Md. Code, Courts and Judicial Proceedings § 2-210 — MD Code / Article gcj / Title 2 / Subtitle 2 / Section 2-210
§2–210.
Status: in_force

(a) This section applies to all licenses issued by the clerk of a circuit court other than those issued under Title 17 of the Business Regulation Article.

(b) The clerk of a circuit court shall coordinate with the Comptroller regarding:

(1) The number of licenses issued of each grade and kind;

(2) The date each license was issued;

(3) The amount of money received for each license;

(4) The person to whom each license was issued; and

(5) The number, grade, and description of all blank licenses remaining.
Md. Code, Commercial Law § 2A-503 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-503
§2A–503.
Status: in_force

(1) Except as otherwise provided in this title, the lease agreement may include rights and remedies for default in addition to or in substitution for those provided in this title and may limit or alter the measure of damages recoverable under this title.

(2) Resort to a remedy provided under this title or in the lease agreement is optional unless the remedy is expressly agreed to be exclusive. If circumstances cause an exclusive or limited remedy to fail of its essential purpose, or provision for an exclusive remedy is unconscionable, remedy may be had as provided in this title.

(3) Consequential damages may be liquidated under § 2A-504, or may otherwise be limited, altered, or excluded unless the limitation, alteration, or exclusion is unconscionable. Limitation, alteration or exclusion of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation, alteration or exclusion of damages where the loss is commercial is not prima facie unconscionable.

(4) Rights and remedies on default by the lessor or the lessee with respect to any obligation or promise collateral or ancillary to the lease contract are not impaired by this title.
Md. Code, Environment § 2-302 — MD Code / Article gen / Title 2 / Subtitle 3 / Section 2-302
§2–302.
Status: in_force

(a) The Department shall determine and may alter air quality control areas into which this State is divided.

(b) The Department shall adopt rules and regulations that set emission standards and ambient air quality standards for each of the air quality control areas in this State.

(c) (1) Unless a political subdivision requests a more restrictive standard under § 2-104 of this title, the Department shall set ambient air quality standards for pollutants that are identical to the standards for pollutants for which national primary or secondary ambient air quality standards have been set by the federal government.

(2) To protect the public health, the general welfare, and property of the people of this State, the Department may set State ambient air quality standards for substances for which national ambient air quality standards have not been set by the federal government.

(3) If the Secretary finds that transportation through the air is a significant factor in the buildup of a pollutant in a substance other than air and that monitoring the substance facilitates control of the pollutant, a State ambient air quality standard may establish a maximum concentration of the pollutant in that substance.

(d) (1) Except as provided in paragraph (2) of this subsection, if national ambient air quality standards are attained in an air quality control area, the Department shall set emission standards for that area based on the goal of achieving emission levels that are not more restrictive than necessary to attain and maintain the ambient air quality standards in that area.

(2) The limitations of paragraph (1) of this subsection do not apply to the extent that:

(i) A political subdivision requests a more restrictive standard under § 2-104 of this title; or

(ii) New source performance standards, national prevention of significant deterioration requirements, national emission standards for hazardous pollutants, or any other requirements of the federal Clean Air Act apply.

(3) For those emissions for which no national ambient air quality standards have been set, the Secretary may set emission standards and requirements for various classes of sources.
Md. Code, State Government § 2-1244 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1244
§2–1244.
Status: in_force

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

(b) “Director” means the Director of the Office.

(c) “Office” means the Office of Policy Analysis.
Md. Code, State Government § 2-1261 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1261
§2–1261.
Status: in_force

(a) On or before October 31 each year, the Department of Public Safety and Correctional Services shall submit to the Department, in the form of electronic raw data, de–identified and disaggregated by age, race, and sex, information required to be reported to the Governor in accordance with § 3–207(a)(2) of the Correctional Services Article.

(b) (1) On or before November 30 each year, the Department of State Police shall submit to the Department, in a format that the Executive Director requires, the information collected in accordance with § 2–307(a)(2) of the Public Safety Article.

(2) On or before August 1, 2022, the Department of State Police and the Department shall enter into a memorandum of understanding, the terms of which shall include:

(i) a data sharing agreement for all information collected in accordance with § 2–307 of the Public Safety Article;

(ii) a work plan for access to collected data for research and statistical analysis purposes;

(iii) a listing of all data fields collected for the Crime in Maryland Report and the Hate Bias Report; and

(iv) an update on the status of compliance with the National Incident–Based Reporting System by law enforcement agencies in the State.

(c) On or before October 31 each year, the Maryland Police Training and Standards Commission shall submit to the Department, in the form of electronic raw data, de–identified and disaggregated by agency and incident:

(1) information required to be reported to the General Assembly in accordance with § 3–514(b)(1) of the Public Safety Article; and

(2) information required to be collected in accordance with § 3–207(b) of the Public Safety Article.

(d) On or before October 31 each year, the Governor’s Office of Crime Prevention and Policy shall submit to the Department, in the form of electronic raw data, de–identified and disaggregated by incident, information collected in accordance with:

(1) § 3–528 of the Public Safety Article; and

(2) § 25–113 of the Transportation Article.

(e) On or before August 1, 2022, the Department of Juvenile Services and the Department shall enter into a memorandum of understanding, the terms of which shall include:

(1) the provision of various custom reports to the Department, including information, de–identified and disaggregated by juvenile, relating to the juvenile’s record of:

(i) delinquency;

(ii) court actions;

(iii) supervision; and

(iv) placement; and

(2) the development of a work plan by the Department of Juvenile Services regarding efforts to include specific race and ethnicity data for individual juveniles.
Md. Code, Criminal Procedure § 2-206 — MD Code / Article gcp / Title 2 / Subtitle 2 / Section 2-206
§2–206.
Status: in_force

(a) This section applies during a public emergency, as defined in § 14–301(e)(1) or (2) of the Public Safety Article, and when public safety is imperiled, or on reasonable apprehension of immediate danger of public safety being imperiled.

(b) During a time described in subsection (a) of this section, the authority to make an arrest without a warrant granted to police officers under this title is granted to a person who:

(1) is serving under a proclamation of a state of emergency issued by the Governor, as provided in § 14–303 of the Public Safety Article, as:

(i) a member of a law enforcement unit that is listed in § 2–101(c) of this title; or

(ii) a member of the militia called into action by the Governor, as provided in § 14–306 of the Public Safety Article;

(2) is serving as a member of the militia ordered into active service by the Governor under § 13–702 of the Public Safety Article; or

(3) is a member of the armed forces of the United States under orders to aid civil authorities of the State in enforcing law and order, subject to subsection (c) of this section.

(c) The grant of authority under subsection (b)(3) of this section does not limit or impair any power or duty of a member of the armed forces of the United States or authorize any action incompatible with federal law or regulations.
Md. Code, Labor and Employment § 2-106 — MD Code / Article gle / Title 2 / Subtitle 1 / Section 2-106
§2–106.
Status: in_force

(a) The Commissioner shall adopt regulations that govern procedure for boards of arbitration under Title 4, Subtitle 1 of this article.

(b) Except as provided in subsection (c) of this section, and in addition to authority to adopt regulations that is set forth elsewhere, the Commissioner may adopt regulations that are necessary to carry out:

(1) Title 3, Subtitle 3 of this article;

(2) Title 3, Subtitle 5 of this article;

(3) Title 3, Subtitle 13 of this article;

(4) Title 4, Subtitle 2, Parts I through III of this article;

(5) Title 5 of this article;

(6) Title 6 of this article; and

(7) Title 7 of this article.

(c) (1) After a public hearing, the Commissioner may adopt regulations that are necessary to carry out Title 3, Subtitle 4 of this article.

(2) Unless the Commissioner provides otherwise, a regulation that the Commissioner adopts under this subsection takes effect on publication.

(d) The Commissioner may adopt regulations that set forth the conditions under which an employer may require an employee to construct, erect, install, maintain, or repair a line that conducts electricity and that has a nominal voltage exceeding:

(1) 24,940 volts between a pair of conductors; or

(2) 14,400 volts between a conductor and a ground.
Md. Code, Health Occupations § 2-311 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-311
§2–311.
Status: in_force

(a) Each licensee shall display the license conspicuously in the office or place of employment of the licensee.

(b) (1) The Board shall maintain an electronic list of each individual licensed by the Board.

(2) An individual may contact the Board to verify an individual’s license.

(c) If a licensee has more than one place of business, the licensee shall notify the Board of the address the Board may use to send notices and other correspondence.

(d) A licensee shall notify the Board in writing of a change of mailing address, e–mail address, or phone number within 30 days after the change.
Md. Code, Business Occupations and Professions § 2-4A-06 — MD Code / Article gbo / Title 2 / Subtitle 4A / Section 2-4A-06
§2–4A–06.
Status: in_force

(a) Upon the receipt of a report from a peer reviewer, the Board shall review the report to determine what disciplinary or corrective action is appropriate.

(b) The Board may require a licensee or permit holder to:

(1) undergo peer review more frequently than once every 3 years; and

(2) complete additional continuing professional education courses.

(c) Prior to taking any final action under subsection (b) of this section, the Board shall give the licensee or permit holder against whom the action is contemplated an opportunity for a hearing before the Board.

(d) If the peer review report reveals evidence that the licensee or permit holder has engaged in conduct that is prohibited under § 2-315 or § 2-410 of this title, the Board may file formal charges against the licensee or permit holder.
Md. Code, Public Utilities § 2-117 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-117
§2–117.
Status: in_force

(a) (1) If the Commission believes that a public service company or gas master meter operator that is subject to the Commission’s jurisdiction is violating or will violate this division, the Commission shall bring an action in the Commission’s name for injunction or other appropriate action in the circuit court of a county where the public service company or gas master meter operator does business or has its principal place of business.

(2) The court:

(i) shall allow a period not exceeding 20 days for the defendant to show cause why the relief sought should not be granted;

(ii) after the period, shall inquire immediately into the merits of the case, without other or formal pleadings and without respect to any technical requirement;

(iii) may join as parties any persons as is necessary or proper to make a judgment or process effective; and

(iv) shall issue a final order that grants appropriate relief.

(b) (1) The Commission shall notify an offender to appear and answer charges on complaint filed by a carrier or on discovery of a violation or infringement by the Commission’s own investigation that:

(i) the offender is or has been infringing on or violating a permit granted to the carrier by the Commission;

(ii) the offender, without a permit, is exercising or using a right granted in a permit;

(iii) a right granted in a permit is being subjected to unrestricted or unregulated competition; or

(iv) the offender, without a permit, is serving, wholly or partly, directly or indirectly, a route set forth in a granted permit.

(2) The notice shall be sent to or served on the offender as provided by § 3-103 of this article.

(3) If the Commission finds that the offender is violating or infringing, or has violated or infringed on the rights of a carrier, the Commission shall order the offender to stop the operations that led to the violation or infringement.

(4) If the offender does not obey the order of the Commission, the Commission shall notify the offender to show cause within 10 days after the notice is mailed or served why the registration certificate for each vehicle involved in the operations should not be suspended or revoked.

(5) If cause is not shown or if, after hearing, the Commission finds that cause is not shown, the Commission shall certify to the Motor Vehicle Administration:

(i) that the registration certificate of each vehicle involved in the operations shall be suspended or revoked;

(ii) the condition of the suspension or revocation; and

(iii) if possible, the license number of each vehicle for which the certificate of registration is to be suspended or revoked.

(6) On receipt of the certification, the Motor Vehicle Administration automatically shall suspend or revoke each certificate of registration in accordance with the conditions contained in the certification.

(7) The action of the Motor Vehicle Administration may not be appealed but judicial review of an order or certification of the Commission may be sought as provided in Title 3, Subtitle 2 of this article.
Md. Code, Commercial Law § 2-401 — MD Code / Article gcl / Title 2 / Subtitle 4 / Section 2-401
§2–401.
Status: in_force

Each provision of this title with regard to the rights, obligations and remedies of the seller, the buyer, purchasers or other third parties applies irrespective of title to the goods except where the provision refers to such title. Insofar as situations are not covered by the other provisions of this title and matters concerning title become material the following rules apply:

(1) Title to goods cannot pass under a contract for sale prior to their identification to the contract (§ 2-501), and unless otherwise explicitly agreed the buyer acquires by their identification a special property as limited by Titles 1 through 10 of this article. Any retention or reservation by the seller of the title (property) in goods shipped or delivered to the buyer is limited in effect to a reservation of a security interest. Subject to these provisions and to the provisions of the title on secured transactions (Title 9), title to goods passes from the seller to the buyer in any manner and on any conditions explicitly agreed on by the parties.

(2) Unless otherwise explicitly agreed title passes to the buyer at the time and place at which the seller completes his performance with reference to the physical delivery of the goods, despite any reservation of a security interest and even though a document of title is to be delivered at a different time or place; and in particular and despite any reservation of security interest by the bill of lading

(a) If the contract requires or authorizes the seller to send the goods to the buyer but does not require him to deliver them at destination, title passes to the buyer at the time and place of shipment; but

(b) If the contract requires delivery at destination, title passes on tender there.

(3) Unless otherwise explicitly agreed where delivery is to be made without moving the goods,

(a) If the seller is to deliver a tangible document of title, title passes at the time when and the place where he delivers such documents and if the seller is to deliver an electronic document of title, title passes when the seller delivers the document; or

(b) If the goods are at the time of contracting already identified and no documents of title are to be delivered, title passes at the time and place of contracting.

(4) A rejection or other refusal by the buyer to receive or retain the goods, whether or not justified, or a justified revocation of acceptance revests title to the goods in the seller. Such revesting occurs by operation of law and is not a “sale.”
Md. Code, State Government § 2-1501 — MD Code / Article gsg / Title 2 / Subtitle 15 / Section 2-1501
§2–1501.
Status: in_force

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

(b) “Bill” includes a joint resolution.

(c) “Mandate” means a directive in a bill requiring a local government unit to perform a task or assume a responsibility that has a discernible fiscal impact on the local government unit.

(d) “Mandated appropriation” means a requirement in a bill that the Governor provide a certain level of funding in the annual budget bill for a specific program in the State.
Md. Code, Correctional Services § 2-116 — MD Code / Article gcs / Title 2 / Subtitle 1 / Section 2-116
§2–116.
Status: in_force

(a) This section does not apply to a unit in the Department to the extent that the unit is authorized by law to employ its own legal adviser or counsel.

(b) The Attorney General is the legal adviser to the Department.

(c) The Attorney General shall assign to the Department the number of assistant Attorneys General that are authorized by law for the Department and its units.

(d) (1) The Attorney General shall designate one of the assistant Attorneys General assigned to the Department as counsel to the Department and may not reassign that individual without consulting with the Secretary.

(2) The counsel may have no duty other than to give the legal aid, advice, and counsel required by the Secretary or any other official of the Department, to supervise the other assistant Attorneys General assigned to the Department, and to perform for the Department the duties that the Attorney General assigns.

(3) The counsel shall perform the duties specified in paragraph (2) of this subsection subject to the control and discretion of the Attorney General.
Md. Code, Commercial Law § 2A-211 — MD Code / Article gcl / Title 2A / Subtitle 2 / Section 2A-211
§2A–211.
Status: in_force

(1) There is in a lease contract a warranty that for the lease term no person holds a claim to or interest in the goods that arose from an act or omission of the lessor other than a claim by way of infringement or the like, which will interfere with the lessee’s enjoyment of its leasehold interest.

(2) Except in a finance lease, there is in a lease contract by a lessor who is a merchant regularly dealing in goods of the kind a warranty that the goods are delivered free of the rightful claim of any person by way of infringement or the like.

(3) A lessee who furnishes specifications to a lessor or a supplier shall hold the lessor and the supplier harmless against any claim by way of infringement or the like that arises out of compliance with the specifications.
Md. Code, State Government § 2-906 — MD Code / Article gsg / Title 2 / Subtitle 9 / Section 2-906
§2–906.
Status: in_force

(a) The Committee shall:

(1) as to the relations between the State and the federal government:

(i) monitor and evaluate the relations;

(ii) monitor proposals to change the relations;

(iii) evaluate the impact of the proposals on the State and its citizens and on local governments; and

(iv) keep officials of the Executive and Legislative branches of the State government and others informed about the relations and the potential impact of proposals to change the relations;

(2) serve as a forum for consideration of certain State-local issues;

(3) try to advance the cooperation between the State and other units of government by proposing or facilitating any actions that the Committee considers advisable, including:

(i) the adoption of compacts;

(ii) the enactment of uniform statutes;

(iii) the enactment of reciprocal statutes;

(iv) the adoption of uniform administrative rules or regulations;

(v) the adoption of reciprocal administrative rules or regulations;

(vi) the informal cooperation between government offices;

(vii) the personal cooperation between officials and employees of governments; and

(viii) the exchange of information; and

(4) do any other thing that the Legislative Policy Committee assigns.

(b) Subject to § 2-1257 of this title, the Committee shall submit to the General Assembly:

(1) an annual report, within 15 days after the General Assembly convenes for a regular session; and

(2) any other report that the Committee considers appropriate.
Md. Code, State Finance and Procurement § 2-211 — MD Code / Article gsf / Title 2 / Subtitle 2 / Section 2-211
§2–211.
Status: in_force

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

(2) (i) “Grant” means a legal instrument of financial assistance between a State grant–making entity and a nonprofit organization exempt from taxation under § 501(c) of the Internal Revenue Code that is:

1. used to enter into a relationship the principal purpose of which is to transfer anything of value from the State grant–making entity to the grant recipient to carry out a public purpose authorized by law and not to acquire property or services for the direct benefit or use of the State grant–making entity;

2. used to provide for one or more payments in reimbursement for services or other performance under the agreement on a scheduled or other incremental basis;

3. distinguished from a cooperative agreement in that it does not provide for substantial involvement between the State grant–making entity and the grant recipient in carrying out the activity contemplated by the award; and

4. executed, renewed, or extended on or after June 1, 2023.

(ii) “Grant” does not include an instrument that provides only:

1. direct government cash assistance to an individual;

2. a subsidy;

3. a loan;

4. a loan guarantee;

5. insurance; or

6. State funding that is required annually and is calculated through a formula set in statute.

(3) “Payment” includes all required processing and authorization by the Comptroller, as provided under State regulations.

(4) “Proper invoice” means a bill, a written document, or an electronic transmission readable by the State grant–making entity, provided by a grant recipient, that:

(i) requests an amount that is due and payable by law under a written grant agreement; and

(ii) meets the requirements of subsection (e) of this section.

(b) This section does not apply to grants:

(1) made by a unit in the Judicial Branch of State government; or

(2) funded from general obligation bond proceeds or from a General Fund capital appropriation to the Board of Public Works.

(c) It is the policy of the State to make a payment under a grant agreement within 37 days after:

(1) the day on which the payment becomes due under the grant agreement; or

(2) if later, the day on which the State grant–making entity receives a proper invoice.

(d) (1) Except as provided in paragraph (3) of this subsection, a grant–making entity shall be liable for interest that shall accrue at the rate of 9% a year on any amount:

(i) that is due and payable by law and under a written grant agreement; and

(ii) for which the grant–making entity has received, and failed to submit to the Comptroller within 30 days of its receipt, a proper invoice.

(2) Interest shall accrue beginning on the 38th day after the day on which the State grant–making entity receives a proper invoice.

(3) A State grant–making entity is not liable for interest:

(i) unless within 30 days after the date on the State’s check for the amount on which the interest accrued, the grant recipient submits an invoice for the interest;

(ii) if the State grant–making entity has initiated legal proceedings to dispute the amount owed to the grant recipient;

(iii) accruing more than 1 year after the 31st day after the State grant–making entity receives an invoice; or

(iv) on an amount that represents unpaid interest.

