Md. Code, Tax - General § 2-1301 — MD Code / Article gtg / Title 2 / Subtitle 13 / Section 2-1301
§2–1301.
Status: in_force

From the sales and use tax revenue, the Comptroller shall distribute the amount necessary to pay refunds relating to the sales and use tax to a refund account.
Md. Code, Election Law § 2-303 — MD Code / Article gel / Title 2 / Subtitle 3 / Section 2-303
§2–303.
Status: in_force

(a) (1) Subject to paragraphs (2) and (3) of this subsection and § 2–303.1 of this subtitle, as it deems it expedient for the convenience of voters, a local board may:

(i) create and alter the boundaries for precincts in the county;

(ii) designate the location for polling places in any election district, ward, or precinct in the county; and

(iii) combine or abolish precincts.

(2) (i) Except as provided under subparagraph (iii) of this paragraph, a local board shall establish a separate precinct on campus or within one–half mile of the campus to specifically serve a public or private institution of higher education if the local board determines that at least 500 students, faculty, and staff who attend or work at the institution are registered voters in the precinct in which the institution is located.

(ii) If, in accordance with subparagraph (i) of this paragraph, a polling place is established at an institution of higher education that receives State funds, that institution shall:

1. provide without charge to the local board a facility for use as a polling place that meets all applicable requirements under this article and as established by the State Board; and

2. provide assistance to the local board in recruiting election judges to staff the polling place.

(iii) A local board may not be required to establish a separate precinct as provided under subparagraph (i) of this paragraph if there is an established precinct within one–half mile of the public or private institution of higher education’s campus that serves the voters who attend or work at the public or private institution of higher education.

(3) When a local board is establishing precinct boundaries and designating the location of polling places, the local board shall contact and obtain input from large residential institutional communities including institutions of higher education, continuing care retirement communities, senior communities, and military installations.

(b) Except as provided in subsection (e) of this section, a local board may not create or change a precinct boundary or polling place during the period beginning the Tuesday that is 13 weeks prior to a primary election, through the day of the general election.

(c) Any precinct boundary established by a local board subsequent to July 1, 1987 shall follow visible features as defined by the Bureau of the Census, United States Department of Commerce.

(d) (1) Within 5 days of creating a new precinct or changing a precinct boundary, a local board shall send to the State Administrator a written description of the new boundary and a map of the area involved.

(2) On receipt of the description and map relating to a precinct boundary described in paragraph (1) of this subsection, the State Administrator shall immediately send the information electronically to the Secretary of Planning.

(e) (1) Unless the action is approved in advance by the State Administrator, during the period January 1, in the second year preceding the decennial census, through the effective date of any redistricting based on the census, a local board may not create a new precinct or change a precinct boundary.

(2) Upon receipt of the description and map relating to a precinct boundary established during the period described in paragraph (1) of this subsection, the State Administrator shall immediately send the information electronically to the Secretary of the Department of Planning and the Executive Director of the Department of Legislative Services.

(f) Notwithstanding any restrictions imposed by subsections (a) through (e) or (g) of this section, but subject to § 2–303.1 of this subtitle and the approval of the State Board, a local board may create a new precinct or change a precinct boundary or polling place if the local board determines that an emergency exists.

(g) (1) The regulations adopted by the State Board shall include procedures for the creation of new precincts and changes to precinct boundaries or polling places.

(2) A local board may create a new precinct or make a change in a precinct boundary or polling place only in accordance with regulations adopted by the State Board.
Md. Code, Commercial Law § 2-207 — MD Code / Article gcl / Title 2 / Subtitle 2 / Section 2-207
§2–207.
Status: in_force

(1) A definite and seasonable expression of acceptance or a written confirmation which is sent within a reasonable time operates as an acceptance even though it states terms additional to or different from those offered or agreed upon, unless acceptance is expressly made conditional on assent to the additional or different terms.

(2) The additional terms are to be construed as proposals for addition to the contract. Between merchants such terms become part of the contract unless:

(a) The offer expressly limits acceptance to the terms of the offer;

(b) They materially alter it; or

(c) Notification of objection to them has already been given or is given within a reasonable time after notice of them is received.

(3) Conduct by both parties which recognizes the existence of a contract is sufficient to establish a contract for sale although the writings of the parties do not otherwise establish a contract. In such case the terms of the particular contract consist of those terms on which the writings of the parties agree, together with any supplementary terms incorporated under any other provisions of Titles 1 through 10 of this article.
Md. Code, State Government § 2-404 — MD Code / Article gsg / Title 2 / Subtitle 4 / Section 2-404
§2–404.
Status: in_force

The President and the Speaker are cochairs of the Committee.
Md. Code, Commercial Law § 2-515 — MD Code / Article gcl / Title 2 / Subtitle 5 / Section 2-515
§2–515.
Status: in_force

In furtherance of the adjustment of any claim or dispute

(a) Either party on reasonable notification to the other and for the purpose of ascertaining the facts and preserving evidence has the right to inspect, test and sample the goods including such of them as may be in the possession or control of the other; and

(b) The parties may agree to a third party inspection or survey to determine the conformity or condition of the goods and may agree that the findings shall be binding upon them in any subsequent litigation or adjustment.
Md. Code, State Finance and Procurement § 2-102 — MD Code / Article gsf / Title 2 / Subtitle 1 / Section 2-102
§2–102.
Status: reserved

(a) On or before the 10th day of each regular session of the General Assembly, the Comptroller shall submit to the Governor and, subject to § 2-1257 of the State Government Article, to the General Assembly an annual report on the fiscal operations of the State.

(b) The report shall state:

(1) for the fiscal year in which the report is made:

(i) the estimated State revenues; and

(ii) the estimated State expenditures; and

(2) for the preceding fiscal year:

(i) the total State funds;

(ii) the total State revenues;

(iii) the amount of revenues that the State received from each source;

(iv) the total State expenditures;

(v) the purposes of the expenditures;

(vi) each amount that the State claims is due from a political subdivision;

(vii) each amount that the State claims is due from an officer of a political subdivision who, by law, collects revenues for the State;

(viii) the total funds, from all State sources, that the State transferred to each political subdivision; and

(ix) the amount of those transferred funds, as calculated for each $100 of assessed value of property in a political subdivision.
Md. Code, State Finance and Procurement § 2-604 — MD Code / Article gsf / Title 2 / Subtitle 6 / Section 2-604
§2–604.
Status: in_force

(a) Whenever a certificate of stock that the State owns and holds has been lost or misplaced, the Treasurer, at the direction of the Board of Public Works, may obtain a duplicate certificate.

(b) The State shall indemnify the corporation that issues the duplicate certificate.
Md. Code, Housing and Community Development § 2-106 — MD Code / Article ghs / Title 2 / Subtitle 1 / Section 2-106
§2–106.
Status: in_force

(a) With the approval of the Governor, the Secretary shall appoint a deputy secretary.

(b) The deputy secretary:

(1) serves at the pleasure of the Secretary; and

(2) is entitled to the compensation provided in the State budget.

(c) The deputy secretary shall have the duties provided by law or delegated by the Secretary.
Md. Code, Commercial Law § 2A-210 — MD Code / Article gcl / Title 2A / Subtitle 2 / Section 2A-210
§2A–210.
Status: in_force

(1) Express warranties by the lessor are created as follows:

(a) Any affirmation of fact or promise made by the lessor to the lessee which relates to the goods and becomes part of the basis of the bargain creates an express warranty that the goods will conform to the affirmation or promise.

(b) Any description of the goods which is made part of the basis of the bargain creates an express warranty that the goods will conform to the description.

(c) Any sample or model that is made part of the basis of the bargain creates an express warranty that the whole of the goods will conform to the sample or model.

(2) It is not necessary to the creation of an express warranty that the lessor use formal words, such as “warrant” or “guarantee”, or that the lessor have a specific intention to make a warranty, but an affirmation merely of the value of the goods or a statement purporting to be merely the lessor’s opinion or commendation of the goods does not create a warranty.
Md. Code, State Government § 2-603 — MD Code / Article gsg / Title 2 / Subtitle 6 / Section 2-603
§2–603.
Status: in_force

(a) The Committee consists of 10 members of the Senate, appointed by the President, and 10 members of the House, appointed by the Speaker.

(b) (1) Members of the Committee shall be appointed on the basis of demonstrated ability and interest in the functions of the Committee.

(2) In making appointments from time to time, the President and the Speaker shall provide for representation from the major areas of the State.

(c) (1) Members shall be appointed after the 2 houses and their committees organize during each regular session of the General Assembly and shall serve until the houses and committees organize during the following regular session.

(2) (i) If a vacancy occurs among the Senators on the Committee, a successor promptly shall be appointed by the President.

(ii) If a vacancy occurs among the Delegates on the Committee, a successor promptly shall be appointed by the Speaker.
Md. Code, Commercial Law § 2-505 — MD Code / Article gcl / Title 2 / Subtitle 5 / Section 2-505
§2–505.
Status: in_force

(1) Where the seller has identified goods to the contract by or before shipment:

(a) His procurement of a negotiable bill of lading to his own order or otherwise reserves in him a security interest in the goods. His procurement of the bill to the order of a financing agency or of the buyer indicates in addition only the seller’s expectation of transferring that interest to the person named.

(b) A nonnegotiable bill of lading to himself or his nominee reserves possession of the goods as security, but except in a case of conditional delivery (subsection (2) of § 2-507) a nonnegotiable bill of lading naming the buyer as consignee reserves no security interest even though the seller retains possession or control of the bill of lading.

(2) When shipment by the seller with reservation of a security interest is in violation of the contract for sale it constitutes an improper contract for transportation within the preceding section but impairs neither the rights given to the buyer by shipment and identification of the goods to the contract nor the seller’s powers as a holder of a negotiable document of title.
Md. Code, Human Services § 2-205 — MD Code / Article ghu / Title 2 / Subtitle 2 / Section 2-205
§2–205.
Status: in_force

(a) In accordance with the State budget, the Secretary may employ a staff attached to the office of the Secretary.

(b) The Secretary may designate a staff assistant to be in charge of a particular area of responsibility.

(c) (1) (i) The Secretary shall appoint each staff assistant in the office of the Secretary in charge of a particular area of responsibility and each professional consultant.

(ii) An employee specified in subparagraph (i) of this paragraph:

1. is in the executive service or management service of, or is a special appointment under, the State Personnel Management System; and

2. serves at the pleasure of the Secretary.

(2) Unless otherwise provided by law, the Secretary shall appoint and remove all other employees in the office of the Secretary in accordance with the provisions of the State Personnel and Pensions Article.
Md. Code, Environment § 2-301 — MD Code / Article gen / Title 2 / Subtitle 3 / Section 2-301
§2–301.
Status: in_force

(a) The Department:

(1) May adopt rules and regulations for the control of air pollution in this State, including testing, monitoring, record keeping, and reporting requirements; and

(2) Shall adopt rules and regulations that establish standards and procedures to be followed whenever pollution of the air reaches an emergency condition.

(b) In adopting any rule or regulation under this title, the Department shall consider, among other things:

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

(2) Zoning;

(3) The nature and source of various kinds of air pollution;

(4) The problems of any commercial or industrial establishment that may be affected by the rule or regulation; and

(5) The environmental conditions, population density, and topography of any area that may be affected by the rule or regulation.

(c) Any rule or regulation adopted under this title that relates to grain drying operations shall be adopted with the advice and consent of the State Department of Agriculture.
Md. Code, Environment § 2-1501 — MD Code / Article gen / Title 2 / Subtitle 15 / Section 2-1501
§2–1501.
Status: in_force

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

(b) “Fund” means the Zero–Emission Vehicle School Bus Transition Fund.

(c) “Program” means the Zero–Emission Vehicle School Bus Transition Grant Program.

(d) “Zero–emission vehicle” has the meaning stated in § 23–206.4 of the Transportation Article.
Md. Code, State Finance and Procurement § 2-108 — MD Code / Article gsf / Title 2 / Subtitle 1 / Section 2-108
§2–108.
Status: in_force

(a) A unit of State government may not knowingly use public funds to influence the decisions of State employees to:

(1) support or oppose an employee organization that represents or seeks to represent the employees of the unit of State government; or

(2) become a member of an employee organization.

(b) This section does not apply to an activity performed or to an expense incurred in connection with:

(1) addressing a grievance or negotiating or administering a collective bargaining agreement;

(2) allowing an employee organization or a representative of an employee organization access to and use of State facilities or properties;

(3) performing an activity required by federal or State law or a collective bargaining agreement;

(4) negotiating, entering into, or carrying out a voluntary recognition agreement with an employee organization; or

(5) paying wages to a represented employee while the employee is performing duties if the payment is permitted under a collective bargaining agreement.
Md. Code, Criminal Procedure § 2-309 — MD Code / Article gcp / Title 2 / Subtitle 3 / Section 2-309
§2–309.
Status: in_force

Part II of this subtitle is the Maryland Uniform Act on Fresh Pursuit.
Md. Code, Commercial Law § 2-324 — MD Code / Article gcl / Title 2 / Subtitle 3 / Section 2-324
§2–324.
Status: in_force

Under a term “no arrival, no sale” or terms of like meaning, unless otherwise agreed,

(a) The seller must properly ship conforming goods and if they arrive by any means he must tender them on arrival but he assumes no obligation that the goods will arrive unless he has caused the nonarrival; and

(b) Where without fault of the seller the goods are in part lost or have so deteriorated as no longer to conform to the contract or arrive after the contract time, the buyer may proceed as if there had been casualty to identified goods (§ 2-613).
Md. Code, Environment § 2-606 — MD Code / Article gen / Title 2 / Subtitle 6 / Section 2-606
§2–606.
Status: in_force

On the basis of the evidence produced at a hearing, the Secretary or the designated hearing officer may issue a corrective or other final order:

(1) Granting an exception from a rule or regulation adopted under this title on such conditions as the Secretary may determine; or

(2) Directing the person charged to comply, within a specified time, with any rule or regulation that the person is found to be violating.
Md. Code, State Finance and Procurement § 2-508 — MD Code / Article gsf / Title 2 / Subtitle 5 / Section 2-508
§2–508.
Status: in_force

In any place to which this subtitle applies, any toilet facility, ramp, building entrance, drinking fountain, parking, or walk that is usable by handicapped individuals shall be marked with a suitable symbol.
Md. Code, Public Safety § 2-101 — MD Code / Article gps / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

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

(b) “Civilian classification” means the position held by a civilian employee.

(c) “Civilian employee” means an employee of the Department other than a police employee.

(d) (1) “Commissioned rank” means the ranks of Lieutenant, Captain, Major, and Lieutenant Colonel.

(2) “Commissioned rank” does not include the Secretary.

(e) “Department” means the Department of State Police.

(f) “Grade” means the status of police employees that have the same primary areas of duty and responsibility within a rank.

(g) (1) “Law enforcement agency” means a law enforcement agency of a department, county, or municipal corporation of the State.

(2) “Law enforcement agency” includes:

(i) sheriffs; and

(ii) similar agencies of other states and the United States.

(h) (1) “Noncommissioned rank” means a rank other than a commissioned rank.

(2) “Noncommissioned rank” does not include the Secretary.

(i) “Police employee” means an employee of the Department to whom the Secretary assigns the powers contained in § 2-412 of this title.

(j) “Rank” means the status, established by rule, of police employees that have the same relative position in the chain of command.

(k) (1) “Rule” means a rule, order, or other directive adopted by the Secretary under this article.

(2) “Rule” does not include a regulation within the meaning of Title 10, Subtitle 1 of the State Government Article.

(l) “Secretary” means the Secretary of State Police.
Md. Code, Public Utilities § 2-115 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-115
§2–115.
Status: in_force

(a) The Commission shall initiate and conduct any investigation necessary to execute its powers or perform its duties under this division.

(b) The Commission may:

(1) examine the records of a public service company;

(2) compel production of the records by subpoena; and

(3) require verified copies of the records to be filed with the Commission.
Md. Code, Tax - General § 2-1302.2 — MD Code / Article gtg / Title 2 / Subtitle 13 / Section 2-1302.2
§2–1302.
Status: in_force

§2–1302.2.

After making the distributions required under §§ 2–1301 through 2–1302.1 of this subtitle, of the sales and use tax collected under § 11–104(k) of this article from the sale of cannabis, as defined in § 1–101 of the Alcoholic Beverages and Cannabis Article, the Comptroller quarterly shall distribute:

(1) 75% of the revenues as follows:

(i) to the Cannabis Regulation and Enforcement Fund, established under § 36–206 of the Alcoholic Beverages and Cannabis Article, an amount necessary to defray the entire cost of the operations and administrative expenses of the Maryland Cannabis Administration established under Title 36 of the Alcoholic Beverages and Cannabis Article;

(ii) to the Department of Social and Economic Mobility Special Fund, established under § 9–4107 of the State Government Article, an amount necessary to defray the operations and administrative expenses of the Office of Social Equity within the Department of Social and Economic Mobility;

(iii) after making the distribution required under items (i) and (ii) of this item:

1. 35% to the Community Reinvestment and Repair Fund under § 1–322 of the Alcoholic Beverages and Cannabis Article for fiscal years 2024 through 2033;

2. 5% to counties, which shall be allocated to each county based on the percentage of revenue collected from that county, except that a county shall distribute to a municipality located in the county 50% of the allocation received under this item that is attributable to the sales and use tax revenue generated by a dispensary located in that municipality;

3. 5% to the Cannabis Public Health Fund established under § 13–4505 of the Health – General Article; and

4. for fiscal years 2024 through 2028, 5% to the Cannabis Business Assistance Fund established under § 5–1901 of the Economic Development Article; and

(iv) any balance remaining after the distributions required under items (i), (ii), and (iii) of this item to the General Fund of the State; and

(2) 25% of the revenue to the General Fund of the State.
Md. Code, Agriculture § 2-512 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-512
§2–512.
Status: in_force

(a) The Foundation may not approve matching allotted purchases of easements for land located in any county which has not secured approval from the Foundation for a local program of agricultural land preservation.

(b) The Foundation may approve a local program of agricultural land preservation on request of a county, provided that:

(1) The county shall agree to make payments up to a specified aggregate amount to the Maryland Agricultural Land Preservation Fund to equal at least 40 percent of the value of any easement acquired by the Foundation as a result of a matching allotted purchase, made during the ensuing fiscal year; and

(2) The county shall show evidence that any county program for the acquisition of agricultural land for preservation, or easements for purposes of preservation of agricultural land, will not result in preservation of land which does not meet the minimum standards set by the Foundation under § 2–509 of this subtitle; and

(3) The request for approval of a local program must be submitted to the Foundation, together with any necessary agreements not later than 90 days prior to the beginning of the fiscal year for which approval is being sought.

(c) Approval of a local program by the Foundation is valid only during the next fiscal year following the fiscal year of the request for approval by the county.

(d) Local programs shall be approved on the affirmative vote of a majority of the Foundation members at–large, and on approval of the Secretary.

(e) (1) In this subsection, “development rights” means the potential for improvement of a parcel of real property that is measured in dwelling units or units of commercial or industrial space and that exist because of the zoning classification of the parcel.

(2) A county shall use that county’s unencumbered and uncommitted matching funds and any additional funds under § 2–508.1 of this subtitle available to a county certified by the Department of Planning and the Foundation under § 5–408 of the State Finance and Procurement Article to purchase development rights and guarantee loans that are collateralized by development rights for agricultural land that meets the minimum standards set by the Foundation under § 2–509(d) of this subtitle, except as provided in paragraph (3) of this subsection.

