Md. Code, Corporations and Associations § 3-101 — MD Code / Article gca / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

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

(b) “Domestic business trust” or “business trust” means a business trust formed under the laws of the State.

(c) “Domestic limited liability company” or “limited liability company” means a limited liability company formed under the laws of the State.

(d) “Domestic limited partnership” or “limited partnership” means a partnership formed by 2 or more persons under the laws of the State and having one or more general partners and one or more limited partners.

(e) “Domestic partnership” or “partnership” means a partnership formed under the laws of the State.

(f) “Foreign business trust” means a business trust organized under the laws of the United States, another state of the United States, or a territory, possession, or district of the United States, or under the laws of a foreign country.

(g) “Foreign limited liability company” means a limited liability company formed under the laws of any state, other than the State of Maryland, or under the laws of a foreign country.

(h) “Foreign limited partnership” means a partnership formed under the laws of any state other than the State of Maryland or under the laws of a foreign country and having as partners one or more general partners and one or more limited partners.

(i) “Foreign partnership” means a partnership formed under the laws of any state, other than this State, or under the laws of a foreign country.

(j) “Interest in land” means any interest in real property, the title to which could be affected by recording an instrument in the land records.
Md. Code, Transportation § 3-217 — MD Code / Article gtr / Title 3 / Subtitle 2 / Section 3-217
§3–217.
Status: reserved

(a) Any funds in the Transportation Trust Fund transferred or diverted from that Fund to the General Fund or a special fund shall be repaid within 5 years after the transfer or diversion as follows:

(1) At least 10 percent of a transfer or diversion in a fiscal year shall be repaid in the first fiscal year after the transfer or diversion;

(2) A cumulative total of at least 30 percent of a transfer or diversion in a fiscal year shall be repaid within 2 fiscal years after the transfer or diversion;

(3) A cumulative total of at least 55 percent of a transfer or diversion in a fiscal year shall be repaid within 3 fiscal years after the transfer or diversion;

(4) A cumulative total of at least 80 percent of a transfer or diversion in a fiscal year shall be repaid within 4 fiscal years after the transfer or diversion; and

(5) A cumulative total of 100 percent of a transfer or diversion in a fiscal year shall be repaid within 5 fiscal years after the transfer or diversion.

(b) This section does not apply to a distribution of highway user revenues to counties, municipalities, and Baltimore City under § 8–403 of this article.
Md. Code, Insurance § 3-322 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-322
§3–322.
Status: in_force

(a) Each surplus lines broker shall keep separate records and accounts of all business transacted under the surplus lines broker's certificate of qualification, including copies of:

(1) any daily report made by the surplus lines broker; and

(2) each binder or cover note delivered by the surplus lines broker.

(b) The records described by subsection (a) of this section shall be kept by the surplus lines broker for 3 years after the issuance of the coverage to which the record relates and shall be available at any reasonable time during that period for examination by the Commissioner.
Md. Code, Courts and Judicial Proceedings § 3-2A-08 — MD Code / Article gcj / Title 3 / Subtitle 2A / Section 3-2A-08
§3–2A–08.
Status: in_force

(a) Evidence of advanced payments made pursuant to § 19-104(b) of the Insurance Article is not admissible in any arbitration or judicial proceeding for damages due to medical injury until there is an award, in the case of arbitration proceedings, or a verdict, in the case of judicial proceedings, in favor of the claimant and against the person who made the advanced payments. Upon the finding of such an award or verdict, the arbitration panel, or the trier of fact, shall make a finding of total damages, and shall then deduct whatever amounts it finds were paid by or on behalf of the defendants pursuant to § 19-104(b) of the Insurance Article. The net amount, after this deduction, shall be entered as its award or verdict.

(b) If the award or verdict exceeds the amount of advanced payments and the arbitration panel or the court finds that the advanced payments were reasonable, the panel or the court may (1) order that the amount by which the award or verdict exceeds the amount of advanced payments be paid over a period of time consistent with the needs of the claimant, rather than in a lump sum, and (2) authorize, as part of its order, the creation of a trust or other mechanism to assure the periodic payments. The panel or court shall provide to the claimant the option to choose either a lump sum or payments paid over a period of time.

(c) If the advanced payment exceeds the liability of the person making it, the arbitration panel or the court on appeal may order such adjustments as justice may require under the award or verdict, including, where appropriate, contribution by other parties found to be liable. In no event shall an advance payment in excess of the liability of the person making it be repayable by the person receiving it.
Md. Code, Insurance § 3-116 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-116
§3–116.
Status: in_force

(a) (1) A director, officer, or member of a stock insurer or mutual insurer or any other person may lend or advance to the stock insurer or mutual insurer any money necessary to enable it to comply with a surplus requirement or any other requirement of law.

(2) The instrument evidencing a loan or advance under this subsection shall:

(i) be approved as to form and content by the Commissioner; and

(ii) contain provisions that specify that:

1. the instrument is subordinate to policyholders, claimant and beneficiary claims, and all other classes of creditors other than surplus note holders; and

2. interest payments and principal repayments may not be made without prior approval of the Commissioner.

(3) A loan or advance under this subsection and any interest on it:

(i) is payable only out of the surplus remaining after the stock insurer or mutual insurer provides for all reserves and other liabilities; and

(ii) is not otherwise a liability or claim against the stock insurer or mutual insurer or any of its assets.

(b) (1) Proceeds of a loan or advance under this section shall be in the form of cash or other admitted assets having readily determinable values and liquidity satisfactory to the Commissioner.

(2) In each annual statement, a stock insurer or mutual insurer shall report the amount of each loan or advance made under this section.
Md. Code, Financial Institutions § 3-404 — MD Code / Article gfi / Title 3 / Subtitle 4 / Section 3-404
§3–404.
Status: in_force

Each director of a commercial bank shall take an oath:

(1) To perform diligently and honestly the duties of the office; and

(2) Not to violate knowingly or permit knowingly a violation of any law that relates to the commercial bank.
Md. Code, Business Occupations and Professions § 3-209 — MD Code / Article gbo / Title 3 / Subtitle 2 / Section 3-209
§3–209.
Status: in_force

(a) (1) The Board may set reasonable fees for its services.

(2) The fees charged shall be set so as to produce funds to approximate the cost of maintaining the Board and shall be based on the calculations performed by the Secretary under § 2–106.2 of the Business Regulation Article.

(b) The Board shall publish the fee schedule set by the Board by regulation.

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

(2) The Comptroller shall distribute the fees to the State Occupational and Professional Licensing Design Boards’ Fund established in § 2–106.1 of the Business Regulation Article.
Md. Code, Education § 3-502 — MD Code / Article ged / Title 3 / Subtitle 5 / Section 3-502
§3–502.
Status: in_force

(a) The county board shall elect a chair and a vice chair from among its members at an annual meeting to be held on the second Tuesday in January.

(b) If there is a vacancy in the office of chair or vice chair, the county board shall elect a replacement within 30 days after the vacancy occurs.
Md. Code, Courts and Judicial Proceedings § 3-401 — MD Code / Article gcj / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: in_force

In this subtitle, “person” includes the State, any county, municipal corporation, or other political subdivisions of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity.
Md. Code, Courts and Judicial Proceedings § 3-8C-07 — MD Code / Article gcj / Title 3 / Subtitle 8C / Section 3-8C-07
§3–8C–07.
Status: in_force

A criminal defendant under this subtitle is subject to:

(1) Any conditions of probation authorized under § 6–220 of the Criminal Procedure Article; and

(2) Any additional condition of probation that would promote the child’s attendance in school.
Md. Code, Public Safety § 3-313 — MD Code / Article gps / Title 3 / Subtitle 3 / Section 3-313
§3–313.
Status: reserved

(a) (1) Except as provided in subsection (c) of this section, a commission is suspended or terminates when the employer of the special police officer files written notice with the Secretary that states that the special police officer is suspended from or relieved of the duties of a special police officer.

(2) The Governor may suspend or terminate a commission:

(i) on recommendation of the Secretary; or

(ii) on the Governor’s own motion if the Governor finds it in the best interest of the State.

(3) The suspension or termination shall be noted in the official records of the Governor.

(4) The suspension or termination may not take effect until 5 days after notice is sent to both the special police officer and the special police officer’s employer.

(b) (1) (i) The Governor may delegate the power to suspend a commission to the Secretary.

(ii) The Secretary may suspend a commission if it appears that the action is in the best interest of the public.

(iii) A suspension issued by the Secretary shall be reviewed by the Governor within 30 days to determine if the suspension should continue or if the commission should be terminated.

(2) The Governor may delegate the power to suspend or terminate a commission to the Secretary of State, the Deputy Secretary of State, or both.

(c) A commission does not terminate if:

(1) an employer no longer needs the services of a special police officer because the employer has transferred the business property described in the commission to another person for legal business purposes; and

(2) the other person executes a form prepared by the Secretary of State that affirms that the other person will employ the special police officer to protect that business property and will assume the responsibilities of the original employer as described in this subtitle.
Md. Code, Courts and Judicial Proceedings § 3-8A-06 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-06
§3–8A–06.
Status: in_force

(a) The court may waive the exclusive jurisdiction conferred by § 3–8A–03 of this subtitle with respect to a petition alleging delinquency by:

(1) A child who is 15 years old or older; or

(2) A child who has not reached his 15th birthday, but who is charged with committing an act that, if committed by an adult, would be punishable by life imprisonment.

(b) The court may not waive its jurisdiction under this section until after it has conducted a waiver hearing, held prior to an adjudicatory hearing and after notice has been given to all parties as prescribed by the Maryland Rules. The waiver hearing is solely to determine whether the court should waive its jurisdiction.

(c) (1) Notice of the waiver hearing shall be given to a victim as provided under § 11-104 of the Criminal Procedure Article.

(2) (i) A victim may submit a victim impact statement to the court as provided in § 11-402 of the Criminal Procedure Article.

(ii) This paragraph does not preclude a victim who has not filed a notification request form under § 11-104 of the Criminal Procedure Article from submitting a victim impact statement to the court.

(iii) The court may consider a victim impact statement in determining whether to waive jurisdiction under this section.

(d) (1) The court may not waive its jurisdiction under this section unless it determines, from a preponderance of the evidence presented at the hearing, that the child is an unfit subject for juvenile rehabilitative measures.

(2) For purposes of determining whether to waive its jurisdiction under this section, the court shall assume that the child committed the delinquent act alleged.

(e) In making its determination, the court shall consider the following criteria individually and in relation to each other on the record:

(1) Age of the child;

(2) Mental and physical condition of the child;

(3) The child’s amenability to treatment in any institution, facility, or program available to delinquents;

(4) The nature of the offense and the child’s alleged participation in it; and

(5) The public safety.

(f) If jurisdiction is waived under this section, the court shall order the child held for trial under the regular procedures of the court which would have jurisdiction over the offense if committed by an adult. The petition alleging delinquency shall be considered a charging document for purposes of detaining the child pending a bail hearing.

(g) An order waiving jurisdiction is interlocutory.

(h) If the court has once waived its jurisdiction with respect to a child in accordance with this section, and that child is subsequently brought before the court on another charge of delinquency, the court may waive its jurisdiction in the subsequent proceeding after summary review.
Md. Code, Corporations and Associations § 3-110 — MD Code / Article gca / Title 3 / Subtitle 1 / Section 3-110
§3–110.
Status: in_force

Articles of consolidation, merger, or share exchange shall be executed for each party to the articles in the manner required by Title 1 of this article.
Md. Code, Commercial Law § 3-402 — MD Code / Article gcl / Title 3 / Subtitle 4 / Section 3-402
§3–402.
Status: in_force

(a) If a person acting, or purporting to act, as a representative signs an instrument by signing either the name of the represented person or the name of the signer, the represented person is bound by the signature to the same extent the represented person would be bound if the signature were on a simple contract. If the represented person is bound, the signature of the representative is the “authorized signature of the represented person” and the represented person is liable on the instrument, whether or not identified in the instrument.

(b) If a representative signs the name of the representative to an instrument and the signature is an authorized signature of the represented person, the following rules apply:

(1) If the form of the signature shows unambiguously that the signature is made on behalf of the represented person who is identified in the instrument, the representative is not liable on the instrument.

(2) Subject to subsection (c), if (i) the form of the signature does not show unambiguously that the signature is made in a representative capacity or (ii) the represented person is not identified in the instrument, the representative is liable on the instrument to a holder in due course that took the instrument without notice that the representative was not intended to be liable on the instrument. With respect to any other person, the representative is liable on the instrument unless the representative proves that the original parties did not intend the representative to be liable on the instrument.

(c) If a representative signs the name of the representative as drawer of a check without indication of the representative status and the check is payable from an account of the represented person who is identified on the check, the signer is not liable on the check if the signature is an authorized signature of the represented person.
Md. Code, Alcoholic Beverages and Cannabis § 3-504 — MD Code / Article gab / Title 3 / Subtitle 5 / Section 3-504
§3–504.
Status: in_force

(a) In this section, “alcohol awareness program” means a program that:

(1) includes instruction on how alcohol affects an individual’s behavior and body;

(2) provides education on the dangers of drinking and driving; and

(3) defines effective methods to:

(i) determine whether a customer is under the legal drinking age;

(ii) serve customers to minimize the chance of intoxication; and

(iii) stop service before a customer becomes intoxicated.

(b) (1) This section applies to:

(i) a licensed premises that sells alcoholic beverages to a customer from a bar or service bar on the premises; and

(ii) a premises licensed to sell alcoholic beverages for off–premises consumption.

(2) This section does not apply to:

(i) a temporary license;

(ii) a Class E (on–sale) water vessel license;

(iii) a Class F (on–sale) railroad license; or

(iv) a Class G (on–sale) airplane license.

(c) The Executive Director:

(1) shall approve, certify, and issue an alcohol awareness program permit to each alcohol awareness program that complies with this section; and

(2) may require recertification of the approved alcohol awareness program to ensure compliance with changes in the program.

(d) Before an individual may teach an alcohol awareness program, the individual shall obtain an alcohol awareness instructor’s permit.

(e) A holder of any retail alcoholic beverages license or an employee designated by the holder shall complete training in an approved alcohol awareness program.

(f) (1) (i) For each completion of a certified alcohol awareness program, the alcohol awareness program provider shall issue a certificate of completion that is valid for 4 years from the date of issuance.

(ii) The holder or employee shall complete retraining in an approved alcohol awareness program for each successive 4–year period.

(iii) On request, a valid certificate shall be presented to the proper authority.

(2) Within 5 days after a license holder, an owner of an unlicensed establishment, or an employee of a license holder or owner of an unlicensed establishment is sent a certificate of completion, the alcohol awareness program provider shall inform the appropriate local licensing board of:

(i) the individual’s name, address, and certification date; and

(ii) the name and address of the licensed establishment or unlicensed establishment.

(g) The Executive Director may decertify the alcohol awareness program of an alcohol awareness program provider who violates subsection (c), (d), or (f) of this section.

(h) (1) Each local licensing board shall enforce this section.

(2) A license holder who violates subsection (e) of this section is subject to:

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

(ii) for each subsequent offense, a fine not to exceed $500 or a suspension or revocation of the license or both.

(i) (1) This section does not create or enlarge a civil cause of action or criminal proceeding against a license holder.

(2) Evidence of a violation of this section:

(i) may only be used as evidence before the local licensing board in an action brought before the local licensing board for a violation of this section; and

(ii) may not be introduced in a civil or criminal proceeding.
Md. Code, Courts and Judicial Proceedings § 3-830 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-830
§3–830.
Status: in_force

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

(2) “Advocate” or “C.A.S.A.” means a Court–Appointed Special Advocate.