(4) Interest for which a State grant–making entity is liable under this subsection:

(i) shall be paid from the State grant–making entity’s operating budget; and

(ii) may not be paid from funds appropriated to fund a grant.

(e) A proper invoice, required as payment documentation, shall include without error:

(1) the grant recipient’s federal employer identification number or Social Security number;

(2) the grant agreement identification number or another adequate description of the grant agreement; and

(3) any documentation required by regulation or the grant agreement.

(f) For the purposes of determining a payment due date and the date on which interest will begin to accrue if a payment is late, an invoice shall be deemed to be received:

(1) for invoices that are mailed, when a proper invoice is received by the State grant–making entity, as of the date the State grant–making entity annotates the invoice with the date and time of receipt; or

(2) for invoices electronically transmitted, on the date the transmission is received by the State grant–making entity, or the next business day if received after 5 p.m.

(g) (1) On receipt of an invoice, a State grant–making entity shall:

(i) mark the invoice with the date the invoice was received; and

(ii) review the invoice as soon as practicable to determine whether the invoice is a proper invoice.

(2) If the State grant–making entity determines that the invoice is a proper invoice and submits the invoice to the Comptroller, the Comptroller shall make payment within 5 business days.

(3) (i) If the State grant–making entity determines that the invoice is not a proper invoice, the State grant–making entity shall notify the grant recipient of all defects that prevent processing and specify all reasons why the invoice is not proper within 2 business days after the determination.

(ii) It is the responsibility of the grant recipient to submit a corrected invoice.

(4) State grant–making entities:

(i) may use media that produce tangible recordings of information to expedite the payment process, rather than delaying the process by requiring original paper documents; and

(ii) shall provide adequate safeguards and controls to ensure the integrity of the data and to prevent duplicate processing.

(5) Failure by a State grant–making entity to comply with the procedural requirements of this subsection does not constitute a late payment.

(6) This section does not create liability on the Comptroller for interest accrued on a late payment.
Md. Code, Agriculture § 2-706 — MD Code / Article gag / Title 2 / Subtitle 7 / Section 2-706
§2–706.
Status: in_force

(a) The Board shall determine the times and places of its meetings.

(b) A member of the Board:

(1) May not receive compensation; but

(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(c) The Board may employ a staff in accordance with the State budget.
Md. Code, Real Property § 2-105 — MD Code / Article grp / Title 2 / Subtitle 1 / Section 2-105
§2–105.
Status: in_force

A covenant by the grantor in a deed “that he will warrant generally the property hereby granted” has the same effect as if the grantor had covenanted that he will warrant forever the property to the grantee against every lawful claim and demand of any person.
Md. Code, Agriculture § 2-1401 — MD Code / Article gag / Title 2 / Subtitle 14 / Section 2-1401
§2–1401.
Status: in_force

(a) In this section, “Fund” means the Maryland Dairy Farmer Emergency Trust Fund.

(b) There is a Maryland Dairy Farmer Emergency Trust Fund.

(c) The purpose of the Fund is to provide financial assistance to dairy farmers during periods of economic hardship due to depressed milk prices.

(d) The Secretary shall administer the Fund.

(e) (1) At the end of each fiscal year, any unspent or unencumbered balance in the Fund that exceeds $15,000,000 shall revert to the General Fund in accordance with § 7–302 of the State Finance and Procurement Article.

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

(f) (1) The Fund consists of:

(i) Money appropriated in the State budget to the Fund;

(ii) Any investment earnings of the Fund; and

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

(2) The Governor may include an appropriation in the State budget each fiscal year for the Fund.

(g) The Fund may be used only to provide financial assistance to dairy farmers during periods of economic hardship due to depressed milk prices.

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

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

(i) The Secretary shall establish procedures for dairy farmers to apply for financial assistance from the Fund.
Md. Code, Public Safety § 2-409 — MD Code / Article gps / Title 2 / Subtitle 4 / Section 2-409
§2–409.
Status: in_force

(a) There is a Sick Leave Reserve.

(b) The Secretary shall administer the Sick Leave Reserve.

(c) The Secretary shall adopt rules and regulations about the eligibility of police employees to withdraw sick leave from the Sick Leave Reserve including:

(1) a requirement that the police employee have a long–term illness and be unable to work; and

(2) the length of time for which a police employee may receive sick leave.

(d) With the approval of the Secretary, a police employee may donate up to 2 days of sick leave each year to the Sick Leave Reserve.

(e) (1) The Secretary may transfer days of sick leave that have been accumulated in the Sick Leave Reserve to a police employee who:

(i) has a documented medical disability; and

(ii) has exhausted all forms of leave.

(2) The Secretary may not transfer sick leave under this section to a police employee who has been granted disability retirement by the board of trustees of the State retirement systems for use after the first date on which disability retirement may become effective.
Md. Code, Tax - Property § 2-218.1 — MD Code / Article gtp / Title 2 / Subtitle 2 / Section 2-218.1
§2–218.
Status: in_force

§2–218.1.

(a) The Department shall provide the data required to make any calculations related to real property and personal property under Title 5, Subtitle 2 of the Education Article to the Department of Budget and Management, the State Department of Education, and the Department of Legislative Services by December 1 and May 1 of each year.

(b) The county governing body shall provide the Department the information required for the calculations under § 5–201(d) of the Education Article by November 1 each year.
Md. Code, Housing and Community Development § 2-108 — MD Code / Article ghs / Title 2 / Subtitle 1 / Section 2-108
§2–108.
Status: in_force

(a) The appointment or removal of personnel by a governmental unit in the Department is subject to the approval of the Secretary.

(b) The Secretary may delegate this power of approval to the head or governing body of the governmental unit.
Md. Code, Alcoholic Beverages and Cannabis § 2-403 — MD Code / Article gab / Title 2 / Subtitle 4 / Section 2-403
§2–403.
Status: in_force

A license holder may not sell alcoholic beverages while the water vessel for which the license is issued is docked to a wharf or pier in a jurisdiction where local law prohibits the sale.
Md. Code, Agriculture § 2-701 — MD Code / Article gag / Title 2 / Subtitle 7 / Section 2-701
§2–701.
Status: in_force

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

(b) “Board” means the Maryland Horse Industry Board.

(c) “Boarding stable” means an establishment that solicits or offers to the public to stable horses.

(d) “Equine activities” includes teaching equestrian skills, participating in equestrian competitions, exhibitions or other displays of equestrian skills, and caring for, breeding, boarding, renting, riding, or training horses.

(e) “Horse” includes horses, donkeys, mules, and ponies.

(f) “Horse establishment” means an establishment that solicits or offers to the public any of the following services:

(1) A boarding stable;

(2) A lesson or rental stable; or

(3) A rescue or sanctuary stable.

(g) “Lesson or rental stable” means an establishment in connection with which one or more horses are offered to the public to be let for hire, to be ridden or driven, either with or without the furnishing of riding or driving instructions.

(h) “Rescue or sanctuary stable” means an establishment that offers to the public to shelter or keep one or more horses for humane purposes with or without compensation and with or without tax–exempt status.

(i) “Stable” means a place where one or more horses are under the care, custody, and control of an operator.
Md. Code, Tax - General § 2-104 — MD Code / Article gtg / Title 2 / Subtitle 1 / Section 2-104
§2–104.
Status: in_force

(a) (1) Subject to the requirements of § 2–110 of this subtitle and subsection (b) of this section, the Comptroller shall design the returns and other forms that, on completion, provide the information required for the administration of the tax laws listed in § 2–102 of this subtitle.

(2) The Comptroller shall include on the income tax forms required under paragraph (1) of this section that are updated on an annual basis a demonstrative representation of how much of each dollar that the General Fund receives is spent on the following categories:

(i) education;

(ii) health;

(iii) public safety; and

(iv) any other category included by the Comptroller.

(3) The demonstrative representation required under paragraph (2) of this subsection may be in the form of a graph or picture or a combination of graph and picture.

(4) (i) Subject to subparagraph (ii) of this paragraph, the Comptroller, in consultation with the Department of Budget and Management and the Department of Legislative Services, shall determine the manner in which the representation required under paragraph (2) of this subsection shall be presented and with which income tax forms the representation is to be included.

(ii) The Comptroller shall post the representation required under paragraph (2) of this subsection on the Comptroller’s website and shall include it in instructions on the website for the same income tax forms that are selected under subparagraph (i) of this paragraph to include the representation.

(b) Except for variations that the differences between the federal and State income tax laws require, the forms that the Comptroller designs to administer the income tax laws shall be similar to the forms used to administer the federal income tax laws.

(c) (1) The Comptroller shall keep an income tax return for 5 years from the date the return is filed. After 5 years, the Comptroller may destroy the return.

(2) The Comptroller shall keep a sales and use tax return for 2 years from the date the return is filed. After 2 years, the Comptroller may destroy the return.
Md. Code, Family Law § 2-202 — MD Code / Article gfl / Title 2 / Subtitle 2 / Section 2-202
§2–202.
Status: in_force

(a) Any marriage performed in this State that is prohibited by this section is void.

(b) (1) An individual may not marry the individual’s:

(i) grandparent;

(ii) parent;

(iii) child;

(iv) sibling; or

(v) grandchild.

(2) An individual who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $1,500.

(c) (1) An individual may not marry the individual’s:

(i) grandparent’s spouse;

(ii) spouse’s grandparent;

(iii) parent’s sibling;

(iv) stepparent;

(v) spouse’s parent;

(vi) spouse’s child;

(vii) child’s spouse;

(viii) grandchild’s spouse;

(ix) spouse’s grandchild; or

(x) sibling’s child.

(2) An individual who violates any provision of this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $500.
Md. Code, Agriculture § 2-303 — MD Code / Article gag / Title 2 / Subtitle 3 / Section 2-303
§2–303.
Status: reserved

(a) There is a State Board of Veterinary Medical Examiners Fund.

(b) (1) The Board shall set reasonable fees necessary to carry out its responsibilities under this subtitle.

(2) The fees charged shall be set so as to produce funds to approximate the cost of maintaining the Board as provided in subsection (e) of this section.

(c) The Board shall publish in its rules and regulations the fees that it sets.

(d) (1) The Board shall pay all fees collected under the provisions of this title to the Comptroller of the State.

(2) The Comptroller shall distribute the fees received from the Board to the Board of Veterinary Medical Examiners Fund.

(e) (1) The Board of Veterinary Medical Examiners Fund shall be used exclusively to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this title.

(2) (i) The Board of Veterinary Medical Examiners Fund is a continuing, nonlapsing fund, not subject to § 7–302 of the State Finance and Procurement Article.

(ii) Any unspent portions of the Board of Veterinary Medical Examiners Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Board of Veterinary Medical Examiners Fund to be used for the purposes specified in this title.

(f) (1) The chairman of the Board or the designee of the chairman shall administer the Board of Veterinary Medical Examiners Fund.

(2) Money in the Board of Veterinary Medical Examiners Fund may be expended only for any lawful purpose authorized by the provisions of this title.

(g) The Legislative Auditor shall audit the accounts and transactions of the Board of Veterinary Medical Examiners Fund as provided in § 2–1220 of the State Government Article.
Md. Code, Health Occupations § 2-502 — MD Code / Article gho / Title 2 / Subtitle 5 / Section 2-502
§2–502.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all rules and regulations adopted under this title shall terminate and be of no effect after July 1, 2031.
Md. Code, Alcoholic Beverages and Cannabis § 2-159 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-159
§2–159.
Status: in_force

(a) There is an alcohol awareness instructor’s permit.

(b) The permit authorizes the holder to conduct alcohol awareness training as an employee or agent of an alcohol awareness program permit holder.

(c) The permit fee is $5.
Md. Code, Courts and Judicial Proceedings § 2-510 — MD Code / Article gcj / Title 2 / Subtitle 5 / Section 2-510
§2–510.
Status: reserved

(a) This section applies only to employees of the Domestic Relations Division of the Anne Arundel County Circuit Court who, on or before June 30, 2002 were participants in the Anne Arundel County Retirement and Pension System.

(b) An employee of the Domestic Relations Division of the Anne Arundel County Circuit Court who is transferred on or before July 1, 2002 into the State Personnel Management System as an employee of the Child Support Administration of the Maryland Department of Human Services, including any attorney representing the Child Support Administration may elect to:

(1) Remain as a participant in the Anne Arundel County Retirement and Pension System; or

(2) Become an enrollee in the Employees’ Pension System of the State of Maryland.

(c) (1) If an employee elects to remain as a participant in the Anne Arundel County Retirement and Pension System, the election remains in effect only as long as the employee remains employed by the Child Support Administration of the Department of Human Services.

(2) If the employee transfers to another position in State service, the employee shall become an enrollee of the Employees’ Pension System of Maryland.

(3) While an employee remains a participant in the Anne Arundel County Retirement and Pension System, the State Central Payroll Bureau shall deduct from the employee’s biweekly salary an employee contribution that equals the employee’s salary multiplied by the employee contribution rate certified by the Anne Arundel County Retirement and Pension System under subsection (d)(2) of this section.

(d) (1) Until the date that the last employee transferred to the State Personnel Management System leaves service in the Child Support Administration of the Department of Human Services, the Department of Human Services shall pay on a quarterly basis to the Anne Arundel County government:

(i) The amount deducted by the State Central Payroll Bureau from an employee’s biweekly salary for that quarter as provided under subsection (c)(3) of this section; and

(ii) An employer contribution for that quarter equal to the total of the employee salaries subject to a deduction under subsection (c)(3) of this section multiplied by the employer contribution rate determined by the Department of Human Services under paragraph (3) of this subsection.

(2) On or before May 15 of each year, the Board of Trustees of the Anne Arundel County Retirement and Pension System shall certify to the Department of Human Services the employer and employee contribution rates for pension benefits determined for the Anne Arundel County Retirement and Pension System for the next fiscal year.

(3) If the employer contribution rate certified under paragraph (2) of this subsection is greater than the employer contribution rate paid by the State for State employees under the State Personnel Management System, the Department of Human Services may limit the employer contribution rate to the employer contribution rate paid by the State for State employees under the State Personnel Management System.

(4) An employee transferred under this section is not subject to § 22–406(c)(2) of the State Personnel and Pensions Article.

(e) (1) A retiree covered under this section who elected to remain in the Anne Arundel County Retirement and Pension System may:

(i) Enroll in the health insurance benefit option provided under that system; and

(ii) Once enrolled, receive the retirement health benefits provided by the county, subject to the creditable service requirements established in § 2–508 of the State Personnel and Pensions Article.

(2) On or before May 15 of each year, the personnel officer for Anne Arundel County shall certify to the Department of Human Services the contribution rates for health benefits determined for the Anne Arundel County Retirement and Pension System for the next fiscal year.

(3) The Department of Human Services shall pay on a quarterly basis to the Anne Arundel County government an amount equal to the employer’s contribution for those health benefits.

(4) If the employer contribution rate certified under paragraph (2) of this subsection is greater than the employer contribution rate paid by the State for State retirees under the State Personnel Management System:

(i) The Department of Human Services may limit the employer contribution rate to the employer contribution rate paid by the State for State employees under the State Personnel Management System; and

(ii) The retiree is responsible for payment of the balance of any monthly premium cost to the county not reimbursed by the State.
Md. Code, Criminal Procedure § 2-208.4 — MD Code / Article gcp / Title 2 / Subtitle 2 / Section 2-208.4
§2–208.
Status: in_force

§2–208.4.

(a) In this section, “fire and explosive investigator” means an individual who:

(1) is assigned full–time to the fire and explosive investigations section of the County Fire Marshal’s Office; and

(2) (i) has the rank of deputy fire marshal or higher; and

(ii) has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article.

(b) This section applies only to Worcester County.

(c) Except as provided in subsection (d) of this section, a fire and explosive investigator has the same authority granted to the State Fire Marshal or a full–time investigative and inspection assistant of the Office of the State Fire Marshal under § 2–208 of this subtitle:

(1) while operating in Worcester County; and

(2) while operating outside Worcester County when:

(i) the fire and explosive investigator is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction;

(ii) the fire and explosive investigator is rendering assistance to another law enforcement officer;

(iii) the fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or

(iv) an emergency exists.

(d) The County Fire Marshal:

(1) may limit the authority of a fire and explosive investigator under this section; and

(2) shall express the limitation in a written policy.
Md. Code, Commercial Law § 2A-216 — MD Code / Article gcl / Title 2A / Subtitle 2 / Section 2A-216
§2A–216.
Status: in_force

A warranty to or for the benefit of a lessee under this title, whether express or implied, extends to any natural person who is in the family or household of the lessee or who is a guest in the lessee’s home or any other ultimate consumer or user of the goods or person affected thereby if it is reasonable to expect that such person may use, consume, or be affected by the goods and who is injured in person by breach of the warranty. This section does not displace principles of law and equity that extend a warranty to or for the benefit of a lessee to other persons. The operation of this section may not be excluded, modified, or limited, but an exclusion, modification, or limitation of the warranty, including any with respect to rights and remedies, effective against the lessee is also effective against any beneficiary designated under this section.
Md. Code, Housing and Community Development § 2-111 — MD Code / Article ghs / Title 2 / Subtitle 1 / Section 2-111
§2–111.
Status: in_force

(a) The Secretary is responsible for adopting regulations for the Office of the Secretary.

(b) The Secretary shall review and may approve, disapprove, or revise the regulations of each governmental unit in the Department.
Md. Code, Education § 2-301 — MD Code / Article ged / Title 2 / Subtitle 3 / Section 2-301
§2–301.
Status: in_force

There is a State Superintendent of Schools in the Department.
Md. Code, Alcoholic Beverages and Cannabis § 2-149.1 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-149.1
§2–149.
Status: in_force

§2–149.1.

(a) A direct wine deliverer may renew its direct wine delivery permit each year if the direct wine deliverer:

(1) is otherwise entitled to hold a direct wine delivery permit;

(2) provides to the Executive Director and the Comptroller a copy of its current permit; and

(3) pays the Executive Director a renewal fee of $200.

(b) The Executive Director may deny a renewal application for a direct wine delivery permit if the holder fails to:

(1) file a tax return required under this part;

(2) pay a fee or tax when due; or

(3) after receiving notice, comply with this article or a regulation that the Executive Director adopts under this article.
Md. Code, Business Occupations and Professions § 2-202 — MD Code / Article gbo / Title 2 / Subtitle 2 / Section 2-202
§2–202.
Status: in_force

(a) (1) The Board consists of 7 members.

(2) Of the 7 members of the Board:

(i) 5 shall be licensed certified public accountants, of whom:

1. 4 shall practice certified public accountancy actively; and

2. 1 shall be a full-time professor of accounting at an accredited college; and

(ii) 2 shall be consumer members.

(3) The Governor shall appoint the members with the advice of the Secretary.

(b) Each member of the Board shall be:

(1) a citizen of the United States; and

(2) a resident of the State.

(c) Each consumer member of the Board:

(1) shall be a member of the general public;

(2) may not be a licensee or otherwise be subject to regulation by the Board;

(3) may not be required to meet the qualifications for the professional members of the Board; and

(4) may not, within 1 year before appointment, have had a financial interest in or have received compensation from a person regulated by the Board.

(d) While a member of the Board, a consumer member may not:

(1) have a financial interest in or receive compensation from a person regulated by the Board; or

(2) grade any examination given by or for the Board.

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

(f) (1) The term of a member is 3 years and begins on July 1.

(2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 1989.

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

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

(5) A member may not serve more than 2 terms consecutively, but following the 2nd term, may serve again after an interval of at least 3 years.

(g) (1) The Governor may remove a member for incompetence or misconduct.

(2) The Governor shall remove a member who ceases to meet the requirements under which the member was appointed, as provided under subsections (a) and (b) of this section.