(3) For a county certified by the Department of Planning and the Foundation under § 5–408 of the State Finance and Procurement Article, in lieu of any acreage requirement set by the Foundation under § 2–509(d) of this subtitle, development rights purchased by or collateralizing loans guaranteed by a county under this subsection shall be for agricultural land of significant size to promote an agricultural operation.

(4) This subsection may not be construed to prohibit any county from accepting funds from private sources and using those private funds to purchase development rights or guarantee loans that are collateralized by development rights.
Md. Code, Health - General § 2-502 — MD Code / Article ghg / Title 2 / Subtitle 5 / Section 2-502
§2–502.
Status: in_force

(a) There is a Maryland Office of the Inspector General for Health.

(b) The Office is an independent unit of the State.

(c) (1) Subject to paragraph (2) of this subsection, the Office shall have access to the following services of the Department:

(i) Information technology;

(ii) Budget and finance;

(iii) Human resources;

(iv) Police;

(v) Procurement; and

(vi) Support services.

(2) The Office shall, in consultation with the Department, develop policies and adopt regulations regarding the use and confidentiality of the services listed in paragraph (1) of this subsection.

(d) The Office shall:

(1) Maintain a physical location within the Department; and

(2) Develop policies and adopt regulations regarding the use and confidentiality of the location of the Office.
Md. Code, Environment § 2-612 — MD Code / Article gen / Title 2 / Subtitle 6 / Section 2-612
§2–612.
Status: in_force

(a) The Secretary may adopt rules and regulations that:

(1) Are patterned after § 120 of the federal Clean Air Act and the federal regulations adopted under § 120 of the federal Clean Air Act; and

(2) Specify:

(i) The circumstances under which a person who violates this title is subject to a noncompliance penalty equal to the economic benefit that accrues to the person because of noncompliance;

(ii) The method of calculating the noncompliance penalty;

(iii) The manner of payment of the noncompliance penalty; and

(iv) The circumstances under which a noncompliance penalty collected under this section is subject to rebate.

(b) (1) If a person fails to pay a noncompliance penalty in a timely manner, the Secretary may require the person to pay an additional nonpayment penalty for each quarter that the noncompliance penalty remains unpaid.

(2) The nonpayment penalty shall equal 20 percent of the total of the person’s noncompliance penalties and nonpayment penalties that remain unpaid at the beginning of the quarter.

(c) If a person fails to pay a noncompliance penalty or nonpayment penalty imposed under this section, the Department may bring an action to collect the penalty in the same manner as a civil penalty is collected under § 2-610 of this subtitle.

(d) An action under this section to collect a noncompliance penalty is in addition to and not instead of:

(1) An action under § 2-609 of this subtitle; or

(2) Any other relief under this subtitle.
Md. Code, Public Safety § 2-203 — MD Code / Article gps / Title 2 / Subtitle 2 / Section 2-203
§2–203.
Status: in_force

(a) With the approval of the Governor, the Secretary may designate without examination one police employee holding the highest commissioned rank to be deputy secretary.

(b) The deputy secretary serves at the pleasure of the Secretary.

(c) The deputy secretary:

(1) is entitled to the salary provided in the State budget; but

(2) may not be paid in accordance with § 2-405 of this title.

(d) (1) The deputy secretary has the authority, responsibility, and duties assigned by the Secretary.

(2) Whenever the Secretary is absent from the State or incapacitated, the deputy secretary has, until the Secretary returns or is no longer incapacitated, all of the powers and duties conferred by law on the Secretary.

(e) After the Secretary terminates a designation as deputy secretary, the individual:

(1) returns to the rank held before designation as deputy secretary; and

(2) shall then be paid in accordance with § 2-405 of this title.
Md. Code, Criminal Law § 2-302 — MD Code / Article gcr / Title 2 / Subtitle 3 / Section 2-302
§2–302.
Status: in_force

When a court or jury finds a person guilty of murder, the court or jury shall state in the verdict whether the person is guilty of murder in the first degree or murder in the second degree.
Md. Code, Commercial Law § 2-302 — MD Code / Article gcl / Title 2 / Subtitle 3 / Section 2-302
§2–302.
Status: in_force

(1) If the court as a matter of law finds the contract or any clause of the contract to have been unconscionable at the time it was made the court may refuse to enforce the contract, or it may enforce the remainder of the contract without the unconscionable clause, or it may so limit the application of any unconscionable clause as to avoid any unconscionable result.

(2) When it is claimed or appears to the court that the contract or any clause thereof may be unconscionable the parties shall be afforded a reasonable opportunity to present evidence as to its commercial setting, purpose and effect to aid the court in making the determination.
Md. Code, State Government § 2-1009 — MD Code / Article gsg / Title 2 / Subtitle 10 / Section 2-1009
§2–1009.
Status: in_force

On or before June 1 of each year, the Legislative Policy Committee shall select units or programs that the Legislative Policy Committee believes should be subject to legislative review and assign the selected units and programs to an appropriate committee for review and recommendations during that legislative interim.
Md. Code, Corporations and Associations § 2-603 — MD Code / Article gca / Title 2 / Subtitle 6 / Section 2-603
§2–603.
Status: in_force

(a) If there is no stock outstanding or subscribed for entitled to be voted on the charter amendment, it shall be approved as provided in this section.

(b) (1) If the amendment is made before the organization meeting of the board of directors, every incorporator shall execute and file amended articles of incorporation in the same form required by Subtitle 1 of this title for original articles of incorporation.

(2) When the Department accepts amended articles of incorporation for record, they take the place of the original articles.

(c) If the amendment is made at or after the organization meeting of the board of directors, it shall be approved by a majority of the entire board of directors.
Md. Code, Public Utilities § 2-101 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

(a) There is a Public Service Commission.

(b) The Commission is an independent unit in the Executive Branch of State government.

(c) The Commission shall carry out the functions assigned to it by law.
Md. Code, Alcoholic Beverages and Cannabis § 2-205 — MD Code / Article gab / Title 2 / Subtitle 2 / Section 2-205
§2–205.
Status: in_force

(a) There is a Class 3 winery license.

(b) A license holder may:

(1) establish and operate a plant for fermenting and bottling wine at the location described in the license;

(2) import bulk wine from the holder of a nonresident dealer’s permit;

(3) sell and deliver wine to:

(i) a holder of a wholesaler’s license;

(ii) a holder of a permit that is authorized to acquire wine; and

(iii) a person outside the State that is authorized to acquire wine;

(4) subject to subsection (c) of this section, sell at retail wine made at the plant from products grown in the State to an individual participating in a guided tour of the plant; and

(5) serve, at no charge, not more than 6 ounces of wine made at the plant to an individual who has attained the legal drinking age and is participating in a guided tour of the plant.

(c) An individual may purchase wine under subsection (b)(4) of this section if the individual has attained the legal drinking age.

(d) The license holder shall report to the Executive Director annually on a form provided by the Executive Director on:

(1) the amount of alcoholic beverages produced under the license;

(2) the amount of alcoholic beverages sold for off–premises consumption; and

(3) the amount of alcoholic beverages served for on–premises consumption.

(e) Except as otherwise provided by law, the license holder may not sell alcoholic beverages for off–premises consumption to a person who intends to resell the alcoholic beverages.

(f) The annual license fee:

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

(2) may not exceed $750.
Md. Code, Commercial Law § 2-305 — MD Code / Article gcl / Title 2 / Subtitle 3 / Section 2-305
§2–305.
Status: in_force

(1) The parties if they so intend can conclude a contract for sale even though the price is not settled. In such a case the price is a reasonable price at the time for delivery if

(a) Nothing is said as to price; or

(b) The price is left to be agreed by the parties and they fail to agree; or

(c) The price is to be fixed in terms of some agreed market or other standard as set or recorded by a third person or agency and it is not so set or recorded.

(2) A price to be fixed by the seller or by the buyer means a price for him to fix in good faith.

(3) When a price left to be fixed otherwise than by agreement of the parties fails to be fixed through fault of one party the other may at his option treat the contract as cancelled or himself fix a reasonable price.

(4) Where, however, the parties intend not to be bound unless the price be fixed or agreed and it is not fixed or agreed there is no contract. In such a case the buyer must return any goods already received or if unable so to do must pay their reasonable value at the time of delivery and the seller must return any portion of the price paid on account.
Md. Code, Environment § 2-503 — MD Code / Article gen / Title 2 / Subtitle 5 / Section 2-503
§2–503.
Status: in_force

(a) If a petition for a temporary fuel variance is filed in accordance with § 2-502 of this subtitle, the Department shall schedule a public hearing on the petition to be held as soon as possible but no earlier than 10 days after publication of the notice required by this section.

(b) The petitioner shall publish a prominent notice of the hearing in a newspaper of general circulation in the county where the source for which the temporary fuel variance is sought is located.

(c) Except as otherwise provided by the Department, the notice shall contain:

(1) The name and address of the petitioner;

(2) The location and a description of the operations for which the temporary fuel variance is sought;

(3) A reference to the specific rule, regulation, or order from which the temporary fuel variance is sought;

(4) A brief statement explaining why the temporary fuel variance is sought;

(5) A statement that any person may oppose the petition at a public hearing on a specific date and at a specific time and location; and

(6) Any additional information that the Department requires.

(d) (1) The Department may grant an emergency temporary fuel variance before the public hearing if:

(i) The petitioner shows to the Department an immediate need for the temporary fuel variance; and

(ii) The Air Management Administration recommends that the Department grant the temporary fuel variance before the hearing.

(2) If the Department grants an emergency temporary fuel variance before the public hearing:

(i) The notice of the hearing shall state that an emergency temporary fuel variance has been granted and will be reviewed at the hearing; and

(ii) The hearing shall be held by the Department within 30 days after the petition is filed.

(e) After the hearing and if the Air Management Administration so recommends, the Department may:

(1) If a temporary fuel variance has not been previously granted:

(i) Grant a temporary fuel variance, subject to federal requirements, for a period of not more than 120 days; or

(ii) Refuse to grant a temporary fuel variance; and

(2) If an emergency temporary fuel variance has been granted previously:

(i) Terminate the emergency temporary fuel variance; or

(ii) Extend the emergency temporary fuel variance, subject to federal regulations, for a period of not more than 120 days from the date the variance was first granted.
Md. Code, Agriculture § 2-203 — MD Code / Article gag / Title 2 / Subtitle 2 / Section 2-203
§2–203.
Status: in_force

(a) The Commission consists of:

(1) One member who is ex officio and is the principal administrative official for agricultural affairs at the University System of Maryland as designated by the Chancellor of the University; and

(2) The following members appointed by the Governor:

(i) One representative of the dairy industry;

(ii) One representative of the poultry industry;

(iii) One representative of the livestock industry;

(iv) One representative of the nursery, landscape, and greenhouse industry;

(v) One representative of the fruit industry;

(vi) One representative of the field crops industry;

(vii) One representative of the vegetable industry;

(viii) One representative of the veterinary profession;

(ix) One representative of the Maryland State Grange;

(x) One representative of the Maryland Farm Bureau;

(xi) One representative of services related to agriculture;

(xii) One representative of the turf industry;

(xiii) One representative of the equine industry;

(xiv) One representative of the food processing industry;

(xv) One representative of the general public to be the consumer member;

(xvi) One representative of the organic farming industry;

(xvii) One representative of direct farm marketing;

(xviii) One representative of viticulture;

(xix) One representative of agriculture education in primary or secondary schools;

(xx) One representative of agri–business;

(xxi) One representative of the forestry industry;

(xxii) One representative of the aquaculture industry;

(xxiii) One representative of value–added agriculture and agritourism;

(xxiv) One representative of the biofuel industry;

(xxv) One representative of the hemp industry;

(xxvi) One representative of the controlled environmental agriculture industry;

(xxvii) One representative of socially disadvantaged farmers;

(xxviii) One representative of veteran farmers;

(xxix) One representative of the Committee on Young Farmers;

(xxx) One representative of urban and small farmers; and

(xxxi) One representative of new and beginning farmers.

(b) (1) The consumer member of the Commission:

(i) Shall be a member of the general public;

(ii) May not be involved in any way with the activities on which the Commission advises the Secretary; and

(iii) May not, within 1 year before appointment, have had a financial interest in or have received compensation from a person who is involved in any way with the activities on which the Commission advises the Secretary.

(2) While a member of the Commission, the consumer member may not have a financial interest in or receive compensation from a person who is involved in any way with the activities on which the Commission advises the Secretary.

(c) (1) The term of membership is 3 years.

(2) A person may not serve more than two consecutive terms.
Md. Code, State Government § 2-1207 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1207
§2–1207.
Status: in_force

In addition to any duties set forth elsewhere, the Department shall provide:

(1) budget and fiscal review, analysis, research, studies, and reports;

(2) legislative drafting and statutory revision services;

(3) legal research, review, analysis, studies, and reports;

(4) general research and policy analysis;

(5) fiscal/compliance, financial statement, and performance audits of units of the State government;

(6) legislative research, legislative document and material collection and preservation, and other library services;

(7) public information services about legislative activities;

(8) document preparation and publication services;

(9) legislative information systems maintenance, development, and support; and

(10) administrative support services for the Department and, where appropriate, for the General Assembly relating to finance, personnel, distribution, telecommunications, printing and copying, supplies, housekeeping, and maintenance.
Md. Code, Health Occupations § 2-317 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-317
§2–317.
Status: in_force

(a) If the license of an audiologist, hearing aid dispenser, speech–language pathologist, or speech–language pathology assistant is suspended or revoked under § 2–314 of this subtitle, and it is not reinstated by the Board within 5 years, the Board may not reinstate it.

(b) If a license may not be reinstated under subsection (a) of this section, an audiologist, hearing aid dispenser, speech–language pathologist, or speech–language pathology assistant may apply for a new license by meeting the current licensing requirements for obtaining a new license under this title and any additional requirements determined by the Board.
Md. Code, Courts and Judicial Proceedings § 2-511 — MD Code / Article gcj / Title 2 / Subtitle 5 / Section 2-511
§2–511.
Status: in_force

There shall be included in the State budget for the Judiciary Department of Maryland beginning in fiscal year 2000, an authorization to the Administrative Office of the Courts in the total amount necessary to provide interpreter services required to be provided by federal or State law in a circuit court proceeding.
Md. Code, Criminal Procedure § 2-305 — MD Code / Article gcp / Title 2 / Subtitle 3 / Section 2-305
§2–305.
Status: in_force

(a) A member of a state, county, or municipal law enforcement unit of another state who enters this State in fresh pursuit and continues within this State in fresh pursuit of a person to arrest the person on the ground that the person is believed to have committed a felony in the other state has the same authority to arrest and hold the person in custody as has a member of a duly organized State, county, or municipal corporation law enforcement unit of this State to arrest and hold a person in custody on the ground that the person is believed to have committed a felony in this State.

(b) This section does not make unlawful an arrest in this State that would otherwise be lawful.
Md. Code, Tax - General § 2-303 — MD Code / Article gtg / Title 2 / Subtitle 3 / Section 2-303
§2–303.
Status: in_force

The Comptroller shall distribute the proceeds from sales of contraband alcoholic beverages and conveyances under § 13–841(a) or (d) of this article to the General Fund.
Md. Code, Human Services § 2-301 — MD Code / Article ghu / Title 2 / Subtitle 3 / Section 2-301
§2–301.
Status: in_force

The following units are in the Department:

(1) the Child Support Administration;

(2) the Family Investment Administration;

(3) the Social Services Administration;

(4) the Maryland Commission for Women;

(5) the Two Generation Family Economic Security Commission; and

(6) any other unit that by law is declared to be part of the Department.
Md. Code, Education § 2-202 — MD Code / Article ged / Title 2 / Subtitle 2 / Section 2-202
§2–202.
Status: in_force

(a) The State Board consists of 13 regular members, and 1 student member, appointed by the Governor with the advice and consent of the Senate.

(b) (1) In making appointments to the State Board, the Governor shall consider representation from:

(i) All parts of this State; and

(ii) Areas of this State with concentrations of population or unique needs.

(2) Except as provided in paragraphs (4) through (6) of this subsection, the members of the Board shall be appointed from the general public.

(3) The following individuals may not be appointed to the Board:

(i) Except for the teacher member and student member, any individual who is subject to the authority of the Board;

(ii) The Governor; and

(iii) The State Superintendent.

(4) (i) Of the 13 regular members of the State Board, one regular member shall be a certified teacher who is actively teaching.

(ii) The Governor shall appoint the teacher member, with the advice and consent of the Senate, who received the highest number of votes after an election by teachers in the State.

(iii) The Department shall provide notice of a teacher member vacancy on the State Board to:

1. All certified teachers who are actively teaching in the State; and

2. All teachers’ organizations representing teachers in the State for purposes of collective bargaining.

(iv) 1. The election shall be conducted under regulations that the Department adopts.

2. The Department may consult with the State Retirement Agency of the Maryland State Retirement and Pension System to conduct the election required under this subparagraph.

(v) The teacher member may attend and participate in an executive session of the State Board.

(vi) The teacher member may not vote on any matter that relates to appeals to the State Board under § 6–202 of this article.

(5) (i) Of the 13 regular members of the State Board, one regular member shall be the parent of a student enrolled in a public school in the State.

(ii) The Governor shall appoint the parent member, with the advice and consent of the Senate, from a list of three qualified individuals submitted to the Governor by the Maryland PTA.

(iii) The Department shall provide notice of the parent member vacancy on the State Board to the Maryland PTA.

(iv) The parent member may attend and participate in an executive session of the State Board.

(6) The student member shall be selected by the Governor from a list of 2 persons nominated by the Maryland Association of Student Councils.

(c) (1) The student member shall be:

(i) A regularly enrolled student; and

(ii) In good standing in a public high school in the State.

(2) The student member may attend and participate in an executive session of the Board.

(3) The student member may not vote on any matter that relates to:

(i) The dismissal of or other disciplinary action involving personnel; or

(ii) Appeals to the State Board under § 2–205 of this subtitle or § 4–205 or § 6–202 of this article.

(d) (1) Each regular member serves for a term of 4 years and until a successor is appointed and qualifies. These terms are staggered as required by the terms of the members serving on the State Board as of July 1, 1989.

(2) The Governor shall appoint a new member to fill any vacancy on the Board for the remainder of that term and until a successor is appointed and qualifies.

(3) A member is eligible for reappointment but may not serve for more than two full 4–year terms.

(4) The student member shall serve for a term of 1 year. A student member is eligible for reappointment but may not serve more than two full 1–year terms.
Md. Code, Health Occupations § 2-313 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-313
§2–313.
Status: in_force

(a) Unless the Board agrees to accept the surrender of a license or a limited license, a licensee or limited licensee may not surrender the license or limited license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.

(b) The Board may set conditions on its agreement with a licensee or limited licensee under investigation or against whom charges are pending to accept surrender of the license.
Md. Code, State Personnel and Pensions § 2-302 — MD Code / Article gsp / Title 2 / Subtitle 3 / Section 2-302
§2–302.
Status: in_force

(a) The State recognizes and honors the value and dignity of every person and understands the importance of providing employees and applicants for employment with a fair opportunity to pursue their careers in an environment free of discrimination or harassment prohibited by law.