(3) “Program” means a Court–Appointed Special Advocate service that is created in a county with the support of the court for that county to provide trained volunteers whom the court may appoint to:

(i) Provide the court with background information to aid it in making decisions in the child’s best interest; and

(ii) Ensure that the child is provided appropriate case planning and services.

(b) (1) There is a Court–Appointed Special Advocate Program.

(2) The purpose of the Program is to provide volunteers whose primary purpose is to ensure the provision of appropriate service and case planning consistent with the best interests of a child who is the subject of:

(i) A CINA proceeding;

(ii) A custody and guardianship proceeding under § 3–819.2 of this subtitle; or

(iii) A guardianship review proceeding under Title 5, Subtitle 3 of the Family Law Article.

(3) The Administrative Office of the Courts:

(i) Shall administer the Program;

(ii) Shall report annually to the Chief Justice of the Supreme Court of Maryland and, subject to § 2–1257 of the State Government Article, to the General Assembly regarding the operation of the Program; and

(iii) May adopt rules governing the implementation and operation of the Program including funding, training, selection, and supervision of volunteers.

(c) The Governor may include funds in the budget to carry out the provisions of this section.

(d) An advocate or a member of the administrative staff of the Program is not liable for an act or omission in providing services or performing a duty on behalf of the Program, unless the act or omission constitutes reckless, willful, or wanton misconduct or intentionally tortious conduct.
Md. Code, Alcoholic Beverages and Cannabis § 3-801 — MD Code / Article gab / Title 3 / Subtitle 8 / Section 3-801
§3–801.
Status: in_force

Subject to § 3–802 of this subtitle and except as provided in § 2–408 of this article, a license expires when the license holder dies.
Md. Code, Correctional Services § 3-220 — MD Code / Article gcs / Title 3 / Subtitle 2 / Section 3-220
§3–220.
Status: in_force

(a) The Division controls the financial affairs of each unit in the Division.

(b) A bill or account against a unit may not be paid unless it is approved by the Division.
Md. Code, Public Safety § 3-526 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-526
§3–526.
Status: in_force

(a) (1) This section applies only to publicly owned dogs that are:

(i) licensed under § 2–313 of this article; or

(ii) used by a State or local fire and rescue entity in fire and rescue work.

(2) A State or local law enforcement agency or State or local fire and rescue entity that removes from duty a dog used in law enforcement or fire and rescue work shall reimburse an individual who, under a written agreement with the law enforcement agency or State or local fire and rescue entity, takes possession of a law enforcement dog on or after October 1, 2020, or a fire and rescue dog on or after October 1, 2022, for reasonable and necessary veterinary treatment provided to the dog.

(3) Reimbursement under paragraph (2) of this subsection:

(i) may be only for usual and customary veterinary treatment that is not attributable to abuse or neglect of the dog and is verified by written receipt; and

(ii) may not exceed $2,500 during a calendar year and $10,000 over the life of the dog.

(4) (i) 1. A State law enforcement agency or fire and rescue entity may accept public donations to meet the requirements of this section.

2. The revenue from donations by the public shall be distributed to the K–9 Compassionate Care Fund, which is not subject to appropriation by the Governor, to be used only to meet the requirements of this section.

(ii) A local law enforcement agency or fire and rescue entity may establish a separate fund to accept and manage public donations in order to meet the requirements of this section.

(b) (1) In this section, “Fund” means the K–9 Compassionate Care Fund.

(2) There is a K–9 Compassionate Care Fund.

(3) The purpose of the Fund is to provide for veterinary care of retired State law enforcement dogs adopted under subsection (a) of this section.

(4) The Department of State Police shall administer the Fund.

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

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

(6) The Fund consists of:

(i) public donations accepted by a State law enforcement agency under subsection (a)(4) of this section;

(ii) money appropriated in the State budget to the Fund;

(iii) interest earnings; and

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

(7) The Fund may be used only for the reimbursement of usual and customary veterinary treatment that is not attributable to abuse or neglect of an adopted former State law enforcement dog that is verified by written receipts and for administrative expenses.

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

(9) Any interest earnings of the Fund shall be credited to the Fund.

(10) Expenditures from the Fund may be made only in accordance with the State budget.

(11) Money expended from the Fund for the veterinary care of retired State law enforcement dogs adopted under subsection (a) of this section is supplemental to and is not intended to take the place of funding that would otherwise be appropriated for the veterinary care of retired State law enforcement dogs.
Md. Code, Courts and Judicial Proceedings § 3-8A-17.3 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-17.3
§3–8A–17.
Status: in_force

§3–8A–17.3.

(a) (1) The qualified expert shall examine the child and prepare a report stating whether, in the expert’s opinion, the child is incompetent to proceed.

(2) In conducting the examination, the qualified expert shall review all available medical, educational, and court records concerning the child and the child’s case.

(3) In determining whether the child is incompetent to proceed, the qualified expert shall consider the following factors:

(i) The child’s age, maturity level, developmental stage, and decision–making abilities;

(ii) The capacity of the child to:

1. Appreciate the allegations against the child;

2. Appreciate the range and nature of allowable dispositions that may be imposed in the proceedings against the child;

3. Understand the roles of the participants and the adversary nature of the legal process;

4. Disclose to counsel facts pertinent to the proceedings at issue;

5. Display appropriate courtroom behavior; and

6. Testify relevantly; and

(iii) Any other factors that the qualified expert deems to be relevant.

(4) The written report submitted by the qualified expert shall:

(i) Identify the specific matters referred for evaluation;

(ii) Describe the procedures, techniques, and tests used in the examination and the purposes of each;

(iii) State the qualified expert’s clinical observations, findings, and opinions on each factor specified in paragraph (3) of this subsection, and identify those factors, if any, on which the qualified expert could not give an opinion; and

(iv) Identify the sources of information used by the qualified expert and present the factual basis for the qualified expert’s clinical findings and opinions.

(b) (1) If the qualified expert believes that the child is incompetent to proceed, the report shall describe the treatment that the qualified expert believes is necessary for the child to attain competency to proceed, and, in a separate report, shall state whether the child poses a danger to the child or to the person or property of others.

(2) In determining the treatment that is necessary for the child to attain competency to proceed, the qualified expert shall consider and report on the following:

(i) The mental illness, intellectual disability, developmental immaturity, or other developmental disability causing the child to be incompetent to proceed;

(ii) The treatment or education appropriate for the mental illness, intellectual disability, developmental immaturity, or other developmental disability of the child, and an explanation of each of the possible treatment or education alternatives, in order of recommendation;

(iii) The likelihood of the child attaining competency to proceed under the treatment or education recommended, an assessment of the probable duration of the treatment required to attain competency, and the probability that the child will attain competency to proceed in the foreseeable future; and

(iv) Whether the child meets the criteria for involuntary admission under Title 10, Subtitle 6, Part III of the Health – General Article.

(c) (1) All reports required under this section shall be filed with the court and served on the child’s counsel, the State’s Attorney, and the Department of Juvenile Services within 45 days after the court orders the examination.

(2) On good cause shown, the court may extend the time period specified in paragraph (1) of this subsection for an additional 15 days.

(3) Failure to file a complete report within the time periods specified in this subsection may not be, in and of itself, grounds for dismissal of the petition alleging delinquency.

(d) Counsel for the child may be present at an examination under this section.
Md. Code, Education § 3-5A-03 — MD Code / Article ged / Title 3 / Subtitle 5A / Section 3-5A-03
§3–5A–03.
Status: in_force

At its first meeting in December of each year, the county board shall elect a president and a vice president from among its members.
Md. Code, Environment § 3-408 — MD Code / Article gen / Title 3 / Subtitle 4 / Section 3-408
§3–408.
Status: in_force

A condition that is caused by an act of God, a strike, a riot, a catastrophe, or a cause over which an alleged violator has no control is not a violation of this title or any rule or regulation adopted under this title.
Md. Code, Criminal Law § 3-1203 — MD Code / Article gcr / Title 3 / Subtitle 12 / Section 3-1203
§3–1203.
Status: in_force

(a) A State’s Attorney or the Attorney General may investigate and prosecute a violation of this subtitle or a violation of any crime based on the act establishing a violation of this subtitle.

(b) If the Attorney General exercises authority under subsection (a) of this section, the Attorney General has all the powers and duties of a State’s Attorney to investigate and prosecute the violation.
Md. Code, Alcoholic Beverages and Cannabis § 3-301 — MD Code / Article gab / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: reserved

(a) Subject to subsection (b) of this section, a license holder or a receiver or trustee for the benefit of creditors may:

(1) transfer the license holder’s place of business to some other location; or

(2) transfer the license and the license holder’s inventory to another person.

(b) A transfer under subsection (a) of this section may be made if:

(1) an application for the transfer has been made;

(2) all sales and use, amusement, admission, and withholding taxes have been paid to the Comptroller;

(3) a bulk transfer permit has been obtained if the inventory of alcoholic beverages is to be transferred:

(i) in any manner, including by sale, gift, inheritance, and assignment; and

(ii) regardless of whether consideration is paid; and

(4) the Executive Director approves the new location or license holder in the same way the Executive Director approves the issuance of a license.

(c) An applicant may apply for a transfer of location and a transfer of ownership in the same application.
Md. Code, Labor and Employment § 3-403 — MD Code / Article gle / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

This subtitle does not apply to an individual who:

(1) is employed in a capacity that the Commissioner defines, by regulation, to be administrative, executive, or professional;

(2) is employed in a nonadministrative capacity at an organized camp, including a resident or day camp;

(3) is under the age of 16 years and is employed no more than 20 hours in a week;

(4) is employed as an outside salesman;

(5) is compensated on a commission basis;

(6) is a child, parent, spouse, or other member of the immediate family of the employer;

(7) is employed in a drive–in theater;

(8) is employed as part of the training in a special education program for emotionally, mentally, or physically handicapped students under a public school system;

(9) is employed by an employer who is engaged in canning, freezing, packing, or first processing of perishable or seasonal fresh fruits, vegetables, or horticultural commodities, poultry, or seafood;

(10) engages in the activities of a charitable, educational, nonprofit, or religious organization if:

(i) the service is provided gratuitously; and

(ii) there is, in fact, no employer–employee relationship;

(11) is employed in a cafe, drive–in, drugstore, restaurant, tavern, or other similar establishment that:

(i) sells food and drink for consumption on the premises; and

(ii) has an annual gross income of $400,000 or less;

(12) is employed in agriculture if, during each quarter of the preceding calendar year, the employer used no more than 500 agricultural–worker days;

(13) is engaged principally in the range production of livestock;

(14) is employed as a hand–harvest laborer and is paid on a piece–rate basis in an operation that, in the region of employment, has been and customarily and generally is recognized as having been paid on that basis, if:

(i) the individual:

1. commutes daily from the permanent residence of the individual to the farm where the individual is employed; and

2. during the preceding calendar year, was employed in agriculture less than 13 weeks; or

(ii) the individual:

1. is under the age of 17;

2. is employed on the same farm as a parent of the individual or a person standing in the place of the parent; and

3. is paid at the same rate that an employee who is at least 17 years old is paid on the same farm;

(15) is a covered employee under the Secure Maryland Wage Act; or

(16) (i) has entered into a contract to play baseball at the minor league level; and

(ii) is compensated in accordance with the terms of a collective bargaining agreement that expressly states the wages and working conditions of employees.
Md. Code, Labor and Employment § 3-1407 — MD Code / Article gle / Title 3 / Subtitle 14 / Section 3-1407
§3–1407.
Status: in_force

(a) An employer may not:

(1) violate any provision of this subtitle;

(2) hinder, delay, or otherwise interfere with the Commissioner or an authorized representative of the Commissioner in the enforcement of this subtitle; or

(3) discharge or otherwise discriminate against an employee because the employee has:

(i) requested or taken organ donation leave authorized under this subtitle;

(ii) made a complaint to the employer, the Commissioner, or another person; or

(iii) testified or will testify in an action under this subtitle or a proceeding that relates to the subject of this subtitle.

(b) The Commissioner may bring an action for injunctive relief and damages against a person who violates subsection (a)(1) or (3) of this section.
Md. Code, Public Safety § 3-513 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-513
§3–513.
Status: in_force

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

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

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

(b) (1) A law enforcement agency shall provide a retiring law enforcement officer with an identification card under this section within 45 days after the officer’s retirement from the agency if the officer:

(i) meets the requirements of subsection (c) of this section; and

(ii) pays the fee set by the agency under paragraph (3) of this subsection.

(2) If a law enforcement officer retired before October 1, 2015, on request of the retired officer, the law enforcement agency from which the officer retired shall provide the officer with an identification card under this section within 60 days after the officer makes the request if the officer:

(i) meets the requirements of subsection (c) of this section; and

(ii) pays the fee set by the agency under paragraph (3) of this subsection.

(3) A law enforcement agency may charge a reasonable fee not exceeding $20 for each identification card or replacement card issued under this section.

(c) To qualify for an identification card under this section, a law enforcement officer:

(1) shall have retired in good standing as a law enforcement officer for reasons other than mental instability; and

(2) before retirement shall have:

(i) been certified by the Commission;

(ii) had statutory powers of arrest in the State; and

(iii) completed an applicable probationary period.

(d) An identification card issued under this section shall be in the form approved by the Commission and include:

(1) the caption “Retired Law Enforcement Officer” printed on the front of the card;

(2) a photograph of the retired law enforcement officer whose name appears on the card;

(3) the name of the retired law enforcement officer;

(4) the name of the law enforcement agency that issued the card;

(5) the date the card was issued and a statement that the card does not expire; and

(6) the following statement: “This card is the property of the issuing law enforcement agency.”.
Md. Code, Labor and Employment § 3-1504 — MD Code / Article gle / Title 3 / Subtitle 15 / Section 3-1504
§3–1504.
Status: in_force

An employer may not take or refuse to take a personnel action or otherwise retaliate or discriminate against an applicant or employee as a reprisal for the applicant or employee having claimed a violation of this subtitle.
Md. Code, Natural Resources § 3-1006 — MD Code / Article gnr / Title 3 / Subtitle 10 / Section 3-1006
§3–1006.
Status: in_force

(a) The Council shall:

(1) Study and provide analysis regarding standards and factors relevant to the establishment of Coast Smart siting criteria and design criteria;

(2) Develop siting and design criteria to establish and implement Coast Smart practices and requirements;

(3) Develop eligibility criteria, standards, and procedures for applying for and obtaining a waiver from compliance with the Coast Smart requirements;

(4) Establish procedures for evaluating Coast Smart waiver applications that include the consideration of proposed capital projects with regard to:

(i) The anticipated need to prepare for, respond to, and recover from extreme weather events, sea level rise inundation, coastal flooding, storm surges, and shoreline erosion; and

(ii) The need to prevent danger to life and property and to avoid environmental, socio–economic, and economic harm; and

(5) Develop eligibility criteria, standards, and procedures for categorical exemptions from the application of the Coast Smart requirements for proposed capital projects that have been designed to include adaptation and resiliency features to prevent or mitigate damage to the maximum extent practicable.

(b) The Council may recommend regulations for adoption by the Secretary to carry out the provisions of this subtitle.