(3) Except as provided in paragraph (4) of this subsection and subject to paragraph (5) of this subsection, a member shall be considered to have resigned if the member did not attend at least two–thirds of the Board meetings held during any consecutive 12–month period while the member was serving on the Board.

(4) The Governor may waive a member’s resignation and allow the member to continue serving if the member has been unable to attend meetings for reasons satisfactory to the Governor and the reasons are made public.

(5) In accordance with § 8–501 of the State Government Article, the chairman shall provide notice to the Governor and the Governor shall appoint a successor.
Md. Code, Commercial Law § 2A-304 — MD Code / Article gcl / Title 2A / Subtitle 3 / Section 2A-304
§2A–304.
Status: reserved

(1) Subject to § 2A-303, a subsequent lessee from a lessor of goods under an existing lease contract obtains, to the extent of the leasehold interest transferred, the leasehold interest in the goods that the lessor had or had power to transfer and, except as provided in subsection (2) and § 2A-527(4), takes subject to the existing lease contract. A lessor with voidable title has power to transfer a good leasehold interest to a good faith subsequent lessee for value, but only to the extent set forth in the preceding sentence. If goods have been delivered under a transaction of purchase the lessor has that power even though:

(a) The lessor’s transferor was deceived as to the identity of the lessor;

(b) The delivery was in exchange for a check which is later dishonored;

(c) It was agreed that the transaction was to be a “cash sale”; or

(d) The delivery was procured through fraud punishable under the criminal law.

(2) A subsequent lessee in the ordinary course of business from a lessor who is a merchant dealing in goods of that kind to whom the goods were entrusted by the existing lessee of that lessor before the interest of the subsequent lessee became enforceable against that lessor obtains, to the extent of the leasehold interest transferred, all of that lessor’s and the existing lessee’s rights to the goods, and takes free of the existing lease contract.

(3) A subsequent lessee from the lessor of goods that are subject to an existing lease contract and are covered by a certificate of title issued under a statute of this State or of another jurisdiction takes no greater rights than those provided both by this section and by the certificate-of-title statute.
Md. Code, State Government § 2-403 — MD Code / Article gsg / Title 2 / Subtitle 4 / Section 2-403
§2–403.
Status: in_force

(a) The Legislative Policy Committee consists of the following 28 members:

(1) from the Senate:

(i) the President;

(ii) the President Pro Tem;

(iii) the Majority Leader;

(iv) the Chair of the Budget and Taxation Committee;

(v) the Chair of the Committee on Education, Energy, and the Environment;

(vi) the Chair of the Finance Committee;

(vii) the Chair of the Judicial Proceedings Committee;

(viii) the Minority Leader; and

(ix) 1. 6 other Senators, appointed by the President and approved by majority vote of the Senate; or

2. if a Senator simultaneously serves in 2 of the positions set forth in items (ii) through (vii), inclusive, of this item, 7 other Senators, appointed by the President and approved by majority vote of the Senate; and

(2) from the House:

(i) the Speaker;

(ii) the Speaker Pro Tem;

(iii) the Majority Leader;

(iv) the Chair of the Appropriations Committee;

(v) the Chair of the Health and Government Operations Committee;

(vi) the Chair of the Economic Matters Committee;

(vii) the Chair of the Environment and Transportation Committee;

(viii) the Chair of the Judiciary Committee;

(ix) the Chair of the Ways and Means Committee;

(x) the Minority Leader; and

(xi) 1. 4 other Delegates, appointed by the Speaker and approved by majority vote of the House; or

2. if a Delegate simultaneously serves in 2 of the positions set forth in items (ii) through (ix), inclusive, of this item, 5 other Delegates, appointed by the Speaker and approved by majority vote of the House.

(b) (1) As far as possible, the Senators appointed by the President, under subsection (a)(1)(ix) of this section, shall be representative of the various sections and interests of the State.

(2) As far as possible, the Delegates appointed by the Speaker, under subsection (a)(2)(xi) of this section, shall be representative of the various sections and interests of the State.
Md. Code, Election Law § 2-208 — MD Code / Article gel / Title 2 / Subtitle 2 / Section 2-208
§2–208.
Status: in_force

(a) Each local board shall make publicly available on its website each open meeting agenda, together with a summary of any finalized documents, written testimony from the public, and other materials that the local board will vote on at the open meeting:

(1) at least 48 hours in advance of each meeting; or

(2) if the meeting is being held due to an emergency, a natural disaster, or any other unanticipated situation, as far in advance of the meeting as practicable.

(b) (1) Except as provided in paragraph (2) of this subsection, each local board shall provide live video streaming of each open meeting held by the local board.

(2) The live streaming video requirement under paragraph (1) of this subsection does not apply with respect to:

(i) an open meeting held off–site;

(ii) a project site visit; or

(iii) an inspection conducted by the local board.

(c) Each local board shall maintain a complete and unedited archived video recording of each open meeting for which live video streaming was provided under subsection (b) of this section for a minimum of 5 years after the date of the meeting.
Md. Code, Agriculture § 2-106 — MD Code / Article gag / Title 2 / Subtitle 1 / Section 2-106
§2–106.
Status: in_force

(a) The following positions and units are included within the Department:

(1) The Maryland Agricultural Fair Board;

(2) The Chief of Weights and Measures;

(3) The State Chemist;

(4) The State Veterinarian;

(5) The State Board of Veterinary Medical Examiners;

(6) The State Soil Conservation Committee;

(7) The Maryland Agricultural Commission;

(8) The Maryland Horse Industry Board;

(9) The Maryland Winery and Grape Growers’ Advisory Board;

(10) The Seafood Marketing Advisory Commission; and

(11) The State Specialist for Value–Added Agriculture.

(b) The Secretary shall appoint the State Chemist, State Veterinarian, State Specialist for Value–Added Agriculture, and Chief of Weights and Measures.

(c) The Department also includes any other position or unit which is declared within the Department pursuant to law.
Md. Code, Health Occupations § 2-201 — MD Code / Article gho / Title 2 / Subtitle 2 / Section 2-201
§2–201.
Status: in_force

There is a State Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech–Language Pathologists, and Music Therapists in the Department.
Md. Code, State Government § 2-104 — MD Code / Article gsg / Title 2 / Subtitle 1 / Section 2-104
§2–104.
Status: reserved

(a) (1) All full–time permanent employees of the General Assembly of Maryland and the Department of Legislative Services shall be considered as full–time permanent State employees for the purposes of transferring to a position in the Executive or Judicial Branch of State government.

(2) These employees shall receive credit for service with the General Assembly for the purposes of transferring accumulated sick and vacation leave, service credit in the Employees’ Retirement System, and all other benefits.

(3) These employees shall be granted the same salary consideration that would be provided to an employee transferring within the Executive or Judicial Branch.

(b) On the transfer of a General Assembly employee or an employee of the Department of Legislative Services to a position in the Executive Branch, the Secretary of Budget and Management may request that the President of the Senate or the Speaker of the House of Delegates or their representative certify as to the full–time permanent status of that employee. The certification shall be satisfactory evidence for the purposes of subsection (a) of this section.

(c) If any employee of the General Assembly transferred to a position in the Executive or Judicial Branch on or after July 1, 1977, and suffered any loss of compensation or benefits solely as a result of the employee’s prior service with the General Assembly not being recognized as full–time permanent service, the employee’s compensation and benefits shall be reinstated at the appropriate level and the employee shall be reimbursed for any loss in salary from the effective date of the transfer.

(d) Any full–time permanent employee of the General Assembly of Maryland or the Department of Legislative Services who separates from State service and returns to State service in the Executive or Judicial Branch within 3 years from the time of separation from active duty, as defined in § 9–901 of this article, shall be eligible for reinstatement and shall receive full credit for any prior State service.
Md. Code, Commercial Law § 2-201 — MD Code / Article gcl / Title 2 / Subtitle 2 / Section 2-201
§2–201.
Status: in_force

(1) Except as otherwise provided in this section a contract for the sale of goods for the price of $500 or more is not enforceable by way of action or defense unless there is some writing sufficient to indicate that a contract for sale has been made between the parties and signed by the party against whom enforcement is sought or by his authorized agent or broker. A writing is not insufficient because it omits or incorrectly states a term agreed upon but the contract is not enforceable under this paragraph beyond the quantity of goods shown in such writing.

(2) Between merchants if within a reasonable time a writing in confirmation of the contract and sufficient against the sender is received and the party receiving it has reason to know its contents, it satisfies the requirements of subsection (1) against such party unless written notice of objection to its contents is given within ten days after it is received.

(3) A contract which does not satisfy the requirements of subsection (1) but which is valid in other respects is enforceable

(a) If the goods are to be specially manufactured for the buyer and are not suitable for sale to others in the ordinary course of the seller’s business and the seller, before notice of repudiation is received and under circumstances which reasonably indicate that the goods are for the buyer, has made either a substantial beginning of their manufacture or commitments for their procurement; or

(b) If the party against whom enforcement is sought admits in his pleading, testimony or otherwise in court that a contract for sale was made, but the contract is not enforceable under this provision beyond the quantity of goods admitted; or

(c) With respect to goods for which payment has been made and accepted or which have been received and accepted (§ 2-606).
Md. Code, Corporations and Associations § 2-302 — MD Code / Article gca / Title 2 / Subtitle 3 / Section 2-302
§2–302.
Status: in_force

(a) Each corporation shall keep its books in a manner which shows:

(1) The amount and nature of the money or other consideration it receives for the stock which it issues, including:

(i) The number of shares of stock of each class issued for the consideration; and

(ii) The stated capital attributable to the issued shares of stock of each class; and

(2) The amount and nature of the money or other consideration it receives for the convertible securities which it issues.

(b) If stock with par value and stock without par value are issued together for a particular consideration, the amount by which the consideration exceeds the aggregate par value of the stock with par value constitutes the consideration received for the stock without par value.
Md. Code, Courts and Judicial Proceedings § 2-5A-01 — MD Code / Article gcj / Title 2 / Subtitle 5A / Section 2-5A-01
§2–5A–01.
Status: in_force

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

(b) “Director” means the director of the personnel merit system.

(c) “Employee” means a person who is employed in a position that is subject to the personnel merit system.

(d) “Personnel merit system” means the personnel merit system for the office of the clerk of the Circuit Court for Baltimore City, as created and provided for under this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 2-162 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-162
§2–162.
Status: in_force

This part applies statewide.
Md. Code, Election Law § 2-206 — MD Code / Article gel / Title 2 / Subtitle 2 / Section 2-206
§2–206.
Status: in_force

Subject to the requirements of this article, regulations adopted by the State Board and the policies and guidance of the State Board and the local board, the election director shall:

(1) appoint the employees of the local board;

(2) train election judges;

(3) give notice of elections;

(4) upon the request of an elderly or disabled voter whose polling place is not structurally barrier free, provide an alternate polling place to the voter;

(5) issue voter notification cards;

(6) receive certificates of candidacy;

(7) verify petitions;

(8) in consultation with the local board, conduct the canvass of an election;

(9) subject to § 9–306 of this article, process and reject absentee ballot applications;

(10) manage the storage, security, maintenance, and preparation of voting system equipment;

(11) within 24 hours, notify the State Administrator and local board in writing of:

(i) a security violation or significant attempted security violation, as those terms are defined in § 2–108 of this title, that impedes the proper and efficient operation of the local board; and

(ii) damage to the office, warehouse, voting system equipment, or other materials used to conduct an election;

(12) ensure the equipment used by the employees of the local board meets cybersecurity requirements; and

(13) perform duties as delegated by the local board.
Md. Code, Correctional Services § 2-117 — MD Code / Article gcs / Title 2 / Subtitle 1 / Section 2-117
§2–117.
Status: in_force

With the approval of the Secretary, the care, control, or supervision of an individual in a State correctional facility, on parole, or on mandatory supervision may be assigned to any employee of the Department who has proper certification from the Maryland Correctional Training Commission.
Md. Code, General Provisions § 2-206 — MD Code / Article ggp / Title 2 / Subtitle 2 / Section 2-206
§2–206.
Status: in_force

Except for an officer specified in §§ 2–202 through 2–205 of this subtitle, an officer elected or appointed to any office of trust or profit under the Maryland Constitution or other State law, including a mayor or other chief executive officer of a municipal corporation, shall take and subscribe the oath required by Article I, § 9 of the Maryland Constitution before a clerk or a deputy clerk of the circuit court.
Md. Code, Agriculture § 2-304.1 — MD Code / Article gag / Title 2 / Subtitle 3 / Section 2-304.1
§2–304.
Status: in_force

§2–304.1.

(a) As used in this subtitle, “veterinary hospital” means any building or portion of a building which is regularly used for the treatment of animals by a veterinary practitioner.

(b) Every veterinary hospital shall be licensed by the Board. The Board shall set the annual license fee in accordance with § 2-303(b) of this subtitle. The license shall be applied for and issued to the owner of the hospital.

(c) The Board may reject an application, or suspend or revoke the license for failure to maintain the facility properly. The rejection, suspension, or revocation shall be in accordance with the procedures set out in § 2-311 of this subtitle.
Md. Code, State Finance and Procurement § 2-509 — MD Code / Article gsf / Title 2 / Subtitle 5 / Section 2-509
§2–509.
Status: in_force

(a) The Board of Public Works, through the Department of General Services, shall publish minimum standards for facilities for handicapped individuals in public buildings. The standards shall conform to American Standards Association specification A 117.1-1961, as modified by the Department of General Services.

(b) The standards may not require facilities for handicapped individuals in any part of a public building that is not open to or used by the general working force or the general public.

(c) The appropriate contracting authority shall determine whether the plans and specifications for any public building built by the State, a political subdivision of the State, or a public authority meet the standards adopted under this section.

(d) The standards shall be filed with the Secretary of State.
Md. Code, Transportation § 2-103.7 — MD Code / Article gtr / Title 2 / Subtitle 1 / Section 2-103.7
§2–103.
Status: in_force

§2–103.7.

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

(2) “Major capital project” has the meaning stated in § 2–103.1 of this subtitle.

(3) (i) “Major transportation project” means a major capital project in the State Highway Administration or the Maryland Transit Administration whose total cost for all phases exceeds $5,000,000 and that:

1. Increases highway or transit capacity;

2. Reduces areas of heavy traffic congestion;

3. Improves commute times in areas of heavy traffic congestion;

4. Improves transit stations or station areas; or

5. Improves highway capacity through the use of intelligent transportation systems or congestion management systems.

(ii) “Major transportation project” does not include:

1. Projects in the Maryland Aviation Administration, the Maryland Port Administration, or the Maryland Transportation Authority;

2. Maintenance and storage facilities projects;

3. Water quality improvement projects;

4. Projects related to Maryland’s priorities for total maximum daily load development;

5. Safety–related projects that do not increase highway or transit capacity;

6. Roads within the Appalachian Development Highway System; or

7. Projects that are solely for system preservation.

(b) The Department shall:

(1) In accordance with federal transportation requirements, develop a project–based scoring system for major transportation projects using the goals and measures established under subsection (c) of this section;

(2) Develop the weighting metrics for each goal and measure established under subsection (c) of this section;

(3) On or before January 1, 2018, develop a model consistent with this section that uses the project–based scoring system developed under this subsection to rank major transportation projects being considered for inclusion in the draft and final Consolidated Transportation Program;

(4) Use the model developed under this subsection to rank major transportation projects being considered for inclusion in the draft and final Consolidated Transportation Program; and

(5) Make the model developed under item (3) of this subsection and any ranking under item (4) of this subsection available to the public:

(i) As an appendix to the Consolidated Transportation Program; and

(ii) On the Department’s website.

(c) (1) The State transportation goals are:

(i) Safety and security;

(ii) System preservation;

(iii) Reducing congestion and improving commute times;

(iv) Environmental stewardship;

(v) Community vitality;

(vi) Economic prosperity;

(vii) Equitable access to transportation;

(viii) Cost effectiveness and return on investment; and

(ix) Local priorities.

(2) In evaluating whether and to what extent a major transportation project satisfies the goals established under paragraph (1) of this subsection, the Department shall assign a score for each goal using the weighting metrics developed by the Department under subsection (b)(2) of this section and the following measures:

(i) For safety and security:

1. The expected reduction in total fatalities and severe injuries in all modes affected by the project; and

2. The extent to which the project implements the Maryland State Highway Administration’s Complete Streets policies.

(ii) For system preservation:

1. The degree to which the project increases the lifespan of the affected facility;

2. The degree to which the project increases the functionality of the facility; and

3. The degree to which the project renders the facility more resilient.

(iii) For reducing congestion and improving commute times:

1. The expected change in cumulative job accessibility within an approximately 60–minute commute for highway projects or transit projects;

2. The degree to which the project has a positive impact on travel time reliability and congestion; and

3. The degree to which the project supports connections between different modes of transportation and promotes multiple transportation choices.

(iv) For environmental stewardship:

1. The potential of the project to limit or reduce harmful emissions;

2. The degree to which the project avoids impacts on State resources in the project area and adjacent areas; and

3. The degree to which the project advances the State environmental goals.

(v) For community vitality:

1. The degree to which the project is projected to increase the use of walking, biking, and transit;

2. The degree to which the project enhances existing community assets; and

3. The degree to which the project furthers the affected community’s and State’s plans for revitalization.

(vi) For economic prosperity:

1. The projected increase in the cumulative job accessibility within an approximately 60–minute commute for projects;

2. The extent to which the project is projected to enhance access to critical intermodal locations for the movement of goods and services; and

3. The projected increase in furthering nonspeculative local and State economic development strategies in existing communities.

(vii) For equitable access to transportation:

1. The expected increase in job accessibility for disadvantaged populations within an approximately 60–minute commute for projects; and

2. The projected economic development impact on low–income communities.

(viii) For cost effectiveness and return on investment:

1. The estimated travel time savings divided by the project cost;

2. The degree to which the project leverages additional federal, State, local, and private sector transportation investment; and

3. The degree to which the project will increase transportation alternatives and redundancy.

(ix) For local priorities, the degree to which the project supports local government transportation priorities, as specified in local government priority letters.

(d) (1) The score of a major transportation project shall be based solely on the goals and measures established under subsection (c) of this section.

(2) The Department shall make the scores of all projects evaluated for inclusion in the Consolidated Transportation Program and assigned a score under the model available to the public:

(i) As an appendix to the Consolidated Transportation Program; and

(ii) On the Department’s Web site.

(e) Nothing in this section may be construed to impede or alter:

(1) The priority letter process that outlines local transportation priorities for the Department’s consideration for inclusion in the Consolidated Transportation Program under § 2–103.1 of this subtitle;

(2) The Department’s visit to each county under § 2–103.1(e) of this subtitle; or

(3) The inclusion of local transportation priorities in the Consolidated Transportation Program.
Md. Code, Economic Development § 2-107 — MD Code / Article gec / Title 2 / Subtitle 1 / Section 2-107
§2–107.
Status: in_force

(a) The appointment or removal of personnel by a unit under the jurisdiction of the Department is subject to the approval of the Secretary.

(b) The Secretary may delegate the approval authority under subsection (a) of this section to the head or governing body of the unit.
Md. Code, State Government § 2-10A-11 — MD Code / Article gsg / Title 2 / Subtitle 10A / Section 2-10A-11
§2–10A–11.
Status: in_force

(a) There is a Joint Committee on Unemployment Insurance Oversight.