(b) (1) Except as provided in paragraph (2) of this subsection or by other law, all personnel actions concerning a State employee or applicant for employment in State government shall be made without regard to:

(i) age;

(ii) ancestry;

(iii) color;

(iv) creed;

(v) gender identity;

(vi) marital status;

(vii) mental or physical disability;

(viii) national origin;

(ix) race;

(x) religious affiliation, belief, or opinion;

(xi) sex; or

(xii) sexual orientation.

(2) A personnel action may be taken with regard to age, sex, or disability to the extent that age, sex, or physical or mental qualification is required by law or is a bona fide occupational qualification.

(c) (1) Each State employee is expected to assume personal responsibility and leadership in ensuring fair employment practices and equal employment opportunity in Maryland State government.

(2) Employment discrimination and harassment by State managers, supervisors, or other employees is prohibited.

(3) A State employee who violates this subtitle is subject to disciplinary action by the employee’s appointing authority, including the termination of State employment.

(d) The Equal Employment Opportunity Program in Title 5, Subtitle 2 of this article governs all employees of any unit in the Executive Branch of State government, including a unit with an independent personnel system.

(e) (1) At least annually, the Secretary shall report on the Equal Employment Opportunity Program established in § 5–202 of this article to the Joint Committee on Fair Practices and State Personnel Oversight.

(2) The head of a personnel system in the Legislative and Judicial branches may report periodically on equal employment opportunity programs and policies in effect in that personnel system to the Joint Committee on Fair Practices and State Personnel Oversight.
Md. Code, Real Property § 2-103 — MD Code / Article grp / Title 2 / Subtitle 1 / Section 2-103
§2–103.
Status: in_force

Every valid assignment of a mortgage is sufficient to grant to the assignee every right which the assignor possessed under the mortgage at the time of the assignment.
Md. Code, Public Safety § 2-202 — MD Code / Article gps / Title 2 / Subtitle 2 / Section 2-202
§2–202.
Status: in_force

(a) The Governor shall appoint the Secretary of State Police with the advice and consent of the Senate.

(b) (1) The appointee shall be a citizen of the United States.

(2) The appointee shall be qualified on the basis of training, experience, and ability to discharge the duties of the Secretary.

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

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

(e) (1) The Secretary shall supervise and direct the affairs and operations of the Department.

(2) The Secretary is responsible for carrying out the Governor’s policies with respect to those matters specified in Titles 2, 4, 5, 11, and 14 of this article.

(3) The Secretary shall report to the Governor.
Md. Code, Commercial Law § 2-709 — MD Code / Article gcl / Title 2 / Subtitle 7 / Section 2-709
§2–709.
Status: in_force

(1) When the buyer fails to pay the price as it becomes due the seller may recover, together with any incidental damages under the next section, the price

(a) Of goods accepted or of conforming goods lost or damaged within a commercially reasonable time after risk of their loss has passed to the buyer; and

(b) Of goods identified to the contract if the seller is unable after reasonable effort to resell them at a reasonable price or the circumstances reasonably indicate that such effort will be unavailing.

(2) Where the seller sues for the price he must hold for the buyer any goods which have been identified to the contract and are still in his control except that if resale becomes possible he may resell them at any time prior to the collection of the judgment. The net proceeds of any such resale must be credited to the buyer and payment of the judgment entitles him to any goods not resold.

(3) After the buyer has wrongfully rejected or revoked acceptance of the goods or has failed to make a payment due or has repudiated (§ 2-610), a seller who is held not entitled to the price under this section shall nevertheless be awarded damages for nonacceptance under the preceding section.
Md. Code, Courts and Judicial Proceedings § 2-201 — MD Code / Article gcj / Title 2 / Subtitle 2 / Section 2-201
§2–201.
Status: in_force

(a) The clerk of a court shall:

(1) Have custody of the books, records, and papers of his office;

(2) Make proper legible entries of all proceedings of the court and keep them in well-bound books or other permanent form;

(3) When requested in writing to do so, record any paper filed with his office and required by law to be recorded in the appropriate place, whether or not the title to land is involved;

(4) Unless prohibited by law or order of court, provide copies of records or papers in his custody to a person requesting a copy, under the seal of the court if required;

(5) Issue all writs which may legally be issued from the court;

(6) Deliver a full statement of the costs of a suit to a party requesting a copy;

(7) Receive all books, documents, public letters, and packages sent to him pursuant to law, and carefully dispose of them as the law requires;

(8) Administer an oath;

(9) Replace worn books and records with new ones;

(10) In conjunction with the Motor Vehicle Administrator, establish uniform procedures for reporting both traffic cases and criminal cases involving a motor vehicle in the circuit court to the Motor Vehicle Administration; and

(11) Perform any other duty required by law or rule.

(b) Unless otherwise provided by law, a clerk is not required to record any paper filed with him or to provide any person with a copy of a paper until the applicable charge has been paid.
Md. Code, Health Occupations § 2-205 — MD Code / Article gho / Title 2 / Subtitle 2 / Section 2-205
§2–205.
Status: in_force

In addition to the powers and duties set forth elsewhere in this title, the Board has the following powers and duties:

(1) To adopt rules and regulations to carry out the provisions of this title;

(2) To adopt and publish codes of ethics for the practices of audiology, hearing aid dispensing, and speech–language pathology, and the assistance in the practice of speech–language pathology and audiology;

(3) To adopt an official seal;

(4) To hold hearings and keep records and minutes necessary for the orderly conduct of business;

(5) To issue a list annually of the names of all individuals licensed by the Board;

(6) To send any notice that the Board is required to give to a licensee under this title to the last known address given to the Board by the licensee;

(7) To adopt regulations governing the use of telehealth communications by audiologists, hearing aid dispensers, and speech–language pathologists; and

(8) To adopt regulations governing the licensing of audiology assistants and assistance in the practice of audiology.
Md. Code, Tax - General § 2-114 — MD Code / Article gtg / Title 2 / Subtitle 1 / Section 2-114
§2–114.
Status: in_force

(a) Notwithstanding the provisions of § 9–602 of the Criminal Law Article and subject to subsections (b), (c), (d), and (e) of this section, the Comptroller may monitor and record incoming telephone calls to employees of the Comptroller’s call centers to telephones within the offices of the Comptroller for training, quality control, and employee safety purposes.

(b) Any monitored or recorded telephone call shall contain a notice to the telephone caller that “Your call may be recorded or monitored for training and quality control purposes”.

(c) (1) The Comptroller may record or monitor incoming calls to the Comptroller’s call centers only.

(2) The Comptroller may not record or monitor calls to or from direct individual lines in the Office of the Comptroller.

(d) Notwithstanding any other provision of law, information derived from an incoming telephone call to employees of the Comptroller’s call centers may not be used in any criminal or civil proceeding against any Maryland taxpayer unless the caller has made a personal and imminent threat against an employee or property of the State.

(e) Recorded telephone calls may not be retained by the Office of the Comptroller for longer than 60 days, except:

(1) if the call is to be used solely as a positive example to follow in the training of employees using the Comptroller’s call centers; or

(2) if the caller has made a personal and imminent threat against an employee or property of the State.
Md. Code, State Government § 2-1211 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1211
§2–1211.
Status: in_force

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

(b) “Director” means the Director of the Office of Operations and Support Services.

(c) “Office” means the Office of Operations and Support Services.
Md. Code, Corporations and Associations § 2-509 — MD Code / Article gca / Title 2 / Subtitle 5 / Section 2-509
§2–509.
Status: in_force

(a) Stock registered in the name of a corporation, if entitled to be voted, may be voted by the president, a vice president, or a proxy appointed by either of them, unless another person appointed to vote the stock under a bylaw or a resolution of the board of directors presents a certified copy of the bylaw or resolution, in which case he may vote the stock.

(b) (1) Shares of a corporation’s own stock owned directly or indirectly by it may not be voted at any meeting and may not be counted in determining the total number of outstanding shares entitled to be voted at any given time unless they are held by it in a fiduciary capacity, in which case they may be voted and shall be counted in determining the total number of outstanding shares at any given time.

(2) Shares of its own stock are considered owned indirectly by the corporation if owned by another corporation or entity in which the corporation owns shares or interests entitled to cast a majority of all the votes entitled to be cast by holders of all shares or interests outstanding and entitled to vote.
Md. Code, Criminal Procedure § 2-307 — MD Code / Article gcp / Title 2 / Subtitle 3 / Section 2-307
§2–307.
Status: in_force

After this Part II of this subtitle is passed and approved by the Governor, the Secretary of State shall certify a copy of this subtitle to the executive department of each state.
Md. Code, Transportation § 2-102 — MD Code / Article gtr / Title 2 / Subtitle 1 / Section 2-102
§2–102.
Status: in_force

(a) The head of the Department is the Secretary of Transportation, 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 counsel and advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on these matters.

(2) (i) 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. He may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill effectively the duties assigned to him. He may designate staff assistants to be in charge of the areas of responsibility he establishes.

(ii) The Secretary may establish for employees of the Department a human resources management system under § 2-103.4 of this subtitle that is not subject to or controlled by the provisions of State law relating to other State employees.

(3) The Secretary is entitled to the salary provided in the State budget.

(c) (1) With the approval of the Governor, the Secretary shall appoint a deputy secretary who has the duties provided by law or delegated by the Secretary.

(2) The deputy secretary is the acting secretary during periods when the Secretary is absent or disabled.

(3) The deputy secretary serves at the pleasure of the Secretary and is entitled to the salary provided in the State budget.

(4) The deputy secretary shall serve as acting chairman of the Maryland Transportation Authority, acting chairman of the Maryland Aviation Commission, and acting chairman of the Maryland Port Commission during periods when the Secretary is absent or disabled.

(5) In accordance with 49 U.S.C. 5329, the deputy secretary or the deputy secretary’s designee shall have safety, regulatory, and enforcement authority over the Maryland Transit Administration’s light rail transit system and Metro subway.

(d) (1) The Secretary may have in the Department the staff assistants, professional consultants, and employees provided in the State budget.

(2) Each staff assistant in charge of an area of responsibility and each professional consultant shall be appointed by and serves at the pleasure of the Secretary.

(3) Except as otherwise provided by law, the Secretary shall appoint and remove all other personnel in accordance with:

(i) The provisions of the State Personnel and Pensions Article; or

(ii) A human resources management system established by the Secretary under § 2-103.4 of this subtitle.

(4) The Secretary may delegate the authority to appoint and remove personnel of any unit to the head of that unit.

(e) Wherever the Secretary is authorized by law to make an appointment to a particular position in the Department with the approval of the Governor, the Secretary may not remove the appointee without first obtaining the Governor’s approval.
Md. Code, Corporations and Associations § 2-106 — MD Code / Article gca / Title 2 / Subtitle 1 / Section 2-106
§2–106.
Status: in_force

(a) A corporation shall record its name with the Department as provided in Title 1, Subtitle 5 of this article.

(b) The Department may permit a foreign corporation that has a name prohibited by Title 1, Subtitle 5 of this article to register or qualify to do business in this State, if the foreign corporation agrees:

(1) To transact business in this State only under a disclosed assumed name that meets the requirements of Title 1, Subtitle 5 of this article; and

(2) To use the assumed name in all of its dealings with the Department and the conduct of its affairs in this State.
Md. Code, Estates and Trusts § 2-212 — MD Code / Article get / Title 2 / Subtitle 2 / Section 2-212
§2–212.
Status: in_force

(a) In cooperation with the registers, the Attorney General shall:

(1) Make available to the public basic instructional materials to assist the public in the procedure and preparation of forms for probate; and

(2) Review the instructional materials on a regular basis and update them as necessary.

(b) The registers and designated employees of the registers shall:

(1) Provide the materials required under subsection (a) of this section to the public; and

(2) Assist and advise any person who requests assistance or advice in the preparation of any forms for administrative probate under this article.
Md. Code, Election Law § 2-110 — MD Code / Article gel / Title 2 / Subtitle 1 / Section 2-110
§2–110.
Status: in_force

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

(2) “Election disinformation” means incorrect or misleading information regarding the time, place, or manner of an election, election results, or voting rights in the State that is knowingly and deliberately disseminated.

(3) “Election misinformation” means incorrect or misleading information regarding the time, place, or manner of an election, election results, or voting rights in the State.

(b) (1) The State Board shall maintain a portal on the State Board’s website that the public may use to report election misinformation and election disinformation.

(2) The State Board shall conduct a periodic review of material submitted by the public through the portal and, to the extent necessary, issue corrective information or refer submissions to the State Prosecutor.
Md. Code, State Government § 2-1237 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1237
§2–1237.
Status: in_force

(a) (1) Except as prohibited by the Internal Revenue Code, the employees and authorized representatives of the Office shall have access to and may inspect the records, including those that are confidential by law, of any unit of State government or of a person or other body receiving State funds, with respect to any matter under the jurisdiction of the Office.

(2) In conjunction with a performance evaluation authorized under this subtitle, the access required by paragraph (1) of this subsection shall include access to the records of contractors and subcontractors that perform work under State contracts.

(3) The employees or authorized representatives of the Office shall have access to and may inspect the records, including those that are confidential by law, of any local school system to undertake the performance evaluations authorized under § 2–1234 of this subtitle.

(b) Each officer or employee of the unit or body that is subject to a performance evaluation shall provide any information that the Director determines to be needed for the examination of that unit or body, or of any matter under the authority of the Office, including information that otherwise would be confidential under any provision of law.

(c) (1) The Director may issue process that requires an official of a State unit or school system that is subject to performance evaluation to produce a record that is needed for the performance evaluation.

(2) The process shall be sent to the sheriff for the county where the official is located.

(3) The sheriff promptly shall serve the process.

(4) The State shall pay the cost of process.

(5) If a person fails to comply with process issued under this subsection or fails to provide information that is requested during a performance evaluation, a circuit court may issue an order directing compliance with the process or compelling that the information requested be provided.
Md. Code, Courts and Judicial Proceedings § 2-508 — MD Code / Article gcj / Title 2 / Subtitle 5 / Section 2-508
§2–508.
Status: in_force

(a) In Prince George’s County, in accordance with the Maryland Rules, the County Administrative Judge shall:

(1) Establish the Office of Calendar Management to schedule all proceedings before the Circuit Court for Prince George’s County, including juvenile matters, civil, criminal, and domestic relations cases;

(2) Appoint the employees of the Office of Calendar Management; and

(3) Supervise directly or through a designee the functions and employees of the Office of Calendar Management.

(b) Prince George’s County shall fund all salaries and other expenses of the Office of Calendar Management.
Md. Code, Commercial Law § 2A-214 — MD Code / Article gcl / Title 2A / Subtitle 2 / Section 2A-214
§2A–214.
Status: in_force

(1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit a warranty must be construed wherever reasonable as consistent with each other; but, subject to the provisions of § 2A-202 on parol or extrinsic evidence, negation or limitation is inoperative to the extent that the construction is unreasonable.

(2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it, the language must mention “merchantability”, be by a writing, and be conspicuous. Subject to subsection (3), to exclude or modify any implied warranty of fitness, the exclusion must be by a writing and be conspicuous. Language to exclude all implied warranties of fitness is sufficient if it is in writing, conspicuous and states, for example, “There is no warranty that the goods will be fit for a particular purpose.”

(3) Notwithstanding subsection (2), but subject to subsection (4):

(a) Unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like “as is,” or “with all faults,” or by other language that in common understanding calls the lessee’s attention to the exclusion of warranties and makes plain that there is no implied warranty, if in writing and conspicuous;

(b) If the lessee before entering into the lease contract has examined the goods or the sample or model as fully as desired or has refused to examine the goods, there is no implied warranty with regard to defects that an examination ought in the circumstances to have revealed; and

(c) An implied warranty may also be excluded or modified by course of dealing, course of performance, or usage of trade.

(4) To exclude or modify a warranty against interference or against infringement (§ 2A-211) or any part of it, the language must be specific, be by a writing, and be conspicuous, unless the circumstances, including course of performance, course of dealing, or usage of trade, give the lessee reason to know that the goods are being leased subject to a claim or interest of any person.
Md. Code, Health Occupations § 2-310 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-310
§2–310.
Status: in_force

(a) Subject to the provisions of this section, the Board shall issue a limited license to practice audiology to an applicant who:

(1) Except for the examination or supervised clinical training, meets the license requirements under § 2–302 of this subtitle;

(2) Demonstrates to the satisfaction of the Board that for the term of the limited license the applicant will practice audiology 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 the application fee set by the Board.

(b) (1) The purpose of a limited license is to permit an individual to practice audiology while completing the licensing requirements of this title.

(2) While it is effective, a limited license authorizes the licensee to practice audiology under the supervision of:

(i) A fully licensed audiologist; 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 audiology from a professional organization acceptable to the Board as provided in the regulations adopted by the Board.

(c) A limited license expires on the first anniversary of its effective date.

(d) The Board may renew the limited license 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 after the initial limited license was issued, the individual may not apply for another limited license.
Md. Code, Real Property § 2-101 — MD Code / Article grp / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

The word “grant”, the phrase “bargain and sell”, in a deed, or any other words purporting to transfer the whole estate of the grantor, passes to the grantee the whole interest and estate of the grantor in the land mentioned in the deed unless a limitation or reservation shows, by implication or otherwise, a different intent.
Md. Code, Agriculture § 2-508.1 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-508.1
§2–508.
Status: in_force

§2–508.1.

(a) If a county is certified by the Department of Planning under § 5–408 of the State Finance and Procurement Article as having established an effective county agricultural land preservation program, and if there is money remaining in the Maryland Agricultural Land Preservation Fund at the end of the fiscal year, the county may apply to the Foundation for an amount equal to the difference between:

(1) The aggregate amount allotted on behalf of the county under general allotted purchases of easements as provided in § 2–508(b) of this subtitle for the fiscal year in which easement purchases are made; and

(2) The amount committed by the Foundation on behalf of the county under general allotted purchases of easements as provided in § 2–508(b) of this subtitle for the fiscal year in which easement purchases are made.

(b) The distribution under this section shall be made within 60 days of the end of each fiscal year.

(c) If the money remaining in the Maryland Agricultural Land Preservation Fund at the end of the fiscal year is insufficient to distribute the total amount applied for under subsection (a) of this section, the maximum amount that may be distributed to any certified county is:

(1) The total sum available divided by the number of counties applying for additional funds under this section; less

(2) The amount committed by the Foundation on behalf of the county under general allotted purchases of easements as provided in § 2–508(b) of this subtitle for the fiscal year in which easement purchases are made.

(d) A county may use the additional funds distributed under this section only for an approved agricultural land preservation program for the purposes stated under § 2–512 of this subtitle, including use for bond annuity funds, collateralizing loans, or matching funds.
Md. Code, Commercial Law § 2-104 — MD Code / Article gcl / Title 2 / Subtitle 1 / Section 2-104
§2–104.
Status: in_force

(1) “Merchant” means a person who deals in goods of the kind or otherwise by his occupation holds himself out as having knowledge or skill peculiar to the practice or goods involved in the transaction or to whom such knowledge or skill may be attributed by his employment of an agent or broker or other intermediary who by his occupation holds himself out as having such knowledge or skill.