(c) The chair of the Council may establish subcommittees consisting of members of the Council, experts in fields related to climate change and sea level rise, and interested parties to address or study specific issues.
Md. Code, Education § 3-802 — MD Code / Article ged / Title 3 / Subtitle 8 / Section 3-802
§3–802.
Status: in_force

At its first meeting at the beginning of each year, the county board shall elect a president and a vice president from among its voting members.
Md. Code, Health - General § 3-304 — MD Code / Article ghg / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

(a) The health officer for a county is entitled to:

(1) The salary provided in the State budget;

(2) Reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget; and

(3) Any additional salary that the county provides.

(b) Except as otherwise provided by law, each health officer is a special appointment in the State Personnel Management System.
Md. Code, Education § 3-102 — MD Code / Article ged / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

The geographical boundary of each county school system is the same as the geographical boundary of the county.
Md. Code, Financial Institutions § 3-607 — MD Code / Article gfi / Title 3 / Subtitle 6 / Section 3-607
§3–607.
Status: in_force

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

(2) “Demand deposit” means a deposit that is payable within 30 days.

(3) (i) “Time deposit” means a deposit that is payable after 30 days.

(ii) “Time deposit” includes a savings account or certificate of deposit that requires at least a 30–day notice before payment.

(b) This section does not apply to any deposit of public funds for which the commercial bank pledges collateral.

(c) (1) A commercial bank shall have at all times a reserve equal to at least 15 percent of its demand deposits.

(2) The board of directors of a commercial bank by resolution shall direct the commercial bank to keep the demand deposit reserve required by this section in:

(i) Cash on hand;

(ii) Demand deposits in a bank of good standing in any state; or

(iii) As to 5 percent of its demand deposits, on approval of the Commissioner:

1. Registered or coupon bonds; or

2. General obligations of or obligations guaranteed by the United States government, an agency of the United States government, this State, or any political subdivision.

(d) (1) A commercial bank shall have at all times a reserve equal to at least 3 percent of its time deposits.

(2) The board of directors of a commercial bank by resolution shall direct the commercial bank to keep the time deposit reserves required by this section in:

(i) Cash on hand;

(ii) Deposits in a bank of good standing in any state; or

(iii) Direct obligations of the United States government or of this State.

(e) (1) If the Commissioner determines that a change in the demand deposit reserve or in the time deposit reserve requirements is advisable to maintain sound banking practices or to prevent injurious credit expansion or contraction, the Commissioner may change the requirements as provided in this subsection.

(2) Subject to paragraph (3) of this subsection, the Commissioner may adopt rules or regulations to change the requirements as to reserves for commercial banks.

(3) The rules and regulations may:

(i) Increase the demand deposit reserve to an amount equal to not more than 30 percent of those deposits;

(ii) Increase the time deposit reserve to an amount equal to not more than 6 percent of those deposits;

(iii) Decrease the demand deposit reserve to an amount equal to not less than 15 percent of those deposits;

(iv) Decrease the time deposit reserve to an amount equal to not less than 3 percent of those deposits; and

(v) Notwithstanding items (i) through (iv) of this paragraph, increase or decrease the demand deposit reserve or time deposit reserve to conform to the reserve requirements that apply to a member bank of the Federal Reserve System.
Md. Code, Agriculture § 3-103 — MD Code / Article gag / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

(a) The Secretary may cooperate with the Department of Agriculture of the United States or other properly constituted agency of the federal government, to eradicate or control any contagious or infectious disease among livestock or poultry in the State, if the agreement provides that any work shall be controlled by the State.

(b) In the event of an epidemic of contagious or infectious disease among livestock or poultry in the State, the Secretary may appoint the assistants necessary to suppress promptly the epidemic. The Secretary shall fix compensation for the assistants.
Md. Code, Business Occupations and Professions § 3-101 — MD Code / Article gbo / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

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

(b) “Architect” means an individual who practices architecture.

(c) “Board” means, unless the context requires otherwise, the State Board of Architects.

(d) “Code official” means a public official responsible for the review of building permit documents or the issuance of building permits.

(e) “Contact hour” means a minimum of 50 minutes of actual class time for each 60–minute hour.

(f) “Design coordination” means the review and coordination of services provided by individuals licensed or certified under Titles 3, 8, 9, 14, and 15 of this article.

(g) “License” means, unless the context requires otherwise, a license issued by the Board to practice architecture.

(h) “License fee” means, as applicable, the fee paid in connection with the issuance and renewal of a license and the issuance of a reciprocal license.

(i) “Licensed architect” means, unless the context requires otherwise, an architect who is licensed by the Board to practice architecture.

(j) “Permit” means, unless the context requires otherwise, a permit issued by the Board to allow a partnership or corporation to operate a business through which an individual may practice architecture.

(k) “Permit fee” means, as applicable, the fee paid in connection with the issuance and renewal of a permit.

(l) (1) “Practice architecture” means to provide any service or creative work:

(i) in regard to an addition to, alteration of, or construction of a building or an integral part of a building; and

(ii) that requires education, training, and experience in architecture.

(2) “Practice architecture” includes:

(i) architectural design and preparation of related documents;

(ii) consultation;

(iii) design coordination;

(iv) evaluation;

(v) investigation; and

(vi) planning.

(m) “Public use” means the use of a building or other structure for the primary purpose of human use or habitation.

(n) “Residential use” means the use of a building or other structure as a dwelling.
Md. Code, Business Occupations and Professions § 3-403 — MD Code / Article gbo / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

(a) Except as provided in subsection (b) of this section, a corporation, limited liability company, or partnership shall hold a permit issued by the Board before the corporation, limited liability company, or partnership may operate a business through which architecture is practiced.

(b) A corporation, limited liability company, or partnership may provide architectural services for itself or for an affiliated corporation, limited liability company, or partnership without a permit issued by the Board.
Md. Code, Labor and Employment § 3-1101 — MD Code / Article gle / Title 3 / Subtitle 11 / Section 3-1101
§3–1101.
Status: in_force

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

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

(c) “Lien for unpaid wages” means a lien for the amount of wages owed to an employee and penalties authorized under this title or other provisions of law against real or personal property owned by an employer and located in the State.

(d) “Wages” does not include commissions.
Md. Code, Real Property § 3-101 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

(a) Except as otherwise provided in this section, no estate of inheritance or freehold, declaration or limitation of use, estate above seven years, or deed may pass or take effect unless the deed granting it is executed and recorded.

(b) Subsection (a) of this section does not limit any other method of transferring or creating an estate, declaration, or limitation which is permitted by the law of the State except to the extent required by law.

(c) The recording requirement of subsection (a) of this section does not apply to any lease for an initial term not exceeding seven years if each renewal term under the lease (i) is for seven years or less, and (ii) by the provisions of the lease, may be effected or prevented by a party to the lease or his assigns.

(d) If a lease required to be executed and recorded under the provisions of subsection (a) of this section is executed but not recorded, the lease is valid and fully effective both at law and in equity (i) between the original parties to the lease and their personal representatives, (ii) against their creditors, and (iii) against and for the benefit of any other person who claims by, through, or under an original party and who acquires the interest claimed with actual notice of the lease or at a time when the tenant, or anyone claiming by, through, or under the tenant, is in such actual occupancy as to give reasonable notice to the person.

(e) In lieu of recording a lease as prescribed above, a memorandum of the lease, executed by every person who is a party to the lease, may be recorded with like effect. A memorandum of lease thus entitled to be recorded shall contain at least the following information with respect to the lease: (1) the name of the lessor and the name of the lessee; (2) any addresses of the parties set forth in the lease; (3) a reference to the lease, with its date of execution; (4) a description of the leased premises in the form contained in the lease; (5) the term of the lease, with the date of commencement and the date of termination of the term; and (6) if there is a right of extension or renewal, the maximum period for which or date to which it may be renewed, and any date on which the right of extension or renewal is exercisable. If any date is unknown, then the memorandum of lease shall contain the formula from which the date is to be computed. When a memorandum of lease is presented for recording, the lease also shall be submitted to the recording office for the purpose of examination to determine whether or not the lease or the memorandum authorized by this section is subject to any transfer or other tax or requires any recording stamp. The clerk shall stamp the lease when submitted so that it may be identified as the instrument presented to the clerk at the time of recording the memorandum, and the clerk shall collect any required tax.

(f) (1) In this subsection, “option” includes any agreement or contract creating:

(i) An option with respect to the purchase, lease, or grant of property; or

(ii) A right of first refusal, a right of first offer, or similar right, with respect to the purchase, lease, or grant of property.

(2) In lieu of recording an option as prescribed above, a memorandum of the option, executed by each person who is a party to the option, may be recorded with like effect.

(3) A memorandum of option thus entitled to be recorded shall contain at least the following information with respect to the option:

(i) The name of the parties to the option;

(ii) Any addresses of the parties set forth in the option;

(iii) A reference to the option, with its date of execution;

(iv) A description of the property affected by the option in the form contained in the option;

(v) The nature of the right or interest created;

(vi) If stated, the term of the option, with the date of commencement and the date of termination of the term; and

(vii) If there is a right of extension or renewal, the maximum period for which or date to which it may be renewed, and any date on which the right of extension or renewal is exercisable.

(4) If any date is unknown, then the memorandum of option shall contain the formula, if any, from which the date is to be computed.
Md. Code, Insurance § 3-109 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-109
§3–109.
Status: in_force

(a) If the minimum surplus of a stock insurer required to be maintained by § 4-105 of this article becomes impaired, or if the assets of a mutual insurer are less than its liabilities and the minimum amount of surplus required to be maintained by §§ 3-106 and 3-107 of this subtitle for authority to engage in the kinds of insurance business being transacted, the Commissioner immediately shall:

(1) determine the amount of deficiency; and

(2) serve notice on the insurer to cure the deficiency within 60 days after service of the notice.

(b) An insurer may cure the deficiency:

(1) in cash or in assets eligible for the investment of the insurer’s funds under Title 5, Subtitle 5 or Subtitle 6 of this article;

(2) if a stock insurer, by reducing its capital to an amount not below the minimum required for the kinds of insurance that the stock insurer will transact; or

(3) if a mutual insurer, by amending its certificate of authority to cover only the kinds of insurance for which the mutual insurer has sufficient surplus under this article.

(c) (1) Except as provided in paragraph (2) of this subsection, if an insurer does not cure the deficiency and file proof that it has done so with the Commissioner within the 60-day period:

(i) the insurer is considered insolvent; and

(ii) the Commissioner shall institute delinquency proceedings against the insurer under Title 9, Subtitle 2 of this article.

(2) If the deficiency exists because the Commissioner required increased loss reserves, disallowed certain assets, or reduced the value at which certain assets are carried in the insurer’s accounts, the Commissioner, on application and good cause shown, may extend for not more than an additional 60 days the period within which the insurer may cure the deficiency and file proof that it has done so.

(d) The directors of an insurer are individually liable for losses incurred under policies that are issued by the insurer:

(1) after expiration of the period provided for curing a deficiency of the insurer’s capital stock or surplus; and

(2) before the deficiency is cured.
Md. Code, Transportation § 3-210 — MD Code / Article gtr / Title 3 / Subtitle 2 / Section 3-210
§3–210.
Status: in_force

(a) The Department may issue its bond anticipation notes, payable to the bearer or registered holder of the notes out of the first proceeds of the next sale of consolidated transportation bonds.

(b) The resolution authorizing the issuance of bond anticipation notes may provide for the issuance of these notes in series, as funds are required, and for the renewal of these notes at maturity, with or without resale.

(c) The issuance of bond anticipation notes, the details of their issuance, the rights of their holders, and the rights, duties, and obligations of the Department with respect to them are governed by the provisions of this subtitle relating to the issuance of the bonds in anticipation of the sale of which the notes are issued, insofar as those provisions may be applicable.
Md. Code, Public Safety § 3-205 — MD Code / Article gps / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

(a) A majority of the Commission is a quorum.

(b) The Commission shall meet in the State at the times that it or its chairman determines.

(c) A member of the Commission:

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

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

(d) The Commission shall:

(1) maintain minutes of its meetings and any other records that it considers necessary; and

(2) provide information, on request, regarding the budget, activities, and programs of the Commission.
Md. Code, Land Use § 3-301 — MD Code / Article glu / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

(a) At least once every 10 years, each planning commission shall review the comprehensive plan and, if necessary, revise or amend the comprehensive plan to include all:

(1) the elements required under Subtitle 1 of this title; and

(2) the visions set forth in § 1–201 of this article.

(b) The planning commission may prepare comprehensive plans for one or more geographic sections or divisions of the local jurisdiction if the plan for each geographic section or division is reviewed and, if necessary, revised or amended at least once every 10 years.
Md. Code, Health Occupations § 3-303 — MD Code / Article gho / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

(a) To apply for a license, an applicant shall submit to the Board at least 45 days before an examination:

(1) An application on the form the Board requires that includes information of the applicant’s:

(i) Educational history;

(ii) Experience in health care;

(iii) Courses taken during chiropractic studies;

(iv) Training or studies in related fields; and

(v) Preceptorship experience;

(2) Certified transcripts that demonstrate compliance with the requirements of § 3–302 of this subtitle;

(3) Proof of any degrees or certification alleged;

(4) Satisfactory evidence of good moral character;

(5) An application fee set by the Board; and

(6) Satisfactory evidence of having completed a State and national criminal history records check in accordance with § 3–302.1 of this subtitle.

(b) An application shall be signed by the applicant and verified.

(c) The applicant shall pay an application fee set by the Board for any subsequent application and examination.
Md. Code, Courts and Judicial Proceedings § 3-8A-20.1 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-20.1
§3–8A–20.
Status: in_force

§3–8A–20.1.

(a) (1) In this section, “treatment service plan” means a plan recommended at a disposition hearing under § 3–8A–19 of this subtitle or at a disposition review hearing under this section by the Department of Juvenile Services to the court proposing specific assistance, guidance, treatment, or rehabilitation of a child.

(2) In making a treatment service plan, a juvenile counselor shall meet with the child who is the subject of the treatment service plan and the child’s parent, guardian, or legal custodian to discuss the treatment service plan.

(3) If a child’s parent, guardian, or legal custodian is unable or refuses to meet with the juvenile counselor, the treatment service plan shall indicate that the parent, guardian, or legal custodian is unable or refuses to meet, and the reason for the inability or refusal to meet, if known.

(4) At a minimum, the treatment service plan shall include:

(i) The recommended level of supervision for the child;

(ii) Specific goals for the child and family to meet, along with timelines for meeting those goals;

(iii) A statement of any condition that the child’s parent, guardian, or legal custodian must change in order to alleviate any risks to the child;

(iv) A statement of the services to be provided to the child and child’s family; and

(v) Any other information that may be necessary to make a disposition consistent with the child’s best interests and the protection of the public interest.

(b) (1) In making a disposition on a petition under § 3–8A–19 of this subtitle, if the court adopts a treatment service plan, the Department of Juvenile Services shall ensure that implementation of the treatment service plan occurs within 25 days after the date of disposition.

(2) If a treatment service plan requires specified supervision, mentoring, mediation, monitoring, or placement, implementation of the treatment service plan is considered to have occurred only when the supervision, mentoring, mediation, monitoring, or placement occurs.

(3) The Department of Juvenile Services shall provide certification in writing to the court within 25 days after the date of disposition whether implementation of the treatment service plan has occurred and explain attempts made to ensure implementation.

(4) The Department of Juvenile Services shall forward a copy of the certification described in paragraph (3) of this subsection to the Commission on Juvenile Justice Reform and Emerging and Best Practices under § 9–3502 of the State Government Article so that the Commission may evaluate patterns of failed implementation.