(b) The Committee consists of the following 15 members:

(1) three members of the Senate, appointed by the President of the Senate;

(2) three members of the House of Delegates, appointed by the Speaker of the House of Delegates;

(3) the Secretary of Labor, or the Secretary’s designee;

(4) the Secretary of Commerce, or the Secretary’s designee;

(5) a representative of the Maryland Retailers Association, designated by the Maryland Retailers Association;

(6) a representative of the Maryland Chamber of Commerce, designated by the Maryland Chamber of Commerce;

(7) a representative of the National Federation of Independent Business, designated by the National Federation of Independent Business;

(8) a representative of the Job Opportunities Task Force, designated by the Job Opportunities Task Force;

(9) two representatives of union labor, designated by the Maryland State and District of Columbia AFL–CIO; and

(10) a representative of the academic profession who is knowledgeable in unemployment insurance law, designated jointly by the President of the Senate and the Speaker of the House of Delegates.

(c) The members of the Committee serve at the pleasure of the presiding officer who appointed them.

(d) The President and the Speaker shall appoint a Senator and a Delegate, respectively, each to serve as cochair.

(e) (1) The Committee shall examine the condition of the unemployment insurance system in the State as a result of the implementation of Chapter 169 of the Acts of the General Assembly of 2005.

(2) The Committee may examine the need for additional alterations to the unemployment insurance system, including the charging and taxation provisions and the eligibility and benefit provisions, in consideration of the fairness of the system and in order to maintain the Unemployment Insurance Trust Fund at a level sufficient to ensure that benefits will be paid from the Fund.

(f) (1) The Department of Legislative Services shall provide staffing for the Committee.

(2) The Maryland Department of Labor shall report to the Committee on the condition of unemployment insurance in the State.

(g) A member of the Committee may not receive compensation for serving on the Committee, but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(h) The Committee shall report its findings and recommendations to the Governor and, subject to § 2–1257 of this title, the General Assembly on December 31 of each year in which the Committee meets.
Md. Code, Agriculture § 2-509 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-509
§2–509.
Status: reserved

(a) (1) The Foundation shall follow the provisions under this section for the easement application process.

(2) The Foundation shall adopt regulations and procedures for:

(i) Evaluation of land for which application is made to sell an easement; and

(ii) Purchase of easements, including the purchase of easements under an installment purchase agreement.

(b) Regulations and procedures adopted by the Foundation for the purchase of easements shall provide that:

(1) One or more owners of land actively devoted to agricultural use may file an application with the county governing body requesting the purchase of an easement by the Foundation on the land owned by the applicants. The application shall include maps and descriptions of the current use of land for the proposed easement, and any other information required by the Foundation to evaluate the land for purchase of an easement.

(2) Upon receipt of an application to purchase an easement the local governing body shall refer the application and accompanying materials both to the agricultural preservation advisory board and to the county planning and zoning body.

(i) After the referral of an application, the agricultural preservation advisory board shall advise the county governing body as to whether or not the land for the proposed easement meets the qualifications established by the Foundation under subsection (d) of this section, and whether or not the advisory board recommends the purchase of the easement.

(ii) In making its recommendation, the county agricultural preservation advisory board shall:

1. Take into consideration criteria and standards established by the Foundation under this subtitle, current local regulations, local patterns of land development, the kinds of development pressures currently existing on the land for the proposed easement, State smart growth goals, and any locally established priorities for the preservation of agricultural land; and

2. Recommend for ranking any application that qualifies and meets the priorities established by the county governing body for the preservation of agricultural land.

(iii) After the referral of an application, the county planning and zoning body shall advise the local governing body as to whether or not the purchase of the easement is compatible with existing and approved county plans and overall county policy, and whether or not the planning and zoning body recommends the purchase of the easement.

(3) If either the agricultural preservation advisory board or the planning and zoning body recommends approval, the county governing body shall hold a public hearing on the application for the proposed easement. Adequate notice of the hearing shall be given to all owners whose land would be encumbered by the proposed easement and all owners whose land is contiguous to the land for the proposed easement.

(4) In deciding whether to approve the application, the county governing body shall receive the recommendation of the county agricultural preservation advisory board established under § 2–504.1 of this subtitle.

(5) (i) After the receipt of the application and the recommendations of the agricultural preservation advisory board and the county planning and zoning body, the county governing body shall render a decision as to whether or not the application shall be recommended to the Foundation for approval.

(ii) If the county governing body decides to recommend approval of the application, it shall notify the Foundation and forward to the Foundation:

1. The application and all accompanying materials, including the recommendations of the advisory board and county planning and zoning body;

2. A ranking of all applications based on:

A. The county governing body’s locally established priorities as approved by the Foundation, which for purposes of enhancing competitive bidding may include a system that ranks properties in ascending order with respect to the proportion obtained by dividing the asking price by the value of the easement; and

B. Guidelines adopted by the Foundation under subsection (d) of this section; and

3. A statement of the total current development rights on the land for the proposed easement, which shall include the total number of development rights that have been subdivided or transferred.

(iii) If the county governing body recommends denial of the application, it shall inform the Foundation and the applicants.

(c) Regulations and procedures adopted by the Foundation for the purchase and monitoring of easements may not require, in Garrett County or Allegany County, a natural gas rights owner or lessee to subordinate its interest to the Foundation’s interest if the Foundation determines that exercise of the natural gas rights will not interfere with an agricultural operation conducted on land subject to an easement.

(d) Regulations and criteria developed by the Foundation relating to land which may be considered for purchase of an easement shall provide that:

(1) Subject to item (2) of this subsection, land shall meet productivity, acreage, and locational criteria determined by the Foundation to be necessary for the continuation of farming;

(2) As long as all other criteria are met, land that is at least 50 acres in size or is contiguous to other permanently preserved land shall qualify for purchase of an easement;

(3) The Foundation shall attempt to preserve the minimum number of acres which may reasonably be expected to promote the continued availability of agricultural suppliers and markets for agricultural goods;

(4) Land within the boundaries of a 10–year water and sewer service district may be considered for purchase of an easement only if that land is outstanding in productivity and is of significant size;

(5) Land may be considered for purchase of an easement only if the county regulations governing the land permit the activities listed under § 2–513(a) of this subtitle; and

(6) Land be evaluated for:

(i) Location in a priority preservation area of the county;

(ii) Soil and other land characteristics associated with agricultural and silvicultural productivity;

(iii) Agricultural and silvicultural production and contribution to the agricultural and silvicultural economy; and

(iv) Any other unique county considerations that support the goals of the program.
Md. Code, Commercial Law § 2A-102 — MD Code / Article gcl / Title 2A / Subtitle 1 / Section 2A-102
§2A–102.
Status: in_force

This title applies to any transaction, regardless of form, that creates a lease.
Md. Code, Corporations and Associations § 2-510 — MD Code / Article gca / Title 2 / Subtitle 5 / Section 2-510
§2–510.
Status: in_force

One or more stockholders of a corporation may confer the right to vote or otherwise represent their stock to a trustee by:

(1) Entering into a written voting trust agreement which specifies the terms and conditions of the voting trust;

(2) Providing an executed copy of the voting trust agreement to the corporation at its principal office or by electronic transmission; and

(3) Transferring their stock for purposes of the agreement to a trustee.
Md. Code, Corporations and Associations § 2-413 — MD Code / Article gca / Title 2 / Subtitle 4 / Section 2-413
§2–413.
Status: in_force

(a) Unless the bylaws provide otherwise, the board of directors shall elect the officers.

(b) Unless the bylaws provide otherwise, an officer serves for one year and until his successor is elected and qualifies.

(c) (1) The board of directors may remove any officer or agent of the corporation.

(2) The removal of an officer or agent does not prejudice any of his contract rights.

(d) Unless the bylaws provide otherwise, the board of directors may fill a vacancy which occurs in any office.
Md. Code, Real Property § 2-126 — MD Code / Article grp / Title 2 / Subtitle 1 / Section 2-126
§2–126.
Status: in_force

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

(2) “Accessory dwelling unit” has the meaning stated in § 4–501 of the Land Use Article.

(3) “Restriction on use” includes any covenant, restriction, or condition contained in:

(i) A deed;

(ii) A declaration;

(iii) A contract;

(iv) The bylaws or rules of a homeowners association;

(v) A security instrument; or

(vi) Any other instrument affecting:

1. The transfer or sale of real property; or

2. Any other interest in real property.

(b) (1) Except as provided in paragraph (2)(ii) of this subsection, if a property owner has the exclusive right to use the property and abides by all applicable laws and regulations, a restriction on use regarding land use may not impose or act to impose an unreasonable limitation on the ability of the property owner to develop or offer for rent an accessory dwelling unit.

(2) For the purpose of paragraph (1) of this subsection, an unreasonable limitation:

(i) Includes a limitation that prohibits, either explicitly or by effect of the restrictions, the development of an accessory dwelling unit; and

(ii) Does not include a limitation on the short–term rental of an accessory dwelling unit.

(c) This section does not apply to a restriction on use on historic property that is listed in or determined by the Director of the Maryland Historical Trust to be eligible for inclusion in the Maryland Register of Historic Properties.
Md. Code, Environment § 2-1212 — MD Code / Article gen / Title 2 / Subtitle 12 / Section 2-1212
§2–1212.
Status: in_force

§2–1212. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2031 PER CHAPTER 645 OF 2021 //

(a) (1) It is the policy of the State to support and encourage public and private tree–planting efforts, with a goal of planting and helping to maintain in the State 5,000,000 sustainable trees of species native to the State by the end of calendar year 2031.

(2) This goal:

(i) Is in addition to any trees projected to be planted under programs described in the 2019 Draft Greenhouse Gas Emissions Reduction Plan; and

(ii) Includes native tree plantings accomplished through State programs and through the efforts of nonprofit and private organizations.

(3) It is the intent of the General Assembly that at least 500,000 of the 5,000,000 trees called for by this subsection should be planted in an “underserved area”, as defined in § 8–1911 of the Natural Resources Article.

(b) (1) The Department:

(i) Is responsible for tracking the State’s progress toward meeting the goals established under subsection (a) of this section; and

(ii) Shall serve as the lead agency to receive data from:

1. The Maryland Department of Agriculture regarding tree plantings accomplished through the Conservation Reserve Enhancement Program and other agricultural initiatives;

2. The Department of Natural Resources regarding tree plantings accomplished through the Chesapeake and Atlantic Coastal Bays 2010 Trust Fund, the Mel Noland Woodland Incentives Fund, and other forestry initiatives; and

3. The Chesapeake Bay Trust regarding tree plantings accomplished through the Urban Trees Program.

(2) (i) There is a 5 Million Tree Program Coordinator within the Department.

(ii) The primary responsibility of the Program Coordinator is to promote, facilitate, and align the State’s efforts to achieve the goals established under subsection (a)(1) of this section.

(iii) On or before December 1 each year, the Program Coordinator shall:

1. Consolidate data on tree plantings from multiple sources; and

2. Report, in accordance with § 2–1257 of the State Government Article, to the Senate Education, Health, and Environmental Affairs Committee and the House Environment and Transportation Committee on the State’s progress toward meeting the goals established under subsection (a) of this section.

(c) The Governor shall formally pledge the State’s commitment to achieving the goals established under subsection (a) of this section through the U.S. Chapter of the World Economic Forum’s One Trillion Trees Initiative.
Md. Code, Business Occupations and Professions § 2-207 — MD Code / Article gbo / Title 2 / Subtitle 2 / Section 2-207
§2–207.
Status: in_force

(a) In addition to any powers set forth elsewhere, the Board may adopt:

(1) any bylaw that is necessary to do the business of the Board; and

(2) any regulation to carry out this title.

(b) In addition to any duties set forth elsewhere, the Board shall:

(1) adopt rules of professional conduct as appropriate to establish a high standard of integrity and dignity for practicing certified public accountancy; and

(2) keep a record of its proceedings.
Md. Code, Transportation § 2-202 — MD Code / Article gtr / Title 2 / Subtitle 2 / Section 2-202
§2–202.
Status: in_force

There is a Maryland Transportation Commission in the Department.
Md. Code, State Government § 2-903 — MD Code / Article gsg / Title 2 / Subtitle 9 / Section 2-903
§2–903.
Status: in_force

(a) The Committee consists of 16 members.

(b) Of the 16 Committee members:

(1) 8 shall be Senators, appointed by the President; and

(2) 8 shall be Delegates, appointed by the Speaker.
Md. Code, Tax - Property § 2-111 — MD Code / Article gtp / Title 2 / Subtitle 1 / Section 2-111
§2–111.
Status: in_force

The Director, after consultation with the Secretary of Budget and Management, may adopt a regulation that permits the substitution of building trades or real estate experience for any educational qualifications that are set for assessors under § 2-109 of this subtitle.
Md. Code, Environment § 2-1204 — MD Code / Article gen / Title 2 / Subtitle 12 / Section 2-1204
§2–1204.
Status: in_force

The State shall reduce statewide greenhouse gas emissions by 25% from 2006 levels by 2020.
Md. Code, Agriculture § 2-2101 — MD Code / Article gag / Title 2 / Subtitle 21 / Section 2-2101
§2–2101.
Status: in_force

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

(b) “Farm product” means:

(1) Any agricultural, horticultural, vegetable, or fruit product of the soil, whether raw or canned, frozen, dried, pickled, or otherwise processed;

(2) Livestock, meats, marine food products, poultry, eggs, or dairy products;

(3) Wool, hides, feathers, nuts, or honey; or

(4) Any product of farm, forest, orchard, garden, or water.

(c) “Fund” means the Urban Agriculture Water and Power Infrastructure Grant Fund.

(d) “Program” means the Urban Agriculture Water and Power Infrastructure Grant Program.

(e) “Qualified nonprofit organization” means a nonprofit organization that operates a farm or community garden in an area of the State delineated as an urban area by the U.S. Census Bureau.

(f) “Urban agricultural producer” means any person that:

(1) Annually produces farm products in an area of the State that is:

(i) Delineated as an urban area by the U.S. Census Bureau; or

(ii) Within the boundaries of a municipal corporation; and

(2) Sells, plans to sell, or normally would have sold at least $1,000 annually of farm products produced from a farming operation in the State.
Md. Code, Agriculture § 2-709 — MD Code / Article gag / Title 2 / Subtitle 7 / Section 2-709
§2–709.
Status: in_force

(a) (1) The Board, with the approval of the Secretary, may appoint a qualified inspector to act as its agent and make inspections throughout the State.

(2) The inspector is entitled to:

(i) A salary in accordance with the State budget; and

(ii) Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(b) (1) The Board may designate officers of county humane societies, societies for the prevention of cruelty to animals, or licensed veterinarians to:

(i) Act as its agent; and

(ii) Make routine inspections.

(2) An inspector designated under paragraph (1) of this subsection:

(i) May not receive compensation; but

(ii) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Human Services § 2-408 — MD Code / Article ghu / Title 2 / Subtitle 4 / Section 2-408
§2–408.
Status: in_force

(a) (1) Subject to the approval of the Secretary, the Commission may accept for the purposes of this subtitle:

(i) federal funds granted by Congress or executive order; and

(ii) private donations from individuals, organizations, or foundations.

(2) The acceptance and use of federal funds does not commit State funds or obligate the General Assembly to continue the purposes for which the federal funds are granted.

(b) The Department shall include the Commission in its annual budget.
Md. Code, State Government § 2-1102 — MD Code / Article gsg / Title 2 / Subtitle 11 / Section 2-1102
§2–1102.
Status: in_force

Each standing committee continues when the General Assembly is not in session.
Md. Code, Financial Institutions § 2-121 — MD Code / Article gfi / Title 2 / Subtitle 1 / Section 2-121
§2–121.
Status: in_force

(a) Before using a trade name to engage in any activity requiring a license or registration from the Commissioner or the State Collection Agency Licensing Board, the licensed or registered person shall:

(1) Register the trade name with the State Department of Assessments and Taxation; and

(2) Obtain the approval of the Commissioner, or the State Collection Agency Licensing Board if licensed by the Board, to use the trade name by:

(i) Designating on an original license or registration application or on a license or registration renewal application through NMLS the trade name under which the licensed or registered person will engage in licensed activity in the State; or

(ii) If the person wishes to begin using a trade name before renewing a license or registration, notifying the Commissioner, or the State Collection Agency Licensing Board if licensed by the Board, in writing by listing the trade name in the person’s NMLS record.

(b) After receiving approval from the Commissioner or from the State Collection Agency Licensing Board if licensed by the Board for the use of a trade name, the licensed or registered person shall:

(1) Maintain registration of the trade name in accordance with § 1–406 of the Corporations and Associations Article and any implementing regulations;

(2) List the trade name in NMLS; and

(3) Immediately notify the Commissioner, or the State Collection Agency Licensing Board if licensed by the Board, if the person amends, cancels, or otherwise fails to renew the registration of the trade name.
Md. Code, Public Safety § 2-415 — MD Code / Article gps / Title 2 / Subtitle 4 / Section 2-415
§2–415.
Status: in_force

(a) (1) Retirement shall occur in accordance with the State Personnel and Pensions Article.

(2) Except for the Secretary, retirement is mandatory as provided in § 24-401(c) of the State Personnel and Pensions Article.

(b) (1) The Secretary may apply for disability retirement on behalf of a police employee in accordance with § 29-103 of the State Personnel and Pensions Article.

(2) This subsection does not prevent a police employee from exercising the individual’s rights under § 21-111 of the State Personnel and Pensions Article.

(c) (1) Notwithstanding any other provision of law, a police employee, on retirement in good standing, may keep or acquire the handgun issued by the State to that police employee if:

(i) the police employee reimburses the Department for the replacement value of the handgun; and

(ii) the Secretary authorizes the transaction.

(2) The Secretary shall adopt regulations necessary to carry out this subsection.
Md. Code, Tax - General § 2-1302.5 — MD Code / Article gtg / Title 2 / Subtitle 13 / Section 2-1302.5
§2–1302.
Status: in_force

§2–1302.5.

After making the distributions required under §§ 2–1301 through 2–1302.4 of this subtitle, of the sales and use tax collected under § 11–104(l) of this article, the Comptroller shall distribute the revenue to the General Fund of the State.
Md. Code, Public Utilities § 2-206 — MD Code / Article gpu / Title 2 / Subtitle 2 / Section 2-206
§2–206.
Status: in_force

If the budget for the Office of People’s Counsel is insufficient to allow it to perform its duties, the Office of People’s Counsel may apply to the Board of Public Works for additional money from the General Emergency Fund.
Md. Code, Insurance § 2-111 — MD Code / Article gin / Title 2 / Subtitle 1 / Section 2-111
§2–111.
Status: in_force

(a) The Commissioner shall keep records of official transactions, examinations, investigations, and proceedings of the Commissioner.

(b) Except as otherwise provided in this article for particular records or insurance filings, the records of the Commissioner and insurance filings in the office of the Commissioner are open to public inspection.

(c) (1) On request, the Commissioner shall provide a certificate under seal as to the authority of any person to transact insurance business.

(2) The certificate of the Commissioner under seal is evidence of the facts contained in it.
Md. Code, Health Occupations § 2-3B-04 — MD Code / Article gho / Title 2 / Subtitle 3B / Section 2-3B-04
§2–3B–04.
Status: in_force

A license to assist in the practice of audiology authorizes the licensed individual to assist a licensed audiologist in the practice of audiology while the license is effective.
Md. Code, Business Occupations and Professions § 2-321 — MD Code / Article gbo / Title 2 / Subtitle 3 / Section 2-321
§2–321.
Status: in_force

(a) In this section, “practice certified public accountancy” includes the practice of public accountancy.

(b) (1) An individual whose principal place of business is outside the State is exempt from the licensing requirement under § 2–301 of this subtitle and shall be considered to have qualifications that are substantially equivalent to a licensee if the individual:

(i) holds a valid license as a certified public accountant from another state; and

(ii) was required to pass the Uniform CPA Examination to qualify for the license in the other state.

(2) An individual who qualifies for an exemption under paragraph (1) of this subsection may exercise all of the privileges of a licensed certified public accountant.

