or databases.

(n) “Entire board of directors” means the number of individuals who are directors of the corporation.

(o) “Foreign corporation” means a corporation, association, or joint–stock company organized under the laws of the United States, another state of the United States, a territory, possession, or district of the United States, or a foreign country.

(p) “Governing document” means:

(1) The charter and the bylaws of a Maryland corporation or a foreign corporation;

(2) The articles of organization or certificate of formation and the operating agreement or limited liability company agreement of a domestic limited liability company or a foreign limited liability company;

(3) The partnership agreement of an other entity that is a partnership or limited partnership, any statement of partnership authority of a partnership, the certificate of limited partnership of a limited partnership, and the certificate of limited liability partnership of a limited liability partnership;

(4) The declaration of trust or governing instrument of a business trust or a real estate investment trust;

(5) The articles of organization and the cooperative agreement of a limited worker cooperative association; or

(6) A similar governing document or instrument of any other type of entity.

(q) “Internal corporate claim” means a claim, including a claim brought by or in the right of a corporation:

(1) Based on an alleged breach by a director, an officer, or a stockholder of a duty owed to the corporation or the stockholders of the corporation or a standard of conduct applicable to directors;

(2) Arising under this article; or

(3) Arising under the charter or bylaws of the corporation.

(r) “Mail” means to deposit in the United States mails postage prepaid.

(s) “Maryland corporation” means a corporation organized and existing under the laws of this State.

(t) “Municipal area” means any incorporated or unincorporated city, town, or village.

(u) “Person” includes an individual and a domestic or foreign corporation, business trust, statutory trust, estate, trust, partnership, limited partnership, limited liability company, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(v) “Preclearance” means review of the sufficiency of a document or a draft of a document listed in § 1–203(b)(1) or (4) of this title by an authorized agent of the Department before the document is filed with the Department.

(w) “Principal office” means:

(1) The place in this State filed or recorded with the Department as the principal office of a Maryland corporation, limited liability company, limited liability partnership, or limited partnership; or

(2) If there is no principal office designated, the main office of the Maryland corporation, limited liability company, limited liability partnership, or limited partnership in this State for the transaction of business.

(x) “Resident agent” means an individual residing in this State or a Maryland corporation, limited liability company, or limited partnership whose name, address, and designation as a resident agent are filed or recorded with the Department in accordance with the provisions of this article.

(y) “Share exchange” means a transaction:

(1) In which a corporation acquires all the issued or all the outstanding shares of stock of one or more classes of another corporation by a stockholder vote under this article; and

(2) Which does not affect the corporate existence of either corporation.

(z) (1) “Sign” means:

(i) To execute or otherwise adopt a name, symbol, word, mark, or process; and

(ii) With the present intent to authenticate or adopt a record or identify oneself.

(2) “Sign” includes:

(i) A manual signature;

(ii) A facsimile signature;

(iii) A conformed signature; and

(iv) An electronic signature.

(aa) “Stated capital” means the amount of stated capital determined in accordance with Title 2, Subtitle 3 of this article.

(bb) “Stockholder” means a person who is a record holder of shares of stock in a corporation and includes a member of a corporation organized without stock.

(cc) “Stockholder rights plan” means an agreement or other instrument under which a corporation issues rights to its stockholders that:

(1) May be exercised under specified circumstances to purchase stock or other securities of a corporation or any other person; and

(2) May become void if owned by a designated person or classes of persons under specified circumstances.

(dd) “Successor” means:

(1) A new corporation formed by consolidation;

(2) A corporation or other entity surviving a merger;

(3) A corporation acquiring stock in a share exchange; or

(4) A vendee, lessee, or other transferee in a transfer of assets.