(2) “Financing agency” means a bank, finance company or other person who in the ordinary course of business makes advances against goods or documents of title or who by arrangement with either the seller or the buyer intervenes in ordinary course to make or collect payment due or claimed under the contract for sale, as by purchasing or paying the seller’s draft or making advances against it or by merely taking it for collection whether or not documents of title accompany or are associated with the draft. “Financing agency” includes also a bank or other person who similarly intervenes between persons who are in the position of seller and buyer in respect to the goods (§ 2-707).

(3) “Between merchants” means in any transaction with respect to which both parties are chargeable with the knowledge or skill of merchants.
Md. Code, State Government § 2-201 — MD Code / Article gsg / Title 2 / Subtitle 2 / Section 2-201
§2–201.
Status: in_force

(a) The State of Maryland is divided into 47 districts for the election of members of the General Assembly of Maryland.

(b) Each legislative district shall elect 1 Senator and 3 Delegates.

(c) Each legislative district may be subdivided into 3 single member delegate districts or into 1 single member delegate district and 1 multimember delegate district.

(d) In any legislative district which contains more than 2 counties:

(1) where Delegates are to be elected at large by the voters of the entire district, a county, or part of a county, may not have more than 1 Delegate residing in that district; and

(2) where Delegates are to be elected by the voters of a multimember subdistrict which contains more than 2 counties or parts of more than 2 counties, a county or a part of a county may not have more than 1 Delegate residing in that subdistrict.

(e) (1) The descriptions of legislative districts in this subtitle, including all references to:

(i) election districts and wards are to the geographical boundaries of the election districts and wards as they existed as of April 1, 2020; and

(ii) precincts are to the geographical boundaries of the precincts as reviewed and certified by the local board of supervisors of elections or their designees, before they were reported to the U.S. Bureau of the Census as part of the 2020 Census Redistricting Data Program and as those precinct lines are specifically indicated in the P.L. 94–171 data or shown on the P.L. 94–171 census block maps provided by the U.S. Bureau of the Census and as reviewed and corrected by the Maryland Department of Planning.

(2) Where precincts are split between legislative districts, census tract and block numbers, as indicated in the P.L. 94–171 data or shown on the P.L. 94–171 census block maps provided by the U.S. Bureau of the Census and referred to in § 2–202 of this subtitle, are used to define the boundaries of legislative districts.

(f) For purposes of elections, the provisions of this subtitle shall be applicable to elections for members of the General Assembly beginning with the primary and general elections of 2022 and, for purposes of representation, shall be applicable beginning with the second Wednesday of January 2023.
Md. Code, Courts and Judicial Proceedings § 2-333 — MD Code / Article gcj / Title 2 / Subtitle 3 / Section 2-333
§2–333.
Status: in_force

(a) This section applies only in Somerset County.

(b) (1) The Sheriff of Somerset County shall receive an annual salary of not less than $105,000.

(2) The Sheriff may not receive an expense allowance.

(c) (1) The Sheriff shall appoint a chief deputy who shall receive an annual salary of not less than $7,500.

(2) Subject to the approval of the County Commissioners of Somerset County, the Sheriff may appoint additional deputies at the compensation set by the County Commissioners prior to any appointment.

(3) Deputy sheriffs serve under the direction of the Sheriff.

(4) Deputy sheriffs are required, within 1 year after their appointment, to complete successfully the course that the Maryland Police Training and Standards Commission prescribes for police officers.

(5) (i) Except as provided in subparagraph (ii) of this paragraph, a deputy sheriff whose position is funded by the County Commissioners:

1. Becomes a merit system employee of the Office of Sheriff of Somerset County on completion of the deputy sheriff’s initial probation period; and

2. May not be dismissed without cause.

(ii) A deputy sheriff whose position is funded through a grant or other source may be dismissed without cause after the funding source is depleted.

(6) (i) The County Commissioners may appoint a jail warden as the county jailer.

(ii) Prior to the appointment of any individual, the County Commissioners shall establish an annual rate of compensation for the county jailer.

(d) The Sheriff and deputy sheriffs may wear uniforms when performing their official duties.

(e) The automobiles used by the Sheriff’s Office shall be equipped with a two–way radio.

(f) The County Commissioners may pay for the uniforms, radios, automobiles, and operating expenses of the automobiles of the Sheriff’s Office.

(g) The County Commissioners may include in the merit system of the county the employees of the Sheriff’s Office.
Md. Code, Public Safety § 2-502 — MD Code / Article gps / Title 2 / Subtitle 5 / Section 2-502
§2–502.
Status: in_force

(a) There is a statewide DNA database system in the Crime Laboratory.

(b) The statewide DNA database system is the central repository for all DNA testing information as provided in this subtitle.

(c) The Director shall:

(1) administer and manage the statewide DNA database system;

(2) consult with the Secretary on the adoption of appropriate regulations for protocols and operations of the statewide DNA database system;

(3) ensure compatibility with Federal Bureau of Investigation and CODIS requirements, including the use of comparable test procedures, quality assurance, laboratory equipment, and computer software;

(4) ensure the security and confidentiality of all records in the statewide DNA database system; and

(5) provide for a liaison with the Federal Bureau of Investigation and other criminal justice agencies related to the State’s participation in CODIS or in any DNA database designated by the Department.

(d) The Crime Laboratory shall:

(1) receive DNA samples for analysis, classification, storage, and disposal;

(2) file the DNA record of identification characteristic profiles of DNA samples submitted to the Crime Laboratory; and

(3) make information that relates to DNA samples and DNA records available to other agencies and individuals as authorized by this subtitle.

(e) The Director may contract with a qualified DNA laboratory to complete DNA typing analyses if the laboratory meets the guidelines established by the Director.

(f) Subject to § 2–511 of this subtitle, records of testing shall be permanently retained on file at the Crime Laboratory.
Md. Code, Alcoholic Beverages and Cannabis § 2-404 — MD Code / Article gab / Title 2 / Subtitle 4 / Section 2-404
§2–404.
Status: reserved

(a) In this section, “light wine” means wine that contains not more than 15.5% of alcohol by volume.

(b) There is a Class F (railroad) beer and light wine license issued by the Executive Director.

(c) The license is valid throughout the State.

(d) The license authorizes the owner or operator of a steam, diesel, or electric railroad in the State or a car on a line of the railroad that is a club, parlor, buffet, observation, sleeping, or dining car to sell beer and light wine in those cars, for consumption in those cars.

(e) The annual license fee is $60.

(f) (1) Other provisions of this article may not be construed as applying to or affecting the sale of alcoholic beverages under a Class F beer and light wine license.

(2) This section may not be considered repealed by a local or general law unless the law expressly refers to and repeals this section.
Md. Code, Environment § 2-1302 — MD Code / Article gen / Title 2 / Subtitle 13 / Section 2-1302
§2–1302.
Status: in_force

(a) The Commission’s membership shall consist of the following members:

(1) One member of the House of Delegates, appointed by the Speaker of the House;

(2) One member of the Senate, appointed by the President of the Senate;

(3) The Comptroller, or the Comptroller’s designee;

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

(5) The Secretary of Agriculture, or the Secretary’s designee;

(6) The Secretary of Natural Resources, or the Secretary’s designee;

(7) The Secretary of Planning, or the Secretary’s designee;

(8) The State Superintendent of Schools, or the State Superintendent’s designee;

(9) The Secretary of Transportation, or the Secretary’s designee;

(10) The Secretary of General Services, or the Secretary’s designee;

(11) The Secretary of Emergency Management, or the Secretary’s designee;

(12) The Director of the Maryland Energy Administration, or the Director’s designee;

(13) The People’s Counsel, or the People’s Counsel’s designee;

(14) The President of the University of Maryland Center for Environmental Science, or the President’s designee;

(15) The Chair of the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, or the Chair’s designee;

(16) The Chair of the Public Service Commission, or the Chair’s designee;

(17) One member appointed by the Farm Bureau representing the agriculture community;

(18) One member appointed by the Maryland Association of Counties and one member appointed by the Maryland Municipal League to represent local governments;

(19) One member appointed by the President of the Senate and one member appointed by the Speaker of the House of Delegates to represent the business community;

(20) One member appointed by the President of the Senate and one member appointed by the Speaker of the House of Delegates to represent environmental nonprofit organizations;

(21) One member appointed by the President of the Senate and one member appointed by the Speaker of the House to represent organized labor, one of whom shall represent the building or construction trades and one of whom shall represent the manufacturing industry;

(22) One member appointed by the President of the Senate and one member appointed by the Speaker of the House to represent philanthropic organizations;

(23) One climate change expert appointed by the Governor representing a university located in Maryland; and

(24) One public health expert appointed by the Governor representing a university located in Maryland.

(b) The Secretary of the Environment or the Secretary’s designee shall chair the Commission.

(c) (1) Subject to paragraph (2) of this subsection, the term of an appointed member is 2 years.

(2) The Governor, President of the Senate, and Speaker of the House of Delegates shall stagger the terms of the initial appointed members.

(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 remainder of that term and until a successor is appointed and qualifies.

(5) The Governor may remove an appointed member for incompetence, misconduct, or failure to perform the duties of the position.

(d) A member of the Commission may not receive compensation, but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, State Personnel and Pensions § 2-406 — MD Code / Article gsp / Title 2 / Subtitle 4 / Section 2-406
§2–406.
Status: in_force

(a) Each appointing authority shall provide each employee, at the time of hiring, notice of:

(1) the employee’s rate of pay;

(2) the regular pay periods; and

(3) the employee’s leave benefits.

(b) The Central Payroll Bureau of the Office of the State Comptroller shall provide for each employee, for each pay period, a statement of the gross earnings of the employee and any deductions from the gross earnings.
Md. Code, Tax - General § 2-105 — MD Code / Article gtg / Title 2 / Subtitle 1 / Section 2-105
§2–105.
Status: in_force

(a) The Comptroller shall design the license form required for:

(1) the motor fuel tax laws; and

(2) the sales and use tax laws.

(b) The Comptroller:

(1) shall determine:

(i) the design of tax stamps or certificates required for the alcoholic beverage tax and for the tobacco tax; and

(ii) the form of any other evidence of tax payment; and

(2) may adopt any other method or device that the Comptroller considers necessary to:

(i) prevent fraud or evasion of the alcoholic beverage tax; or

(ii) comply with any restrictions that the federal government imposes on alcoholic beverages during a war or an emergency.

(c) In cooperation with the Executive Director, the Comptroller:

(1) shall provide tax stamps or certificates to indicate that the alcoholic beverage tax or tobacco tax has been paid; and

(2) may adopt reasonable regulations to prevent abuse but ensure the adequate availability of tax stamps and certificates, including regulations that:

(i) limit excessive disbursement of tax stamps and certificates; and

(ii) require proof of need for tax stamps and certificates.
Md. Code, Criminal Procedure § 2-107 — MD Code / Article gcp / Title 2 / Subtitle 1 / Section 2-107
§2–107.
Status: in_force

(a) (1) Before a law enforcement officer may charge with a crime a person who is found by the law enforcement officer in a semiconscious or unconscious condition, the law enforcement officer shall make a diligent effort to determine whether the person:

(i) suffers from epilepsy, diabetes, a cardiac condition, or another type of illness that causes semiconsciousness or unconsciousness; and

(ii) is carrying the identification bracelet, tag, or card described in subsection (b) of this section.

(2) If the law enforcement officer determines that the person suffers from an illness that causes semiconsciousness or unconsciousness, and the person is carrying the identification bracelet, tag, or card described in subsection (b) of this section, the law enforcement officer shall:

(i) notify the person’s physician immediately; or

(ii) have the person immediately transported to:

1. a physician; or

2. a facility where the services of a physician are available.

(b) A person who suffers from epilepsy, diabetes, a cardiac condition, or other type of illness that causes temporary blackouts, semiconscious periods, or complete unconsciousness may wear an identification bracelet or metal tag or carry an identification card that is engraved, stamped, or imprinted with the person’s name, type of illness, physician’s name, and required medication.

(c) (1) A person may not willfully and knowingly falsify identification described in subsection (b) of this section.

(2) A person may not deliberately misrepresent an illness that causes blackouts, semiconsciousness, or unconsciousness as described in subsection (b) of this section.

(3) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
Md. Code, Commercial Law § 2A-524 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-524
§2A–524.
Status: in_force

(1) A lessor aggrieved under § 2A-523 may:

(a) Identify to the lease contract conforming goods not already identified if at the time the lessor learned of the default they were in the lessor’s or the supplier’s possession or control; and

(b) Dispose of goods (§ 2A-527(1)) that demonstrably have been intended for the particular lease contract even though those goods are unfinished.

(2) If the goods are unfinished, in the exercise of reasonable commercial judgment for the purpose of avoiding loss and of effective realization, an aggrieved lessor or the supplier may either complete manufacture and wholly identify the goods to the lease contract or cease manufacture and lease, sell, or otherwise dispose of the goods for scrap or salvage value or proceed in any other reasonable manner.
Md. Code, Transportation § 2-802 — MD Code / Article gtr / Title 2 / Subtitle 8 / Section 2-802
§2–802.
Status: in_force

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

(2) “Bus rapid transit system” means a bus line that operates on at least some portion of roadway dedicated to buses and offers off–board fare collection or another form of high efficiency fare collection if a fare is charged.

(3) “Eligible grantee” means a county or municipal corporation that has:

(i) A bus rapid transit system that operates in the county or municipal corporation; and

(ii) No ongoing or completed facility, as that term is defined in § 10–601(s)(1), (4), (9), (10), or (11) of the Economic Development Article.

(b) (1) Subject to paragraph (2) of this subsection, when a deposit or payment is made in accordance with § 9–120(b)(1)(xi) of the State Government Article into the Bus Rapid Transit Fund established under § 2–802.1 of this subtitle, and there is only one eligible grantee, then the Department shall award a grant to the eligible grantee equal to the amount distributed to the Department under § 9–120(b)(1)(xi) of the State Government Article.

(2) (i) If there are two eligible grantees, and one eligible grantee is Montgomery County, the Department shall distribute $25,000,000 to Montgomery County and the remaining amount of the deposit or payment under § 9–120(b)(1)(xi) of the State Government Article to the remaining eligible grantee.

(ii) If more than three counties or municipal corporations are eligible grantees, and one eligible grantee is Montgomery County, then the Department shall distribute:

1. Not less than $20,000,000 to Montgomery County if Montgomery County remains an eligible county; and

2. The total remaining amount of the deposit or payment under § 9–120(b)(1)(xi) of the State Government Article to the remaining eligible grantees based on each eligible grantee’s pro rata share of the statewide population.

(iii) If Montgomery County is not an eligible grantee, and more than one county or municipal corporation are eligible grantees, then the Department shall distribute the total amount of the deposit payment under § 9–120(b)(1)(xi) of the State Government Article to the eligible grantees based on each eligible grantee’s pro rata share of the statewide population.

(3) (i) Eligible grantees receiving funds in accordance with this subsection and § 2–802.1 of this subtitle may use the grant funds for the:

1. Financing and refinancing of the costs related to the construction, acquisition, improvement, equipping, rehabilitation, and expansion of bus rapid transit system projects;

2. Payment of debt service on bonds issued to finance bus rapid transit system projects;

3. Payment of all reasonable expenses and charges related to bond issuance and borrowing; and

4. Payment of costs relating to the management and operation of bus rapid transit system projects.

(ii) If an eligible grantee uses funds under this section for the payment of debt service on bonds issued to finance bus rapid transit system projects, the eligible grantee shall issue bonds in accordance with an ordinance or resolution which may specify all matters relating to the advertisement, sale, issuance, delivery, and payment of the bonds, including:

1. The forms, dates, and denominations of the bonds;

2. The principal maturities;

3. The methods to be used in determining interest payable on the bonds; and

4. Any provisions for registration, redemption before stated maturity, or the use of facsimile signatures or seals.

(c) The Department:

(1) Shall distribute grants under this section to eligible grantees in a timely manner; and

(2) May not impose any additional conditions on an eligible grantee on receipt of a grant under this section.
Md. Code, Tax - Property § 2-222 — MD Code / Article gtp / Title 2 / Subtitle 2 / Section 2-222
§2–222.
Status: in_force

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

(2) “Base year” means the taxable year immediately before the taxable year in which property first becomes qualified property under this section.

(3) (i) “Base year value” means the value of the property used to determine the assessment on which the property tax on real property was imposed for the base year.

(ii) “Base year value” does not include any new real property that was first assessed in the base year.

(4) “BRAC Revitalization and Incentive Zone” has the meaning stated in § 5–1301 of the Economic Development Article.

(5) “BRAC Revitalization and Incentive Zone Tax Rate” means the property tax rate of the political subdivision where a BRAC Revitalization and Incentive Zone is located for the taxable year when the Secretary of Commerce first designates the area as a BRAC Revitalization and Incentive Zone.

(6) “Eligible assessment” means the difference between the base year value and the actual value as determined by the Department for the applicable taxable year.

(7) “Property tax increment” means the property tax attributable to the eligible assessment of qualified property.

(8) “Qualified property” means real property that is:

(i) located in a BRAC Revitalization and Incentive Zone that is designated under Title 5, Subtitle 13 of the Economic Development Article; and

(ii) in one of the categories of commercial or residential property that the Department of Commerce has determined, in consultation with the Base Realignment and Closure Subcabinet and as provided in regulations adopted by the Department of Commerce, enhance the economic development of the BRAC Revitalization and Incentive Zone.

(9) “Tax increment financing bonds” means bonds issued:

(i) by a county or municipal corporation under Title 12, Subtitle 2 of the Economic Development Article; or

(ii) by Baltimore City under Article II, § 62 of the Charter of Baltimore City.

(b) (1) The amounts received by a political subdivision under this section may be used only for the purposes provided in § 5–1306 of the Economic Development Article.

(2) Subject to subsections (c) and (f) of this section, for each fiscal year for a period of 10 consecutive fiscal years beginning in fiscal 2010, the State shall provide to each political subdivision in which a BRAC Revitalization and Incentive Zone has been established an amount equal to:

(i) the State property tax increment on the qualified properties in the BRAC Revitalization and Incentive Zone; and

(ii) one–half of the political subdivision’s property tax increment on qualified properties, determined using the BRAC Revitalization and Incentive Zone Tax Rate for the political subdivision.

(c) (1) The total amount paid to all political subdivisions for any fiscal year under this section may not exceed the lesser of:

(i) the amount appropriated for the purpose of this section for that fiscal year in the State budget as approved by the General Assembly; or

(ii) $5,000,000.

(2) If the total amount to be paid to all political subdivisions as determined under subsection (b)(2) of this section without regard to the limitation under paragraph (1) of this subsection exceeds the limitation under paragraph (1) of this subsection, each political subdivision shall receive an amount equal to the product of multiplying the amount determined for that political subdivision under subsection (b)(2) of this section times a fraction:

(i) the numerator of which is the limitation under paragraph (1) of this subsection; and

(ii) the denominator of which is the total amount to be paid to all subdivisions as determined under subsection (b)(2) of this section without regard to the limitation under paragraph (1) of this subsection.

(d) (1) After a BRAC Revitalization and Incentive Zone is designated by the Secretary of Commerce, on or before February 1 of each year, the appropriate governing body shall certify to the Department:

(i) any real property in the BRAC Revitalization and Incentive Zone that is qualified property for the next taxable year; and

(ii) the date that the real property became qualified property.