(c) Notwithstanding any other provision of law, an individual who qualifies for a practice privilege under this section may practice certified public accountancy in the State:

(1) by any means, including mail, telephone, or electronic communication; and

(2) without any notice, fee, or other submission to the Board.

(d) As a condition of the practice privilege, an individual who is licensed by another state and qualifies for a practice privilege under this subtitle and any firm that employs the individual to practice in the State shall both consent to:

(1) the personal and subject matter jurisdiction and disciplinary authority of the Board;

(2) complying with State public accountancy laws and regulations adopted by the Board;

(3) the appointment of the State Board of Public Accountancy that issued the individual’s license to practice certified public accountancy as the agent upon which process may be served in any action or proceeding by the Board against the individual; and

(4) ceasing to offer or provide services in the State that are subject to this title if the license issued by the state in which the individual’s principal place of business is located is no longer valid.

(e) An individual authorized to practice certified public accountancy under this section and under the practice privilege may represent to the public, by use of a title, including “licensed certified public accountant”, “certified public accountant”, “public accountant”, or “auditor”, by use of the abbreviation “CPA”, by description of services, methods, or procedures, or otherwise, that the individual is authorized to practice certified public accountancy in the State.

(f) A sole practitioner who is practicing in the State under the practice privilege may only perform attest services as defined in § 2–101(c)(1), (4), or (5) of this title, through a firm that holds a permit issued under § 2–401 of this title.
Md. Code, Family Law § 2-406 — MD Code / Article gfl / Title 2 / Subtitle 4 / Section 2-406
§2–406.
Status: in_force

(a) (1) In this subsection, “judge” means:

(i) a judge of the District Court, a circuit court, the Appellate Court of Maryland, or the Supreme Court of Maryland;

(ii) a judge approved under Article IV, § 3A of the Maryland Constitution and § 1–302 of the Courts Article for recall and assignment to the District Court, a circuit court, the Appellate Court of Maryland, or the Supreme Court of Maryland;

(iii) a judge of a United States District Court, a United States Court of Appeals, or the United States Tax Court; or

(iv) a judge of a state court if the judge is active or retired but eligible for recall.

(2) A marriage ceremony may be performed in this State by:

(i) any official of a religious order or body authorized by the rules and customs of that order or body to perform a marriage ceremony;

(ii) any clerk;

(iii) any deputy clerk designated by the clerk of the circuit court for the county; or

(iv) a judge.

(b) Within 6 months after a license becomes effective, any authorized official may perform the marriage ceremony of the individuals named in the license.

(c) (1) An individual may not perform a marriage ceremony unless the individual is authorized to perform a marriage ceremony under subsection (a) of this section.

(2) An individual who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $500.

(d) (1) An individual may not knowingly perform a marriage ceremony between individuals who are prohibited from marrying under § 2-202 of this title.

(2) An individual who violates the provisions of this subsection is guilty of a misdemeanor and on conviction is subject to a fine of $500.

(e) (1) An individual may not perform a marriage ceremony without a license that is effective under this subtitle.

(2) An individual who violates the provisions of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

(f) The county administrative judge of the circuit court for the county shall designate:

(1) when and where the clerk or deputy clerk may perform a marriage ceremony; and

(2) the form of the marriage ceremony to be recited by the clerk or deputy clerk and the parties being married.

(g) This section does not affect the right of any religious denomination to perform a marriage ceremony in accordance with the rules and customs of the denomination.
Md. Code, Alcoholic Beverages and Cannabis § 2-129 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-129
§2–129.
Status: in_force

This part applies statewide.
Md. Code, State Personnel and Pensions § 2-706 — MD Code / Article gsp / Title 2 / Subtitle 7 / Section 2-706
§2–706.
Status: in_force

(a) A returning veteran who is reinstated under this subtitle is entitled to start at the salary and rate of leave accrual that the veteran would have attained if employment with this State had been continuous.

(b) In calculating seniority, status, and length of State employment of a returning veteran who is reinstated under this subtitle, the period from the day the veteran entered service in the uniformed services to the day that the veteran is reinstated shall be added to the period of the veteran’s State employment.

(c) A returning veteran who is reinstated under this subtitle is entitled to:

(1) all benefits and privileges, including rate of pay, that result from the additional seniority and status credited under subsection (b) of this section;

(2) pension and retirement rights as determined under Title 38, Subtitle 1 of this article; and

(3) any service status that the veteran had when the veteran entered service in the uniformed services, with adjustments to reflect the additional seniority credited under subsection (b) of this section.

(d) A returning veteran who is reinstated to a position under this subtitle may not be discharged from that position within 1 year after reinstatement without substantial cause and, if the position is a skilled service or professional service position, with the exception of special appointments, only for the reasons and in the manner provided for skilled service or professional service employees.
Md. Code, Alcoholic Beverages and Cannabis § 2-203 — MD Code / Article gab / Title 2 / Subtitle 2 / Section 2-203
§2–203.
Status: in_force

(a) There is a Class 9 limited distillery license.

(b) The limited distillery license may be issued only to a holder of a:

(1) Class D beer, wine, and liquor license where sales for both on– and off–premises consumption are permitted for use on the premises for which the Class D license was issued; or

(2) Class B beer, wine, and liquor license where sales for both on– and off–premises consumption are permitted for use on the premises for which the Class B license was issued.

(c) A holder of the limited distillery license:

(1) may establish and operate a plant in the State for distilling, rectifying, and bottling brandy, rum, whiskey, alcohol, and neutral spirits if the holder:

(i) maintains only one brand at any one time for each product of brandy, rum, whiskey, alcohol, and neutral spirits that is distilled, rectified, and sold; and

(ii) does not manufacture or rectify product of any other brand for another entity;

(2) may acquire bulk alcoholic beverages from the holder of a distillery or rectifying license in the State or from the holder of a nonresident dealer’s permit;

(3) after acquiring an individual storage permit, may store on the licensed premises those products manufactured under the license;

(4) except as authorized under subsection (d)(1) of this section, may sell and deliver those products manufactured under the license only to a licensed wholesaler in the State or person authorized to acquire distilled spirits in another state and not to a county dispensary;

(5) may sell the products manufactured under the license at retail in a manner consistent with the underlying Class D or Class B license;

(6) may conduct guided tours of that portion of the licensed premises used for the limited distillery operation; and

(7) may serve not more than three samples of products manufactured at the licensed premises, with each sample consisting of not more than one–half ounce from a single product, to persons who:

(i) have attained the legal drinking age;

(ii) participated in a guided tour; and

(iii) are present on that portion of the premises used for the limited distillery operation.

(d) A holder of the limited distillery license may not:

(1) apply for or possess a wholesaler’s license, except for a Class 8 liquor wholesaler’s license;

(2) sell bottles of the products manufactured at the Class 9 limited distillery on that part of the premises used for the distillery operation;

(3) except as provided in subsection (e) of this section, distill, rectify, bottle, or sell more than 100,000 gallons of brandy, rum, whiskey, alcohol, and neutral spirits each calendar year;

(4) sell at retail on the premises of the Class D or Class B license, for on–premises or off–premises consumption, more than 31,000 gallons of the products manufactured under the license each calendar year; and

(5) own, operate, or be affiliated in any manner with another manufacturer.

(e) To distill more than the gallonage specified in subsection (d)(3) of this section, a holder of the limited distillery license shall divest itself of any Class D or Class B retail license and obtain a Class 1 distillery license.

(f) A holder of the limited distillery license shall abide by all trade practice restrictions applicable to distilleries.

(g) The annual license fee:

(1) shall be determined by the Executive Director; and

(2) may not exceed $500.
Md. Code, Education § 2-101 — MD Code / Article ged / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

There is a State Department of Education, established as a principal department of the State government.
Md. Code, Alcoholic Beverages and Cannabis § 2-151 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-151
§2–151.
Status: in_force

(a) There is a common carrier permit.

(b) A holder of a common carrier permit may deliver wine from a location inside or outside the State to a consumer in the State for the consumer’s personal use under this part.

(c) A person shall be issued a common carrier permit before the person may engage in transporting wine from a direct wine shipper to a consumer.

(d) The term of a common carrier permit is 1 year and begins on July 1.

(e) To complete delivery of a shipment, the common carrier shall require from a consumer at the address listed on the shipping label:

(1) the signature of the consumer or another individual at the address who is at least 21 years old; and

(2) government–issued photographic identification showing that the signing individual is at least 21 years old.

(f) A common carrier shall refuse delivery when the intended receiving individual appears to be under the age of 21 years or refuses to present valid identification.

(g) At the time of initial application for a common carrier permit and on request of the Executive Director, a common carrier shall submit to the Executive Director information concerning the training of its drivers in verifying the age of recipients of direct wine shipments under this part.

(h) At least once each year, in a manner acceptable to the Executive Director, a holder of a common carrier permit shall verify that the shipper of wine into the State under this part holds a valid direct wine shipper’s permit.

(i) A holder of a common carrier permit that delivers wine solely under this part may not be required to obtain a transportation permit issued under § 2–118 or § 2–119 of this subtitle in addition to the common carrier permit.

(j) The permit fee is $100.
Md. Code, Tax - General § 2-1201 — MD Code / Article gtg / Title 2 / Subtitle 12 / Section 2-1201
§2–1201.
Status: in_force

The Comptroller shall pay refunds relating to the public service company franchise tax from the General Fund of the State.
Md. Code, Public Safety § 2-408 — MD Code / Article gps / Title 2 / Subtitle 4 / Section 2-408
§2–408.
Status: in_force

(a) Except as allowed by this article, Title 9 or Title 10 of the Labor and Employment Article, or rule, an employee of the Department may not receive money or any other thing of value for services performed by the employee as an employee of the Department or otherwise resulting from employment by the Department.

(b) When an employee is allowed by the Secretary to accept money or any other thing of value, the money or other thing of value shall be delivered to the Department and disposed of as provided by rule.
Md. Code, Courts and Judicial Proceedings § 2-401 — MD Code / Article gcj / Title 2 / Subtitle 4 / Section 2-401
§2–401.
Status: in_force

(a) An appellate court shall have a clerk who is appointed by and serves at the pleasure of the court. He shall perform the duties required by Subtitle 2 of this title and the additional duties prescribed by the judges.

(b) Subject to approval by the court, the clerk may employ the deputy clerks and other employees necessary for the conduct of his office who shall perform the duties prescribed by the judges.
Md. Code, Environment § 2-1204.3 — MD Code / Article gen / Title 2 / Subtitle 12 / Section 2-1204.3
§2–1204.
Status: in_force

§2–1204.3.

(a) The Governor may include the State as a full participant in any regional governmental initiative, agreement, or compact that limits or reduces greenhouse gas emissions from the transportation sector.

(b) On or before November 1, 2019, and each year thereafter for the next 3 years, the Department and the Department of Transportation shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the status of a regional governmental initiative, agreement, or compact that limits or reduces greenhouse gas emissions from the transportation sector, including:

(1) Whether a regional governmental initiative, agreement, or compact that limits greenhouse gas emissions from the transportation sector exists;

(2) Whether the Governor has included the State as a full participant in such an initiative, agreement, or compact; and

(3) Any other information the Department or the Department of Transportation considers relevant.

(c) The State may withdraw from a regional governmental initiative, agreement, or compact entered into under this section if the General Assembly enacts a law to approve the withdrawal.
Md. Code, State Government § 2-2A-01 — MD Code / Article gsg / Title 2 / Subtitle 2A / Section 2-2A-01
§2–2A–01.
Status: in_force

(a) The population count used after each decennial census for the purpose of creating the legislative districting plan for the General Assembly:

(1) may not include individuals who:

(i) were incarcerated in State or federal correctional facilities, as determined by the decennial census; and

(ii) were not residents of the State before their incarceration; and

(2) shall count individuals incarcerated in the State or federal correctional facilities, as determined by the decennial census, at their last known residence before incarceration if the individuals were residents of the State.

(b) Beginning with the 2020 decennial census:

(1) on or before October 31 in the year of each decennial census, the Department of Public Safety and Correctional Services shall submit to the Maryland Department of Planning and the Department of Legislative Services the following identifiable information, in electronic form, for each individual incarcerated in a State correctional facility on April 1 in the year of the decennial census:

(i) the name of the individual;

(ii) the address of the individual’s last known residence;

(iii) the individual’s race or ethnicity; and

(iv) any other information necessary to fulfill the purposes of this section; and

(2) on or before August 1 in the year of each decennial census, the Maryland Department of Planning and the Department of Legislative Services shall enter into a memorandum of understanding, the terms of which shall require the Maryland Department of Planning and the Department of Legislative Services to work collaboratively to:

(i) summarize the results of the geocoded data created by the Maryland Department of Planning as required under COMAR 35.05.01;

(ii) using the geocoded data, identify the individuals incarcerated in a State correctional facility or federal correctional facility in the State that will be included in the adjusted census data under this section;

(iii) make any necessary changes to the Maryland Department of Planning’s geocoded database;

(iv) jointly review for accuracy any changes to the census data by any software vendor or other entity; and

(v) jointly certify, on or before March 15 in the year following each decennial census, the adjusted census data to be used for redistricting under this section.
Md. Code, Corporations and Associations § 2-511 — MD Code / Article gca / Title 2 / Subtitle 5 / Section 2-511
§2–511.
Status: in_force

(a) Unless the bylaws provide otherwise, the board of directors may set a record date or direct that the stock transfer books be closed for a stated period for the purpose of making any proper determination with respect to stockholders, including which stockholders are entitled to:

(1) Notice of a meeting;

(2) Vote at a meeting;

(3) Receive a dividend; or

(4) Be allotted other rights.

(b) As set by the bylaws or the board of directors:

(1) The record date may not be prior to the close of business on the day the record date is fixed. Except as otherwise provided in this section, the record date shall be not more than 90 days before the date on which the action requiring the determination will be taken;

(2) The transfer books may not be closed for a period longer than 20 days; and

(3) In the case of a meeting of stockholders, the record date or the closing of the transfer books shall be at least ten days before the date of the meeting.

(c) If a record date is not set and the stock transfer books are not closed:

(1) The record date for determining stockholders entitled to notice of or to vote at a meeting of stockholders is the later of:

(i) The close of business on the day on which notice of the meeting is mailed; or

(ii) The thirtieth day before the meeting; and

(2) The record date for determining stockholders entitled to receive payment of a dividend or an allotment of any rights is the close of business on the day on which the resolution of the board of directors declaring the dividend or allotment of rights is adopted, but the payment or allotment may not be made more than 60 days after the date on which the resolution is adopted.

(d) (1) A meeting of stockholders convened on the date for which it was called may be adjourned from time to time without further notice to a date not more than 120 days after the original record date.

(2) Prior to being convened, a meeting of stockholders may be postponed from time to time to a date not more than 120 days after the original record date.
Md. Code, Labor and Employment § 2-101 — MD Code / Article gle / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

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

(b) “Commissioner” means the Commissioner of Labor and Industry.

(c) “Division” means the Division of Labor and Industry.

(d) “Secretary” means the Secretary of Labor.
Md. Code, Corporations and Associations § 2-405.1 — MD Code / Article gca / Title 2 / Subtitle 4 / Section 2-405.1
§2–405.
Status: in_force

§2–405.1.

(a) In this section, “act” includes, as the context requires:

(1) An act, an omission, a failure to act, or a determination made not to act; or

(2) To act, omit to act, fail to act, or make a determination not to act.

(b) This section applies to acts of an individual who:

(1) Is or was a director of a corporation; and

(2) Is acting or was acting in the individual’s official capacity as a director of a corporation.

(c) A director of a corporation shall act:

(1) In good faith;

(2) In a manner the director reasonably believes to be in the best interests of the corporation; and

(3) With the care that an ordinarily prudent person in a like position would use under similar circumstances.

(d) (1) A director is entitled to rely on any information, opinion, report, or statement, including any financial statement or other financial data, prepared or presented by:

(i) An officer or employee of the corporation whom the director reasonably believes to be reliable and competent in the matters presented;

(ii) A lawyer, certified public accountant, or other person, as to a matter which the director reasonably believes to be within the person’s professional or expert competence; or

(iii) A committee of the board on which the director does not serve, as to a matter within its designated authority, if the director reasonably believes the committee to merit confidence.

(2) A director is not acting in good faith if the director has any knowledge concerning the matter in question which would cause the reliance to be unwarranted.

(e) A director who acts in accordance with the standard of conduct provided in this section shall have the immunity from liability described under § 5–417 of the Courts Article.

(f) The standard of conduct provided in this section does not require a director of a corporation to:

(1) Act to accept, recommend, or respond on behalf of the corporation to a proposal by an acquiring person as defined in § 3–801 of this article;

(2) Act to authorize the corporation to redeem any rights under, modify, or render inapplicable, a stockholder rights plan;

(3) Act to elect on behalf of the corporation to be subject to or refrain from electing on behalf of the corporation to be subject to any or all of the provisions of Title 3, Subtitle 8 of this article;

(4) Act to make a determination under the provisions of Title 3, Subtitle 6 or Subtitle 7 of this article; or

(5) Act solely because of:

(i) The effect the act may have on an acquisition or potential acquisition of control of the corporation; or

(ii) The amount or type of consideration that may be offered or paid to stockholders of the corporation in an acquisition or a potential acquisition of control of the corporation.

(g) An act of a director of a corporation is presumed to be in accordance with subsection (c) of this section.

(h) An act of a director of a corporation relating to or affecting an acquisition or a potential acquisition of control of the corporation or any other transaction or potential transaction involving the corporation may not be subject to a higher duty or greater scrutiny than is applied to any other act of a director.

(i) This section:

(1) Is the sole source of duties of a director to the corporation or the stockholders of the corporation, whether or not a decision has been made to enter into an acquisition or a potential acquisition of control of the corporation or enter into any other transaction involving the corporation; and

(2) Applies to any act of a director, including an act as a member of a committee of the board of directors.
Md. Code, Alcoholic Beverages and Cannabis § 2-113 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-113
§2–113.
Status: in_force

(a) There is an individual storage permit.

(b) The permit authorizes the holder to establish a warehouse to store alcoholic beverages in which title to the alcoholic beverages is vested in the permit holder.

(c) In Anne Arundel County and Baltimore County, a retailer is required to have written approval from the Board of License Commissioners before applying to the Executive Director for the permit.

(d) The permit fee is $50.
Md. Code, State Finance and Procurement § 2-603 — MD Code / Article gsf / Title 2 / Subtitle 6 / Section 2-603
§2–603.
Status: in_force

(a) Subject to the limitations in this section and notwithstanding any other provision of law, the Treasurer may lend to a bank or securities broker any security that is owned by the State and is in the custody of the Treasurer.

(b) (1) The Treasurer and the bank or broker to whom a loan is to be made under this section shall make a written contract that governs the loan.

(2) The contract shall set forth:

(i) the term of the loan;

(ii) the consideration for the loan;

(iii) any provisions that the Treasurer determines are needed to protect the interests of the State; and

(iv) any other conditions of the loan.

(c) Consideration for a loan under this section may not be less than the current market lending rate for the securities on loan.

(d) (1) The bank or broker to whom a loan is to be made under this section shall deposit with the Treasurer collateral with a value that equals or exceeds the value of the securities on loan.

(2) Collateral that may be used under this section shall be:

(i) money; or

(ii) a security in which the Treasurer may invest under § 6-222 or § 6-223 of this article.

(e) (1) The Treasurer may enter into a contractual agreement with a financial institution to lend, as agent, securities owned by the State and in the custody of the Treasurer.