(c) (1) If a treatment service plan is not implemented by the Department of Juvenile Services within 25 days under subsection (b)(3) of this section, the court shall schedule, within 7 days after receipt of the certification, a disposition review hearing to be held within 30 days after receipt of the certification.

(2) The court shall give at least 7 days’ notice of the date and time of the disposition review hearing to each party and to the Department of Juvenile Services.

(d) (1) The court shall hold a disposition review hearing unless the Department of Juvenile Services certifies in writing to the court prior to the hearing that implementation of the treatment service plan has occurred.

(2) At a disposition review hearing, the court may:

(i) Revise, in accordance with the provisions of § 3–8A–19 of this subtitle, the disposition previously made; and

(ii) Revise the treatment service plan previously adopted.

(e) This section may not be construed to provide entitlement to services not otherwise provided by law.

(f) The Supreme Court of Maryland may adopt rules to implement the provisions of this section.
Md. Code, Courts and Judicial Proceedings § 3-1803 — MD Code / Article gcj / Title 3 / Subtitle 18 / Section 3-1803
§3–1803.
Status: in_force

(a) Except as provided in § 3–1804 of this subtitle, a mediator or any person present or otherwise participating in a mediation at the request of a mediator:

(1) Shall maintain the confidentiality of all mediation communications; and

(2) May not disclose or be compelled to disclose mediation communications in any judicial, administrative, or other proceeding.

(b) Except as provided in § 3–1804 of this subtitle:

(1) A party to a mediation and any person present or otherwise participating in the mediation at the request of a party may not disclose or be compelled to disclose mediation communications in any judicial, administrative, or other proceeding; and

(2) The parties may enter into a written agreement to maintain the confidentiality of all mediation communications and may require any person present or otherwise participating in the mediation at the request of a party to maintain the confidentiality of all mediation communications.
Md. Code, Courts and Judicial Proceedings § 3-8A-20 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-20
§3–8A–20.
Status: in_force

(a) Except as provided in subsection (c) of this section, a party is entitled to the assistance of counsel at every stage of any proceeding under this subtitle.

(b) (1) Except as provided in paragraph (3) of this subsection, a child may not waive the right to the assistance of counsel in a proceeding under this subtitle.

(2) A parent, guardian, or custodian of a child may not waive the child’s right to the assistance of counsel.

(3) After a petition or citation has been filed with the court under this subtitle, if a child indicates a desire to waive the right to the assistance of counsel, the court may not accept the waiver unless:

(i) The child is in the presence of counsel and has consulted with counsel; and

(ii) The court determines that the waiver is knowing and voluntary.

(4) In determining whether the waiver is knowing and voluntary, the court shall consider, after appropriate questioning in open court and on the record, whether the child fully comprehends:

(i) The nature of the allegations and the proceedings, and the range of allowable dispositions;

(ii) That counsel may be of assistance in determining and presenting any defenses to the allegations of the petition, or other mitigating circumstances;

(iii) That the right to the assistance of counsel in a delinquency case, or a child in need of supervision case, includes the right to the prompt assignment of an attorney, without charge to the child if the child is financially unable to obtain private counsel;

(iv) That even if the child intends not to contest the charge or proceeding, counsel may be of substantial assistance in developing and presenting material that could affect the disposition; and

(v) That among the child’s rights at any hearing are the right to call witnesses on the child’s behalf, the right to confront and cross–examine witnesses, the right to obtain witnesses by compulsory process, and the right to require proof of any charges.

(c) (1) A party is not entitled to the assistance of counsel at a peace order proceeding.

(2) Paragraph (1) of this subsection does not affect the entitlement of a respondent to the assistance of counsel in a contempt proceeding as provided by law.

(d) (1) Unless the case is dismissed, if a child appears in court without counsel for a waiver hearing under § 3–8A–06 of this subtitle, or an adjudicatory hearing under § 3–8A–18 of this subtitle, and the child has not previously waived the right to the assistance of counsel in accordance with subsection (b) of this section, the court shall continue and the clerk shall reschedule the waiver or adjudicatory hearing.

(2) The clerk shall issue a notice of the date, time, and location of the hearing at least 10 days prior to the date of the hearing.

(3) (i) The Office of the Public Defender shall enter an appearance for the child.

(ii) After entry of its appearance, the Office of the Public Defender shall verify eligibility for continued public defender representation in accordance with § 16–210 of the Criminal Procedure Article and the Maryland Rules.

(4) The continuance of a waiver or adjudicatory hearing under this subsection may not be a basis for detaining the child under § 3–8A–15 of this subtitle.
Md. Code, Transportation § 3-519 — MD Code / Article gtr / Title 3 / Subtitle 5 / Section 3-519
§3–519.
Status: in_force

(a) The Department may from time to time issue revenue refunding bonds under this subtitle for:

(1) Refunding any bonds issued under this subtitle, including the payment of any redemption premium on the bonds and any interest accrued or to accrue to the date of redemption of the bonds; and

(2) Refunding any bonds issued under Subtitle 3 of this title.

(b) This issuance of refunding bonds under this section, the details of their issuance, the rights of their holders, and the rights, duties, and obligations of the Department with respect to them are governed by the provisions of this subtitle relating to revenue bonds, insofar as those provisions may be applicable, except that the issuance of such refunding bonds and the obligations with respect to them are not subject to the provisions of § 3-516 of this subtitle.
Md. Code, Business Occupations and Professions § 3-402 — MD Code / Article gbo / Title 3 / Subtitle 4 / Section 3-402
§3–402.
Status: in_force

(a) (1) Subject to the provisions of this subtitle, a licensed architect may practice architecture for others through:

(i) a corporation as an officer, director, employee, or agent of the corporation;

(ii) a limited liability company as a member, employee, or agent of the limited liability company; or

(iii) a partnership as a partner, employee, or agent of the partnership.

(2) Subject to the provisions of this subtitle, a corporation, limited liability company, or partnership may provide architectural services through a licensed architect.

(b) A licensed architect who practices architecture through a corporation, limited liability company, or partnership under this subtitle is subject to all of the provisions of this title that relate to practicing architecture.

(c) (1) A corporation, limited liability company, or partnership that provides architectural services under this subtitle is not, by its compliance with this subtitle, relieved of any responsibility that the corporation, limited liability company, or partnership may have for an act or omission of its officer, director, member, partner, employee, or agent.

(2) An individual who practices architecture through a corporation, limited liability company, or partnership is not, by reason of the individual’s employment or other relationship with the corporation, limited liability company, or partnership, relieved of any individual responsibility that the individual may have regarding that practice.
Md. Code, Financial Institutions § 3-316 — MD Code / Article gfi / Title 3 / Subtitle 3 / Section 3-316
§3–316.
Status: in_force

(a) Unless the charter provides otherwise, a stockholder does not have any preemptive rights with respect to:

(1) Stock issued to obtain any of the capital required to initiate the enterprise of the State bank or trust company;

(2) Stock issued for at least its fair value in exchange for consideration other than money;

(3) Stock remaining unsubscribed for after being offered to stockholders;

(4) Treasury stock sold for at least its fair value;

(5) Stock issued or issuable under an agreement of merger;

(6) Stock which is not presently entitled to be voted in the election of directors issued for at least its fair value;

(7) Stock, including treasury stock, issued to an officer or other employee of the State bank or trust company or its subsidiary on terms and conditions approved by the stockholders by the affirmative vote of two-thirds of all the votes entitled to be cast on the matter; and

(8) Any other issuance of shares if the applicability of preemptive rights is impracticable.

(b) In the absence of actual fraud or gross disparity in the determination, the fair value of stock determined by the board of directors and recorded in the resolution authorizing the issuance is conclusive.

(c) Unless the articles of incorporation provide otherwise, holders of the following securities do not have any preemptive rights:

(1) Bonds, notes, debentures, or other obligations convertible into stock; and

(2) Stock not presently entitled to be voted in the election of directors.
Md. Code, Courts and Judicial Proceedings § 3-2A-08A — MD Code / Article gcj / Title 3 / Subtitle 2A / Section 3-2A-08A
§3–2A–08A.
Status: in_force

(a) In this section, “costs” means the costs described under Maryland Rule 2-603.

(b) This section does not apply to cases dismissed following a settlement.

(c) (1) At any time not less than 45 days before the trial begins, a party to an action for a medical injury may serve on the adverse party an offer of judgment to be taken for the amount of money specified in the offer, with costs then accrued.

(2) When the liability of one party to another has been determined by verdict or order or judgment, but the amount or extent of the liability remains to be determined by further proceedings, a party adjudged liable or a party in whose favor liability was determined may make an offer of judgment not less than 45 days before the commencement of hearings to determine the amount or extent of liability.

(d) (1) If within 15 days after the service of the offer of judgment, the adverse party serves written notice that the offer is accepted, either party may then file with the court the offer and notice of acceptance together with an affidavit of service notifying the other parties of the filing of the offer and acceptance.

(2) If the court receives the filings specified in paragraph (1) of this subsection, the court shall enter judgment.

(e) (1) If an adverse party does not accept an offer of judgment within the time specified in subsection (d)(1) of this section, the offer shall be deemed withdrawn and evidence of the offer is not admissible except in a proceeding to determine costs.

(2) An offer of judgment that is not accepted does not preclude a party from making a subsequent offer of judgment in the time specified in this section.

(f) If the judgment finally obtained is not more favorable to the adverse party than the offer, the adverse party who received the offer shall pay the costs of the party making the offer incurred after the making of the offer.
Md. Code, Health - General § 3-305 — MD Code / Article ghg / Title 3 / Subtitle 3 / Section 3-305
§3–305.
Status: in_force

(a) (1) The governing body of each county shall establish, by ordinance or resolution, the process by which the county evaluates its health officer.

(2) The Secretary shall establish, by rule or regulation, the process by which the Secretary evaluates health officers.

(b) (1) At least annually, the health officer for a county shall be evaluated, in writing, by the Secretary and by the county.

(2) The Secretary and the county each shall review their respective evaluations of a health officer with the health officer.
Md. Code, Human Services § 3-601 — MD Code / Article ghu / Title 3 / Subtitle 6 / Section 3-601
§3–601.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, the attorney to, or an attorney designated by, the local governing authority in each county or an attorney employed by the State shall institute and defend each civil action in which the local department is a party.

(2) In Cecil County, the local department may secure the services of attorneys to represent it in all legal matters affecting the local department.

(b) Actions in which the local department is a party shall be instituted in the name of the local department.

(c) (1) The court may award attorney’s fees to an attorney representing a local department in an action to recover:

(i) from the estate of a recipient of any type of public assistance, the amount paid to the recipient during the recipient’s lifetime; or

(ii) from a recipient of any type of public assistance, the amount paid to the recipient before the recipient receives any property or income in excess of the amount stated in the recipient’s application for assistance and in excess of the recipient’s need.

(2) The amount of fees awarded by the court shall be deducted from the gross amount of the recovery in the action.

(3) The net amount of the recovery shall be turned over to the local department to be divided among the State, the county, and the federal government in proportion to the amount paid by each.

(d) (1) Except as otherwise provided, an attorney who provides any other legal services on behalf of a local department shall be paid the fees the Department sets.

(2) Attorney’s fees under this subsection shall be paid out of regular administrative funds.
Md. Code, Election Law § 3-305 — MD Code / Article gel / Title 3 / Subtitle 3 / Section 3-305
§3–305.
Status: in_force

(a) During early voting, an individual may appear in person at an early voting center in the individual’s county of residence and apply to register to vote or change the voter’s address on an existing voter registration.

(b) (1) When applying to register to vote during early voting, the applicant shall provide proof of residency.

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

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

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

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

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

(c) (1) When an individual applies to register to vote at an early voting center, the election judge shall determine whether the applicant resides in the county in which the applicant applied and is qualified to become a registered voter.

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

(i) issue the voter a voter authority card;

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

(iii) issue the voter a ballot.

(d) (1) When a voter applies to change the voter’s address during early voting, the election judge shall determine whether the voter resides in the county in which the voter seeks to vote.

(2) If the voter is a resident of the county, the election judge shall:

(i) issue the voter a voter authority card;

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

(iii) issue the voter the appropriate ballot for the voter’s new address.

(e) The State Board shall adopt regulations and procedures in accordance with the requirements of this section for the administration of voter registration during early voting.
Md. Code, Commercial Law § 3-407 — MD Code / Article gcl / Title 3 / Subtitle 4 / Section 3-407
§3–407.
Status: in_force

(a) “Alteration” means (i) an unauthorized change in an instrument that purports to modify in any respect the obligation of a party, or (ii) an unauthorized addition of words or numbers or other change to an incomplete instrument relating to the obligation of a party.

(b) Except as provided in subsection (c), an alteration fraudulently made discharges a party whose obligation is affected by the alteration unless that party assents or is precluded from asserting the alteration. No other alteration discharges a party, and the instrument may be enforced according to its original terms.

(c) A payor bank or drawee paying a fraudulently altered instrument or a person taking it for value, in good faith and without notice of the alteration, may enforce rights with respect to the instrument (i) according to its original terms, or (ii) in the case of an incomplete instrument altered by unauthorized completion, according to its terms as completed.
Md. Code, Human Services § 3-502 — MD Code / Article ghu / Title 3 / Subtitle 5 / Section 3-502
§3–502.
Status: in_force

The Baltimore City Social Services Commission shall be appointed in accordance with Article VII, § 58 of the Charter of Baltimore City, 1996 Edition.
Md. Code, Natural Resources § 3-902 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-902
§3–902.
Status: in_force

For the benefit of the people of the State of Maryland, the increase of their commerce, welfare and prosperity, and the improvement of their health and living conditions, it is essential that provision be made for the efficient collection and disposal of waste on a regional basis from both public and private sources in compliance with State and federal laws, regulations, and policies and for the generation of energy and the recovery of useable resources from such waste to the extent practicable. It is the purpose of this subtitle to assist certain participating political subdivisions of this State, other public entities and the private sector of the economy to provide adequate waste disposal facilities (including those which provide for energy generation and resource recovery) and facilities for the generation of steam, electricity, or other forms of energy from fuels which are derived from or are otherwise related to waste disposal facilities by providing a regional coordinating agency and a financing vehicle for such facilities. It is the purpose of this subtitle to assist the participating counties to effect waste disposal programs on a regional basis and to that end this subtitle provides for the creation of the Authority. It is the intention and purpose of this subtitle that, without in any way limiting the discretion of the Authority, the Authority and the Maryland Environmental Service cooperate to the maximum extent practicable in effecting a regional waste disposal program in the participating counties.
Md. Code, Education § 3-1102 — MD Code / Article ged / Title 3 / Subtitle 11 / Section 3-1102
§3–1102.
Status: in_force

At its first meeting following the first Monday in December of each calendar year, the county board shall elect a chairman from among its members.
Md. Code, Corporations and Associations § 3-103 — MD Code / Article gca / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: reserved

In a consolidation, merger, or share exchange, stock in a corporation may be exchanged for or converted into and, in a transfer of assets, assets may be transferred in consideration of any one or more of the following:

(1) Stock, evidence of indebtedness, partnership or limited liability company interests, or other securities of the successor or any other corporation or entity, whether or not a party to the transaction;

(2) Other tangible or intangible property;

(3) Money; and

(4) Any other consideration.
Md. Code, Courts and Judicial Proceedings § 3-8A-17.12 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-17.12
§3–8A–17.
Status: in_force

§3–8A–17.12.