(2) (i) On or before March 1 of each year, the Department shall calculate the amount determined for each political subdivision under subsection (b)(2) of this section for the next fiscal year.

(ii) The Comptroller shall pay the amounts due the political subdivisions under this section quarterly.

(e) Any amount provided under this section does not limit or otherwise affect any authority of a political subdivision under any other provision of law to pledge any other assets or revenues towards the repayment of tax increment financing bonds.

(f) (1) This subsection applies only to a political subdivision that is authorized under § 7–211.3 of this article to enter into a payment in lieu of tax agreement with a private developer of federal enclave property.

(2) The State may not provide amounts under this section to a political subdivision until, in the judgment of the Secretary of Commerce, the local jurisdiction has entered into good–faith negotiations for a payment in lieu of tax agreement with all private developers of federal enclave property.

(g) The Department and the Department of Commerce jointly shall adopt regulations to carry out the provisions of this section and to specify criteria and procedures for application, approval, and monitoring the eligibility for the amounts under this section.
Md. Code, Commercial Law § 2-316 — MD Code / Article gcl / Title 2 / Subtitle 3 / Section 2-316
§2–316.
Status: in_force

(1) Words or conduct relevant to the creation of an express warranty and words or conduct tending to negate or limit warranty shall be construed wherever reasonable as consistent with each other; but subject to the provisions of this title on parol or extrinsic evidence (§ 2-202) negation or limitation is inoperative to the extent that such construction is unreasonable.

(2) Subject to subsection (3), to exclude or modify the implied warranty of merchantability or any part of it the language must mention merchantability and in case of a writing must be conspicuous, and to exclude or modify any implied warranty of fitness the exclusion must be by a writing and conspicuous. Language to exclude all implied warranties of fitness is sufficient if it states, for example, that “There are no warranties which extend beyond the description on the face hereof.”

(3) Notwithstanding subsection (2)

(a) Unless the circumstances indicate otherwise, all implied warranties are excluded by expressions like “as is,” “with all faults” or other language which in common understanding calls the buyer’s attention to the exclusion of warranties and makes plain that there is no implied warranty; and

(b) When the buyer before entering into the contract has examined the goods or the sample or model as fully as he desired or has refused to examine the goods there is no implied warranty with regard to defects which an examination ought in the circumstances to have revealed to him; and

(c) An implied warranty can also be excluded or modified by course of dealing or course of performance or usage of trade.

(4) Remedies for breach of warranty can be limited in accordance with the provisions of this title on liquidation or limitation of damages and on contractual modification of remedy (§§ 2-718 and 2-719).
Md. Code, Health Occupations § 2-3B-02 — MD Code / Article gho / Title 2 / Subtitle 3B / Section 2-3B-02
§2–3B–02.
Status: in_force

(a) To qualify for a license to assist in the practice of audiology, an applicant must be an individual who meets the requirements of this section.

(b) The applicant must:

(1) Be of good moral character;

(2) Hold a high school diploma or equivalent degree;

(3) Demonstrate oral competency;

(4) Submit to a criminal history records check in accordance with § 2–303.1 of this title;

(5) Submit an application to the Board on the form that the Board requires; and

(6) Pay to the Board the application fee set by the Board.

(c) The Board may waive any of the requirements under this section as provided for in regulations adopted by the Board.
Md. Code, Criminal Procedure § 2-202 — MD Code / Article gcp / Title 2 / Subtitle 2 / Section 2-202
§2–202.
Status: in_force

(a) A police officer may arrest without a warrant a person who commits or attempts to commit a felony or misdemeanor in the presence or within the view of the police officer.

(b) A police officer who has probable cause to believe that a felony or misdemeanor is being committed in the presence or within the view of the police officer may arrest without a warrant any person whom the police officer reasonably believes to have committed the crime.

(c) A police officer without a warrant may arrest a person if the police officer has probable cause to believe that a felony has been committed or attempted and the person has committed or attempted to commit the felony whether or not in the presence or within the view of the police officer.
Md. Code, Estates and Trusts § 2-301 — MD Code / Article get / Title 2 / Subtitle 3 / Section 2-301
§2–301.
Status: in_force

(a) (1) The register may appoint a reasonable number of standing appraisers to serve at the register’s pleasure.

(2) Subject to the approval of the Comptroller, the register may fix the conditions of their employment and their remuneration.

(b) (1) If a register exercises the register’s authority to appoint standing appraisers, all property required to be independently appraised but not appraised by special appraisers under § 7–202(e) of this article shall be appraised by standing appraisers.

(2) If a register does not appoint standing appraisers, the register shall, with respect to any estate which contains property required to be independently appraised but not appraised by special appraisers, appoint general appraisers as provided in § 2–302 of this subtitle.

(c) An appraisal fee is payable only to a person making an appraisal requested by the personal representative, and is always subject to review by the court.
Md. Code, Alcoholic Beverages and Cannabis § 2-137 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-137
§2–137.
Status: in_force

(a) (1) In this section, “charitable organization” means an organization that:

(i) is a benevolent, educational, philanthropic, humane, patriotic, religious, or eleemosynary organization that solicits or obtains contributions solicited from the public for charitable or benevolent purposes; and

(ii) is registered with the Secretary of State in accordance with Title 6, Subtitle 4 of the Business Regulation Article.

(2) “Charitable organization” includes an office, a branch, a chapter, or a similar affiliated entity that has its principal place of business outside the State.

(3) “Charitable organization” does not include:

(i) a political party, political committee, or political club;

(ii) a unit of the State government or a political subdivision of the State;

(iii) a fraternal organization;

(iv) a fire company;

(v) a rescue or ambulance squad; or

(vi) a police force or other law enforcement organization.

(b) There is a charity wine auction permit.

(c) The Executive Director may issue the permit to a charitable organization.

(d) The permit authorizes the holder to sell wine at public or private auction to a consumer through the solicitation and acceptance of bids.

(e) The permit is valid for 1 day.

(f) The permit may be granted for:

(1) an unlicensed premises; or

(2) a Class B, Class C, or Class B–D–7 licensed premises.

(g) (1) A charitable organization may be issued not more than one permit during a calendar year.

(2) A permit allows the holder to conduct one auction of wine during a calendar year.

(h) (1) Subject to paragraph (2) of this subsection, the permit holder may receive wine for the auction from:

(i) a holder of a wholesaler’s license;

(ii) a Class 3 or Class 4 winery;

(iii) a retail dealer;

(iv) an individual residing in the State; or

(v) a business entity in the State that is not licensed under this article.

(2) The permit holder may receive commercially produced wine that is not authorized for distribution and sale in the State from:

(i) a nonresident individual; or

(ii) a business entity that is located outside the State.

(i) (1) Wine that the permit holder receives from the following sources is subject to State tax under § 5–102 of the Tax – General Article:

(i) a holder of a wholesaler’s license;

(ii) a Class 3 winery;

(iii) a Class 4 winery; and

(iv) any source outside the State.

(2) Taxes are presumed to have been paid on wine that the permit holder receives from the following sources:

(i) a retail dealer;

(ii) an individual residing in the State; and

(iii) a business entity in the State that is not licensed under this article.

(j) (1) Within 30 days after the auction ends, the permit holder shall:

(i) file a report with the Comptroller; and

(ii) pay all taxes due on wine received for the auction.

(2) The report shall:

(i) include the total number of gallons and each source of wine that was received for the auction; and

(ii) be filed on the form that the Comptroller provides.

(k) The Comptroller may require that the permit holder prepay on or before the seventh day before the auction an amount sufficient to cover the anticipated wine tax due.

(l) (1) Wine purchased at a charity wine auction shall be delivered to the purchaser:

(i) at the event; or

(ii) from a licensed warehouse, licensed retail dealer’s premises, or other premises that the Executive Director approves.

(2) Wine delivered under this subsection is subject to applicable sales taxes.

(m) Notwithstanding any other provision of this article, a person authorized to sell wine at retail may purchase wine offered at a charity wine auction in an amount not to exceed 5 gallons (18 liters) and resell the wine in accordance with the terms of the person’s license.

(n) The permit fee is $10.
Md. Code, Health - General § 2-302 — MD Code / Article ghg / Title 2 / Subtitle 3 / Section 2-302
§2–302.
Status: in_force

(a) The funding required in the State budget for local health services, exclusive of special fund and federal appropriations, shall be at least the amount set forth in subsection (b) of this section.

(b) The funding shall be:

(1) For fiscal years 2019, 2020, 2021, 2022, 2023, and 2024, the amount of funding provided through the formula for the preceding fiscal year adjusted for:

(i) Inflation, as measured by the Consumer Price Index (All Urban Consumers), on June 30 of the second preceding fiscal year, calculated by the Bureau of Labor Statistics of the U.S. Department of Labor; and

(ii) Population growth, as measured by the growth in the total population of the State on June 30 of the second preceding fiscal year, according to the most recent statistics available through the U.S. Department of Commerce;

(2) For fiscal year 2025, $70,000,000, to be distributed to each municipality or subdivision in the same proportion as the fiscal year 2024 funding distributed to each municipality or subdivision;

(3) For fiscal year 2026, $80,000,000, to be distributed to each municipality or subdivision in the same proportion as the fiscal year 2025 funding distributed to each municipality or subdivision; and

(4) For fiscal year 2027 and each subsequent fiscal year, the greater of:

(i) The funding provided by the formula for the immediately preceding fiscal year; or

(ii) The actual funds appropriated for the immediately preceding fiscal year, adjusted for:

1. Inflation, as measured by the Consumer Price Index (All Urban Consumers), on June 30 of the second immediately preceding fiscal year, calculated by the Bureau of Labor Statistics of the U.S. Department of Labor; and

2. Population growth, as measured by the growth in the total population of the State on June 30 of the second immediately preceding fiscal year, according to the most recent statistics available through the U.S. Department of Commerce.

(c) For fiscal year 2027 and each subsequent fiscal year, no subdivision may receive less State funding for local health services under this section than that subdivision received in fiscal year 2026.

(d) The Secretary shall, in consultation with local health department directors, adopt regulations to guide the distribution of the funding required under this section. The regulations shall give consideration to appropriate measures of community health need, local funding effort, and other relevant factors.
Md. Code, Corporations and Associations § 2-507 — MD Code / Article gca / Title 2 / Subtitle 5 / Section 2-507
§2–507.
Status: in_force

(a) Unless the charter provides for a greater or lesser number of votes per share or limits or denies voting rights, each outstanding share of stock, regardless of class, is entitled to one vote on each matter submitted to a vote at a meeting of stockholders. However, a share is not entitled to be voted if any installment payable on it is overdue and unpaid.

(b) (1) A stockholder may vote the stock the stockholder owns of record either:

(i) In person; or

(ii) By proxy as provided in subsection (c) of this section.

(2) Unless a proxy provides otherwise, it is not valid more than 11 months after its date.

(3) Unless otherwise agreed in writing, the holder of record of stock which actually belongs to another shall issue a proxy to vote the stock to the actual owner on the owner’s demand.

(c) (1) A stockholder may authorize another person to act as proxy for the stockholder as provided in this subsection.

(2) (i) A stockholder may sign a writing authorizing another person to act as proxy.

(ii) Signing may be accomplished by the stockholder or the stockholder’s authorized agent signing the writing or causing the stockholder’s signature to be affixed to the writing by any reasonable means, including facsimile signature.

(3) (i) Subject to subparagraph (ii) of this paragraph, a stockholder may authorize another person to act as proxy by transmitting, or authorizing the transmission of, an authorization for the person to act as proxy to:

1. The person authorized to act as proxy; or

2. Any other person authorized to receive the proxy authorization on behalf of the person authorized to act as the proxy, including a proxy solicitation firm or proxy support service organization.

(ii) The authorization may be transmitted by a telegram, cablegram, datagram, electronic mail, or any other electronic or telephonic means.

(4) A copy, facsimile telecommunication, or other reliable reproduction of the writing or transmission authorized under paragraphs (2) and (3) of this subsection may be substituted for the original writing or transmission for any purpose for which the original writing or transmission could be used.

(d) (1) A proxy is revocable by a stockholder at any time without condition or qualification unless:

(i) The proxy states that it is irrevocable; and

(ii) The proxy is coupled with an interest.

(2) A proxy may be made irrevocable for as long as it is coupled with an interest.

(3) The interest with which a proxy may be coupled includes an interest in the stock to be voted under the proxy, an interest as a party to a voting agreement created in accordance with § 2–510.1 of this subtitle, or another general interest in the corporation or its assets or liabilities.
Md. Code, Health Occupations § 2-314.9 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-314.9
§2–314.
Status: in_force

§2–314.9.

(a) If after a hearing under § 2–315 of this subtitle, the Board finds that there are grounds under § 2–314 of this subtitle to suspend or revoke a license or to reprimand a licensee or place a licensee on probation, the Board may impose a penalty not exceeding $5,000 in addition to suspending or revoking the license, reprimanding the licensee, or placing the licensee on probation.

(b) The Board shall adopt regulations to set standards for the imposition of penalties under this section.

(c) The Board shall pay any penalty collected under this section into the General Fund of the State.
Md. Code, State Government § 2-1008 — MD Code / Article gsg / Title 2 / Subtitle 10 / Section 2-1008
§2–1008.
Status: in_force

On or before June 1 of each year, the Department of Legislative Services shall report, subject to § 2-1257 of this title, to the Legislative Policy Committee the extent to which the State budget as enacted by the General Assembly conformed to the recommendations of the Spending Affordability Committee.
Md. Code, Transportation § 2-203 — MD Code / Article gtr / Title 2 / Subtitle 2 / Section 2-203
§2–203.
Status: reserved

(a) The Commission consists of the following 17 members:

(1) As ex officio members, the seven regional members of the State Roads Commission; and

(2) Ten members appointed by the Governor with the advice of the Secretary.

(b) An appointed member may not be an officer or employee of the Department. Each appointed member shall be a resident of this State and have interest and, preferably, experience in at least one of the fields under the jurisdiction of the Department.

(c) (1) Each appointed member serves for a term of 3 years and until his successor is appointed and qualifies. The terms of appointed members shall be staggered as required by the original appointments to the Commission, three of which were made for a 3-year term, four of which were made for a 2-year term, and three of which were made for a 1-year term.

(2) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term.
Md. Code, Agriculture § 2-708.1 — MD Code / Article gag / Title 2 / Subtitle 7 / Section 2-708.1
§2–708.
Status: in_force

§2–708.1.

The Board shall:

(1) Carry out the licensing, inspection, and enforcement provisions of this subtitle;

(2) Advise the Department regarding matters affecting the horse industry in the State;

(3) Support research related to equine health and related issues;

(4) Promote the development and use of horses in the State;

(5) Create public awareness of the value of equine activities as they relate to the preservation of green space and agricultural land; and

(6) Develop and disseminate information concerning the equine industry, including the history and tradition of breeding and the role of horses in recreational activities.
Md. Code, Tax - Property § 2-205 — MD Code / Article gtp / Title 2 / Subtitle 2 / Section 2-205
§2–205.
Status: in_force

(a) In this section, “taxing authority” means:

(1) the county council or board of county commissioners of a county;

(2) the City Council of Baltimore City; and

(3) the governing body of a municipal corporation.

(b) (1) On or before February 14 of each year, the Department shall send each taxing authority:

(i) an estimate of the total assessment of all real property in the county or municipal corporation for the next taxable year;

(ii) if requested by a taxing authority in accordance with subsection (c)(1) of this section, the constant yield tax rate; and

(iii) an estimate of the total assessment:

1. of all new construction and improvements in the county or municipal corporation not assessed since the last date of finality; and

2. of all real property in the county or municipal corporation that may be deleted from the assessment records.

(2) The Department shall notify each taxing authority of any change in the estimated assessment of all real property in the county or the municipal corporation that results from actions of a property tax assessment appeal board or the Maryland Tax Court.

(c) (1) A taxing authority may, on or before February 1 each year, request that the Department calculate and notify the taxing authority of the constant yield tax rate that will provide the same property tax revenue that is provided by the real property tax rate that is in effect for the current taxable year.

(2) In calculating a constant yield tax rate for a taxable year, the Department shall use an estimate of the total assessment of all real property for the next taxable year exclusive of real property that appears for the 1st time on the assessment records.

(3) (i) The Department may amend a constant yield tax rate only as provided in this paragraph.

(ii) On or before April 15 each year, the Department may amend a constant yield tax rate when a county or municipal corporation alters the homestead tax credit percentage under § 9–105 of this article.

(iii) On or before May 15 each year, the Department may amend a constant yield tax rate:

1. when directed to make a change by an enactment of the General Assembly;

2. to correct an error in the calculation of the constant yield tax rate; or

3. to reflect a significant loss of taxable base, as determined by the Director.
Md. Code, Public Safety § 2-309 — MD Code / Article gps / Title 2 / Subtitle 3 / Section 2-309
§2–309.
Status: in_force

In any report issued under § 2-308 of this subtitle, the Department may include recommendations to the Governor, the Secretary of Public Safety and Correctional Services, and, subject to § 2-1257 of the State Government Article, the General Assembly for legislation that the report indicates is necessary or desirable to promote traffic safety or reduce crime or otherwise to ensure proper law enforcement.
Md. Code, Courts and Judicial Proceedings § 2-506 — MD Code / Article gcj / Title 2 / Subtitle 5 / Section 2-506
§2–506.
Status: in_force

The minimum hours of work in each week for full-time deputies and employees of the offices of clerks of the circuit courts are 35 1/2 hours.
Md. Code, Alcoholic Beverages and Cannabis § 2-101 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

This part applies statewide and to each permit issued under this subtitle.
Md. Code, Tax - Property § 2-102 — MD Code / Article gtp / Title 2 / Subtitle 1 / Section 2-102
§2–102.
Status: in_force

(a) The head of the Department is the Director of Assessments and Taxation, who shall be appointed by the Governor.

(b) The Director shall be an individual who has executive ability and who is trained and experienced in the tax field.

(c) Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution.
Md. Code, Business Regulation § 2-106.8 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-106.8
§2–106.
Status: in_force

§2–106.8.

(a) In this section, “Commission” means the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors.

(b) In consultation with the Commission, the Secretary shall calculate annually the direct and indirect costs attributable to the Commission.

(c) Beginning on July 1, 2011, the Commission shall establish fees based on the calculations provided by the Secretary under this section.

(d) Each fee established by the Commission may not be increased annually by more than 12.5% of the existing and corresponding fee of the Commission.

(e) The fees established for each profession regulated under Title 16 of the Business Occupations and Professions Article shall be set so as to produce funds to approximate the cost of regulating each profession.
Md. Code, Courts and Judicial Proceedings § 2-5A-03 — MD Code / Article gcj / Title 2 / Subtitle 5A / Section 2-5A-03
§2–5A–03.
Status: in_force

(a) There shall be a judicial personnel committee, with duties and powers as set forth in this subtitle.

(b) The judicial personnel committee consists of three members, as follows:

(1) The State Court Administrator;

(2) The administrative judge of the Circuit Court for Baltimore City; and

(3) The clerk of the Circuit Court for Baltimore City.
Md. Code, Health Occupations § 2-318 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-318
§2–318.
Status: in_force

(a) In this section, “rehabilitation committee” means a committee that:

(1) Is defined in subsection (b) of this section; and

(2) Performs any of the functions listed in subsection (d) of this section.