(2) The financial institution shall provide security or indemnification acceptable to the Treasurer.
Md. Code, Tax - General § 2-902 — MD Code / Article gtg / Title 2 / Subtitle 9 / Section 2-902
§2–902.
Status: in_force

The Comptroller shall pay refunds relating to the Maryland generation-skipping transfer tax from the General Fund of the State.
Md. Code, Health Occupations § 2-310.3 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-310.3
§2–310.
Status: in_force

§2–310.3.

(a) Subject to the provisions of this section, the Board shall issue a limited license to assist in the practice of speech–language pathology to an applicant who:

(1) Except for the clinical observation hours and supervised clinical assisting experience hours requirement, meets the license requirements under § 2–302.3 of this subtitle;

(2) Demonstrates to the satisfaction of the Board that for the term of the limited license the applicant will practice only under the supervision of an individual described under subsection (b)(2) of this section;

(3) Submits an application to the Board on the form that the Board requires; and

(4) Pays to the Board an application fee set by the Board.

(b) (1) The purpose of a limited license to assist in the practice of speech–language pathology is to permit an individual to practice as a speech–language pathology assistant while completing the licensing requirements of this title.

(2) While it is effective, a limited license to assist in the practice of speech–language pathology authorizes the licensee to assist in the practice of speech–language pathology under the direct supervision of:

(i) A fully licensed speech–language pathologist; or

(ii) If the individual is employed in a setting in which licensure is not required as provided under § 2–301(b)(1)(i) of this subtitle, an individual who holds national certification in speech–language pathology from a professional organization as provided for in the regulations adopted by the Board.

(c) A limited license to assist in the practice of speech–language pathology expires on the first anniversary of its effective date.

(d) The Board may renew a limited license to assist in the practice of speech–language pathology once for an additional 1–year term, if the holder:

(1) Otherwise meets the requirements of this section;

(2) Submits a renewal application to the Board on the form that the Board requires; and

(3) Pays to the Board a limited license renewal fee set by the Board.

(e) If a limited licensee fails to receive a full license within 2 years, the individual shall wait a minimum of 1 year before the individual may apply for another license.
Md. Code, Alcoholic Beverages and Cannabis § 2-150 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-150
§2–150.
Status: in_force

(a) To receive a direct shipment or direct delivery of wine, a consumer in the State shall be at least 21 years old.

(b) A person who receives a shipment or delivery of wine shall use the shipment for personal consumption only and may not resell the shipment or delivery.
Md. Code, Insurance § 2-403 — MD Code / Article gin / Title 2 / Subtitle 4 / Section 2-403
§2–403.
Status: in_force

(a) The head of the Fraud Division is an Associate Commissioner of Insurance.

(b) (1) The Associate Commissioner of the Fraud Division shall be appointed by the Commissioner with the approval of the Governor.

(2) The Associate Commissioner is an employee of the Administration.

(3) The Associate Commissioner reports directly to and is under the direct supervision of the Commissioner.

(c) The Associate Commissioner of the Fraud Division is unclassified and is entitled to annual compensation as provided in the State budget.

(d) The Associate Commissioner of the Fraud Division is responsible for the operation of the Fraud Division and the exercise of all authority granted to the Fraud Division under this article.
Md. Code, Insurance § 2-203 — MD Code / Article gin / Title 2 / Subtitle 2 / Section 2-203
§2–203.
Status: in_force

(a) With respect to an examination, investigation, or hearing conducted by the Commissioner, the Commissioner, deputy commissioner, or an examiner authorized by the Commissioner may:

(1) administer oaths;

(2) examine individuals under oath; and

(3) issue subpoenas for the attendance of witnesses to testify or the production of evidence.

(b) (1) A subpoena issued under this section shall be served:

(i) in the same manner as a subpoena of a circuit court may be served; or

(ii) in the same manner as a service of process in a civil action in a circuit court may be served.

(2) If a person fails to comply with a lawfully served subpoena, the Commissioner immediately shall file a complaint and a copy of the subpoena and proof of service with the circuit court for the county where the person was required to appear or produce evidence.

(3) On receipt of a complaint and a copy of the subpoena and proof of service, the circuit court shall:

(i) issue an order directing compliance with the subpoena or compelling testimony; and

(ii) impose penalties as if the person had failed to comply with a subpoena of the court.

(c) (1) A person is not excused from attending, testifying, or producing evidence in an examination, investigation, or hearing conducted by or under authority of the Commissioner on the ground that the testimony or evidence may:

(i) tend to incriminate the person; or

(ii) subject the person to a penalty of forfeiture.

(2) Before a person that claims the privilege against self-incrimination is required or allowed to testify or produce evidence, the Commissioner shall consult with the Attorney General and, with the consent of the Attorney General, the person may not be prosecuted or punished in a criminal action because of an act, transaction, matter, or thing about which the person is compelled to produce evidence or testify under oath.

(3) A person that testifies is not exempt from prosecution and punishment for perjury committed while testifying.

(d) (1) A witness is entitled to the fees and mileage reimbursement allowed for testimony in a court.

(2) On submission of an itemized claim, witness fees, mileage, and actual necessary expenses incurred in securing attendance and testimony of a witness shall be paid by:

(i) the person being examined, if the person is found to have violated the law as to the matter about which the witness was subpoenaed; or

(ii) the person that requested the hearing, if the hearing was requested by a person other than the Commissioner.

(e) (1) A person may not willfully testify falsely under oath about any matter that is material to an examination, investigation, or hearing.

(2) A person that violates paragraph (1) of this subsection is guilty of perjury and on conviction shall be punished accordingly.

(f) (1) A person may not willfully fail to:

(i) appear and testify under oath before the Commissioner;

(ii) attend, answer, or produce evidence requested by the Commissioner; or

(iii) give the Commissioner full and truthful information and answer in writing to any material written inquiry of the Commissioner in relation to the subject of an examination, investigation, or hearing.

(2) In addition to or instead of any other applicable penalty, a person that violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 6 months or both.
Md. Code, Tax - General § 2-801 — MD Code / Article gtg / Title 2 / Subtitle 8 / Section 2-801
§2–801.
Status: in_force

The Comptroller shall distribute the Maryland estate tax revenue to the General Fund of the State.
Md. Code, Alcoholic Beverages and Cannabis § 2-316 — MD Code / Article gab / Title 2 / Subtitle 3 / Section 2-316
§2–316.
Status: in_force

(a) The purpose of this section is to eliminate the undue stimulation of the sale of alcoholic beverages and the practice of wholesalers granting secret discounts, rebates, allowances, free goods, or other inducements to selected license holders that contribute to a disorderly distribution of alcoholic beverages.

(b) (1) A licensed wholesaler, resident dealer, or nonresident winery permit holder may not discriminate directly or indirectly in price, discounts, or the quality of merchandise sold between:

(i) one dispensary and another dispensary;

(ii) one wholesaler and another wholesaler; or

(iii) one retailer and another retailer that purchases alcoholic beverages that bear the same brand and trade name, and are similar in age and quality.

(2) A nonresident dealer, resident dealer, nonresident winery permit holder, or nonresident unlicensed manufacturer may not use or promote the use of a practice prohibited under paragraph (1) of this subsection to sell or distribute alcoholic beverages to or through a licensed manufacturer, licensed wholesaler, or county dispensary.

(c) A supplier, nonresident dealer, resident dealer, nonresident winery permit holder, or wholesaler may not make a discount, rebate, or depletion allowance that is offered on a product dependent on the pricing policy or practice of the license holder who is invoiced for the product.

(d) (1) This section does not restrict a wholesaler, nonresident dealer, resident dealer, or nonresident winery permit holder from limiting the quantity of alcoholic beverages to be sold to a license holder under a voluntary or compulsory rationing plan.

(2) A wholesaler, nonresident dealer, resident dealer, or nonresident winery permit holder is not required to sell to all license holders from whom orders are received.
Md. Code, Alcoholic Beverages and Cannabis § 2-314 — MD Code / Article gab / Title 2 / Subtitle 3 / Section 2-314
§2–314.
Status: in_force

(a) A holder of a wholesaler’s license may not sell beer to a retail dealer on terms other than for cash on delivery.

(b) A suit or civil action to enforce or collect a claim for credit extended or enforce payment of a check given for payment in violation of this section may not be maintained in the State.

(c) A person that violates this section is subject to the penalties provided in § 6–402 of this article.
Md. Code, Courts and Judicial Proceedings § 2-306 — MD Code / Article gcj / Title 2 / Subtitle 3 / Section 2-306
§2–306.
Status: in_force

If a sheriff pays the plaintiff an amount ordered by the court as an amercement, he is entitled to the full benefit of the cause of action or judgment and may proceed against the defendant in any manner the plaintiff might have proceeded.
Md. Code, Real Property § 2-125 — MD Code / Article grp / Title 2 / Subtitle 1 / Section 2-125
§2–125.
Status: in_force

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

(2) (i) “Low–impact landscaping” means landscaping techniques that conserve water, lower maintenance costs, provide pollution prevention, and create habitat for wildlife.

(ii) “Low–impact landscaping” includes:

1. Bio–habitat gardens and other features designed to attract wildlife;

2. Pollinator gardens and other features designed to attract pollinator species;

3. Rain gardens and other features that use natural biological principles to return rainwater to the soil and to filter rainwater of excess nutrients; and

4. Xeriscaping and other forms of landscaping or gardening that reduce or eliminate the need for supplemental water from irrigation.

(3) “Restriction on use” includes any covenant, restriction, or condition contained in:

(i) A deed;

(ii) A declaration;

(iii) A contract;

(iv) The bylaws or rules of a condominium or homeowners association;

(v) A security instrument; or

(vi) Any other instrument affecting:

1. The transfer or sale of real property; or

2. Any other interest in real property.

(b) (1) A restriction on use regarding land use may not impose or act to impose unreasonable limitations on low–impact landscaping, provided that the property owner:

(i) Owns or has the right to exclusive use of the property; and

(ii) Maintains and regularly tends to the low–impact landscaping.

(2) For purposes of paragraph (1) of this subsection, an unreasonable limitation includes a limitation that:

(i) Significantly increases the cost of low–impact landscaping;

(ii) Significantly decreases the efficiency of low–impact landscaping; or

(iii) Requires cultivated vegetation to consist in whole or in part of turf grass.

(c) Nothing in this section may be construed to prohibit a restriction on use from including reasonable design and aesthetic guidelines regarding the type, number, and location of low–impact landscaping features.

(d) This section does not apply to a restriction on use on historic property that is listed in, or determined by the Director of the Maryland Historical Trust to be eligible for inclusion in, the Maryland Register of Historic Properties.
Md. Code, Business Occupations and Professions § 2-4A-05 — MD Code / Article gbo / Title 2 / Subtitle 4A / Section 2-4A-05
§2–4A–05.
Status: in_force

(a) Prior to conducting a peer review, an individual must be approved by the Board.

(b) In order to receive approval from the Board, a peer reviewer shall:

(1) have and maintain an active license as a certified public accountant in this or any other state;

(2) possess a level of knowledge of applicable professional standards acceptable to the Board;

(3) possess at least 5 years recent experience in the practice of public accounting;

(4) have received a passing report on the most recent peer review of the prospective peer reviewer; and

(5) complete an appropriate training course as determined by the Board.

(c) In order to serve as a team captain of a system review, a peer reviewer must have and maintain ownership or management of a firm or comparable responsibility.

(d) A peer reviewer shall have no connection to the licensee or permit holder being reviewed that might impair the peer reviewer’s independence.

(e) A peer reviewer shall:

(1) prepare a report of findings in accordance with the standards for performing and reporting on peer reviews of the American Institute of Certified Public Accountants; and

(2) maintain the report for a period of 3 years.

(f) A peer reviewer shall provide a copy of the report to the Board only if the licensee or permit holder being reviewed has:

(1) been directed to take corrective action and has failed to satisfy the peer reviewer that such action has been completed in a timely manner;

(2) received a second consecutive report indicating pass with deficiencies; or

(3) received a failing report.

(g) A peer reviewer shall comply with all Board regulations and directives regarding the peer review process.

(h) The Board may revoke its approval of a peer reviewer under this section if the peer reviewer:

(1) violates any provision of this title;

(2) violates any regulation adopted by the Board; or

(3) is sanctioned by any state board of accountancy or any unit of State or federal government.
Md. Code, Agriculture § 2-717 — MD Code / Article gag / Title 2 / Subtitle 7 / Section 2-717
§2–717.
Status: in_force

The Board may apply for relief by injunction, without bond, to enforce any provision of this subtitle or to restrain a violation of any provision of this subtitle. In these proceedings the Board does not have to allege or prove that:

(1) An adequate remedy at law does not exist; or

(2) Substantial or irreparable damage would result from the continued violations.
Md. Code, Public Utilities § 2-120 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-120
§2–120.
Status: in_force

Under interstate compacts or agreements or under the concurrent power of states to regulate interstate commerce, or as an agency of the federal government, or otherwise, the Commission may act jointly or concurrently with an official board or commission of the United States or a state in a proceeding relating to the regulation of a public service company.
Md. Code, Courts and Judicial Proceedings § 2-5A-06 — MD Code / Article gcj / Title 2 / Subtitle 5A / Section 2-5A-06
§2–5A–06.
Status: in_force

(a) The following positions shall be subject to the personnel merit system:

(1) Any position to which an appointment by a clerk of the Supreme Bench of Baltimore City is authorized on or before June 30, 1982;

(2) Any position to which an appointment by a judge of the Supreme Bench of Baltimore City is authorized on or before June 30, 1982, and that was assigned to any of the following:

(i) The civil assignment commissioner’s office;

(ii) The jury commissioner’s office;

(iii) The criminal assignment commissioner’s office; or

(iv) The juvenile court clerk’s office;

(3) The six positions of deputy clerk of the proposed Circuit Court for Baltimore City that are created for the purpose of transferring the clerks of the several courts of the Supreme Bench to the office of the clerk of the Circuit Court for Baltimore City; and

(4) Any position that is created or redesignated as a permanent position and assigned to the clerk of the Circuit Court for Baltimore City after January 1, 1983.

(b) (1) An employee in a position under subsection (a) of this section who is a member of the A, B, or C plan of the Baltimore City Employees Retirement System as of December 31, 1982, may, within 90 days after that date, make an irrevocable election to:

(i) Remain a member of the A, B, or C plan of the Baltimore City Employees Retirement System; or

(ii) Become a member of the Employees’ Pension System of the State of Maryland.

(2) The State shall pay to Baltimore City, for those employees electing to remain in the City system, the necessary:

(i) Employer contribution; and

(ii) Employee contribution withheld from the employees’ compensation by the State in accordance with City ordinance.

(3) For those employees electing to become members of the Employees’ Pension System of the State of Maryland, the transfer of employer and employee contributions shall be as provided in § 37-205 of the State Personnel and Pensions Article.
Md. Code, Commercial Law § 2-602 — MD Code / Article gcl / Title 2 / Subtitle 6 / Section 2-602
§2–602.
Status: in_force

(1) Rejection of goods must be within a reasonable time after their delivery or tender. It is ineffective unless the buyer seasonably notifies the seller.

(2) Subject to the provisions of the two following sections on rejected goods (§§ 2-603 and 2-604).

(a) After rejection any exercise of ownership by the buyer with respect to any commercial unit is wrongful as against the seller; and

(b) If the buyer has before rejection taken physical possession of goods in which he does not have a security interest under the provisions of this title (subsection (3) of § 2-711), he is under a duty after rejection to hold them with reasonable care at the seller’s disposition for a time sufficient to permit the seller to remove them; but

(c) The buyer has no further obligations with regard to goods rightfully rejected.

(3) The seller’s rights with respect to goods wrongfully rejected are governed by the provisions of this title on seller’s remedies in general (§ 2-703).
Md. Code, Environment § 2-1304 — MD Code / Article gen / Title 2 / Subtitle 13 / Section 2-1304
§2–1304.
Status: in_force

(a) On or before December 15 of each year, the Commission shall report to the Governor and General Assembly, in accordance with § 2–1257 of the State Government Article, on the status of the State’s efforts to mitigate the causes of, prepare for, and adapt to the consequences of climate change, including future plans and recommendations for legislation, if any, to be considered by the General Assembly.

(b) The report due on or before December 15, 2023, and each subsequent report shall include an analysis, prepared by the Department, of:

(1) The total amount of State money spent on measures to reduce greenhouse gases and, to the extent practicable, co–pollutants, during the immediately preceding fiscal year; and

(2) The percentage of that funding that benefited disproportionately affected communities identified according to the methodology adopted by the Department under § 1–702 of this article.
Md. Code, Tax - General § 2-802 — MD Code / Article gtg / Title 2 / Subtitle 8 / Section 2-802
§2–802.
Status: in_force

The Comptroller shall pay refunds relating to the Maryland estate tax from the General Fund of the State.
Md. Code, Human Services § 2-505 — MD Code / Article ghu / Title 2 / Subtitle 5 / Section 2-505
§2–505.
Status: in_force

Each executive unit of the State shall cooperate fully with the Commission in the performance of the Commission’s duties.
Md. Code, Agriculture § 2-201 — MD Code / Article gag / Title 2 / Subtitle 2 / Section 2-201
§2–201.
Status: in_force

(a) In this subtitle, “Commission” means the Maryland Agricultural Commission established under § 2–202 of this subtitle.

(b) It is the intent of the General Assembly in the enactment of this subtitle to provide for a broadened representation in policy determinations with regard to agricultural matters in the State.
Md. Code, Tax - Property § 2-101 — MD Code / Article gtp / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

There is a Department of Assessments and Taxation established as a department of the State government.
Md. Code, Commercial Law § 2-721 — MD Code / Article gcl / Title 2 / Subtitle 7 / Section 2-721
§2–721.
Status: in_force

Remedies for material misrepresentation or fraud include all remedies available under this title for nonfraudulent breach. Neither rescission or a claim for rescission of the contract for sale nor rejection or return of the goods shall bar or be deemed inconsistent with a claim for damages or other remedy.
Md. Code, State Finance and Procurement § 2-901 — MD Code / Article gsf / Title 2 / Subtitle 9 / Section 2-901
§2–901.
Status: in_force

(a) In this section, “State contract” means any agreement entered into by the State.

(a–1) This section does not apply to a State contract relating to the purchase, redevelopment, or operation of a racing facility or training facility site as those terms are defined under § 10–601 of the Economic Development Article.

(b) Except as required by State or federal law, a State contract may not include:

(1) a provision that requires the State to indemnify, defend, or hold harmless another person without an appropriation of State funds for that purpose;

(2) a provision by which the State agrees to binding arbitration or any other binding extrajudicial dispute resolution process;

(3) a provision that names a jurisdiction or venue for any action or dispute against the State other than a court of proper jurisdiction in the State;

(4) a provision that requires the State to agree to limit the liability for any direct loss to the State for bodily injury, death, or damage to real property or tangible personal property of the State caused by the negligence, intentional or willful misconduct, fraudulent act, recklessness, or other tortious conduct of a person or a person’s employees or agents or a provision that would otherwise impose an indemnification obligation on the State;

(5) a provision that requires the State to be bound by a term or condition that:

(i) is unknown to the State at the time of signing a contract;

(ii) may be unilaterally changed by the other party; or

(iii) is electronically accepted by a State employee without authority;

(6) a provision that provides for a person other than the Attorney General of Maryland to serve as legal counsel for the State, unless provided under § 6–106 of the State Government Article;

(7) a provision that is inconsistent with the State’s obligations under Title 3 or 4 of the General Provisions Article;

(8) a provision prohibited under § 7–237 of this article;

(9) a provision for automatic renewal that obligates the State to allocate funding in subsequent fiscal years; or

(10) a provision that limits the State’s ability to recover the difference in the cost of a replacement contractor to perform the services not performed by the original contractor, to the extent that the sum of the amount paid to the replacement contractor and the amount paid to the original contractor exceed the costs provided for in the contract with the original contractor.