The secretaries of Health, Human Services, and Juvenile Services, and the State Superintendent of Schools shall jointly adopt regulations to carry out the provisions of this subtitle relating to competency.
Md. Code, Education § 3-12A-03 — MD Code / Article ged / Title 3 / Subtitle 12A / Section 3-12A-03
§3–12A–03.
Status: in_force

At its last meeting at the end of each calendar year, or at the meeting in December each year, the county board shall elect a president and a vice president from among its members.
Md. Code, Land Use § 3-110 — MD Code / Article glu / Title 3 / Subtitle 1 / Section 3-110
§3–110.
Status: in_force

(a) The goals and objectives element shall include a statement of goals and objectives, principles, policies, and standards.

(b) The statement shall serve as a guide for the development and economic and social well–being of the local jurisdiction.
Md. Code, Election Law § 3-304 — MD Code / Article gel / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

(a) (1) Notification of a change of address or of a change of name may be made:

(i) by information provided on a voter registration application by the same methods provided for registration pursuant to Subtitle 2 of this title;

(ii) by written notice, signed by the voter and sent by mail or otherwise delivered to the local board in the county where the voter’s current voter registration address is located or to which the voter has moved;

(iii) by making application in person at the office of the local board in the county where the voter’s current voter registration address is located or to which the voter has moved;

(iv) by information on a voter authority card or other appropriate form filled out in a polling place; or

(v) by changing a name or address with the Motor Vehicle Administration.

(2) Except as provided by regulations adopted by the State Board, name and address changes may not be processed when registration is closed.

(b) The local board in the county in which the voter resides shall electronically enter the change of name or address into the statewide voter registration list on an expedited basis at the time the information is provided to the local board.
Md. Code, Financial Institutions § 3-406 — MD Code / Article gfi / Title 3 / Subtitle 4 / Section 3-406
§3–406.
Status: in_force

(a) Each director of a commercial bank shall attend at least one half of the regularly scheduled board meetings that are held during the director’s term of office.

(b) (1) Any director who fails to attend meetings of the board of directors as required by this section is disqualified automatically from serving as director for a succeeding term.

(2) The Commissioner may waive the disqualification of a director if the director shows to the Commissioner good cause for the failure to attend the meetings.
Md. Code, Corporations and Associations § 3-512 — MD Code / Article gca / Title 3 / Subtitle 5 / Section 3-512
§3–512.
Status: in_force

The reinstatement and extension of a corporation’s existence under § 3-501 of this subtitle or the revival of a corporation’s charter under § 3-507 of this subtitle has the following effects:

(1) If otherwise done within the scope of its charter, all contracts or other acts done in the name of the corporation while the charter was void are validated, and the corporation is liable for them; and

(2) All the assets and rights of the corporation, except those sold or those of which it was otherwise divested while the charter was void, are restored to the corporation to the same extent that they were held by the corporation before the expiration or forfeiture of the charter.
Md. Code, Public Safety § 3-516 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-516
§3–516.
Status: in_force

(a) Each law enforcement agency shall establish a confidential and nonpunitive early intervention system to identify police officers who are at risk of engaging in the use of excessive force and to provide the officers with training, behavioral interventions, reassignments, or other appropriate responses to reduce the risk of the use of excessive force.

(b) A system described in this section may not prevent the investigation of or imposition of discipline for any particular complaint.
Md. Code, Insurance § 3-120 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-120
§3–120.
Status: in_force

(a) This section does not apply to mutualization under a court order in connection with the rehabilitation or reorganization of an insurer under Title 9, Subtitle 2 of this article.

(b) A domestic stock insurer, other than a title insurer, may become a mutual insurer under a plan and procedure that is approved by the Commissioner after a hearing.

(c) The Commissioner may not approve a plan or procedure for mutualization unless:

(1) the plan or procedure is equitable to stockholders and policyholders;

(2) the plan is subject to approval by vote of the holders of at least three-fourths of the insurer’s outstanding capital stock with voting rights and by vote of at least two-thirds of the insurer’s policyholders who vote on the plan in person, by proxy, or by mail under the notice and procedure approved by the Commissioner;

(3) for a life insurer, the right to vote under item (2) of this subsection is limited to holders of policies, other than term or group policies, that have been in force for more than 1 year;

(4) mutualization will result in retirement of shares of the insurer’s capital stock at a price not exceeding the fair market value of the stock as determined by competent disinterested appraisers;

(5) the plan provides for the purchase of the stock of an objecting stockholder in the same manner and subject to the same applicable conditions provided by Title 3, Subtitle 2 of the Corporations and Associations Article for the rights of objecting stockholders with respect to consolidation or merger of corporations;

(6) the plan provides for definite conditions to be fulfilled by a designated early date on which the mutualization will be considered effective; and

(7) the mutualization leaves the insurer with surplus funds that are reasonably adequate for the security of its policyholders and to enable the insurer to continue successfully in business in the states where it is then authorized to transact insurance business for the kinds of insurance included in its certificates of authority in those states.
Md. Code, Transportation § 3-202 — MD Code / Article gtr / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

(a) The Department from time to time may issue its bonds on behalf of this State to finance the cost of any one or more or combination of transportation facilities.

(b) The bonds shall be known as “consolidated transportation bonds” and may be issued in any amount as long as the aggregate outstanding and unpaid principal balance of these bonds and bonds of prior issues does not exceed at any one time the sum of $5,000,000,000.

(c) The preferred method of issuance of the Department’s consolidated transportation bonds is by a public, competitive sale.

(d) The Department may issue its consolidated transportation bonds at a private, negotiated sale provided that:

(1) The Secretary determines that extraordinary credit market conditions exist that warrant the use of this method rather than a public, competitive sale; and

(2) The Secretary determines that the terms and conditions, including price, interest rates, and payment dates, that can be achieved by a private negotiated sale are more advantageous to the State.

(e) The maximum outstanding and unpaid principal balance of consolidated transportation bonds and bonds of prior issues as of June 30 for the next fiscal year:

(1) Shall be established each year by the General Assembly in the State budget; and

(2) May not exceed the limit established in subsection (b) of this section.
Md. Code, Real Property § 3-301 — MD Code / Article grp / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

(a) (1) If the person offering a deed or other instrument affecting property for record first pays the recording fees, the clerk of the circuit court of each county shall record every deed and other instrument affecting property in land records available to the public.

(2) The clerk shall endorse on the deed or other instrument the time of receipt of the document for recording and the endorsement shall show in the land records.

(3) Any deed or other instrument affecting property which also affects personal property shall be recorded in the same manner in the land records only, and not in the financing statements.

(b) If an interested party so requests, the financing statements provided for in § 9–402(9) of the Commercial Law Article shall include a notation that the instrument is recorded among the land records. The instrument also shall be indexed in the general alphabetical index provided in § 3–302 of this subtitle. The notation and indexing have the same effect as if the instrument were recorded in full among the financing statements.

(c) (1) The clerk may not refuse to accept any deed or other document entitled to be recorded, solely on the grounds that the deed or document contains a strike–through, interlineation, or other corrections.

(2) The clerk may refuse to accept for re–recording, a previously recorded deed or document that has been corrected or altered by a strike–through, interlineation, or similar corrective measures, and that has not been re–executed, initialed, or otherwise ratified in writing by the party or parties affected by the correction.
Md. Code, Health Occupations § 3-305.1 — MD Code / Article gho / Title 3 / Subtitle 3 / Section 3-305.1
§3–305.
Status: in_force

§3–305.1.

(a) The Board may grant a temporary license to an individual who meets the requirements of this section.

(b) To qualify for a temporary license, an applicant shall:

(1) Submit an application provided by the Board;

(2) Have graduated from an accredited chiropractic program of study;

(3) Have begun the process of applying to the Board for a license to practice chiropractic, but not met requirements to qualify for a license;

(4) (i) Have been licensed in another state for at least 2 years preceding the application in the State; or

(ii) Have graduated from an accredited chiropractic program of study within 6 months preceding the application in the State;

(5) Have submitted written, verified evidence that the applicant has submitted a criminal history records check in accordance with § 3–302.1 of this subtitle;

(6) Agree to practice under the direct supervision of a Board–approved supervisor who is a licensed chiropractor while the temporary license is in effect; and

(7) Pay the temporary license fee set by the Board.

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

(d) (1) Unless the Board suspends or revokes a temporary license, each temporary license expires 6 months after the date of issue.

(2) (i) Subject to subparagraph (ii) of this paragraph, a temporary license may be extended every 90 days.

(ii) The total length of renewal may not exceed 12 months from the date the original temporary license was issued.
Md. Code, State Finance and Procurement § 3-502 — MD Code / Article gsf / Title 3 / Subtitle 5 / Section 3-502
§3–502.
Status: in_force

(a) Consistent with Division II of this article, the Secretary shall approve and submit to the Board of Public Works for concurrence:

(1) standards for purchase by the Department of General Services of motor vehicles for State use; and

(2) all leases or rentals of motor vehicles for use by officials or employees of any unit of the Executive Branch of the State government, other than any individual motor vehicle lease or rental made under the Standard State Travel Regulations.

(b) As far as practicable and feasible, the standards for purchase of motor vehicles shall be based on the lowest possible life cycle cost.

(c) The purchase of State-owned motor vehicles for any unit of the Executive Branch of the State government shall be reviewed and approved by the Secretary before the purchase to ensure compliance with this section and § 3-503 of this subtitle and any implementing regulations.
Md. Code, Courts and Judicial Proceedings § 3-2403 — MD Code / Article gcj / Title 3 / Subtitle 24 / Section 3-2403
§3–2403.
Status: in_force

The Office of Information Privacy shall establish and administer a Judicial Address Confidentiality Program for protected individuals.
Md. Code, Real Property § 3-405 — MD Code / Article grp / Title 3 / Subtitle 4 / Section 3-405
§3–405.
Status: in_force

Sections 3-401 through 3-405 of this subtitle shall be so interpreted and construed as to effectuate their general purpose to make uniform the law of those states which enact them, and may be cited as the Maryland Revised Uniform Federal Lien Registration Act.
Md. Code, Natural Resources § 3-205 — MD Code / Article gnr / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

The trustees may appoint a director of the Trust to administer its activities subject to the trustees’ supervision. They may employ other persons as necessary. The director and staff are employees of the State, but the director shall not be a member of the skilled service or professional service, with the exception of special appointments. The trustees may remove the director at their will.
Md. Code, State Government § 3-404 — MD Code / Article gsg / Title 3 / Subtitle 4 / Section 3-404
§3–404.
Status: in_force

(a) Upon issuance of an executive order, the Governor shall deliver the original or a certified copy of it to the Secretary of State.

(b) The Secretary of State shall:

(1) index the executive orders that the Governor delivers under this section;

(2) keep each executive order during the term of office of the Governor who delivered the executive order, including a consecutive term; and

(3) then deliver the executive order to the State Archives.
Md. Code, Courts and Judicial Proceedings § 3-2003 — MD Code / Article gcj / Title 3 / Subtitle 20 / Section 3-2003
§3–2003.
Status: in_force

(a) A collaborative law process begins when the parties sign a collaborative law participation agreement.

(b) A tribunal may not order a party to participate in a collaborative law process over that party’s objection.

(c) A collaborative law process is concluded by:

(1) A resolution of a collaborative matter as evidenced by a signed record;

(2) A resolution of a part of the collaborative matter, evidenced by a signed record, in which the parties agree that the remaining parts of the matter will not be resolved in the process; or

(3) A termination of the process.

(d) A collaborative law process terminates:

(1) When a party gives notice to other parties in a record that the process is ended;

(2) When a party:

(i) Begins a proceeding related to a collaborative matter without the agreement of all parties; or

(ii) In a pending proceeding related to the matter:

1. Initiates a pleading, a motion, an order to show cause, or a request for a conference with the tribunal;

2. Requests that the proceeding be put on the tribunal’s calendar; or

3. Takes similar action requiring notice to be sent to the parties; or

(3) Except as otherwise provided in subsection (g) of this section, when a party discharges a collaborative lawyer or a collaborative lawyer withdraws from further representation of a party.

(e) A party’s collaborative lawyer shall give prompt notice to all other parties in a record of a discharge or withdrawal.

(f) A party may terminate a collaborative law process with or without cause.

(g) Notwithstanding the discharge or withdrawal of a collaborative lawyer, a collaborative law process continues if, within 30 days after the date that the notice of discharge or withdrawal of a collaborative lawyer required by subsection (e) of this section is sent to the parties:

(1) The unrepresented party engages a successor collaborative lawyer; and

(2) In a signed record:

(i) The parties consent to continue the process by reaffirming the collaborative law participation agreement;

(ii) The agreement is amended to identify the successor collaborative lawyer; and

(iii) The successor collaborative lawyer confirms the lawyer’s representation of a party in the collaborative process.

(h) A collaborative law process does not conclude if, with the consent of the parties, a party requests a tribunal to approve a resolution of the collaborative matter or any part of the collaborative matter as evidenced by a signed record.

(i) A collaborative law participation agreement may provide additional methods of concluding a collaborative law process.
Md. Code, Real Property § 3-701 — MD Code / Article grp / Title 3 / Subtitle 7 / Section 3-701
§3–701.
Status: in_force

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

(b) “Document” means information that is:

(1) Inscribed on a tangible medium or stored in an electronic or other medium and retrievable in perceivable form; and

(2) Eligible to be recorded in the land records maintained by the clerk of a circuit court.

(c) “Electronic” means relating to technology having electrical, digital, magnetic, optical, electromagnetic, or similar capabilities.

(d) “Electronic document” means a document that is received by the clerk of a circuit court in electronic form.

(e) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a document and executed or adopted by a person with the intent to sign the document.

(f) “Person” means an individual, a corporation, a statutory trust, a personal representative of an estate, a trustee, a partnership, a limited liability company, an association, a joint venture, a public corporation, a government, a governmental subdivision, an agency, an instrumentality, or any other legal or commercial entity.

(g) “State” means a state of the United States, the District of Columbia, Puerto Rico, the United States Virgin Islands, or any territory or insular possession subject to the jurisdiction of the United States.
Md. Code, Real Property § 3-120 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-120
§3–120.
Status: in_force

The Secretary shall adopt regulations to carry out this part.
Md. Code, General Provisions § 3-302 — MD Code / Article ggp / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

(a) Before meeting in a closed or open session, a public body shall give reasonable advance notice of the session.

(b) Whenever reasonable, a notice under this section shall:

(1) be in writing;

(2) include the date, time, and place of the session; and

(3) if appropriate, include a statement that a part or all of a meeting may be conducted in closed session.

(c) A public body may give the notice under this section as follows:

(1) if the public body is a unit of State government, by publication in the Maryland Register;

(2) by delivery to representatives of the news media who regularly report on sessions of the public body or the activities of the government of which the public body is a part;

(3) if the public body previously has given public notice that this method will be used:

(i) by posting or depositing the notice at a convenient public location at or near the place of the session; or

(ii) by posting the notice on an Internet website ordinarily used by the public body to provide information to the public; or

(4) by any other reasonable method.

(d) A public body shall keep a copy of a notice provided under this section for at least 3 years after the date of the session.
Md. Code, Commercial Law § 3-311 — MD Code / Article gcl / Title 3 / Subtitle 3 / Section 3-311
§3–311.
Status: in_force

(a) If a person against whom a claim is asserted proves that (i) that person in good faith tendered an instrument to the claimant as full satisfaction of the claim, (ii) the amount of the claim was unliquidated or subject to a bona fide dispute, and (iii) the claimant obtained payment of the instrument, the following subsections apply.