(b) For purposes of this section, a rehabilitation committee is a committee of the Board or a committee of a professional association approved by the Board that:

(1) Is recognized by the Board; and

(2) Includes but is not limited to audiologists, hearing aid dispensers, speech–language pathologists, and speech–language pathology assistants.

(c) A rehabilitation committee of the Board or recognized by the Board may function:

(1) Solely for the Board; or

(2) Jointly with a rehabilitation committee representing another board or boards.

(d) For purposes of this section, a rehabilitation committee evaluates and provides assistance to any audiologist, hearing aid dispenser, speech–language pathologist, or speech–language pathology assistant, and any other individual regulated by the Board, in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.

(e) (1) Except as otherwise provided in this subsection, the proceedings, records, and files of the rehabilitation committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the rehabilitation committee.

(2) Paragraph (1) of this subsection does not apply to any record or document that is considered by the rehabilitation committee and that otherwise would be subject to discovery or introduction into evidence in a civil action.

(3) For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.

(f) A person who acts in good faith and within the scope of jurisdiction of the rehabilitation committee is not civilly liable for any action as a member of the rehabilitation committee or for giving information to, participating in, or contributing to the function of the rehabilitation committee.
Md. Code, Commercial Law § 2-206 — MD Code / Article gcl / Title 2 / Subtitle 2 / Section 2-206
§2–206.
Status: in_force

(1) Unless otherwise unambiguously indicated by the language or circumstances

(a) An offer to make a contract shall be construed as inviting acceptance in any manner and by any medium reasonable in the circumstances;

(b) An order or other offer to buy goods for prompt or current shipment shall be construed as inviting acceptance either by a prompt promise to ship or by the prompt or current shipment of conforming or nonconforming goods, but such a shipment of nonconforming goods does not constitute an acceptance if the seller seasonably notifies the buyer that the shipment is offered only as an accommodation to the buyer.

(2) Where the beginning of a requested performance is a reasonable mode of acceptance an offeror who is not notified of acceptance within a reasonable time may treat the offer as having lapsed before acceptance.
Md. Code, Insurance § 2-113 — MD Code / Article gin / Title 2 / Subtitle 1 / Section 2-113
§2–113.
Status: in_force

(a) Subject to the approval of the Treasurer, the Commissioner may provide by regulation for the payment of unpaid premium taxes or fees owed by an insurer in funds that are immediately available to the State on the date that the payment is due if the total of the unpaid premium taxes or fees is at least $20,000.

(b) Any regulations adopted under this section shall establish a suitable means for payment in immediately available funds to ensure the availability of those funds to the State on the date that payment is due.
Md. Code, Environment § 2-101 — MD Code / Article gen / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

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

(b) “Air pollution” means the presence in the outdoor atmosphere of any substance that is present in such quantities and is of such duration that it:

(1) May be predicted with reasonable certainty to be injurious to property or to human, plant, or animal life; or

(2) Unreasonably interferes with the proper enjoyment of the property of others because of the emission of odors, solids, vapors, liquids, or gases.

(c) “Council” means the Air Quality Control Advisory Council.

(d) “Emergency” means:

(1) A condition of such public gravity and urgency that it requires immediate response; or

(2) A condition that is predicted to a reasonable degree of certainty to require immediate action to carry out the provisions of this title.

(e) (1) “Emission standard” means a requirement that limits the quantity, quality, rate, or concentration of emissions from a source.

(2) “Emission standard” includes any requirement that relates to the operation or maintenance of a source to assure continuous emission reduction.

(f) “Person” includes any public or municipal corporation and any agency, bureau, department, or instrumentality of federal, State, or local government.

(g) “Political subdivision” means a county or municipal corporation of this State.

(h) “Regulated emissions” means the actual rate of emissions, in tons per year, of any registered pollutant emitted by a source, to be calculated using criteria consistent with 40 C.F.R. Part 70 (Operating Permit Program).

(i) “Source” means any person or property that contributes to air pollution.
Md. Code, Business Regulation § 2-106.11 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-106.11
§2–106.
Status: in_force

§2–106.11.

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

(2) “Commission” means the Maryland Home Improvement Commission.

(3) “Special Fund” means the Maryland Home Improvement Commission Special Fund.

(b) (1) There is a Maryland Home Improvement Commission Special Fund in the Department.

(2) The Special Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(c) The Special Fund consists of fees collected by the Commission and distributed to the Special Fund under Title 8 of this article.

(d) The Special Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Commission.

(e) The Secretary or a designee of the Secretary shall administer the Special Fund.

(f) The legislative auditor shall audit the accounts and transactions of the Special Fund as provided in § 2–1220 of the State Government Article.

(g) At the end of each fiscal year, any unspent and unencumbered portion of the Special Fund in excess of $100,000 shall revert to the General Fund of the State.

(h) Any investment earnings of the Special Fund shall be credited to the General Fund of the State.
Md. Code, State Government § 2-506 — MD Code / Article gsg / Title 2 / Subtitle 5 / Section 2-506
§2–506.
Status: in_force

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

(1) review proposed or adopted regulations of a unit of the Executive Branch of the State government;

(2) consider requests for emergency adoption of regulations;

(3) inquire into an alleged failure of an officer or employee of any branch of the State government to comply with the laws of the State; and

(4) review the operations of any unit of the Executive Branch of the State government.

(b) (1) At least once a year, the Committee shall submit a report to the Legislative Policy Committee and, subject to § 2–1257 of this title, to the General Assembly.

(2) The report shall:

(i) describe the studies and other work of the Committee; and

(ii) include any recommendations of the Committee on legislative action that is needed to change or reverse a regulation of a unit of the Executive Branch of the State government.

(c) The failure of the Committee to comment on or to object to a proposed or adopted regulation is not an indication that:

(1) the Committee approves the regulation;

(2) the statute under which the regulation is adopted authorizes the adoption; or

(3) the regulation conforms to the legislative intent of the statute.
Md. Code, Human Services § 2-101 — MD Code / Article ghu / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

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

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

(c) “Secretary” means the Secretary of Human Services.
Md. Code, Financial Institutions § 2-101 — MD Code / Article gfi / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

(a) There is a Commissioner of Financial Regulation in the Maryland Department of Labor.

(b) There is an Office of Financial Regulation under the Commissioner in the Maryland Department of Labor.

(c) The Commissioner is the head of the Office of Financial Regulation.
Md. Code, Public Utilities § 2-123 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-123
§2–123.
Status: in_force

(a) In accordance with this section, the Commission may charge reasonable and nondiscriminatory fees for the filing of documents with the Commission and for other services performed by the Commission.

(b) Actions for which the Commission may charge a fee include:

(1) an initial tariff or tariff change;

(2) a certificate of public convenience and necessity;

(3) an application to provide or abandon service;

(4) a preparation of any record in appeal;

(5) a certification of any document;

(6) an application or petition to increase or decrease rates;

(7) an annual report;

(8) a copy of papers, testimony, microfiche, records, and computer printouts; and

(9) any other filing or service for which the Commission reasonably determines that a fee is required.

(c) (1) In determining the amount of a fee to be charged for a filing or other service performed by the Commission, the Commission shall consider the estimated expense associated with the filing or other service.

(2) (i) The Commission shall waive a fee charged under this section for a filing by a unit of State government or for a service performed by the Commission for a unit of State government.

(ii) The Commission may waive a fee charged under this section if the Commission determines that the waiver is in the public interest.

(d) A document for which a filing fee is required may be received by the Commission at any time, but may not be considered filed until the filing fee has been paid.

(e) The Commission shall deposit all fees collected under this section in the Public Utility Regulation Fund.

(f) The Commission shall adopt regulations to set reasonable and nondiscriminatory fees for filing and other services performed by the Commission.
Md. Code, Health - General § 2-1002 — MD Code / Article ghg / Title 2 / Subtitle 10 / Section 2-1002
§2–1002.
Status: in_force

It is the policy of the State to:

(1) Provide affordable health care throughout the State to all regardless of race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability; and

(2) Prohibit discrimination with respect to the provision of health care by any person, in order to protect and ensure the peace, health, safety, prosperity, and general welfare of all.
Md. Code, Transportation § 2-802.1 — MD Code / Article gtr / Title 2 / Subtitle 8 / Section 2-802.1
§2–802.
Status: in_force

§2–802.1.

(a) In this section, “Fund” means the Bus Rapid Transit Fund.

(b) There is a Bus Rapid Transit Fund.

(c) The purpose of the Fund is to:

(1) Provide grants to eligible grantees, as defined under § 2–802 of this subtitle; and

(2) Make funding commitments for the issuance of bus rapid transit bonds.

(d) The Department shall administer the Fund.

(e) (1) The Fund is a special, nonlapsing fund that is not subject to § 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) The Fund consists of:

(1) Revenue distributed to the Fund under § 9–120(b)(1)(xi) of the State Government Article;

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

(3) Interest earnings or other income earned from the investment of any money from the Fund; and

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

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

(2) Any interest earnings of the Fund shall be credited to the Fund.
Md. Code, Agriculture § 2-716 — MD Code / Article gag / Title 2 / Subtitle 7 / Section 2-716
§2–716.
Status: in_force

(a) If, in accordance with § 10-615 of the Criminal Law Article, the Board considers it necessary to take possession of a horse to protect it from neglect or cruelty, the Board immediately shall notify the owner or custodian of this action.

(b) The owner or custodian of the horse may petition the Board for return of the horse within 5 days after possession was taken. If a timely petition is not filed with the Board, the horse shall be treated as an estray.

(c) (1) If the owner or custodian files a timely petition, the Board shall return the horse if the owner or custodian:

(i) Consents to providing proper attention to the horse, as specified by the Board; and

(ii) Pays all costs and expenses incurred in taking possession of and stabling the horse during possession.

(2) If the owner or custodian does not consent or pay all costs and expenses, the horse shall be treated as an estray.
Md. Code, Corporations and Associations § 2-407 — MD Code / Article gca / Title 2 / Subtitle 4 / Section 2-407
§2–407.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection and except for a corporation that has elected to become subject to § 3-804(c) of this article, the stockholders may elect a successor to fill a vacancy on the board of directors which results from the removal of a director.

(2) If the stockholders of any class or series are entitled separately to elect one or more directors, the stockholders of that class or series may elect a successor to fill a vacancy on the board of directors which results from the removal of a director elected by that class or series.

(b) (1) Except as provided in paragraph (2) of this subsection or unless the charter or the bylaws of the corporation provide otherwise:

(i) A majority of the remaining directors, whether or not sufficient to constitute a quorum, may fill a vacancy on the board of directors which results from any cause except an increase in the number of directors; and

(ii) A majority of the entire board of directors may fill a vacancy which results from an increase in the number of directors.

(2) If the stockholders of any class or series are entitled separately to elect one or more directors, a majority of the remaining directors elected by that class or series or the sole remaining director elected by that class or series may fill any vacancy among the number of directors elected by that class or series.

(c) (1) Unless the corporation has elected to be subject to § 3–804(c)(3) of this article, a director elected by the board of directors to fill a vacancy serves until the next annual meeting of stockholders and until his successor is elected and qualifies.

(2) A director elected by the stockholders to fill a vacancy which results from the removal of a director serves for the balance of the term of the removed director.
Md. Code, Business Regulation § 2-106.7 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-106.7
§2–106.
Status: in_force

§2–106.7.

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

(2) “Commission” means the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors.

(3) “Fund” means the State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors Fund.

(b) (1) There is a State Commission of Real Estate Appraisers, Appraisal Management Companies, and Home Inspectors 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.

(c) The Fund consists of fees collected by the Commission and distributed to the Fund under Title 16 of the Business Occupations and Professions Article.

(d) The Fund shall be used to cover the Commission’s actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Commission.

(e) The Secretary or a designee of the Secretary shall administer the Fund.

(f) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.

(g) 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.

(h) Any investment earnings of the Fund shall be credited to the General Fund.
Md. Code, Tax - Property § 2-207 — MD Code / Article gtp / Title 2 / Subtitle 2 / Section 2-207
§2–207.
Status: in_force

(a) In this section, “taxing official” means:

(1) as to the federal government:

(i) any official of the United States Treasury Department; or

(ii) any collector of federal taxes; and

(2) as to the government of any state, any state official who is responsible under the law of that state for:

(i) the assessment process;

(ii) the imposition of taxes; or

(iii) the collection of taxes.

(b) (1) Subject to subsection (c) of this section and notwithstanding any other provision of law, the Department may provide a tax official of another state or of the federal government with information that relates to:

(i) the assessment process;

(ii) the imposition of taxes;

(iii) the collection of taxes; or

(iv) any other tax matter.

(2) The information that the Department may provide under this section may be obtained from:

(i) any tax report or return that is filed under law; or

(ii) any tax audit or investigation.

(c) The Department may provide information under this section only if:

(1) the Department is satisfied that the information will be used for tax purposes only; and

(2) the federal or state government to which the information is to be released provides similar information to the tax officials of this State.
Md. Code, State Government § 2-1203 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1203
§2–1203.
Status: in_force

(a) The head of the Department is the Executive Director, who shall be appointed jointly by the President and the Speaker.

(b) The Executive Director:

(1) serves without a fixed term and may be removed by the Legislative Policy Committee on the recommendation of the President and the Speaker;

(2) is entitled to the salary provided in the State budget;

(3) shall devote full time to the duties of the Office; and

(4) shall serve in a nonpartisan capacity and ensure that the activities of the Department are conducted in a nonpartisan manner.

(c) Subject to the policies and directives of the President of the Senate and the Speaker of the House and the Legislative Policy Committee, the Executive Director has general administrative control of the operation of the Department and its units.
Md. Code, Environment § 2-1502 — MD Code / Article gen / Title 2 / Subtitle 15 / Section 2-1502
§2–1502.
Status: in_force

The Department and the Department of Transportation jointly shall provide technical assistance to county boards of education and entities that contract with county boards to provide transportation services for transitioning to the use of school buses that are zero–emission vehicles throughout the State.
Md. Code, Alcoholic Beverages and Cannabis § 2-111 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-111
§2–111.
Status: reserved

(a) There is a bulk transfer permit.

(b) The Executive Director may issue the permit to a person:

(1) whose alcoholic beverage license has expired or otherwise been discontinued; and

(2) who applies for a permit within 60 days after the last day on which the license was effective.

(c) (1) The permit authorizes the holder, with or without consideration, to transfer to a license holder the alcoholic beverages stock on hand on the day of the transfer by sale, gift, inheritance, assignment, or otherwise.

(2) The transfer of the alcoholic beverages stock to the license holder shall be completed in the period covered by the permit.

(d) (1) The permit:

(i) covers only a specific transaction; and

(ii) expires 10 days after it is issued.

(2) If the permit holder shows an undue burden, the Executive Director may grant a reasonable extension of the permit.

(e) The permit fee is $200.
Md. Code, Corporations and Associations § 2-101 — MD Code / Article gca / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

(a) Except as otherwise expressly provided by law, a corporation may be formed under this title for any lawful purposes.

(b) If the purpose for which a corporation is organized or its form makes it subject to a special provision of law, the corporation also shall comply with that provision.
Md. Code, Business Regulation § 2-107 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-107
§2–107.
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 legal adviser to the Department.

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

(d) (1) The Attorney General shall designate 1 of the assistant attorneys general assigned to the Department as counsel to the Department. After the Attorney General designates the counsel to the Department, the Attorney General may not reassign the counsel without consulting 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. The counsel shall perform these duties subject to the control and supervision of the Attorney General.
Md. Code, Agriculture § 2-103 — MD Code / Article gag / Title 2 / Subtitle 1 / Section 2-103
§2–103.
Status: in_force

(a) The Secretary is responsible for the budget of his office and for the budgets of positions and units within the Department.

(b) The Secretary may adopt rules and regulations to carry out the provisions of this article. He is responsible for adopting and reviewing rules and regulations for the Department.

(c) The Secretary may create any advisory unit of any size he deems appropriate. At least one member of the Maryland Agricultural Commission shall be included on each advisory unit.

(d) The office of Secretary shall have a seal to authenticate copies of records or papers of the Department.

(e) The Secretary is responsible for coordination and direction of comprehensive planning facilities initiated by his office. In addition, he shall keep himself fully appraised of plans, proposals, and projects of each position and unit within the Department, and may approve, disapprove, or modify any of them.

(f) In addition to the meetings of any unit within the Department provided for by law or called by the chairman of the unit, the Secretary may call a meeting of any unit for the consideration of any subject which he considers necessary and proper, whenever he deems it appropriate.

(g) Every position or unit within the Department shall report to the Secretary as provided in written directives adopted by the Secretary.

(h) The Secretary may exercise or perform any power, duty, responsibility, or function which any position or unit within the Department may exercise or perform, except those vested by law in the Maryland Agricultural Commission. The Secretary has general supervision, direction, and control of the provisions of this article and generally of all matters in any way affecting or relating to the fostering, protection, and development of the agricultural interests of the State.
Md. Code, Alcoholic Beverages and Cannabis § 2-102 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-102
§2–102.
Status: in_force

(a) A person shall apply to the Executive Director for a permit under this subtitle on the form the Executive Director provides.

(b) The Executive Director shall adopt regulations for permits under this subtitle regarding:

(1) the procedure for issuing permits;

(2) the purchase of alcoholic beverages; and

(3) the exercise of the privileges granted under each type of permit.
Md. Code, Health - General § 2-502.2 — MD Code / Article ghg / Title 2 / Subtitle 5 / Section 2-502.2
§2–502.
Status: in_force

§2–502.2.

(a) There is a Compliance Officer within the Maryland Office of the Inspector General for Health.

(b) (1) The Compliance Officer shall be designated by the Inspector General.

(2) The Compliance Officer shall be professionally qualified through experience or education in at least one of the following areas:

(i) Administrative management;

(ii) Health care compliance standards; or

(iii) Public health.

(c) The Compliance Officer shall ensure that units and employees of the Department comply with:

(1) Best practices in health care, public health, and government administration; and

(2) Laws, regulations, and Department policies.
Md. Code, Financial Institutions § 2-113 — MD Code / Article gfi / Title 2 / Subtitle 1 / Section 2-113
§2–113.
Status: in_force

(a) In this section, “affiliate” has the meaning stated in § 5–401(b) of this article.

(b) Except as provided in subsection (d) of this section, the investigative and enforcement powers of the Commissioner authorized under this subtitle are in addition to any investigative or enforcement powers of the Commissioner authorized under any other provision of law.

(c) For fiscal year 2001 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation to the Office of Financial Regulation funding the positions necessary to implement the investigative and enforcement powers authorized under this subtitle.

(d) Except as provided in §§ 2–113.1 and 2–117 of this subtitle, the provisions of §§ 2–114 through 2–117, inclusive, of this subtitle do not apply to:

(1) Any bank, trust company, savings bank, savings and loan association, or credit union incorporated or chartered under the laws of this State or the United States that maintains its principal office in this State;

(2) Any out–of–state bank, as defined in § 5–1001 of this article, having a branch that accepts deposits in this State;

(3) Any institution incorporated under federal law as a savings association or savings bank that does not maintain its principal office in this State but has a branch that accepts deposits in this State; or

(4) An affiliate of an institution described in item (1), (2), or (3) of this subsection over which the Commissioner has no jurisdiction.
Md. Code, Corporations and Associations § 2-412 — MD Code / Article gca / Title 2 / Subtitle 4 / Section 2-412
§2–412.
Status: in_force

(a) Each Maryland corporation shall have the following officers:

(1) A president;

(2) A secretary; and

(3) A treasurer.