(ee) “Transfer assets”, “transfer its assets”, and “transfer of assets” mean to sell, lease, exchange, or otherwise transfer all or substantially all of the assets of a corporation.
Md. Code, Local Government § 1-301 — MD Code / Article glg / Title 1 / Subtitle 3 / Section 1-301
§1–301.
Status: in_force

This subtitle applies to the following governmental entities:

(1) counties;

(2) municipalities;

(3) bicounty or multicounty agencies;

(4) county boards of education;

(5) public authorities;

(6) special taxing districts; and

(7) other public entities whose employees are not covered by § 2–304 of the State Personnel and Pensions Article.
Md. Code, Local Government § 1-1205 — MD Code / Article glg / Title 1 / Subtitle 12 / Section 1-1205
§1–1205.
Status: in_force

(a) (1) Except as otherwise provided in paragraph (2) of this subsection, a person who receives a citation under this subtitle may elect to stand trial for the violation by filing a notice of intention to stand trial with the county health officer at least 5 days before the date set in the citation for the payment of the civil penalty.

(2) In Cecil County, a person who receives a citation under this subtitle may elect to stand trial for the violation by filing a notice of intention to stand trial and a copy of the citation with the District Court at least 5 days before the date set in the citation for payment of the civil penalty.

(b) After receiving a notice of intention to stand trial under subsection (a)(1) of this section, the county health officer shall forward the notice and a copy of the citation to the District Court.

(c) After receiving the citation and notice, the District Court shall schedule the case for trial and notify the defendant of the trial date.
Md. Code, Courts and Judicial Proceedings § 1-702 — MD Code / Article gcj / Title 1 / Subtitle 7 / Section 1-702
§1–702.
Status: in_force

(a) Subject to the provisions of § 1–701 of this subtitle, a justice or judge shall have the salary provided in the State budget.

(b) The Chief Judge of the District Court, during the period he serves as Chief Judge, shall have a salary equivalent to the annual salary then payable to an associate judge of the Appellate Court of Maryland.
Md. Code, Alcoholic Beverages and Cannabis § 1-202 — MD Code / Article gab / Title 1 / Subtitle 2 / Section 1-202
§1–202.
Status: in_force

(a) To the extent that a statement of a general rule of law conflicts or is inconsistent with an exception or a qualification applicable to a special area, particular person, or set of circumstances, the exception or qualification prevails.

(b) A provision in Division II of this article prevails over a conflicting or inconsistent provision in Division I of this article or a provision in the Tax – General Article relating to alcoholic beverages.

(c) A provision in Division III of this article prevails over a conflicting or inconsistent provision in Division I or Division II of this article or a provision in the Tax – General Article relating to cannabis.
Md. Code, Public Safety § 1-202 — MD Code / Article gps / Title 1 / Subtitle 2 / Section 1-202
§1–202.
Status: in_force

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

(2) (i) “Child” means a natural or adopted, legitimate or illegitimate child or stepchild of the decedent.

(ii) “Child” includes a child or stepchild born posthumously.

(3) “Correctional officer” has the meaning stated in § 8–201(e)(1) of the Correctional Services Article.

(4) “Emergency medical services provider” has the meaning stated in § 13–516 of the Education Article.

(5) “Hazardous material” means any substance regulated as a hazardous material under Title 49 of the Code of Federal Regulations.

(6) “Hazardous material response team employee” means an employee of the Department of the Environment or a local government agency who is on call 24 hours a day to provide emergency response to a discharge of oil or a release of hazardous material or other emergency response activity.

(7) (i) “Law enforcement officer” has the meaning stated in § 1–101 of this title.

(ii) “Law enforcement officer” includes:

1. an officer who serves in a probationary status; and

2. an officer who serves at the pleasure of the appointing authority of a county or municipal corporation.

(8) “9–1–1 specialist” has the meaning stated in § 1–301 of this title.

(9) “Performance of duties” includes, in the case of a volunteer or career firefighter, public safety aviation employee, rescue squad member, or hazardous material response team employee:

(i) actively participating in fighting a fire;

(ii) going to or from a fire;

(iii) performing other duties necessary to the operation or maintenance of the fire company;

(iv) actively participating in the ambulance, advanced life support, or rescue work of an advanced life support unit or a fire, ambulance, or rescue company, including going to or from an emergency or rescue;

(v) providing emergency or rescue assistance, whether acting alone or at the direction of or with a fire, ambulance, or rescue company or advanced life support unit;

(vi) actively participating in flight operations as a crew member in a rotary or fixed wing aircraft; and

(vii) providing emergency response to a discharge of oil or a release of hazardous material or other emergency response activity.