(b) Unless subsection (c) applies, the claim is discharged if the person against whom the claim is asserted proves that the instrument or an accompanying written communication contained a conspicuous statement to the effect that the instrument was tendered as full satisfaction of the claim.

(c) Subject to subsection (d), a claim is not discharged under subsection (b) if either of the following applies:

(1) The claimant, if an organization, proves that (i) within a reasonable time before the tender, the claimant sent a conspicuous statement to the person against whom the claim is asserted that communications concerning disputed debts, including an instrument tendered as full satisfaction of a debt, are to be sent to a designated person, office, or place, and (ii) the instrument or accompanying communication was not received by that designated person, office, or place.

(2) The claimant, whether or not an organization, proves that within 90 days after payment of the instrument, the claimant tendered repayment of the amount of the instrument to the person against whom the claim is asserted. This paragraph does not apply if the claimant is an organization that sent a statement complying with paragraph (1)(i).

(d) A claim is discharged if the person against whom the claim is asserted proves that within a reasonable time before collection of the instrument was initiated, the claimant, or an agent of the claimant having direct responsibility with respect to the disputed obligation, knew that the instrument was tendered in full satisfaction of the claim.
Md. Code, Financial Institutions § 3-713 — MD Code / Article gfi / Title 3 / Subtitle 7 / Section 3-713
§3–713.
Status: in_force

Consummation of a transfer of assets has the effects provided in § 3-115 of the Corporations and Associations Article.
Md. Code, Public Safety § 3-105 — MD Code / Article gps / Title 3 / Subtitle 1 / Section 3-105
§3–105.
Status: in_force

(a) The Maryland Police Training and Standards Commission shall develop and adopt, by regulation, a model uniform disciplinary matrix for use by each law enforcement agency in the State.

(b) Each law enforcement agency shall adopt the uniform State disciplinary matrix for all matters that may result in discipline of a police officer.

(c) (1) Within 15 days after an administrative charging committee issues an administrative charge against a police officer, the chief of the law enforcement agency shall offer discipline to the police officer who has been administratively charged in accordance with the disciplinary matrix.

(2) The chief may offer the same discipline that was recommended by the administrative charging committee or a higher degree of discipline within the applicable range of the disciplinary matrix, but may not deviate below the discipline recommended by the administrative charging committee.

(3) If the police officer accepts the chief’s offer of discipline, then the offered discipline shall be imposed.

(4) If the police officer does not accept the chief’s offer of discipline, then the matter shall be referred to a trial board.

(5) At least 30 days before a trial board proceeding begins, the police officer shall be:

(i) provided a copy of the investigatory record;

(ii) notified of the charges against the police officer; and

(iii) notified of the disciplinary action being recommended.
Md. Code, Election Law § 3-101 — MD Code / Article gel / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

(a) There shall be a statewide voter registration list.

(b) The statewide voter registration list shall:

(1) be the official voter registration list for the State;

(2) contain the name and other information for every legally registered voter in the State;

(3) allow each local board to obtain immediate electronic access to the information contained in the list;

(4) be coordinated with other agency databases in the State;

(5) be used to produce precinct registers for use in polling places on election day; and

(6) include voting history information on a current basis for a period covering at least the 5 preceding years.

(c) The State Administrator shall:

(1) define, maintain, and administer the statewide voter registration list;

(2) with the local boards, ensure the currency and accuracy of each individual voter’s registration record;

(3) instruct the local boards on:

(i) processing voter registration applications and name and address changes;

(ii) entering voter registration information into the statewide voter registration list; and

(iii) removing from the statewide voter registration list information about voters who are no longer eligible to be registered voters; and

(4) subject to relevant federal law and to regulations adopted by the State Board, establish and conduct a program to identify voters who have changed their addresses.

(d) Registration shall be conducted continuously under the supervision of the State Administrator and in accordance with the provisions of this title, applicable federal law, and regulations adopted by the State Board.

(e) (1) A State agency shall provide any data to the State Board that the State Administrator determines is necessary to maintain an accurate statewide voter registration list.

(2) Subject to paragraph (3) of this subsection, the State Board may not disclose data provided under paragraph (1) of this subsection except as provided in Title 4 of the General Provisions Article.

(3) (i) The State Board may enter into agreements with other states to exchange any data that the State Administrator determines is relevant to maintaining accurate voter registration lists.

(ii) The State Board may exchange data that is not subject to public disclosure under Title 4 of the General Provisions Article with other persons as the State Administrator determines is necessary for the sole purpose of maintaining accurate voter registration lists.

(iii) A person who receives data that is not subject to public disclosure under Title 4 of the General Provisions Article under this paragraph may not use or redisclose that data except for the purpose of maintaining accurate voter registration lists.

(f) A registered voter:

(1) shall remain registered when the voter moves to another county in the State; and

(2) may not be required to register again unless the voter’s registration is canceled in accordance with Subtitle 5 of this title.
Md. Code, Corporations and Associations § 3-705 — MD Code / Article gca / Title 3 / Subtitle 7 / Section 3-705
§3–705.
Status: in_force

A call of a special meeting of stockholders of the corporation is not required to be made under § 3-704(a) of this subtitle unless, at the time of delivery of an acquiring person statement under § 3-703 of this subtitle, the acquiring person has:

(1) Entered into a definitive financing agreement or agreements with one or more responsible financial institutions or other entities that have the necessary financial capacity, providing for any amount of financing of the control share acquisition not to be provided by the acquiring person; and

(2) Delivered a copy of the agreements to the corporation.
Md. Code, Criminal Law § 3-213 — MD Code / Article gcr / Title 3 / Subtitle 2 / Section 3-213
§3–213.
Status: in_force

(a) A person may not attempt to poison another.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment for not less than 2 years and not exceeding 10 years.
Md. Code, Education § 3-604 — MD Code / Article ged / Title 3 / Subtitle 6 / Section 3-604
§3–604.
Status: in_force

(a) All final actions of the county board shall be taken at a public meeting. The board shall keep a formal record of each public meeting.

(b) This section does not prohibit the board from meeting and deliberating in executive session provided that all action is taken at a public meeting.
Md. Code, Education § 3-12A-06 — MD Code / Article ged / Title 3 / Subtitle 12A / Section 3-12A-06
§3–12A–06.
Status: in_force

(a) (1) There shall be two nonvoting student members on the Talbot County Board of Education.

(2) The student members shall advise the other members of the county board on the viewpoint of students who attend Talbot County public schools.

(b) (1) Each of the nonvoting student members of the county board shall be:

(i) A regularly enrolled 11th or 12th grade student in good standing at a Talbot County public school;

(ii) Qualified according to eligibility requirements established by the county board; and

(iii) Of good character.

(2) Each student member shall be appointed for a 1–year term during the school year prior to the school year that the member is to serve on the county board.

(3) One student member shall be a student from St. Michaels High School and one student member shall be a student from Easton High School.

(4) The county board shall adopt procedures for the appointment of the student members.

(5) If a vacancy in the position of student member occurs during the term of a student member, the county board shall appoint another student member to fill the vacancy in accordance with its procedures.

(6) Unless invited to attend by an affirmative vote of a majority of the county board, the student members may not attend an executive session of the county board.
Md. Code, Alcoholic Beverages and Cannabis § 3-101 — MD Code / Article gab / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

An application for a manufacturer’s license, wholesaler’s license, Class E (water vessel) license, Class F (railroad) license, Class G (airplane) license, or statewide caterer’s license shall be filed with the Executive Director.
Md. Code, Natural Resources § 3-118 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-118
§3–118.
Status: in_force

(a) The Service may fix, revise, charge, and collect rentals, rates, fees or other charges for the use of or for the services or products furnished by any project or projects, including projects within a service district, contract with any person or municipality desiring the use of the services or products, or any part of any project or projects, and fix the terms, conditions, rentals, rates, fees, and charges therefor. The rentals and other rates, fees and charges designated as security for any bonds or notes issued under this subtitle shall be fixed and adjusted in respect of the aggregate thereof from the projects under the control of the Service as to provide funds sufficient with other revenues, if any, (1) to pay the cost of maintaining, repairing, and operating any project or projects financed in whole or in part by outstanding bonds or notes, to the extent the cost is not otherwise provided, (2) to pay the principal of and the interest on the bonds or notes as they become due and payable, (3) to create reserves for those purposes, and (4) to provide funds for paying the cost of renewals or replacements, the cost of acquiring or installing equipment, and the cost of enlarging, extending, reconstructing, or improving any project or projects. The rentals, rates, fees, and charges are not subject to supervision or regulation by any unit of the State government or any political subdivision, except as provided in § 3–128 of this subtitle.

(b) The rentals, rates, fees, and other charges and revenues, or any part thereof, whether derived from the project or projects in connection with which the bonds or notes of any issue have been issued or from other projects, designated as security for the bonds or notes by the authorizing resolution or in the trust agreement securing the bonds or notes, shall be set aside at the regular intervals provided in the resolution or trust agreement in a sinking fund pledged to, and charged with, the payment of (1) the interest on the bonds or notes as it falls due, (2) the principal of the bonds or notes as it falls due, (3) the necessary charges of the trustee and other agents appointed by the trust agreement, and (4) the redemption price or purchase price of bonds or notes retired by call or purchase as provided in the resolution or trust agreement. Any amounts set aside in the sinking fund which are not needed to provide for the payment of items (1), (2), (3), and (4) may be used for any other lawful purpose to the extent provided in the resolution or trust agreement. The pledge is valid and binding from the time it is made. The rentals, rates, fees, and other charges, revenues or other money pledged and thereafter received by the Service immediately shall be subject to the lien of the pledge without any physical delivery thereof or further act, and the lien of the pledge is valid and binding as against all parties having any claims of any kind in tort, contract, or otherwise against the Service, irrespective of whether the parties have notice thereof. Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the Service, any public general or public local law to the contrary notwithstanding. The use and disposition of money to the credit of the sinking fund are subject to the provisions of the resolution authorizing the issuance of the bonds or notes or of the trust agreement.
Md. Code, Financial Institutions § 3-702 — MD Code / Article gfi / Title 3 / Subtitle 7 / Section 3-702
§3–702.
Status: in_force

(a) Any bank may, as provided in this subtitle:

(1) Consolidate with one or more other banks to form a new consolidated bank;

(2) Merge into another bank or have one or more other banks merged into it; or

(3) Transfer its assets to another bank.

(b) If the successor will be a commercial bank:

(1) The consolidation, merger, or transfer of assets shall be made in accordance with the provisions of this subtitle; and

(2) If one of the constituent banks is a national banking association or a federally chartered savings bank or savings and loan association, federal law governs its actions and the rights of its stockholders.

(c) If the successor will be a national banking association or a federally chartered savings bank or savings and loan association:

(1) Federal law governs:

(i) The actions of a constituent bank;

(ii) The rights of its stockholders; and

(iii) The effect of the consolidation, merger, or transfer of assets on its rights, franchises, interests, and fiduciary duties; and

(2) Except for this section and § 3-710 of this subtitle, the other provisions of this subtitle do not apply to the consolidation, merger, or transfer of assets.

(d) If one of the constituent banks is an other-state bank:

(1) Maryland law governs:

(i) The actions of the banking institution;

(ii) The rights of its stockholders; and

(iii) The effect of the consolidation, merger, or transfer of assets on its rights, franchises, interests, and fiduciary duties; and

(2) The law of the other state governs:

(i) The actions of the other-state bank;

(ii) The rights of its stockholders; and

(iii) The effect of the consolidation, merger, or transfer of assets on its rights, franchises, interests, and fiduciary duties.
Md. Code, Labor and Employment § 3-1505 — MD Code / Article gle / Title 3 / Subtitle 15 / Section 3-1505
§3–1505.
Status: in_force

(a) If the Commissioner determines that an employer has violated any provision of this subtitle, the Commissioner:

(1) shall issue an order compelling compliance; and

(2) for a subsequent violation, may, in the Commissioner’s discretion, assess a civil penalty of up to $300 for each applicant for employment or employee with respect to whom the employer violated any provision of this subtitle.

(b) In determining the amount of the penalty, if assessed, the Commissioner shall consider:

(1) the gravity of the violation;

(2) the size of the employer’s business;

(3) the employer’s good faith; and

(4) the employer’s history of violations under this subtitle.

(c) The assessment of a penalty under subsection (a)(2) of this section shall be subject to the notice and hearing requirements of Title 10, Subtitle 2 of the State Government Article.
Md. Code, Courts and Judicial Proceedings § 3-1306 — MD Code / Article gcj / Title 3 / Subtitle 13 / Section 3-1306
§3–1306.
Status: in_force

(a) Criminal prosecution for an offense of theft under § 7–104 of the Criminal Law Article is not a prerequisite to the maintenance of a civil action under this subtitle.

(b) The recovery of damages under this subtitle does not preclude criminal prosecution.

(c) The payment of damages under this subtitle is not admissible in any criminal proceeding as an admission of guilt or as evidence of guilt.

(d) A court shall reduce the amount of any restitution awarded in a criminal proceeding regarding an act for which a responsible person has paid damages under this subtitle by an amount equal to those damages.
Md. Code, Business Occupations and Professions § 3-702 — MD Code / Article gbo / Title 3 / Subtitle 7 / Section 3-702
§3–702.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all regulations adopted under this title shall terminate and be of no effect after July 1, 2028.
Md. Code, Estates and Trusts § 3-106 — MD Code / Article get / Title 3 / Subtitle 1 / Section 3-106
§3–106.
Status: in_force

(a) If a decedent dies intestate as to a part of the decedent’s net estate, property which the decedent gave in the decedent’s lifetime to an heir shall be treated as an advancement against the share of the latter of the net estate if declared in writing by the decedent or acknowledged in writing by the heir to be an advancement.

(b) For this purpose the property advanced shall be valued as of the time the heir came into possession or enjoyment of the property.

(c) If the recipient of the property fails to survive the decedent, the property shall be taken into account in computing the share of the issue of the recipient.

(d) An advancement to an heir other than the surviving spouse may not increase the share of the surviving spouse under § 3–102 of this subtitle.
Md. Code, Natural Resources § 3-916 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-916
§3–916.
Status: in_force

The exercise of the powers granted by this subtitle is and will be in all respects for the benefit of the people of the State of Maryland and the participating counties, for the increase of their commerce, welfare and prosperity, and for the improvement of their health and living conditions, and since the activities of the Authority and the operation and maintenance of its projects will constitute the performance of essential governmental functions, the Authority shall be exempt from any payment of or liability for any and all taxes, whether federal, State, or local, now or hereafter levied or imposed, and any assessments or other governmental charges. The bonds of the Authority, their transfer, the interest payable thereon, and any income derived therefrom, including any profit realized in the sale or exchange thereof, shall at all times be exempt from taxation of every kind and nature whatsoever by the State of Maryland or by any of its political subdivisions, municipal corporations, or public agencies of any kind.
Md. Code, Courts and Judicial Proceedings § 3-827 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-827
§3–827.
Status: in_force

(a) (1) All court records under this subtitle pertaining to a child shall be confidential and their contents may not be divulged, by subpoena or otherwise, except by order of the court on good cause shown.

(2) This subsection does not prohibit review of a court record by:

(i) Personnel of the court;

(ii) A party;

(iii) Counsel for a party;

(iv) A Court–Appointed Special Advocate for the child;

(v) Authorized personnel of the Social Services Administration and local departments in order to conduct a child abuse or neglect investigation or to comply with requirements imposed under Title IV–E of the Social Security Act; or

(vi) The Department of Juvenile Services if the Department is providing treatment, services, or care to a child who is the subject of the record.