(b) In addition to the required officers, a Maryland corporation may have any other officer provided for in the bylaws.
Md. Code, Corporations and Associations § 2-310 — MD Code / Article gca / Title 2 / Subtitle 3 / Section 2-310
§2–310.
Status: in_force

(a) (1) Subject to the provisions of its charter and § 2–311 of this subtitle, if authorized by its board of directors, a corporation may acquire the corporation’s own shares.

(2) Shares acquired under paragraph (1) of this subsection constitute authorized but unissued shares.

(3) Shares of a corporation’s own stock acquired by the corporation between the record date for determining stockholders entitled to notice of or to vote at a meeting of stockholders and the time of the meeting may be voted at the meeting by the holder of record as of the record date and shall be counted in determining the total number of outstanding shares entitled to be voted at the meeting.

(4) (i) Except as provided in subparagraph (ii) of this paragraph, and unless the charter provides otherwise, stock shall cease to be outstanding on the date of redemption or repurchase if a corporation has:

1. Given a notice of redemption of stock or repurchase of stock pursuant to a right of redemption set forth in the charter or a duly adopted repurchase plan binding on the stockholder; and

2. Paid or set aside sufficient funds for the benefit of the holder of the stock called for redemption or repurchase.

(ii) This paragraph does not affect the right of a stockholder to receive payment of the redemption or repurchase price.

(b) If the charter prohibits the issuance of acquired shares, the number of authorized shares is reduced by the number of shares acquired, effective upon the filing with the Department of articles supplementary which shall set forth:

(1) The name of the corporation;

(2) The number of outstanding shares of stock of the corporation that have been acquired by the corporation and that by their terms may not be reissued, and the class and series of the shares;

(3) The number of authorized shares of the corporation remaining after the acquisition of outstanding shares, itemized by class and series; and

(4) The fact that no amendment to the charter is effected by the articles supplementary, their sole purpose being to record the reduction of authorized shares resulting from the acquisition of shares that by the terms of the existing charter may not be reissued.
Md. Code, Tax - General § 2-605.2 — MD Code / Article gtg / Title 2 / Subtitle 6 / Section 2-605.2
§2–605.
Status: in_force

§2–605.2.

After making the distributions required under §§ 2–604 and 2–605 of this subtitle, on or before June 30, 2022, the Comptroller shall distribute $30,000,000 of the income tax revenue from individuals to the Rental Housing Fund established under § 4–504 of the Housing and Community Development Article.
Md. Code, Health Occupations § 2-402.1 — MD Code / Article gho / Title 2 / Subtitle 4 / Section 2-402.1
§2–402.
Status: in_force

§2–402.1.

Unless authorized under this title to practice hearing aid dispensing or unless otherwise provided for in this article, a person may not represent to the public, by use of a title, including “licensed hearing aid dispenser”, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice hearing aid dispensing in the State.
Md. Code, Agriculture § 2-309 — MD Code / Article gag / Title 2 / Subtitle 3 / Section 2-309
§2–309.
Status: in_force

(a) A person may register with the Board as a veterinary technician.

(b) (1) There is a Veterinary Technician Committee under the Board’s jurisdiction. The Committee consists of 7 members who are appointed by the Board, subject to the approval of the Secretary. The Board shall determine the qualifications and term of each member.

(2) Each member of the Committee may not receive compensation but is entitled to reimbursement for expenses under the Standard State Travel Regulations as provided in the State budget.

(c) The Committee, subject to the Board’s approval shall:

(1) Evaluate, examine, and determine the qualifications for applicants for registration as a veterinary technician;

(2) Recommend to the Board the subject, scope, form, date, time, and location for each examination;

(3) Establish continuing education requirements for veterinary technicians;

(4) Define the duties and responsibilities of registered veterinary technicians;

(5) Recommend to the Board reasonable rules and regulations to carry out the provisions of this section; and

(6) Generally assist the Board in registering and regulating veterinary technicians.

(d) To apply for registration, an applicant shall:

(1) Submit an application to the Board on the form the Board requires; and

(2) Pay to the Board an application fee set by the Board.

(e) The Board shall register any applicant who:

(1) Meets the requirements of this section;

(2) Meets the Board’s educational requirements;

(3) Passes a Board approved examination;

(4) Is of good moral character; and

(5) Is at least 18 years old.

(f) A registration is issued for a term of 3 years and expires on June 30 of the third year after the date issued unless the registration is renewed as provided in this section.

(g) The Board shall renew the registration of any applicant for an additional 3-year term if the applicant:

(1) Submits a renewal application on the form that the Board requires;

(2) Pays to the Board a renewal fee set by the Board;

(3) Complies with the Board’s continuing education requirements; and

(4) Otherwise is entitled to be registered.

(h) In accordance with the hearing provisions of § 2-311 of this subtitle, the Board may refuse to register an applicant, suspend or revoke the registration, or reprimand and censure, or place on probation any veterinary technician, if the veterinary technician:

(1) Practices veterinary medicine except as permitted under this subtitle;

(2) Fraudulently or deceptively obtains a registration;

(3) Is professionally, physically, or mentally incompetent;

(4) Is convicted of a felony or a crime involving moral turpitude;

(5) Is convicted of a violation of any federal or State law relating to narcotic drugs;

(6) Is grossly negligent or deliberately cruel to an animal;

(7) Violates any provisions of this subtitle; or

(8) Is determined by the Board to be incompetent as a veterinary technician.
Md. Code, Election Law § 2-108 — MD Code / Article gel / Title 2 / Subtitle 1 / Section 2-108
§2–108.
Status: in_force

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

(2) “Appropriate persons” means:

(i) the State Board;

(ii) the Governor;

(iii) the President of the Senate of Maryland;

(iv) the Speaker of the House of Delegates; and

(v) the Attorney General.

(3) “Election service provider” means any person providing, supporting, or maintaining an election system on behalf of the State Board or a local board, including a contractor or vendor.

(4) “Election system” means any information system used for the management, support, or administration of an election, including:

(i) the voting system;

(ii) the online voter registration system;

(iii) the voter registration database;

(iv) the online ballot request, delivery, or marking systems;

(v) the electronic pollbooks;

(vi) the system for tabulating or reporting election results; and

(vii) the State Board or local board e–mail system.

(5) “Security violation” means the incident categories defined by the Department of Information Technology in the State information security policy.

(6) “Significant attempted security violation” means an attempt to commit a security violation that:

(i) is known to have been committed by a foreign government or agents of a foreign government; or

(ii) the State Administrator considers to be of particular significance or concern.

(b) Within 7 days after becoming aware of a security violation or significant attempted security violation, the State Administrator shall submit to the Department of Information Technology and the appropriate persons a report on each security violation and significant attempted security violation involving an election system:

(1) owned, operated, or maintained by the State Board or a local board of elections; or

(2) provided, supported, or maintained by an election service provider.

(c) Within 7 days after receiving the State Board’s report submitted under subsection (b) of this section, the Department of Information Technology shall forward any additional relevant information to the appropriate persons and the State Administrator.

(d) Notwithstanding any other law, the Secretary of Information Technology may require that the information contained in a report submitted under subsection (b) of this section be withheld from the general public if the Secretary determines that the public interest is served by withholding the information.

(e) If an election service provider knows that a security violation or significant attempted security violation has occurred involving an election system provided, supported, or maintained by the election service provider, the election service provider shall:

(1) notify the State Administrator in writing as soon as practicable but not later than 4 days after becoming aware of the security violation or significant attempted security violation; and

(2) cooperate with the State Administrator in submitting the report required under subsection (b) of this section.
Md. Code, Courts and Judicial Proceedings § 2-103 — MD Code / Article gcj / Title 2 / Subtitle 1 / Section 2-103
§2–103.
Status: in_force

When an officer leaves office for any reason, any duty not fully performed, including the collection of fees, becomes the responsibility of his successor in office.
Md. Code, Environment § 2-107 — MD Code / Article gen / Title 2 / Subtitle 1 / Section 2-107
§2–107.
Status: in_force

(a) There is a Maryland Clean Air Fund.

(b) Except as provided in § 2–1002(g) of this title, all application fees, permit fees, renewal fees, and funds collected by the Department under this title, Title 6, Subtitle 4 of this article, or received from the Maryland Strategic Energy Investment Fund under § 9–20B–05(g)(3)(iii) of the State Government Article, including any civil or administrative penalty or any fine imposed by a court under these provisions, shall be paid into the Maryland Clean Air Fund.

(c) (1) Subject to the appropriation process in the annual operating budget, the Department shall use the Maryland Clean Air Fund for:

(i) Activities conducted under this title that are related to identifying, mitigating, monitoring, reducing, and regulating air pollution in the State, including program development of these activities as provided in the State budget; and

(ii) Providing grants to local governments to supplement funding for programs conducted by local governments that are consistent with this title and the State program.

(2) Subject to Title 10, Subtitle 1 of the State Government Article (Administrative Procedure Act – Regulations), the Department shall adopt rules and regulations for the management and use of the money in the Fund.

(3) At the end of the fiscal year, the Department shall:

(i) Prepare an annual report on:

1. The Maryland Clean Air Fund that includes an accounting of all financial receipts and expenditures to and from the Fund; and

2. Any relevant information regarding the federal approval process, the effectiveness of the permitting program, and any other issues related to the operation of the permitting program established under § 2–401 of this title;

(ii) Provide a copy of the report to the General Assembly, as provided under § 2–1257 of the State Government Article; and

(iii) Upon request, make the report available to permit holders under this title.

(4) Money deposited into the Fund is not subject to § 7–302 of the State Finance and Procurement Article and may not revert to the General Fund of the State.
Md. Code, Insurance § 2-107 — MD Code / Article gin / Title 2 / Subtitle 1 / Section 2-107
§2–107.
Status: in_force

(a) Except as provided in subsection (b) of this section, the Commissioner or a deputy, examiner, assistant, or employee of the Commissioner may not be financially interested in an insurer, insurance agency, or insurance transaction, other than as a policyholder or claimant under a policy.

(b) The Commissioner may employ or retain an actuary, attorney, or other technician who is similarly employed or retained by insurers or other persons if the individual:

(1) is independently practicing the profession of the individual; and

(2) does not have a conflict of interest in the matter for which the individual is employed or retained.
Md. Code, Business Occupations and Professions § 2-209 — MD Code / Article gbo / Title 2 / Subtitle 2 / Section 2-209
§2–209.
Status: in_force

(a) (1) Beginning on July 1, 2008, the Board may set by regulation reasonable fees for its services.

(2) The fees shall be:

(i) set so as to produce funds to approximate the cost of maintaining the Board; and

(ii) based on the calculations performed by the Secretary of Labor under § 2–106.6 of the Business Regulation Article.

(b) The Board shall publish the fee schedule set by the Board.

(c) (1) Beginning on July 1, 2007, the Board shall pay all fees collected under this title to the Comptroller.

(2) The Comptroller shall distribute the fees to the State Board of Public Accountancy Fund established in § 2–106.5 of the Business Regulation Article.
Md. Code, Financial Institutions § 2-105.1 — MD Code / Article gfi / Title 2 / Subtitle 1 / Section 2-105.1
§2–105.
Status: in_force

§2–105.1.

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

(2) “Collection agency” has the meaning stated in § 7–101 of the Business Regulation Article.

(3) “Consumer reporting agency” has the meaning stated in § 14–1201 of the Commercial Law Article.

(4) “Credit services business” has the meaning stated in § 14–1901 of the Commercial Law Article.

(5) “Debt management services provider” has the meaning stated in § 12–901 of this article.

(6) “Money transmission” has the meaning stated in § 12–401 of this article.

(7) “Mortgage lender” has the meaning stated in § 11–501 of this article.

(8) “Mortgage originator” has the meaning stated in § 11–601 of this article.

(9) “Provide check cashing services” has the meaning stated in § 12–101 of this article.

(10) “Sales finance company” has the meaning stated in § 11–401 of this article.

(b) The Commissioner may adopt and enforce regulations reasonably necessary to carry out the authority and responsibility of the office of Commissioner.

(c) (1) The Commissioner may participate in NMLS for:

(i) Collection agencies;

(ii) Debt management services providers;

(iii) Mortgage lenders;

(iv) Mortgage originators;

(v) Persons who engage in money transmission;

(vi) Persons who are required to be licensed under Title 11, Subtitle 2 of this article;

(vii) Persons who are required to be licensed under Title 11, Subtitle 3 of this article;

(viii) Persons who are required to be licensed under Title 12, Subtitle 1 of this article;

(ix) Persons who are required to be licensed under Title 14, Subtitle 19 of the Commercial Law Article;

(x) Sales finance companies; and

(xi) Consumer reporting agencies.

(2) To facilitate participation in NMLS, the Commissioner may adopt regulations that waive or modify the requirements of:

(i) Title 11, Subtitles 4, 5, and 6 of this article with respect to sales finance companies, mortgage lenders, and mortgage originators;

(ii) Title 12, Subtitles 1, 4, and 9 of this article with respect to providers of check cashing services, persons who engage in money transmission, and providers of debt management services;

(iii) Title 11, Subtitle 2 of this article;

(iv) Title 11, Subtitle 3 of this article;

(v) Title 7 of the Business Regulation Article with respect to collection agencies;

(vi) Title 14, Subtitle 19 of the Commercial Law Article; and

(vii) Title 14, Subtitle 12 of the Commercial Law Article.
Md. Code, State Finance and Procurement § 2-103 — MD Code / Article gsf / Title 2 / Subtitle 1 / Section 2-103
§2–103.
Status: in_force

After each regular session of the General Assembly, the Comptroller shall deliver to the printer who is designated to print the session laws an accurate statement of receipts and expenditures of public money for the last full fiscal year preceding that session.
Md. Code, Health Occupations § 2-4A-20 — MD Code / Article gho / Title 2 / Subtitle 4A / Section 2-4A-20
§2–4A–20.
Status: in_force

(a) An action may be maintained in the name of the State or the Board to enjoin:

(1) The unauthorized practice of music therapy; or

(2) Conduct that is a ground for disciplinary action under § 2–4A–14 of this subtitle.

(b) An action under this section may be brought by:

(1) The Board, in its own name;

(2) The Attorney General, in the name of the State; or

(3) A State’s Attorney, in the name of the State.

(c) An action under this section shall be brought in the county where the defendant:

(1) Resides; or

(2) Engages in the acts sought to be enjoined.

(d) Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.

(e) An action under this section is in addition to and not instead of criminal prosecution for the unauthorized practice of music therapy under § 2–4A–22 of this subtitle or disciplinary action under § 2–4A–14 of this subtitle.
Md. Code, Estates and Trusts § 2-103 — MD Code / Article get / Title 2 / Subtitle 1 / Section 2-103
§2–103.
Status: in_force

The court has the same legal and equitable powers to effectuate its jurisdiction, punish contempts, and carry out its orders, judgments, and decrees as a court of record with general jurisdiction in equity.
Md. Code, Business Regulation § 2-106.12 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-106.12
§2–106.
Status: in_force

§2–106.12.

(a) In this section, “Commission” means the Maryland Home Improvement Commission.

(b) In consultation with the Commission, the Secretary annually shall calculate the direct and indirect costs attributable to the Commission.

(c) The Commission shall establish fees based on the calculations provided by the Secretary under this section.

(d) Except for the examination fees, each fee established by the Commission may not be increased annually by more than 12.5% of the existing and corresponding fee of the Commission.
Md. Code, Agriculture § 2-2102 — MD Code / Article gag / Title 2 / Subtitle 21 / Section 2-2102
§2–2102.
Status: in_force

(a) There is an Urban Agriculture Water and Power Infrastructure Grant Program in the Department.

(b) The purpose of the Program is to increase the viability of urban farming and community gardens and improve access to urban–grown foods.
Md. Code, Housing and Community Development § 2-302 — MD Code / Article ghs / Title 2 / Subtitle 3 / Section 2-302
§2–302.
Status: in_force

(a) On or before December 1, 2023, and on or before December 1 every 5 years thereafter, the Department, in consultation with political subdivisions and housing authorities, shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly on:

(1) the efforts by the State, political subdivisions, and housing authorities to promote fair housing choice and racial and economic housing integration, and the results of those efforts, delineated by county; and

(2) any assessment of fair housing required under § 3–114(d)(2) of the Land Use Article completed since the most recent report required under this subsection, including any assessment of fair housing completed or revised under the federal Department of Housing and Urban Development’s most recently published Affirmatively Furthering Fair Housing Rule.

(b) The report required under subsection (a) of this section shall provide an update on the actions being taken by local jurisdictions to affirmatively further fair housing.

(c) The Department shall work in partnership with each local jurisdiction to jointly develop and complete a template to capture data in the jurisdiction related to affirmatively furthering fair housing.
Md. Code, Tax - Property § 2-110 — MD Code / Article gtp / Title 2 / Subtitle 1 / Section 2-110
§2–110.
Status: in_force

(a) The salary schedules set for assessors under § 2-109 of this subtitle shall provide an appropriate incentive to encourage assessors to achieve the designation of certified assessment evaluator.

(b) A county may not provide a salary supplement or any other fringe benefit for an assessor.
Md. Code, Insurance § 2-303.2 — MD Code / Article gin / Title 2 / Subtitle 3 / Section 2-303.2
§2–303.
Status: in_force

§2–303.2.

(a) The Administration shall prepare annually a comparison guide of medical professional liability insurance premiums.

(b) The comparison guide shall:

(1) list each insurer authorized to provide medical professional liability insurance in the State;

(2) include, for each specialty and territory, the base premium charged by an insurer for physicians with policy limits of $1,000,000 and $3,000,000; and

(3) include the base premium charged by an insurer for a:

(i) hospital;

(ii) medical day care center;

(iii) hospice care program;

(iv) assisted living program; and

(v) freestanding ambulatory care facility as defined in § 19–3B–01 of the Health – General Article.

(c) The Administration shall publish the comparison guide required under subsection (a) of this section on its Web site and in printed form.
Md. Code, Health Occupations § 2-307.4 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-307.4
§2–307.
Status: in_force

§2–307.4.

(a) A licensee shall identify and represent themselves to the public by:

(1) The profession for which the licensee holds a license;

(2) The degree earned to obtain the license; and

(3) The name on the license.

(b) A licensee shall include the licensee’s license number on work–related documentation, including:

(1) Written client reports; and

(2) If applicable, audiograms.
Md. Code, Tax - General § 2-109 — MD Code / Article gtg / Title 2 / Subtitle 1 / Section 2-109
§2–109.
Status: in_force

(a) The Comptroller shall:

(1) collect the taxes that the Comptroller administers or is otherwise required under this article to collect;

(2) account for the revenue from those taxes and any other tax required to be remitted to the Comptroller; and

(3) distribute the revenue in the manner required under Subtitles 2 through 16 of this title.

(b) The requirement to make a distribution of tax revenue means to segregate, deposit, transfer, credit, disburse by warrant, or otherwise apply the revenue in accordance with the accounting practices and procedures required under the State Finance and Procurement Article and elsewhere in the Code.