(10) “Public safety aviation employee” includes a pilot and aviation maintenance technician employed by the State.

(11) “Stepchild” means a child of the surviving spouse who was living with or dependent for support on the decedent at the time of the decedent’s death.

(a–1) For purposes of this section, an individual served in the Afghanistan or Iraq conflict if the individual was a member of the uniformed services who served in:

(1) Afghanistan or contiguous air space, as defined in federal regulations, on or after October 24, 2001, and before a terminal date to be prescribed by the United States Secretary of Defense; or

(2) Iraq or contiguous waters or air space, as defined in federal regulations, on or after March 19, 2003, and before a terminal date to be prescribed by the United States Secretary of Defense.

(b) (1) Except as provided in subsections (g)(3) and (k) of this section and subject to subsections (c) and (f) of this section and paragraphs (2) and (3) of this subsection, a death benefit of $125,000 shall be paid to the surviving spouse, child, dependent parent, or estate of each of the following individuals who is killed or dies in the performance of duties on or after January 1, 2006:

(i) a law enforcement officer;

(ii) a correctional officer;

(iii) a volunteer or career firefighter or rescue squad member;

(iv) a sworn member of the office of State Fire Marshal;

(v) a public safety aviation employee;

(vi) a Maryland resident who was a member of the uniform services of the United States serving in the Afghanistan or Iraq conflict;

(vii) a hazardous material response team employee; or

(viii) a 9–1–1 specialist.

(2) For fiscal year 2009, and for each following fiscal year, the death benefit provided in the prior fiscal year shall be adjusted by any change in the calendar year preceding the fiscal year in the Consumer Price Index (All Urban Consumers – United States City Average – All Items), as published by the United States Bureau of Labor Statistics.

(3) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, an application for a death benefit under this subsection shall be submitted within 3 years after the death of the decedent.

(ii) If the decedent died before June 1, 2010, an application for a death benefit under this subsection shall be submitted on or before May 31, 2013.

(iii) An application for a death benefit under subsection (g)(3) of this section shall be submitted within 3 years of the finding of evidence that the death of the decedent resulted from an act committed against the decedent by another due to the nature and performance of the decedent’s duties.

(4) A death benefit under this subsection is in addition to:

(i) any workers’ compensation benefits;

(ii) the proceeds of any form of life insurance, regardless of who paid the premiums on the insurance; and

(iii) the funeral benefit provided under subsection (d) of this section.

(5) On receiving notice of the death of an individual described in paragraph (1) of this subsection, the Department of Public Safety and Correctional Services shall take reasonable steps to notify potential recipients of the potential death benefits available under this subsection:

(i) when the Department receives notice of the death; and

(ii) again 1 year after the date of the death, if an application for a death benefit with respect to the death of the decedent has not been submitted.

(c) (1) Whenever an individual identified in subsection (b)(1)(i) through (v) and (vii) of this section dies as the direct and proximate result of a heart attack or stroke, the individual shall be presumed to have died as a direct and proximate result of a personal injury sustained in the performance of duties if:

(i) the individual, while on duty:

1. engaged in a situation that involved nonroutine stressful or strenuous physical law enforcement, fire suppression, rescue, response to a discharge of oil or a release of hazardous material, emergency medical services, prison security, disaster relief, flight operations as a crew member in a rotary or fixed wing aircraft, or other emergency response activity; or

2. participated in a training exercise that involved nonroutine stressful or strenuous physical activity;

(ii) the individual died as a result of a heart attack or stroke that the individual suffered:

1. while engaging or participating in an activity described in item (i)1 or 2 of this paragraph;

2. while still on duty after engaging or participating in an activity described in item (i)1 or 2 of this paragraph; or

3. not later than 24 hours after engaging or participating in an activity described in item (i)1 or 2 of this paragraph; and

(iii) the presumption is not overcome by competent medical evidence to the contrary.

(2) For purposes of paragraph (1) of this subsection, nonroutine stressful or strenuous physical activity does not include actions of a clerical, administrative, or nonmanual nature.