(3) Information obtained from a court record is subject to the provisions of §§ 1–201, 1–202, 1–204, and 1–205 of the Human Services Article.

(b) (1) On its own motion or on petition, and for good cause shown, the court:

(i) May order the court records of a child sealed; and

(ii) Shall order them sealed after the child has reached the age of 21.

(2) If sealed, the court records of a child may not be opened, for any purpose, except by order of the court on good cause shown.
Md. Code, Public Utilities § 3-202 — MD Code / Article gpu / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

(a) Except for the staff of the Commission, a party or person in interest, including the People’s Counsel, that is dissatisfied by a final decision or order of the Commission may seek judicial review of the decision or order as provided in this subtitle.

(b) The Secretary of Natural Resources may seek judicial review under this subtitle of a final decision or order of the Commission made under §§ 7-201 through 7-204, § 7-207, or § 7-208 of this article that relates to the environmental aspects of power plant siting.

(c) The Secretary of the Environment may seek judicial review of a final decision or order of the Commission made under §§ 7-205 and 7-206 of this article.

(d) If the Motor Vehicle Administration suspends or revokes the registration of a motor vehicle carrier in accordance with an order of the Commission, only the order of the Commission is subject to review under this section.
Md. Code, Estates and Trusts § 3-110 — MD Code / Article get / Title 3 / Subtitle 1 / Section 3-110
§3–110.
Status: in_force

(a) If a descendant, ancestor, or descendant of an ancestor of the decedent, fails to survive the decedent by 30 full days, the descendant, ancestor, or descendant of an ancestor of the decedent:

(1) Shall be considered to have predeceased the decedent for purposes of intestate succession; and

(2) Is not to be entitled to the rights of an heir.

(b) If the time of death of the decedent or of the descendant, ancestor, or descendant of an ancestor of the decedent, who would otherwise be an heir, or the times of death of both, cannot be determined, so that it cannot be established that the descendant, ancestor, or descendant of an ancestor of the decedent has survived the decedent by 30 full days, the descendant, ancestor, or descendant of an ancestor of the decedent may not be considered to have survived for the required period.
Md. Code, Financial Institutions § 3-514 — MD Code / Article gfi / Title 3 / Subtitle 5 / Section 3-514
§3–514.
Status: in_force

(a) (1) A trust company that administers a common trust fund may issue a certificate of participation for each participating account.

(2) A certificate of participation is not assignable and may not be issued in any form that purports to be negotiable or assignable.

(b) In any report or accounting required from the trust company by law, a statement that is signed and verified by one of its officers as to the existence, extent, and value of a participation in a common trust fund that it administers may be accepted as evidence of those facts by any court, trust clerk, or supervisory authority.
Md. Code, Labor and Employment § 3-201 — MD Code / Article gle / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

In this subtitle, “minor” means an individual who is under the age of 18 years.
Md. Code, State Government § 3-306 — MD Code / Article gsg / Title 3 / Subtitle 3 / Section 3-306
§3–306.
Status: in_force

(a) In this section, “governing board” means a board of directors, managers, trustees, or visitors.

(b) The Governor may appoint 1 or more individuals who are discreet to represent the Governor at a meeting of the governing board of a corporation or institution that receives financial assistance from the State Treasury.

(c) (1) An individual appointed under this section may attend any meeting of the governing board.

(2) At the meeting, the individual may not vote, but may give an opinion on any matter being considered or discussed.
Md. Code, Alcoholic Beverages and Cannabis § 3-106 — MD Code / Article gab / Title 3 / Subtitle 1 / Section 3-106
§3–106.
Status: in_force

(a) (1) A license for the use of a limited liability company shall be applied for and issued to, as individuals:

(i) all of the authorized individuals, if the limited liability company has fewer than three authorized individuals; or

(ii) three authorized individuals, if the limited liability company has three or more authorized individuals.

(2) At least one of the authorized individuals shall:

(i) be a resident of the State at the time the application is filed; and

(ii) remain a resident of the State for the duration of time the license is in effect.

(b) An application for a limited liability company license shall include:

(1) the name, address, and signature of each authorized individual to whom the license shall be issued; and

(2) the name and address of the limited liability company.
Md. Code, Health Occupations § 3-309 — MD Code / Article gho / Title 3 / Subtitle 3 / Section 3-309
§3–309.
Status: reserved

The Board shall reinstate a license that is expired only if the former licensee:

(1) Meets the renewal requirements of § 3-308; and

(2) Pays to the Board a reinstatement fee set by the Board.
Md. Code, Natural Resources § 3-115 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-115
§3–115.
Status: in_force

The Service may provide, by resolution adopted by a majority of the Board, for the issuance of its renewal notes or of refunding bonds for the purpose of refunding any bonds or notes then outstanding which were issued under the provisions of this subtitle, whether or not the bonds or notes to be refunded have matured, including the payment of any redemption premium thereon and any interest accrued or to accrue to the date of redemption of the bonds or notes, and, if deemed advisable by the Board, for either or both of the following combined additional purposes: (1) paying all or any part of the cost of constructing improvements or extensions to or enlargements of any existing project or projects and (2) paying all or any part of the cost of any additional project or projects. The issuance of refunding bonds or renewal notes and the details thereof, the rights of the holders thereof, and the rights, duties, and obligations of the Service in respect thereto, are governed by the provisions of this subtitle relating to bonds or notes, insofar as these provisions may be applicable.
Md. Code, Health Occupations § 3-205 — MD Code / Article gho / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

(a) In addition to the powers set forth elsewhere in this title, the Board may:

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

(2) Summon witnesses, administer oaths, take affidavits, and take testimony about matters that relate to the duties of the Board;

(3) In accordance with the State budget, authorize payment of fees and travel expenses of witnesses who testify in any proceeding before the Board; and

(4) Except for an office of a chiropractor in a hospital, related institution, freestanding medical facility, or freestanding birthing center, conduct an unannounced inspection of the office of a chiropractor against whom a complaint has been filed with the Board regarding a violation of the Centers for Disease Control and Prevention’s guidelines on standard precautions and related guidelines in regulations adopted by the Board to determine compliance with the guidelines at that office.

(b) In addition to the duties set forth elsewhere in this title, the Board shall:

(1) Adopt an official seal;

(2) File reports of its activities as required by the Secretary;

(3) Assist in prosecutions under this title;

(4) Investigate an alleged violation of this title; and

(5) Adopt regulations governing preceptorships.
Md. Code, Commercial Law § 3-419 — MD Code / Article gcl / Title 3 / Subtitle 4 / Section 3-419
§3–419.
Status: in_force

(a) If an instrument is issued for value given for the benefit of a party to the instrument (“accommodated party”) and another party to the instrument (“accommodation party”) signs the instrument for the purpose of incurring liability on the instrument without being a direct beneficiary of the value given for the instrument, the instrument is signed by the accommodation party “for accommodation”.

(b) An accommodation party may sign the instrument as maker, drawer, acceptor, or indorser and, subject to subsection (d), is obliged to pay the instrument in the capacity in which the accommodation party signs. The obligation of an accommodation party may be enforced notwithstanding any statute of frauds and whether or not the accommodation party receives consideration for the accommodation.

(c) A person signing an instrument is presumed to be an accommodation party and there is notice that the instrument is signed for accommodation if the signature is an anomalous indorsement or is accompanied by words indicating that the signer is acting as surety or guarantor with respect to the obligation of another party to the instrument. Except as provided in § 3-605, the obligation of an accommodation party to pay the instrument is not affected by the fact that the person enforcing the obligation had notice when the instrument was taken by that person that the accommodation party signed the instrument for accommodation.

(d) If the signature of a party to an instrument is accompanied by words indicating unambiguously that the party is guaranteeing collection rather than payment of the obligation of another party to the instrument, the signer is obliged to pay the amount due on the instrument to a person entitled to enforce the instrument only if (i) execution of judgment against the other party has been returned unsatisfied, (ii) the other party is insolvent or in an insolvency proceeding, (iii) the other party cannot be served with process, or (iv) it is otherwise apparent that payment cannot be obtained from the other party.

(e) An accommodation party who pays the instrument is entitled to reimbursement from the accommodated party and is entitled to enforce the instrument against the accommodated party. An accommodated party who pays the instrument has no right of recourse against, and is not entitled to contribution from, an accommodation party.
Md. Code, Criminal Law § 3-403 — MD Code / Article gcr / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

(a) A person may not commit or attempt to commit robbery under § 3-402 of this subtitle:

(1) with a dangerous weapon; or

(2) by displaying a written instrument claiming that the person has possession of a dangerous weapon.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.
Md. Code, Public Safety § 3-215 — MD Code / Article gps / Title 3 / Subtitle 2 / Section 3-215
§3–215.
Status: in_force

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

(2) “Permanent appointment” means the appointment of an individual who has satisfactorily met the minimum standards of the Commission and is certified as a police officer.

(3) “Police administrator” means a police officer who has been promoted to first–line administrative duties up to but not exceeding the rank of captain.

(4) “Police supervisor” means a police officer who has been promoted to first–line supervisory duties.

(b) An individual may not be given or accept a probationary appointment or permanent appointment as a police officer, police supervisor, or police administrator unless the individual satisfactorily meets the qualifications established by the Commission.

(c) (1) An individual who applies for a position as police officer shall:

(i) under penalty of perjury, disclose to the hiring law enforcement agency all prior instances of employment as a police officer at other law enforcement agencies; and

(ii) authorize the hiring law enforcement agency to obtain the police officer’s full personnel and disciplinary record from each law enforcement agency that previously employed the police officer.

(2) The hiring law enforcement agency shall certify to the Commission that the law enforcement agency has reviewed the applicant’s disciplinary record.

(d) A probationary appointment as a police officer, police supervisor, or police administrator may be made for a period not exceeding 1 year to enable the individual seeking permanent appointment to take a training course required by this subtitle.

(e) A probationary appointee is entitled to a leave of absence with pay during the period of the training program.

(f) Prior cannabis use may not be the basis for disqualifying an applicant for a position as a police officer.
Md. Code, Public Safety § 3-402 — MD Code / Article gps / Title 3 / Subtitle 4 / Section 3-402
§3–402.
Status: in_force

Each railroad company located wholly or partly in the State may apply for the appointment of railroad police officers:

(1) to protect property, patrons, passengers, tenants, employees, equipment, and services; and

(2) to preserve peace and order on railroad premises, easements, appurtenant property, trains, cars, and other vehicles.
Md. Code, Financial Institutions § 3-718 — MD Code / Article gfi / Title 3 / Subtitle 7 / Section 3-718
§3–718.
Status: in_force

(a) The successor in a consolidation, merger, or transfer of assets may offer to pay in cash to the objecting stockholders of a constituent bank not more than what it considers to be the fair value of their shares of stock as of the time of the stockholders’ meeting approving the transaction.

(b) An objecting stockholder who accepts the offer is barred from receiving the appraised fair value of the shares of stock under § 3-719 of this subtitle.
Md. Code, Natural Resources § 3-401 — MD Code / Article gnr / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: in_force

The University of Maryland Center for Environmental Science, a branch of the University System of Maryland, is designated to encompass the functions of the Natural Resources Institute and the additions set forth in this subtitle.
Md. Code, Labor and Employment § 3-102 — MD Code / Article gle / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

(a) In addition to any duties set forth elsewhere, the Commissioner shall:

(1) enforce Subtitle 2 of this title;

(2) carry out Subtitle 3 of this title;

(3) enforce Subtitle 4 of this title;

(4) enforce Subtitle 9 of this title;

(5) enforce Subtitle 16 of this title; and

(6) enforce a local minimum wage law.

(b) If the Governor declares an emergency or disaster, then, with the consent of the Governor, the Commissioner may suspend enforcement of any provision of Subtitle 2 of this title until the emergency or disaster ends.

(c) The Commissioner has the same powers and duties in enforcing a local minimum wage law as the Commissioner has in enforcing Subtitle 4 of this title.
Md. Code, Correctional Services § 3-605 — MD Code / Article gcs / Title 3 / Subtitle 6 / Section 3-605
§3–605.
Status: in_force

If, in the trial of a criminal case, the fact that an individual was previously convicted of a crime is admissible in evidence, the case record maintained under § 3-601 of this subtitle is admissible in evidence to prove the fact of the conviction and of the crime for which the individual was convicted.
Md. Code, Economic Development § 3-305 — MD Code / Article gec / Title 3 / Subtitle 3 / Section 3-305
§3–305.
Status: in_force

The Office shall encourage and facilitate participation by businesses in the State in barter, counter trade, and joint venture transactions, as appropriate, by:

(1) providing informational and consultative services, including the necessary components and laws involved in these transactions;

(2) facilitating the commercial relationship between Maryland businesses in the State and counterpart foreign businesses involved in these transactions; and

(3) providing, in cooperation with the private sector, a listing of potential barter and joint venture opportunities.
Md. Code, Labor and Employment § 3-1604 — MD Code / Article gle / Title 3 / Subtitle 16 / Section 3-1604
§3–1604.
Status: in_force

(a) (1) An employer shall pay a covered employee a wage rate:

(i) for the 12–month period beginning January 1, 2022, that is not less than $13.50 per hour;

(ii) for the 12–month period beginning January 1, 2023, that is not less than $14.25 per hour;

(iii) for the 12–month period beginning January 1, 2024, that is not less than $15.00 per hour; and

(iv) for the 12–month period beginning January 1, 2025, that is not less than $16.00 per hour.

(2) Beginning January 1, 2026, an employer shall pay a covered employee:

(i) a wage rate that is not less than $16.00 per hour; and

(ii) an additional supplement benefit rate with a value not less than $1.00 per hour by:

1. applying the full supplement benefit to assist in covering the employee’s share of health or other benefits, excluding paid leave;

2. A. applying a portion of the supplement benefit to assist in covering the employee’s share of health or other benefits, excluding paid leave; and

B. paying the balance in cash; or

3. paying the entire supplement benefit in cash.

(b) An employer shall pay an overtime wage of at least 1.5 times the usual hourly wage required under subsection (a) of this section on the basis of each hour over 40 hours that a covered employee works during 1 workweek.

(c) An agreement between an employer and a covered employee to work for less than the wage required under this section is void.

(d) (1) An employer may not include a tip credit amount under § 3–419 of this title as part of the wage of a covered employee whose duties include providing passengers with wheelchair assistance, including a wheelchair agent or a passenger service agent.

(2) An employer of a covered employee described in paragraph (1) of this subsection shall allow the covered employee to receive tips and retain all tips received.
Md. Code, Labor and Employment § 3-1207 — MD Code / Article gle / Title 3 / Subtitle 12 / Section 3-1207
§3–1207.
Status: in_force

(a) Whenever the Commissioner determines that this subtitle has been violated, the Commissioner shall:

(1) try to resolve any issue involved in the violation informally by mediation; or

(2) ask the Attorney General to bring an action on behalf of the employee.

(b) The Attorney General may bring an action under this section in the county where the violation allegedly occurred for injunctive relief, damages, or other relief.
Md. Code, Public Safety § 3-311 — MD Code / Article gps / Title 3 / Subtitle 3 / Section 3-311
§3–311.
Status: in_force

(a) Each special police officer is deemed to be an employee of the entity that requested the appointment.