(c) Except for a distribution required under § 2-604 of this title, the requirement to distribute to an account means to make a bookkeeping entry in the accounting records of the State.
Md. Code, Corporations and Associations § 2-204 — MD Code / Article gca / Title 2 / Subtitle 2 / Section 2-204
§2–204.
Status: in_force

(a) A corporation may not issue stock or convertible securities in violation of a limitation or restriction contained in its charter or bylaws.

(b) If stock of the corporation is outstanding and entitled to be voted at the time the board of directors adopts a resolution authorizing the issuance of additional stock or convertible securities, the corporation may not issue the stock or the convertible securities unless:

(1) The charter permits the board of directors to authorize the issuance;

(2) The charter does not require stockholder approval of the issuance, and the actual value of the consideration to be received by the corporation, as determined by the board of directors or as set forth in the charter, is at least equal to:

(i) The par value of the stock to be issued;

(ii) In the case of stock without par value, the stated capital per share of the shares of the same class then outstanding; or

(iii) In the case of convertible securities, the par value or the stated capital per share, as the case may be, of the stock into which the convertible securities are convertible, if greater than the par value, stated capital per share, or principal amount of the convertible securities; or

(3) (i) The issuance as authorized by the board of directors was submitted for approval at either an annual or a special meeting of the stockholders;

(ii) Notice stating that a purpose of the meeting will be to act on the proposed issuance was given in the manner required by Subtitle 5 of this title to each stockholder entitled to vote on the matter; and

(iii) The issuance was approved by the stockholders.

(c) Unless the charter or bylaws provide otherwise, approval of the stockholders is not required under this section for the issuance of stock as a stock dividend.

(d) If the issuance of stock convertible into other stock or of securities convertible into stock, or the issuance of warrants or options exercisable for stock or convertible securities, is authorized in the manner required by this subtitle for the issuance of the stock into which the stock or securities are convertible or for which the warrants or options are exercisable, the authorization constitutes an authorization of the issuance of the stock into which the stock or securities are convertible or for which the warrants or options are exercisable, without further specific authorization under this subtitle.

(e) This section does not apply to any issuance described in § 2-203(d) of this subtitle.
Md. Code, Commercial Law § 2-210 — MD Code / Article gcl / Title 2 / Subtitle 2 / Section 2-210
§2–210.
Status: in_force

(1) A party may perform his duty through a delegate unless otherwise agreed or unless the other party has a substantial interest in having his original promisor perform or control the acts required by the contract. No delegation of performance relieves the party delegating of any duty to perform or any liability for breach.

(2) Unless otherwise agreed all rights of either seller or buyer can be assigned except where the assignment would materially change the duty of the other party, or increase materially the burden or risk imposed on him by his contract, or impair materially his chance of obtaining return performance. A right to damages for breach of the whole contract or a right arising out of the assignor’s due performance of his entire obligation can be assigned despite agreement otherwise.

(3) The creation, attachment, perfection, or enforcement of a security interest in the seller’s interest under a contract is not a transfer that materially changes the duty of or increases materially the burden or risk imposed on the buyer or impairs materially the buyer’s chance of obtaining return performance within the purview of subsection (2) unless, and then only to the extent that, enforcement actually results in a delegation of material performance of the seller. Even in that event, the creation, attachment, perfection, and enforcement of the security interest remain effective, but (i) the seller is liable to the buyer for damages caused by the delegation to the extent that the damages could not reasonably be prevented by the buyer, and (ii) a court having jurisdiction may grant other appropriate relief, including cancellation of the contract for sale or an injunction against enforcement of the security interest or consummation of the enforcement.

(4) Unless the circumstances indicate the contrary a prohibition of assignment of the “contract” is to be construed as barring only the delegation to the assignee of the assignor’s performance.

(5) An assignment of “the contract” or of “all my rights under the contract” or an assignment in similar general terms is an assignment of rights and unless the language or the circumstances (as in an assignment for security) indicate the contrary, it is a delegation of performance of the duties of the assignor and its acceptance by the assignee constitutes a promise by him to perform those duties. This promise is enforceable by either the assignor or the other party to the original contract.

(6) The other party may treat any assignment which delegates performance as creating reasonable grounds for insecurity and may without prejudice to his rights against the assignor demand assurances from the assignee (§ 2-609).
Md. Code, Courts and Judicial Proceedings § 2-402 — MD Code / Article gcj / Title 2 / Subtitle 4 / Section 2-402
§2–402.
Status: in_force

An appellate court may appoint the law clerks, stenographers, and other full or part time employees it deems necessary.
Md. Code, Tax - General § 2-1302.4 — MD Code / Article gtg / Title 2 / Subtitle 13 / Section 2-1302.4
§2–1302.
Status: in_force

§2–1302.4.

After making the distributions required under §§ 2–1301 through 2–1302.2 of this subtitle, of the sales and use tax collected from the sale of electronic smoking devices, as defined in § 11–104(j) of this article, the Comptroller shall distribute the revenue attributable to a tax rate of 8% to the Blueprint for Maryland’s Future Fund established under § 5–206 of the Education Article.
Md. Code, Election Law § 2-205 — MD Code / Article gel / Title 2 / Subtitle 2 / Section 2-205
§2–205.
Status: in_force

(a) Each local board may appoint or retain as counsel an individual who is:

(1) a registered voter of its county; and

(2) admitted to practice law in the State.

(b) (1) Except as provided in paragraph (2) of this subsection, the salary of counsel shall be set by the local board in accordance with the county budget.

(2) (i) In Anne Arundel County, the counsel may not be compensated less than the salary of a local board member.

(ii) In Baltimore County, the counsel may not be compensated less than $2,000 annually.

(iii) In Montgomery County, the counsel shall receive an annual salary of $2,000.

(iv) In Prince George’s County, the counsel shall receive an annual salary of $4,500.

(v) In Worcester County, the counsel shall receive an annual salary as provided in the county budget, but not less than $800.

(c) In accordance with the county budget and in addition to the compensation specified in subsection (b) of this section, each local board may provide counsel with appropriate additional compensation for services that the local board determines are necessary.
Md. Code, Correctional Services § 2-201 — MD Code / Article gcs / Title 2 / Subtitle 2 / Section 2-201
§2–201.
Status: in_force

The following units are in the Department:

(1) the Division of Correction;

(2) the Division of Parole and Probation;

(3) the Division of Pretrial Detention and Services;

(4) the Patuxent Institution;

(5) the Board of Review for Patuxent Institution;

(6) the Maryland Commission on Correctional Standards;

(7) the Correctional Training Commission;

(8) the Maryland Police Training and Standards Commission;

(9) the Maryland Parole Commission;

(10) the Emergency Number Systems Board;

(11) the Sundry Claims Board;

(12) the Inmate Grievance Office; and

(13) any other unit that by law is declared to be part of the Department.
Md. Code, Criminal Procedure § 2-308 — MD Code / Article gcp / Title 2 / Subtitle 3 / Section 2-308
§2–308.
Status: in_force

If any provision of Part II of this subtitle is for any reason declared void, the rest of Part II of this subtitle will still be valid.
Md. Code, Public Safety § 2-307 — MD Code / Article gps / Title 2 / Subtitle 3 / Section 2-307
§2–307.
Status: in_force

(a) (1) The Department shall collect, analyze, and disseminate:

(i) information about the incidence of crime in the State; and

(ii) information, including race and sex, on the total number of law enforcement employees, de–identified and disaggregated by:

1. position for civilian employees; and

2. rank for sworn employees.

(2) Each law enforcement agency shall provide the Department with the information described in paragraph (1) of this subsection in the format that the Secretary requires.

(b) (1) The Department shall collect and analyze information about incidents apparently directed against an individual or group because of race, color, religious beliefs, sexual orientation, gender, disability, national origin, or homelessness.

(2) Each local law enforcement agency and the State Fire Marshal shall provide the Department with the information described in paragraph (1) of this subsection.

(3) The Department shall adopt procedures for the collection and analysis of the information described in paragraph (1) of this subsection.

(4) The Department shall make quarterly reports to the Commission on Civil Rights about the information described in paragraph (1) of this subsection.
Md. Code, Public Utilities § 2-104 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-104
§2–104.
Status: in_force

(a) The Commission shall appoint an Executive Secretary.

(b) The Executive Secretary serves at the pleasure of the Commission.

(c) The Executive Secretary shall:

(1) keep the records of the Commission, including a record of proceedings, all documents required to be filed with the Commission, all orders, regulations, and decisions of the Commission, and all dockets and files;

(2) certify true copies of those materials;

(3) designate an employee of the Commission to perform the duties of Executive Secretary when the Executive Secretary is absent; and

(4) perform the other duties that the Commission prescribes.

(d) With the approval of the Commission and in conformity with Title 10, Subtitle 6, Part III of the State Government Article, the Executive Secretary may destroy any record or document that the Commission possesses, including a record or document required by law to be filed with the Commission, if:

(1) the record or document has been on file for at least 3 years; and

(2) the Executive Secretary considers the document to be obsolete.
Md. Code, Public Safety § 2-302 — MD Code / Article gps / Title 2 / Subtitle 3 / Section 2-302
§2–302.
Status: in_force

(a) The powers and duties of the Department with respect to law enforcement are supplemental to and concurrent with similar powers and duties conferred by law on other law enforcement agencies of the State in their respective jurisdictions.

(b) (1) Technological developments, changes in the population and economy of the State, and other factors directly related to proper law enforcement require effective cooperation among all law enforcement agencies in order to provide:

(i) efficient utilization of equipment, personnel, and information; and

(ii) prompt means of collection, analysis, and dissemination of information relevant to the duties of the law enforcement agencies.

(2) The duties imposed on the Department by this title:

(i) shall promote effective cooperation among law enforcement agencies; and

(ii) do not limit the powers or responsibilities of any other law enforcement agency or make any other law enforcement agency subject to the supervision of the Department.
Md. Code, Environment § 2-504 — MD Code / Article gen / Title 2 / Subtitle 5 / Section 2-504
§2–504.
Status: in_force

The Department may grant an extension of a temporary fuel variance for an additional period of not more than 60 days, if the petitioner gives the Department additional information that justifies the extension.
Md. Code, Alcoholic Beverages and Cannabis § 2-307 — MD Code / Article gab / Title 2 / Subtitle 3 / Section 2-307
§2–307.
Status: in_force

(a) There is a Class 6 limited wine wholesaler’s license.

(b) The license may be issued only to a wine manufacturer that:

(1) holds a Class 4 limited winery license; and

(2) produces not more than 35,000 gallons of its own wine annually.

(c) (1) The license authorizes the license holder to sell and deliver its own brand of wine produced at the license holder’s premises to:

(i) a holder of a retail license that is authorized to acquire the wine; and

(ii) a holder of a permit that is authorized to acquire the wine.

(2) The license holder may sell its wine to a holder of a wholesaler’s license.

(d) The annual license fee is $50.

(e) The license holder may use an additional location for the warehousing, sale, and delivery of wine:

(1) if approved by the Executive Director following submission of a separate application for each location; and

(2) on the payment of a $50 fee for each additional location.
Md. Code, State Personnel and Pensions § 2-511 — MD Code / Article gsp / Title 2 / Subtitle 5 / Section 2-511
§2–511.
Status: in_force

(a) This section applies to employees of:

(1) the Maryland Environmental Service;

(2) the Northeast Maryland Waste Disposal Authority;

(3) the Baltimore Metropolitan Council;

(4) the Maryland Automobile Insurance Fund;

(5) the City of Hyattsville; and

(6) the Chesapeake Bay Commission.

(b) Subject to the regulations adopted under § 2–503 of this subtitle, an employee or, while receiving an allowance under the Employees’ Retirement System of the State of Maryland or the Employees’ Pension System of the State of Maryland, an employee’s surviving spouse:

(1) may enroll and participate in the health insurance or other benefit options established under the Program; and

(2) except as provided in subsection (d) of this section, is subject to the same terms and conditions as those provided under § 2–507 of this subtitle.

(c) While receiving an allowance under the Employees’ Retirement System of the State of Maryland or the Employees’ Pension System of the State of Maryland, a former employee or a former employee’s surviving spouse or dependent child:

(1) may enroll and participate in the health insurance benefit options established under the Program; and

(2) except as provided in subsection (d) of this section, is subject to the same terms and conditions as those provided under § 2–508 of this subtitle, with the employee’s service with the Maryland Environmental Service, Northeast Maryland Waste Disposal Authority, the Baltimore Metropolitan Council, the Maryland Automobile Insurance Fund, the City of Hyattsville, and the Chesapeake Bay Commission being included as part of the employee’s State service.

(d) (1) (i) The State may charge the Maryland Environmental Service, the Northeast Maryland Waste Disposal Authority, the Baltimore Metropolitan Council, the Chesapeake Bay Commission, and the Maryland Automobile Insurance Fund, or any successor agency, the respective participant’s total cost resulting from participation in the Program under this section.

(ii) The respective employer share of the cost of the Program under this paragraph shall be based on the State subsidy allowed under this subtitle.

(2) (i) The State may charge the City of Hyattsville the participant’s total cost resulting from participation in the Program under this section.

(ii) The City of Hyattsville shall determine the extent to which the City will subsidize participation in the Program.
Md. Code, Corporations and Associations § 2-301 — MD Code / Article gca / Title 2 / Subtitle 3 / Section 2-301
§2–301.
Status: in_force

(a) (1) In this subtitle, “distribution” means:

(i) A direct or indirect transfer of money or other property of the corporation in respect of any of its shares; or

(ii) An incurrence or forgiveness of indebtedness by a corporation to or for the benefit of the corporation’s stockholders in respect of any of its shares.

(2) “Distribution” does not include a stock dividend or stock split authorized in accordance with § 2-309(c) of this subtitle.

(b) A distribution may be in the form of:

(1) A declaration or payment of a dividend;

(2) A purchase, redemption, whether or not at the option of the corporation or the stockholders, or other acquisition of shares; or

(3) An issuance of evidence of indebtedness.
Md. Code, Commercial Law § 2-204 — MD Code / Article gcl / Title 2 / Subtitle 2 / Section 2-204
§2–204.
Status: in_force

(1) A contract for sale of goods may be made in any manner sufficient to show agreement, including conduct by both parties which recognizes the existence of such a contract.

(2) An agreement sufficient to constitute a contract for sale may be found even though the moment of its making is undetermined.

(3) Even though one or more terms are left open a contract for sale does not fail for indefiniteness if the parties have intended to make a contract and there is a reasonably certain basis for giving an appropriate remedy.
Md. Code, Corporations and Associations § 2-202 — MD Code / Article gca / Title 2 / Subtitle 2 / Section 2-202
§2–202.
Status: in_force

(a) A subscription for stock of a corporation which is not yet formed is irrevocable for a period of 3 months, unless:

(1) The subscription agreement provides otherwise; or

(2) Every subscriber consents to the revocation of the subscription.

(b) Unless the subscription agreement provides otherwise, a subscription is not void or unenforceable solely because less than all of the authorized stock is subscribed for.

(c) Unless the subscription agreement provides otherwise, a subscription for stock, whether made before or after the corporation is formed, shall be paid in full or in installments at the times set by the board of directors.

(d) Unless the subscription agreement provides otherwise, a subscriber has no voting or other rights with respect to the stock subscribed for until the stock is issued and fully paid.
Md. Code, Commercial Law § 2A-522 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-522
§2A–522.
Status: in_force

(1) Subject to subsection (2) and even though the goods have not been shipped, a lessee who has paid a part or all of the rent and security for goods identified to a lease contract (§ 2A-217) on making and keeping good a tender of any unpaid portion of the rent and security due under the lease contract may recover the goods identified from the lessor if the lessor becomes insolvent within 10 days after receipt of the first installment of rent and security.

(2) A lessee acquires the right to recover goods identified to a lease contract only if they conform to the lease contract.
Md. Code, Public Utilities § 2-303 — MD Code / Article gpu / Title 2 / Subtitle 3 / Section 2-303
§2–303.
Status: in_force

(a) This section applies to each individual subject to § 2–302 of this subtitle and to:

(1) each spouse, dependent child, parent, brother, or sister of each commissioner, the People’s Counsel, the General Counsel, and each public utility law judge; and

(2) each spouse or dependent child of each other officer or employee of the Commission or Office of People’s Counsel.

(b) An individual subject to this section may not:

(1) hold an official relation to or connection with a public service company; or

(2) have a pecuniary interest in a public service company as the holder of stock or other securities or otherwise.
Md. Code, Family Law § 2-101 — MD Code / Article gfl / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

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

(b) “Authorized official” means an individual authorized by the laws of this State to perform a marriage ceremony.

(c) “Clerk” means a clerk of the circuit court for a county.

(d) “License” means a license to marry issued in this State.
Md. Code, Agriculture § 2-101 — MD Code / Article gag / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

There is a Department of Agriculture, established as a principal department of the State government.
Md. Code, Agriculture § 2-708 — MD Code / Article gag / Title 2 / Subtitle 7 / Section 2-708
§2–708.
Status: in_force

All funds collected by the Board shall be paid into the Maryland Horse Industry Fund under § 2–708.2 of this subtitle.
Md. Code, Human Services § 2-213 — MD Code / Article ghu / Title 2 / Subtitle 2 / Section 2-213
§2–213.
Status: in_force

In addition to any advisory boards established by law, the Secretary, with the approval of the Governor, may create advisory boards or use as an advisory board any existing commission established by executive order.
Md. Code, Housing and Community Development § 2-107 — MD Code / Article ghs / Title 2 / Subtitle 1 / Section 2-107
§2–107.
Status: in_force

(a) (1) In the Office of the Secretary, the Secretary shall have assistants, professional consultants, and employees as provided in the State budget.

(2) The Secretary may designate a staff assistant to be in charge of a particular area of responsibility within the Office of the Secretary.

(b) In the Office of the Secretary:

(1) each staff assistant in charge of a particular area of responsibility and each professional consultant serves at the pleasure of the Secretary; and

(2) except as otherwise provided by law, the Secretary shall appoint and may remove all other employees in accordance with the State Personnel and Pensions Article.
Md. Code, Health Occupations § 2-307.1 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-307.1
§2–307.
Status: in_force

§2–307.1.

A license to practice hearing aid dispensing authorizes the licensee to practice hearing aid dispensing while the license is effective.
Md. Code, Human Services § 2-407 — MD Code / Article ghu / Title 2 / Subtitle 4 / Section 2-407
§2–407.
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, Human Services § 2-201 — MD Code / Article ghu / Title 2 / Subtitle 2 / Section 2-201
§2–201.
Status: in_force

There is a Department of Human Services established as a principal department of the State government.
Md. Code, Commercial Law § 2-502 — MD Code / Article gcl / Title 2 / Subtitle 5 / Section 2-502
§2–502.
Status: in_force

(1) Subject to subsections (2) and (3) and even though the goods have not been shipped a buyer who has paid a part or all of the price of goods in which he has a special property under the provisions of the immediately preceding section may on making and keeping good a tender of any unpaid portions of their price recover them from the seller if:

(a) In the case of goods bought for personal, family, or household purposes, the seller repudiates or fails to deliver as required by the contract; or

(b) In all cases, the seller becomes insolvent within ten days after a receipt of the first installment on their price.

(2) The buyer’s right to recover the goods under subsection (1)(a) vests upon acquisition of a special property, even if the seller had not then repudiated or failed to deliver.

(3) If the identification creating his special property has been made by the buyer he acquires the right to recover the goods only if they conform to the contract for sale.