(c) If a State contract contains a provision listed under subsection (b) of this section, the provision is void ab initio and the contract containing that provision shall be enforceable as if it did not contain the provision.

(d) A State contract that contains a provision listed under subsection (b) of this section shall be governed by and construed in accordance with State law, notwithstanding any term or condition to the contrary in the contract.
Md. Code, Health Occupations § 2-4A-12 — MD Code / Article gho / Title 2 / Subtitle 4A / Section 2-4A-12
§2–4A–12.
Status: in_force

(a) A licensee shall notify the Board in writing of a change in name or address within 60 days after the change occurs.

(b) A licensee who fails to comply with subsection (a) of this section is subject to an administrative penalty of $100.

(c) The Board shall pay any penalty collected under this section to the General Fund of the State.
Md. Code, Tax - General § 2-604 — MD Code / Article gtg / Title 2 / Subtitle 6 / Section 2-604
§2–604.
Status: in_force

From the income tax revenue from individuals, the Comptroller shall distribute the amount necessary to pay refunds relating to income tax from individuals to the income tax refund account.
Md. Code, State Personnel and Pensions § 2-306 — MD Code / Article gsp / Title 2 / Subtitle 3 / Section 2-306
§2–306.
Status: in_force

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

(2) “Alcohol concentration” has the meaning stated in § 11–103.2 of the Transportation Article.

(3) “Probation before judgment” means an entry of probation by a court in accordance with § 6–220 of the Criminal Procedure Article.

(4) “State Substance Abuse Policy” means the policy against substance abuse in State government, as set out in Executive Order Number 01.01.1991.16 and any subsequent Executive Order.

(5) “Workplace” means any place where an employee is performing work for the State of Maryland.

(b) This section may not be construed to eliminate or alter in any way any requirement of an employee to report to an appointing authority an offense, conviction, or probation before judgment under the State Substance Abuse Policy.

(c) Except as provided in subsection (d) of this section, an appointing authority may not consider probation before judgment for a substance abuse offense to be a conviction for purposes of the State Substance Abuse Policy.

(d) An appointing authority may impose appropriate disciplinary action, including termination, against an employee under the State Substance Abuse Policy, if:

(1) the employee receives probation before judgment in a substance abuse offense; and

(2) the appointing authority can demonstrate a relationship between that substance abuse offense and the employee’s job responsibilities.

(e) An employee who consumes an alcoholic beverage in the workplace:

(1) shall be in violation of the State Substance Abuse Policy and subject to disciplinary action; and

(2) may not drive a State vehicle or operate State construction equipment during the employee’s normal workday.

(f) (1) Employees who are called in to work outside of their regularly scheduled hours shall be provided the opportunity to acknowledge they have consumed alcohol within the previous four hours.

(2) The employees who make an acknowledgment under paragraph (1) of this subsection may not be subject to disciplinary action and may not be assigned to perform a safety–sensitive function.
Md. Code, State Government § 2-10A-15 — MD Code / Article gsg / Title 2 / Subtitle 10A / Section 2-10A-15
§2–10A–15.
Status: in_force

(a) There is a Joint Committee on Ending Homelessness.

(b) (1) The Committee consists of 16 members.

(2) Of the 16 members:

(i) eight shall be members of the Senate of Maryland, appointed by the President of the Senate; and

(ii) eight shall be members of the House of Delegates, appointed by the Speaker of the House.

(c) (1) The members of the Committee serve at the pleasure of the presiding officer who appointed them.

(2) (i) If a vacancy occurs among the Senators on the Committee, a successor promptly shall be appointed by the President of the Senate.

(ii) If a vacancy occurs among the Delegates on the Committee, a successor promptly shall be appointed by the Speaker of the House.

(d) From among the membership of the Committee, the President of the Senate shall appoint a Senator to serve as the Senate Chair of the Committee, and the Speaker of the House shall appoint a Delegate to serve as the House Chair of the Committee.

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

(f) The Department of Legislative Services shall provide staff assistance to the Committee.

(g) The Committee shall hold:

(1) an organizational meeting promptly after the appointment of its members; and

(2) any other meetings that the Committee considers necessary to carry out its duties efficiently.

(h) The Committee may:

(1) hold a hearing on any matter relating to the functions of the Committee; and

(2) consider a vote on a bill or resolution referred to the Committee by the President of the Senate or the Speaker of the House.

(i) To ensure that public resources, programs, and policies are coordinated and effective in preventing, mitigating the effects of, and ending homelessness in Maryland, the Committee shall:

(1) study issues relating to homelessness, including:

(i) housing;

(ii) income;

(iii) health care;

(iv) education;

(v) government supports; and

(vi) veterans experiencing homelessness;

(2) consult with governmental agencies, community–based organizations, and other stakeholders to identify State policies, programs, and actions that should or could prevent, mitigate the effects of, and end homelessness in Maryland;

(3) review and make recommendations to align State statutes, regulations, programs, services, and budgetary priorities with the State policies and actions described in item (2) of this subsection;

(4) search for any intradepartmental or interdepartmental gaps, inconsistencies, and inefficiencies in the implementation or attainment of the State policies, programs, and actions described in item (2) of this subsection; and

(5) identify new laws, regulations, programs, services, and budgetary priorities that are needed to prevent, mitigate the effects of, and end homelessness in Maryland.

(j) The Governor’s Interagency Council on Homelessness shall:

(1) cooperate fully with the Committee;

(2) keep the Committee fully informed as to its priorities and progress; and

(3) submit an annual report, subject to § 2–1257 of this title, to the Committee on or before October 1 of each year that includes:

(i) a description of the Council’s work;

(ii) a report on the Council’s priorities and progress; and

(iii) recommendations for new laws, regulations, programs, services, and budgetary priorities that are needed to prevent, mitigate the effects of, and end homelessness in Maryland.

(k) (1) Subject to § 2–1257 of this title, the Committee shall submit a report to the General Assembly on or before December 1 each year.

(2) The report shall include:

(i) a description of the work of the Committee; and

(ii) any recommendations of the Committee.
Md. Code, Commercial Law § 2-105 — MD Code / Article gcl / Title 2 / Subtitle 1 / Section 2-105
§2–105.
Status: in_force

(1) “Goods” means all things (including specially manufactured goods) which are movable at the time of identification to the contract for sale other than the money in which the price is to be paid, investment securities (Title 8) and things in action. “Goods”, also includes the unborn young of animals and growing crops and other identified things attached to realty as described in the section on goods to be severed from realty (§ 2-107).

(2) Goods must be both existing and identified before any interest in them can pass. Goods which are not both existing and identified are “future” goods. A purported present sale of future goods or of any interest therein operates as a contract to sell.

(3) There may be a sale of a part interest in existing identified goods.

(4) An undivided share in an identified bulk of fungible goods is sufficiently identified to be sold although the quantity of the bulk is not determined. Any agreed proportion of such a bulk or any quantity thereof agreed upon by number, weight or other measure may to the extent of the seller’s interest in the bulk be sold to the buyer who then becomes an owner in common.

(5) “Lot” means a parcel or a single article which is the subject matter of a separate sale or delivery, whether or not it is sufficient to perform the contract.

(6) “Commercial unit” means such a unit of goods as by commercial usage is a single whole for purposes of sale and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article (as a machine) or a set of articles (as a suite of furniture or an assortment of sizes) or a quantity (as a bale, gross, or carload) or any other unit treated in use or in the relevant market as a single whole.
Md. Code, Estates and Trusts § 2-201 — MD Code / Article get / Title 2 / Subtitle 2 / Section 2-201
§2–201.
Status: in_force

(a) “Register” means the register of wills of a county.

(b) When an estate is being administered in equity, “register” means the clerk of the court.
Md. Code, Commercial Law § 2A-530 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-530
§2A–530.
Status: in_force

Incidental damages to an aggrieved lessor include any commercially reasonable charges, expenses, or commissions incurred in stopping delivery, in the transportation, care and custody of goods after the lessee’s default, in connection with return or disposition of the goods, or otherwise resulting from the default.
Md. Code, Human Services § 2-203 — MD Code / Article ghu / Title 2 / Subtitle 2 / Section 2-203
§2–203.
Status: in_force

(a) 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.

(b) The Secretary may establish, reorganize, or abolish areas of responsibility in the office of the Secretary as necessary to fulfill effectively the duties assigned to the Secretary.
Md. Code, Environment § 2-1211 — MD Code / Article gen / Title 2 / Subtitle 12 / Section 2-1211
§2–1211.
Status: in_force

The Department shall monitor implementation of the plans required under § 2–1205 of this subtitle and shall submit a report, on or before October 1, 2022, and every 5 years thereafter, to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly that describes the State’s progress toward achieving:

(1) The reductions in greenhouse gas emissions required under this subtitle, or any revisions conducted in accordance with § 2–1210 of this subtitle; and

(2) The greenhouse gas emissions reductions needed by 2050 in order to avoid dangerous anthropogenic changes to the Earth’s climate system, based on the predominant view of the scientific community at the time of the latest report.
Md. Code, Natural Resources § 2-401 — MD Code / Article gnr / Title 2 / Subtitle 4 / Section 2-401
§2–401.
Status: in_force

Any monument which marks the common boundary between the State and any adjacent state, commonwealth, or district is the joint property of the State and the adjoining state, commonwealth, or district.
Md. Code, Commercial Law § 2-311 — MD Code / Article gcl / Title 2 / Subtitle 3 / Section 2-311
§2–311.
Status: in_force

(1) An agreement for sale which is otherwise sufficiently definite (subsection (3) of § 2-204) to be a contract is not made invalid by the fact that it leaves particulars of performance to be specified by one of the parties. Any such specification must be made in good faith and within limits set by commercial reasonableness.

(2) Unless otherwise agreed specifications relating to assortment of the goods are at the buyer’s option and except as otherwise provided in subsections (1) (c) and (3) of § 2-319 specifications or arrangements relating to shipment are at the seller’s option.

(3) Where such specification would materially affect the other party’s performance but is not seasonably made or where one party’s cooperation is necessary to the agreed performance of the other but is not seasonably forthcoming, the other party in addition to all other remedies

(a) Is excused for any resulting delay in his own performance; and

(b) May also either proceed to perform in any reasonable manner or after the time for a material part of his own performance treat the failure to specify or to cooperate as a breach by failure to deliver or accept the goods.
Md. Code, Health Occupations § 2-314.2 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-314.2
§2–314.
Status: in_force

§2–314.2.

While practicing audiology or hearing aid dispensing, an audiologist or a hearing aid dispenser may not:

(1) Advertise a particular model, type, or kind of hearing aid for sale while intending:

(i) 1. Not to allow an individual who responds to the advertisement to buy the hearing aid advertised; or

2. To dissuade an individual who responds to the advertisement from buying the hearing aid advertised; and

(ii) To obtain for a prospective buyer a model, type, or kind of hearing aid that differs from that advertised; or

(2) Falsely represent the use or availability of services or advice of a physician for providing hearing aid services.
Md. Code, Courts and Judicial Proceedings § 2-328 — MD Code / Article gcj / Title 2 / Subtitle 3 / Section 2-328
§2–328.
Status: in_force

(a) This section applies only in Kent County.

(b) The Sheriff of Kent County shall receive an annual salary equal to 80% of the annual salary of the State’s Attorney for Kent County.

(c) At the discretion of the County Commissioners of Kent County, the Sheriff shall receive county–owned automobiles as may be necessary to operate the Sheriff’s department.

(d) (1) The Sheriff shall appoint a chief deputy sheriff, or the managerial equivalent, who shall:

(i) Receive a salary of at least $8,000; and

(ii) Serve at the pleasure of the Sheriff.

(2) The Sheriff may not refuse to reappoint a deputy sheriff without just cause.

(e) The Sheriff and the Sheriff’s deputies shall be paid allowances as the County Commissioners may deem necessary.

(f) The County Commissioners:

(1) May authorize additional deputies as necessary; and

(2) Shall set their compensation at the time of their appointment.

(g) (1) The County Commissioners may authorize the Sheriff to appoint as part–time deputies individuals employed in specific plants, schools, hospitals, institutions, business enterprises, and land development tracts situated within the county.

(2) Part–time deputies appointed under paragraph (1) of this subsection:

(i) Are limited to service only within the particular facility where they are employed; and

(ii) May not be compensated by the county for their services.
Md. Code, Business Occupations and Professions § 2-4A-04 — MD Code / Article gbo / Title 2 / Subtitle 4A / Section 2-4A-04
§2–4A–04.
Status: in_force

(a) A system review is required for a licensee or permit holder that performs any of the following services:

(1) engagements governed by the Statements on Auditing Standards of the American Institute of Certified Public Accountants; or

(2) engagements governed by the government auditing standards issued by the U.S. Government Accountability Office;

(3) examinations of prospective financial information under:

(i) the Statements on Standards for Attestation Engagements of the American Institute of Certified Public Accountants; or

(ii) the government auditing standards issued by the U.S. Government Accountability Office; or

(4) audits of issuers not registered with the U.S. Securities and Exchange Commission that are performed under standards of the Public Company Accounting Oversight Board.

(b) An engagement review is required for a licensee or permit holder not required to have a system review that performs any of the following services:

(1) review of historical financial statements in accordance with the Statements on Standards for Accounting and Review Services of the American Institute of Certified Public Accountants;

(2) compilation of historical financial statements with disclosures performed under the Statements on Standards for Accounting and Review Services of the American Institute of Certified Public Accountants;

(3) compilation of historical financial statements that omit substantially all disclosures performed under the Statements on Standards for Accounting and Review Services of the American Institute of Certified Public Accountants; or

(4) engagements performed under the Statements on Standards for Attestation Engagements of the American Institute of Certified Public Accountants other than the examination of prospective financial statements.
Md. Code, Agriculture § 2-704 — MD Code / Article gag / Title 2 / Subtitle 7 / Section 2-704
§2–704.
Status: in_force

(a) (1) The Board consists of 12 members, 11 of whom shall be appointed by the Governor with the advice of the Secretary.

(2) Of the Board members:

(i) One shall be a duly qualified and licensed veterinarian;

(ii) One shall be an officer of a county humane society;

(iii) One shall be an owner of a licensed stable;

(iv) One shall be a public member;

(v) One shall be a representative of the Maryland Horse Council, Inc.;

(vi) One shall be a representative of the trails and recreational riding community;

(vii) One shall represent the organized competitions and shows industry;

(viii) One shall represent the Maryland thoroughbred industry;

(ix) One shall represent the Maryland standardbred industry;

(x) One shall represent the academic equine community; and

(xi) One shall represent the equine trade and support industries.

(3) The Secretary, or the Secretary’s designee, shall serve as an ex officio member of the Board.

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

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

(2) The terms of members are staggered as required by the terms provided for members of the Board on July 1, 1980.

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

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

(d) The Governor may remove a member for incompetency or misconduct.
Md. Code, Estates and Trusts § 2-204 — MD Code / Article get / Title 2 / Subtitle 2 / Section 2-204
§2–204.
Status: in_force

(a) (1) At the time of assuming office, the register shall give bond to the State.

(2) The provisions of § 2–105(b), (d), (e), and (f) of the Courts Article shall be applicable to the bond.

(3) The bond shall be for the term of the register’s office in the form and for the penalty the Comptroller prescribes, with the advice of the Legislative Auditor.

(4) The Comptroller may require that the penalty of a bond be supplemented or increased.

(b) If the register fails to give bond before the register acts as register, the register is guilty of a misdemeanor and on conviction shall pay a fine of $1,000.
Md. Code, Criminal Law § 2-205 — MD Code / Article gcr / Title 2 / Subtitle 2 / Section 2-205
§2–205.
Status: in_force

A person who attempts to commit murder in the first degree is guilty of a felony and on conviction is subject to imprisonment not exceeding life.
Md. Code, Family Law § 2-401 — MD Code / Article gfl / Title 2 / Subtitle 4 / Section 2-401
§2–401.
Status: in_force

(a) An individual may not marry in this State without a license issued by the clerk for the county in which the marriage is performed.

(b) Any individual who violates this section is guilty of a misdemeanor and on conviction is subject to a fine of $100.
Md. Code, Family Law § 2-403 — MD Code / Article gfl / Title 2 / Subtitle 4 / Section 2-403
§2–403.
Status: in_force

(a) (1) A license shall read substantially as follows:

“State of Maryland and County of ........... To any individual authorized by the laws of this State to perform a marriage ceremony. You are hereby authorized to join together in matrimony according to the rules and ceremonies of your church, society or religious sect and the laws of this State, or according to the laws of this State, the following individuals:

………………………………………………

(state here name of intended party one)

………………………………………………

(state here name of intended party two)

Given under my hand and seal of the Circuit Court for ………, this ……… day of

…………… (state here month and year).”

(2) A license shall contain:

(i) appropriate spaces in which the clerk shall enter:

1. the relationship of the parties to be married, if any; and

2. as to each party, the name, age, state or foreign country in which born, residence, and marital status (single, widowed, or divorced); and

(ii) a statement that the license is valid only:

1. for 6 months from the effective date and time stated on the license; and

2. in the county in which it is issued.

(b) (1) Attached to a license shall be 2 certificate forms that:

(i) read, “I hereby certify that on this ............ day of ............. (state here month and year), ........ (state here time), at .............. (state here location), in accordance with the license issued by the Clerk of the Circuit Court for ................. (state here jurisdiction), I united in marriage the following individuals:

(ii) restate all information concerning the individuals married that is stated on the marriage license; and

(iii) provide a space for the signature of the authorized official who performs the marriage ceremony.

(2) Attached to a license, in the case of a Society of Friends marriage ceremony, shall be 2 certificate forms that:

(i) read, “We hereby certify that on this .......... day of ........... (state here month and year), ........ (state here time), at ........... (state here location), we, ............... (state here name of party one) and ............... (state here name of party two) were united in marriage in accordance with the ceremony of the Society of Friends and in accordance with the license issued by the Clerk of the Circuit Court for ........ (state here jurisdiction)”;

(ii) restate all information concerning the individuals married that is stated on the marriage license; and

(iii) provide spaces for the signatures of the parties and the 2 overseers of the marriage ceremony.

………………………………………………

(state here name of intended party one)

………………………………………………

(state here name of intended party two)”;
Md. Code, State Government § 2-1514 — MD Code / Article gsg / Title 2 / Subtitle 15 / Section 2-1514
§2–1514.
Status: in_force

(a) If the General Assembly adopts a joint resolution that asks the Governor or an official of a unit of the Executive Branch of the State government to take any action, the Governor or the official shall give the Legislative Policy Committee and each sponsor of the resolution notice of the action taken under the resolution.

(b) Notice under this section shall be given on or before any date established by the resolution.
Md. Code, Alcoholic Beverages and Cannabis § 2-157 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-157
§2–157.
Status: in_force

This part applies statewide.
Md. Code, Commercial Law § 2-507 — MD Code / Article gcl / Title 2 / Subtitle 5 / Section 2-507
§2–507.
Status: in_force

(1) Tender of delivery is a condition to the buyer’s duty to accept the goods and, unless otherwise agreed, to his duty to pay for them. Tender entitles the seller to acceptance of the goods and to payment according to the contract.

(2) Where payment is due and demanded on the delivery to the buyer of goods or documents of title, his right as against the seller to retain or dispose of them is conditional upon his making the payment due.
Md. Code, Business Occupations and Professions § 2-313 — MD Code / Article gbo / Title 2 / Subtitle 3 / Section 2-313
§2–313.
Status: in_force

(a) The Board shall place a licensee on inactive status and issue an inactive status certificate to the licensee, if the licensee:

(1) submits to the Board an application for inactive status on the form that the Board provides;

(2) pays to the Board an inactive status fee set by the Board; and

(3) except for the continuing education requirements set under § 2–312 of this subtitle, qualifies for an active license.