(d) (1) Except as provided in subsection (k) of this section, reasonable funeral expenses, not exceeding $25,000, shall be paid to the surviving spouse, child, parent, or estate of each of the following individuals who is killed or dies in the performance of duties:

(i) a law enforcement officer;

(ii) a correctional officer;

(iii) a volunteer or career firefighter or rescue squad member;

(iv) a public safety aviation employee;

(v) a sworn member of the office of State Fire Marshal; or

(vi) a hazardous material response team employee.

(2) For fiscal year 2026 and each fiscal year thereafter, the funeral benefit provided in the prior fiscal year shall be adjusted by any change in the calendar year preceding the fiscal year in the Consumer Price Index (All Urban Consumers – United States City Average – All Items), as published by the United States Bureau of Labor Statistics.

(e) (1) The Secretary of State shall issue a State flag to the family of a firefighter, policeman, member of the uniformed services, sworn member of the office of State Fire Marshal, or professional or volunteer emergency medical services provider who is killed in the performance of duty.

(2) (i) Except when the deceased is a member of the uniformed services, the flag shall be presented to the family of the deceased by the State Senator of the legislative district in which the deceased resided or served.

(ii) When the deceased is a member of the uniformed services, the flag shall be presented to the family of the deceased by the Department of Veterans and Military Families.

(f) An individual identified in subsection (b)(1)(i) through (viii) of this section shall be presumed to have died as a direct and proximate result of an injury sustained in the performance of duties if:

(1) (i) the individual was diagnosed by a licensed medical or mental health professional with post–traumatic stress disorder, acute stress disorder, or a trauma– and stress–related disorder; and

(ii) the diagnosis under item (i) of this item resulted due to the nature and performance of the individual’s duties; and

(2) the individual’s death occurs by suicide.

(g) On a case–by–case basis, the Secretary of Public Safety and Correctional Services may award a death benefit under this section if:

(1) the decedent’s death was caused by the decedent’s intentional misconduct;

(2) the decedent intended to bring about the decedent’s death;

(3) the decedent’s voluntary intoxication was the proximate cause of the decedent’s death; or

(4) additional evidence arises that the decedent’s death resulted from an act committed against the decedent by another due to the nature and performance of the decedent’s duties.

(h) If the Secretary of Public Safety and Correctional Services determines that the benefits under this section are to be paid, the benefits shall be paid:

(1) to the decedent’s surviving spouse;

(2) if no individual is eligible under item (1) of this subsection, to each surviving child of the decedent in equal shares;

(3) (i) for a death benefit under subsection (b) of this section, if no individual is eligible under item (1) or (2) of this subsection, to the decedent’s surviving parent, if the parent was a dependent as defined in § 152 of the Internal Revenue Code; or

(ii) for any other benefit under this section, if no individual is eligible under item (1) or (2) of this subsection, to the decedent’s surviving parent; or

(4) if no individual is eligible under item (1), (2), or (3) of this subsection, to the decedent’s estate.

(i) Payments under this section shall be made out of money that the Governor includes for that purpose in the State budget.

(j) A person aggrieved by a final decision of the Secretary of Public Safety and Correctional Services under this section may seek judicial review as provided for review of final decisions in Title 10, Subtitle 2 of the State Government Article.

(k) (1) This subsection applies only to a death benefit under subsection (b) of this section or a funeral benefit under subsection (d) of this section payable on behalf of a hazardous material response team employee employed by a local government agency.

(2) (i) A death benefit or funeral benefit may only be paid if the local government agency that employs the hazardous material response team employee maintains in reserve the amount needed to pay for one death benefit and one funeral expense for a hazardous material response team employee.

(ii) If the Secretary of Public Safety and Correctional Services determines that a death benefit or funeral benefit is to be paid, the local government agency that employed the hazardous material response team employee shall pay to the Department of Public Safety and Correctional Services the funds required to pay the benefit.

(3) (i) A local government agency is not required to place funds in reserve under paragraph (2)(i) of this subsection.

(ii) If a local government agency does not place funds in reserve under paragraph (2)(i) of this subsection, a death benefit or funeral benefit as provided for under this subsection may not be paid.