(b) A licensee on inactive status may not practice certified public accountancy in the State.

(c) (1) Unless a licensee on inactive status renews it as provided in this section, the licensee loses that status on the first December 31 that comes:

(i) after the inactive status certificate is issued to the licensee; and

(ii) in an even–numbered year.

(2) (i) At least 1 month before the inactive status of a licensee expires, the Board shall mail or electronically transmit to the licensee:

1. a renewal application form; and

2. a notice that states:

A. the date on which the inactive status expires; and

B. the amount of the inactive status fee.

(ii) If an electronic transmission under subparagraph (i) of this paragraph is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under subparagraph (i) of this paragraph within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.

(3) Before an inactive status expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:

(i) otherwise is entitled to be placed on inactive status;

(ii) pays to the Board an inactive status fee set by the Board; and

(iii) submits to the Board a renewal application on the form that the Board provides.

(4) After an inactive status expires, the former licensee may reapply for inactive status without meeting the continuing education requirements to qualify for an active license under § 2–312 of this subtitle, only if the former licensee:

(i) otherwise is entitled to be placed on inactive status;

(ii) pays to the Board an inactive status fee set by the Board; and

(iii) reapplies to the Board for inactive status within 2 years after initial expiration of inactive status on a form that the Board provides.

(5) The Board shall renew the inactive status of each licensee or grant the reapplication for inactive status of each former licensee who meets the requirements of this subsection.

(d) The Board shall reactivate the license of a licensee who is on inactive status, if the licensee:

(1) complies with each continuing education requirement that the Board sets for this purpose;

(2) submits to the Board an application for reactivation; and

(3) pays to the Board a reactivation fee that is equal to the license fee set by the Board under § 2–311 of this subtitle.
Md. Code, Insurance § 2-112.2 — MD Code / Article gin / Title 2 / Subtitle 1 / Section 2-112.2
§2–112.
Status: in_force

§2–112.2.

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

(2) “Carrier” means a person that offers a health benefit plan and is:

(i) an authorized insurer that provides health insurance in the State;

(ii) a nonprofit health service plan;

(iii) a health maintenance organization;

(iv) a dental plan organization; or

(v) except for a managed care organization as defined in Title 15, Subtitle 1 of the Health - General Article, any other person that provides health benefit plans subject to regulation by the State.

(3) (i) “Health benefit plan” means:

1. a hospital or medical policy, contract, or certificate, including those issued under multiple employer trusts or associations;

2. a hospital or medical policy, contract, or certificate issued by a nonprofit health service plan;

3. a health maintenance organization contract; or

4. a dental plan.

(ii) “Health benefit plan” does not include one or more, or any combination of the following:

1. long-term care insurance;

2. disability insurance;

3. accidental travel and accidental death and dismemberment insurance;

4. credit health insurance;

5. any insurance, medical policy, or certificate for which payment of benefits is conditioned on a determination of medical necessity made solely by the treating health care provider not acting on behalf of the carrier;

6. any other insurance, medical policy, or certificate for which payment of benefits is not conditioned on a determination of medical necessity; or

7. a health benefit plan issued by a managed care organization, as defined in Title 15, Subtitle 1 of the Health - General Article.

(4) (i) “Premium” has the meaning stated in § 1-101 of this article to the extent it is allocable to health insurance policies or contracts issued or delivered in this State.

(ii) “Premium” includes any amounts paid to a health maintenance organization as compensation for providing to members and subscribers the services specified in Title 19, Subtitle 7 of the Health - General Article to the extent the amounts are allocable to this State.

(b) The Commissioner shall:

(1) collect a health care regulatory assessment from each carrier for the costs attributable to the implementation of § 2-303.1 of this title and Title 15, Subtitles 10A, 10B, and 10C of this article; and

(2) deposit the amounts collected under paragraph (1) of this subsection into the Health Care Regulatory Fund established in § 2-112.3 of this subtitle.

(c) The health care regulatory assessment that is payable by each carrier shall be calculated by taking the total costs under subsection (b)(1) of this section multiplied by the percentage of gross direct health insurance premiums written in the State attributable to that carrier in the prior calendar year.
Md. Code, Business Regulation § 2-106.13 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-106.13
§2–106.
Status: in_force

§2–106.13.

(a) In this section, “Fund” means the State Barbers and Cosmetologists Boards’ Fund.

(b) This section applies to the following occupational licensing boards:

(1) the State Board of Barbers established under Title 4 of the Business Occupations and Professions Article; and

(2) the State Board of Cosmetologists established under Title 5 of the Business Occupations and Professions Article.

(c) (1) There is a State Barbers and Cosmetologists Boards’ Fund in the Department.

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

(d) (1) Except as otherwise provided by law, each occupational licensing board described in subsection (b) of this section shall pay all fees collected to the Comptroller.

(2) The Comptroller shall distribute the fees to the Fund.

(e) The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of each occupational licensing board described in subsection (b) of this section.

(f) The Secretary or a designee of the Secretary shall administer the Fund.

(g) The legislative auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.

(h) At the end of each fiscal year, any unspent and unencumbered portion of the Fund in excess of $100,000 shall revert to the General Fund of the State.

(i) Any investment earnings of the Fund shall be credited to the General Fund of the State.
Md. Code, Health Occupations § 2-304 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-304
§2–304.
Status: in_force

(a) An applicant who otherwise qualifies for a license is entitled to be examined as provided in this section.

(b) (1) For the examination of applicants for a license to practice audiology or speech–language pathology, the Board may adopt appropriate examinations given by a professional body in the field of audiology or the field of speech–language pathology.

(2) An examination shall be in writing and consist of tests that require an applicant to demonstrate the minimum knowledge of services and subject matter related to the practice of audiology or speech–language pathology that will enable the applicant to practice audiology or speech–language pathology effectively.

(3) The Board may supplement any written examination given under this section with an oral examination.

(c) The Board shall notify each qualified applicant of the time and place of examination.

(d) The Board:

(1) Shall determine the subjects, scope, form, and passing scores for examinations given under this subtitle; or

(2) May adopt an examination given by a national body.

(e) The Board may not limit the number of times an applicant may take an examination required under this subtitle.

(f) (1) An applicant who otherwise qualifies for a license to practice hearing aid dispensing is entitled to be examined as provided in this subsection.

(2) The examination shall consist of a written part and a practical part as required by regulations by the Board.
Md. Code, Alcoholic Beverages and Cannabis § 2-105 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-105
§2–105.
Status: in_force

Except as otherwise provided in this subtitle, a permit issued under this subtitle is an annual permit that expires on October 31 following the date of its issue.
Md. Code, Public Utilities § 2-103 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-103
§2–103.
Status: in_force

(a) With the advice and consent of the Senate, the Governor shall appoint a Chairman.

(b) (1) The term of the Chairman is 5 years and begins on July 1.

(2) At the end of a term, the Chairman continues to serve until a successor qualifies.

(3) A Chairman who is appointed after a term has begun serves for the rest of the term and until a successor qualifies.
Md. Code, State Personnel and Pensions § 2-504 — MD Code / Article gsp / Title 2 / Subtitle 5 / Section 2-504
§2–504.
Status: in_force

Each year the Governor shall include money in the State budget to pay the State share of the costs of the Program.
Md. Code, Alcoholic Beverages and Cannabis § 2-153 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-153
§2–153.
Status: in_force

A person without a direct wine shipper’s permit may not ship wine directly to a consumer in the State.
Md. Code, Courts and Judicial Proceedings § 2-504.1 — MD Code / Article gcj / Title 2 / Subtitle 5 / Section 2-504.1
§2–504.
Status: in_force

§2–504.1.

(a) The clerk of each circuit court shall submit annually a budget for the review and approval of the Chief Justice of the Supreme Court of Maryland in such form as prescribed by the Secretary of Budget and Management.

(b) Each budget submitted under this section shall:

(1) Specify for each clerk’s office:

(i) The number of positions;

(ii) The salaries;

(iii) The expenses; and

(iv) The anticipated revenues; and

(2) Be submitted to the Chief Justice of the Supreme Court of Maryland in a uniform format as prescribed by the Secretary of Budget and Management.

(c) The Chief Justice of the Supreme Court of Maryland shall provide preliminary estimates of budget appropriations for the clerk of each circuit court to the Secretary of Budget and Management.

(d) (1) The Chief Justice of the Supreme Court of Maryland shall submit the budget of the clerk of each circuit court to the Secretary of Budget and Management at the time prescribed by the Secretary.

(2) Each budget shall be included in the State budget as part of the budget for the Judicial Branch of State government as submitted by the Chief Justice of the Supreme Court of Maryland.
Md. Code, Business Occupations and Professions § 2-305 — MD Code / Article gbo / Title 2 / Subtitle 3 / Section 2-305
§2–305.
Status: in_force

(a) An applicant who meets the educational requirements established by the Board is entitled to be examined as provided in this section.

(b) The Board shall give examinations to applicants at least twice a year, at the times and places that the Board determines.

(c) The Board shall give each qualified applicant notice of the time and place of examination.

(d) (1) The Board shall give the examination prepared by the American Institute of Certified Public Accountants or an equivalent examination as determined by the Board.

(2) The Board may use the services of the American Institute of Certified Public Accountants to prepare or grade an examination. If the Board uses the services of the Institute, the Board may accept as final the grades that the Institute determines.

(3) The Board may use the services of any person whom the Board considers appropriate to proctor an examination.

(e) The Board shall adopt regulations that establish the passing score for an examination.

(f) (1) The Board shall mail or electronically transmit to each applicant notice of the applicant’s examination score.

(2) Any applicant who requests an appointment within 60 days after the date on which the notice is mailed or electronically transmitted may review the applicant’s answers to the examination.

(g) (1) If the Board uses the services of the American Institute of Certified Public Accountants to grade an examination, the Board may mail or electronically transmit the examination answers to the Institute.

(2) If the Board sends out examination answers for grading in accordance with paragraph (1) of this subsection, the Board is not liable for the loss or destruction of any of the examination answers while the answers are out of the possession of the Board.
Md. Code, Health - General § 2-102 — MD Code / Article ghg / Title 2 / Subtitle 1 / Section 2-102
§2–102.
Status: in_force

(a) The head of the Department is the Secretary of Health, 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.

(c) The Secretary is entitled to the salary provided in the State budget.
Md. Code, Insurance § 2-209.1 — MD Code / Article gin / Title 2 / Subtitle 2 / Section 2-209.1
§2–209.
Status: in_force

§2–209.1.

(a) In this section, “supervisory college” means a forum for cooperation and communication among the involved state, federal, and international regulators established for the fundamental purpose of facilitating the effectiveness of supervision of entities that belong to an insurance holding company system.

(b) (1) With respect to any insurer registered under Title 7, Subtitle 6 of this article, the Commissioner may participate in a supervisory college for any domestic insurer that is part of an insurance holding company system with international operations in order to determine compliance by the insurer with this article.

(2) The powers of the Commissioner with respect to a supervisory college include:

(i) initiating the establishment of a supervisory college;

(ii) determining the membership and participation of other supervisors in the supervisory college;

(iii) determining the functions of the supervisory college and the role of other state, federal, and international regulators;

(iv) coordinating the ongoing activities of the supervisory college, including planning meetings, supervisory activities, and processes for sharing information; and

(v) establishing a crisis management plan on the occurrence of any activity, circumstance, event, or series of events involving one or more affiliates of an insurer that has, or is likely to have, a material adverse effect on the financial condition or liquidity of the insurer or its insurance holding company system as a whole.

(3) (i) Each insurer subject to registration under § 7–603 of this article shall be liable for and shall pay the reasonable expenses of the Commissioner’s participation in a supervisory college, including travel expenses.

(ii) A supervisory college may be convened as either a temporary or a permanent forum for communication and cooperation among the regulators charged with supervising an insurer or its affiliates, and the Commissioner may establish a regular assessment to an insurer for the payment of expenses under subparagraph (i) of this paragraph.

(4) (i) In order to assess the business strategy, financial position, legal and regulatory position, risk exposure, risk management, and governance processes of an insurer or its affiliates, and as part of the examination of insurers under § 7–605 of this article, the Commissioner may participate in a supervisory college with other regulators charged with supervising an insurer or its affiliates, including other state, federal, and international regulatory agencies.

(ii) Nothing in this section may be construed to delegate to the supervisory college any of the authority of the Commissioner to regulate the insurer or the activities of its affiliates within the State.

(c) The Commissioner may enter into agreements providing the basis for cooperation between the Commissioner and other state, federal, and international regulatory agencies and the activities of the supervisory college in accordance with § 2–209(h) of this subtitle.
Md. Code, Criminal Procedure § 2-403 — MD Code / Article gcp / Title 2 / Subtitle 4 / Section 2-403
§2–403.
Status: in_force

An audio or audiovisual recording made by a law enforcement unit of a custodial interrogation of a criminal suspect is exempt from the Maryland Wiretapping and Electronic Surveillance Act.
Md. Code, Tax - General § 2-1104 — MD Code / Article gtg / Title 2 / Subtitle 11 / Section 2-1104
§2–1104.
Status: in_force

(a) Except as otherwise provided in this section, after making the distributions required under §§ 2–1101 through 2–1103 of this subtitle, from the remaining motor fuel tax revenue, the Comptroller shall distribute:

(1) 2.3% to the Chesapeake and Atlantic Coastal Bays 2010 Trust Fund;

(2) 0.5% to the Waterway Improvement Fund; and

(3) any remaining balance to the Gasoline and Motor Vehicle Revenue Account of the Transportation Trust Fund.

(b) For each fiscal year beginning on or before July 1, 2015, instead of the distribution required under subsection (a)(1) of this section, the Comptroller shall distribute 2.3% of the remaining motor fuel tax revenue as follows:

(1) to the General Fund of the State:

(i) $5,000,000 for each fiscal year beginning on or before July 1, 2011;

(ii) $5,000,000 for each of the fiscal years beginning July 1, 2012, July 1, 2013, and July 1, 2014; and

(iii) $4,624,687 for the fiscal year beginning July 1, 2015;

(2) $8,000,000 to the Budget Restoration Fund for the fiscal year beginning July 1, 2012; and

(3) the balance to the Chesapeake and Atlantic Coastal Bays 2010 Trust Fund.
Md. Code, Public Safety § 2-411 — MD Code / Article gps / Title 2 / Subtitle 4 / Section 2-411
§2–411.
Status: in_force

(a) If authorized by the Secretary:

(1) a police employee may work an alternative workday; or

(2) a 40–hour civilian employee may work an alternative workday of not more than 12 hours instead of an 8–hour workday.

(b) (1) Employees who participate in the alternative modified workday program are entitled to compensation in accordance with § 8-305 of the State Personnel and Pensions Article.

(2) Personal leave for these employees shall be based on an 8-hour workday.
Md. Code, Insurance § 2-302 — MD Code / Article gin / Title 2 / Subtitle 3 / Section 2-302
§2–302.
Status: in_force

(a) There is a Consumer Education and Advocacy Program.

(b) The Commissioner may use the Consumer Affairs Unit of the Administration to carry out the Program.
Md. Code, Health - General § 2-503 — MD Code / Article ghg / Title 2 / Subtitle 5 / Section 2-503
§2–503.
Status: in_force

(a) The Inspector General:

(1) May investigate fraud, waste, abuse of departmental funds, and behavior in the Department that threatens public safety or demonstrates negligence, incompetence, or malfeasance;

(2) Shall cooperate with and coordinate investigative efforts with the Medicaid Fraud Control Unit and where a preliminary investigation establishes a sufficient basis to warrant referral, shall refer such matters to the Medicaid Fraud Control Unit; and

(3) Shall cooperate with and coordinate investigative efforts with departmental programs and other State and federal agencies to ensure a provider is not subject to duplicative audits.

(b) (1) The Inspector General or a designated Assistant Inspector General may subpoena any person or evidence, administer oaths, and take depositions and other testimony for the purpose of investigating fraud, waste, abuse of departmental funds, or behavior in the Department that threatens public safety or demonstrates negligence, incompetence, or malfeasance.

(2) If a person fails to comply with a lawful order or subpoena issued under this subsection, on petition of the Inspector General or a designated Assistant Inspector General, a court of competent jurisdiction may compel:

(i) Compliance with the order or subpoena; or

(ii) Testimony or the production of evidence.

(c) Within 30 business days after receiving a complaint or allegation, the Inspector General, the Compliance Officer, or a designated Assistant Inspector General shall respond to the individual who filed the complaint or allegation with:

(1) A preliminary indication of whether the Office of the Inspector General is able to investigate the complaint or allegation; and

(2) If the Office of the Inspector General is unable to investigate the complaint or allegation:

(i) The reason for not being able to investigate, unless providing the reason would have a negative impact on or jeopardize an investigation being conducted by the Office of the Inspector General, a managed care organization, another unit of government, or law enforcement; and

(ii) The contact information for the Office of Legislative Audits Fraud Hotline.
Md. Code, Commercial Law § 2A-502 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-502
§2A–502.
Status: in_force

Except as otherwise provided in this title or the lease agreement, the lessor or lessee in default under the lease contract is not entitled to notice of default or notice of enforcement from the other party to the lease agreement.
Md. Code, Health Occupations § 2-3B-01 — MD Code / Article gho / Title 2 / Subtitle 3B / Section 2-3B-01
§2–3B–01.
Status: in_force

(a) Except as otherwise provided in this title, on or after October 1, 2022, an individual shall be licensed by the Board before the individual may assist a licensed audiologist in the practice of audiology in this State.

(b) The Board may allow an audiology assistant licensed in another state to assist in the practice of audiology in this State without a license if the audiology assistant has a completed application for a license pending before the Board.
Md. Code, Environment § 2-406 — MD Code / Article gen / Title 2 / Subtitle 4 / Section 2-406
§2–406.
Status: in_force

(a) After July 1, 1990, the owner of an incinerator for the disposal of solid waste as defined in § 7-201 or § 9-101 of this article may not operate or cause the incinerator to be operated unless the owner certifies to the Department that any person operating the incinerator has completed a course of instruction, approved by the Department, in the proper and safe operation of the incinerator.

(b) An operator of an incinerator who meets the requirements of subsection (a) of this section shall be present at all times the incinerator is in operation.

(c) The Department shall adopt regulations to implement the provisions of this section.

(d) The Department shall, at a minimum, conduct quarterly inspections of an incinerator that accepts more than 50 tons per day of special medical waste, as defined in Title 26, Subtitle 13, Chapter 11 of the Code of Maryland Regulations, and may undertake other activities as necessary to determine whether the operation of the incinerator meets the requirements of the air quality permit issued under this title.

(e) The Department shall, at a minimum, require the holder of a permit to incinerate special medical waste that accepts more than 50 tons of special medical waste per day to:

(1) Sample stack emissions under normal operating conditions at least one time per year for dioxin and heavy metals, including barium, cadmium, chromium, lead, nickel, mercury, zinc, arsenic, selenium, and vanadium; and

(2) Provide the test report to the Department.

(f) The holder of the permit shall pay the Department for the cost of the inspection and any other activity conducted under subsection (d) of this section.
Md. Code, Corporations and Associations § 2-304 — MD Code / Article gca / Title 2 / Subtitle 3 / Section 2-304
§2–304.
Status: in_force

(a) By resolution of its board of directors, a corporation may apply any part of its capital surplus for:

(1) The reduction or elimination of a corporate deficit arising from a loss, however incurred, or from diminution in the value of its assets, but only after earned surplus is exhausted; or

(2) Any other proper corporate purpose.

(b) An application of capital surplus under subsection (a) of this section shall be disclosed to the stockholders of the corporation in its next annual report.