(b) A special police officer shall be compensated by the entity on whatever terms contracted for.
Md. Code, Criminal Law § 3-503 — MD Code / Article gcr / Title 3 / Subtitle 5 / Section 3-503
§3–503.
Status: in_force

(a) (1) A person may not, without color of right:

(i) forcibly abduct, take, or carry away a child under the age of 12 years from:

1. the home or usual place of abode of the child; or

2. the custody and control of the child’s parent or legal guardian;

(ii) without the consent of the child’s parent or legal guardian, persuade or entice a child under the age of 12 years from:

1. the child’s home or usual place of abode; or

2. the custody and control of the child’s parent or legal guardian; or

(iii) with the intent of depriving the child’s parent or legal guardian, or any person lawfully possessing the child, of the custody, care, and control of the child, knowingly secrete or harbor a child under the age of 12 years.

(2) In addition to the prohibitions provided under paragraph (1) of this subsection, a person may not, by force or fraud, kidnap, steal, take, or carry away a child under the age of 16 years.

(b) (1) A person who violates subsection (a)(1) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years.

(2) (i) Except as provided under subparagraph (ii) of this paragraph, a person, other than a parent of the child, who violates subsection (a)(2) of this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 30 years.

(ii) 1. If a person convicted under subsection (a)(2) of this section is convicted in the same proceeding of rape or a first degree sexual offense under Subtitle 3 of this title, the person is guilty of a felony and on conviction is subject to imprisonment not exceeding life without the possibility of parole.

2. If the State intends to seek a sentence of imprisonment for life without the possibility of parole under subsubparagraph 1 of this subparagraph, the State shall notify the person in writing of the State’s intent at least 30 days before trial.
Md. Code, Courts and Judicial Proceedings § 3-1605 — MD Code / Article gcj / Title 3 / Subtitle 16 / Section 3-1605
§3–1605.
Status: in_force

A law enforcement officer who acts in furtherance of an official investigation or a person who acts at the direction or in cooperation with a law enforcement officer in an official investigation is not liable under this subtitle.
Md. Code, Business Regulation § 3-501 — MD Code / Article gbr / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

(a) A person may not knowingly make a false representation or false statement in an application, plan, record, report, or other document that the person submits or is required to keep under this title.

(b) A person who violates this section is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $2,500 or imprisonment not exceeding 6 months or both.
Md. Code, Courts and Judicial Proceedings § 3-8B-02 — MD Code / Article gcj / Title 3 / Subtitle 8B / Section 3-8B-02
§3–8B–02.
Status: in_force

An action for a writ of mandamus shall be tried by a jury on request of either party.
Md. Code, Health Occupations § 3-403 — MD Code / Article gho / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

The provisions of § 13-402 of this article do not prohibit a chiropractor who is licensed to practice chiropractic with the right to practice physical therapy from representing that the licensee holds that license.
Md. Code, Courts and Judicial Proceedings § 3-1307 — MD Code / Article gcj / Title 3 / Subtitle 13 / Section 3-1307
§3–1307.
Status: in_force

The procedures required by § 3–1303 of this subtitle do not otherwise limit a merchant or other person from electing to pursue any other civil remedy or cause of action for damages against any responsible person under this subtitle or otherwise as permitted by law.
Md. Code, Education § 3-2A-06 — MD Code / Article ged / Title 3 / Subtitle 2A / Section 3-2A-06
§3–2A–06.
Status: in_force

The affirmative vote of at least five members of the county board is required for the approval of any action.
Md. Code, Corporations and Associations § 3-803 — MD Code / Article gca / Title 3 / Subtitle 8 / Section 3-803
§3–803.
Status: in_force

(a) (1) Except as provided in subsection (f) of this section, notwithstanding any provision in the charter or the bylaws of a corporation, before the first annual meeting of stockholders after a corporation elects to be subject to this subtitle, the board of directors shall designate by resolution, from among its members, directors to serve as class I directors, class II directors, and class III directors.

(2) To the extent possible, the classes shall have the same number of directors.

(b) The term of office of the class I directors shall continue until the first annual meeting of stockholders after the date on which the corporation becomes subject to this subtitle and until their successors are elected and qualify.

(c) The term of office of the class II directors shall continue until the second annual meeting of stockholders after the date on which the corporation becomes subject to this subtitle and until their successors are elected and qualify.

(d) The term of office of the class III directors shall continue until the third annual meeting of stockholders following the date on which the corporation becomes subject to this subtitle and until their successors are elected and qualify.

(e) At each annual meeting of the stockholders of a corporation, the successors to the class of directors whose term expires at that meeting shall be elected to hold office for a term continuing until:

(1) The annual meeting of stockholders held in the third year following the year of their election; and

(2) Their successors are elected and qualify.

(f) This subtitle does not limit the power of a corporation by provision in its charter to:

(1) Confer on the holders of any class or series of preference or preferred stock the right to elect one or more directors; and

(2) Designate the terms and voting powers of the directors, which may vary among the directors.
Md. Code, Transportation § 3-205 — MD Code / Article gtr / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

Notwithstanding any other provision of law or any recitals in the instruments, the bonds, notes, and other evidences of obligation issued under this subtitle are investment securities under the laws of this State.
Md. Code, Real Property § 3-501 — MD Code / Article grp / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

(a) (1) The Clerk of the Circuit Court for Montgomery County shall:

(i) Assign to each parcel of real property in the county an individual parcel identifier, numerical or otherwise; and

(ii) Record by parcel identifier in a parcel index any instrument or reference to an instrument presented for recording after June 30, 1981.

(2) Information recorded by parcel identifier in a parcel index shall be the legal record of interests affecting any parcel.

(b) (1) (i) Except as provided by subparagraph (ii) of this paragraph, all interests created after June 30, 1981 that are enforceable against real property, shall be recorded in the land records by serial number (liber or folio, or other number as the Clerk determines) and by parcel identifier.

(ii) The provisions of this subsection do not apply to:

1. Contracts for conveyance of real property;

2. Leases not required to be recorded under § 3-101(c) or (d) of this title;

3. Liens of judgment created by § 11-402 of the Courts and Judicial Proceedings Article, and other actions in law or equity which constitute a claim against or encumbrance upon the property;

4. Liens arising from nonpayment of real property taxes; and

5. Claims of the United States not subjected by federal law to the recording requirements of this State.

(2) An instrument may not be recorded after June 30, 1981 unless it is legible and contains:

(i) The parcel identifier;

(ii) The county tax account number for the parcel, if any, and if it is different from the parcel identifier;

(iii) The record legal description of the boundaries of the parcel;

(iv) The street address of the parcel, if any;

(v) The full name and address of each party to that instrument and the nature of the party’s interest; and

(vi) The name of any title insurer insuring the instrument.

(3) An instrument is not rendered invalid by failure to comply with the requirements of this section.
Md. Code, Labor and Employment § 3-920 — MD Code / Article gle / Title 3 / Subtitle 9 / Section 3-920
§3–920.
Status: in_force

(a) The Commissioner shall prepare an annual report for the Secretary and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the administration and enforcement of this subtitle, that shall include:

(1) the number and nature of complaints received;

(2) the number of investigations conducted;

(3) the number of citations issued;

(4) the number of informal resolutions of the citations;

(5) the number of citations appealed to the Office of Administrative Hearings and the outcomes of those hearings;

(6) the number of requests for judicial review of final orders and whether the orders were affirmed or overturned; and

(7) the number of civil penalties assessed, the total dollar amount of those penalties, and the total dollar amount collected.

(b) The Commissioner’s report shall be a public record.
Md. Code, Education § 3-501 — MD Code / Article ged / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

(a) (1) The Charles County Board consists of:

(i) Nine elected members; and

(ii) One student member.

(2) Of the nine elected members:

(i) Two members shall:

1. Be elected from each of the four county commissioner districts;

2. Be a resident of the county commissioner district from which the member is elected; and

3. Be elected only by the voters of that county commissioner district; and

(ii) One member shall be elected from the county at–large.

(b) (1) As applicable for that county commissioner district, at the general election the ballot shall provide the voter with the choice to cast a vote “For” a candidate for election from that county commissioner district.

(2) After the election results are certified, the State Board of Elections shall declare for each county commissioner district whether a candidate has been elected.

(c) (1) An individual elected to the county board shall be:

(i) At least 21 years old; and

(ii) A resident and registered voter of Charles County for at least 3 years.

(2) An elected member shall forfeit the office if the member:

(i) Fails to reside in the county commissioner district from which the member was elected, unless this change is caused by a change in boundaries of the district;

(ii) Fails to be a resident of the county; or

(iii) Fails to be a registered voter of the county.

(3) An individual employed by or under the direction of the county board or the county superintendent is not eligible to serve on the county board.

(d) All elected members of the Charles County Board shall be elected at a general election as required by subsection (e) of this section.

(e) (1) (i) Subject to paragraph (2) of this subsection, each elected member serves for a term of 4 years beginning on the third Monday in December after the general election and until a successor is elected and qualifies.

(ii) If the third Monday in December is a legal holiday, the term begins on the first day after the third Monday in December that is not a legal holiday.

(2) The terms of members, beginning with members elected at the general election in November 2022, are staggered as required by the terms provided for elected members of the county board on July 1, 2021.

(3) An elected member may not serve for more than two consecutive terms.

(f) (1) (i) Except as provided in subparagraph (ii) of this paragraph, within 90 days after a vacancy occurs on the county board, the elected members of the county board shall select a qualified individual to fill the vacancy on the board for the remainder of that term and until a successor is elected and qualifies.

(ii) The county board may choose not to fill a vacancy that occurs in an election year for the seat that is vacant.

(2) An individual appointed to fill a vacancy of an elected member shall be a resident of the same county commissioner district as that of the vacating member.

(3) (i) An interview of an applicant for a vacancy on the board shall be conducted by the board at a meeting open to the public.

(ii) The board shall make publicly available through its website:

1. Live video streaming of each public meeting under this paragraph; and

2. A complete video recording of each public meeting that is livestreamed in accordance with this paragraph and the Open Meetings Act.

(4) (i) The board shall publish a list of the names of the applicants for a vacancy on the board at least 2 weeks before the interview of the first applicant is scheduled to occur.

(ii) Public notice of the date, time, and location of each interview shall be published:

1. At least 2 weeks before the interview is scheduled to occur; and

2. In the same manner as a public notice of a regular meeting of the board is published.

(5) The board is not required to conduct discussions of the applicants or make the final selection of the member to fill a vacancy of the elected member at a meeting open to the public.

(g) (1) With the approval of the Governor, the State Board may remove an elected member of the county board for any of the following reasons:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Willful neglect of duty.

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

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

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

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

(4) An elected member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Charles County.

(h) (1) The student member of the Charles County Board shall be an 11th or 12th grade student in the Charles County Public School System.

(2) The student member, and an alternate, shall be selected by the Charles County Association of Student Councils.

(3) The term of the student member shall be 1 year.

(4) (i) The student member shall be a voting member of the board.

(ii) The student member may vote on all matters before the board except those relating to:

1. Hearings on appeals of special education placements;

2. Hearings held under §§ 4–205 and 7–305 of this article;

3. Personnel matters, including those under §§ 6–201 and 6–202 of this article;

4. Appointment, salary, and evaluation of the county superintendent;

5. Collective bargaining decisions;

6. Capital and operating budgets; and

7. School closings, openings, and boundaries.

(5) Unless invited to attend by an affirmative vote of a majority of the county board, the student member may not attend an executive session that relates to any matter for which the student member may not vote.

(6) On a majority vote of the elected members, the county board may determine, on a case–by–case basis, whether a matter under consideration is covered by the exclusionary provisions listed in paragraph (4) of this subsection.

(7) The State Board may remove the student member from the county board in the same manner as an elected member.
Md. Code, Business Occupations and Professions § 3-409 — MD Code / Article gbo / Title 3 / Subtitle 4 / Section 3-409
§3–409.
Status: in_force

Within 1 month after the effective date of the change, a permit holder shall submit to the Board an application form that shows a change in the name of:

(1) a responsible member of the holder;

(2) an officer or director, if the holder is a corporation;

(3) a member, if the holder is a limited liability company; or

(4) a partner, if the holder is a partnership.
Md. Code, Insurance § 3-327 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-327
§3–327.
Status: in_force

This subtitle is the Surplus Lines Insurance Law.
Md. Code, Courts and Judicial Proceedings § 3-8A-05 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-05
§3–8A–05.
Status: in_force

(a) If a person is alleged to be delinquent, the age of the person at the time the alleged delinquent act was committed controls the determination of jurisdiction under this subtitle.

(b) If a person is alleged to have committed an act under § 3-8A-19.1(b) of this subtitle, the age of the person at the time the alleged act was committed controls the determination of jurisdiction under this subtitle.

(c) In all other cases under this subtitle the age of the child at the time the petition is filed controls the determination of jurisdiction under this subtitle.

(d) In a delinquency proceeding there is no presumption of incapacity as a result of infancy for a child who is at least 7 years old.
Md. Code, Insurance § 3-127 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-127
§3–127.
Status: in_force

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

(2) “Offer to sell” has the meaning stated in the Maryland Securities Act.

(3) “Register” means to register securities with the Division of Securities in the Office of the Attorney General in accordance with §§ 11–502 and 11–504 of the Corporations and Associations Article.

(4) “Sale” has the meaning stated in the Maryland Securities Act.

(b) (1) The filing requirements of subsections (c) and (d) of this section apply to a person that engages in, proposes to engage in, or assists in the promotion or formation of:

(i) a domestic insurer;

(ii) an insurance holding corporation; or

(iii) a corporation that finances:

1. a domestic insurer or the production of its business; or

2. an insurance holding corporation or the production of its business.

(2) This section does not apply to a person that is or will be an affiliate of an authorized insurer that is a member of an insurance holding company registered with the Commissioner under § 7–601 of this article.

(c) Within 5 days after a registration is filed with the Division of Securities, a person that is required to register a proposed sale or offer to sell securities under the Maryland Securities Act shall file with the Commissioner a copy of that registration.

(d) At least 30 days before the proposed sale or offer to sell securities, a person that is exempt under § 11–602(9) and (10) of the Corporations and Associations Article from the registration requirements of §§ 11–502 and 11–504 of the Corporations and Associations Article shall file with the Commissioner the information otherwise required by § 11–502 or § 11–504 of the Corporations and Associations Article.

(e) (1) If the Commissioner determines that a person has engaged in or is about to engage in an act or practice that violates this section, the Commissioner, without notice and before a hearing, may issue and cause to be served on the person an order to cease and desist from engaging in the acts for which filing is required under this section.

(2) (i) Unless postponed by mutual consent of the parties, the Commissioner shall hold a hearing within 30 days after the date of the order.

(ii) The Commissioner shall provide notice of the hearing to each party.

(f) The Commissioner has the enforcement powers listed in §§ 2–201 and 2–203 of this article.

(g) (1) In addition to any penalty otherwise applicable under this article, the Commissioner may impose a civil penalty not exceeding $500 for each violation of this section.

(2) Each day a violation of this section continues is a separate violation.
Md. Code, Labor and Employment § 3-204 — MD Code / Article gle / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

For purposes of this subtitle and during reasonable business hours, the Commissioner may:

(1) enter and inspect a place of employment;

(2) inspect the employment records of an employee; or

(3) question any employee.
Md. Code, Business Occupations and Professions § 3-205 — MD Code / Article gbo / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

With the advice of the established architecture societies, the Board shall adopt, by regulation, a code of ethics for practicing architecture.
Md. Code, Courts and Judicial Proceedings § 3-2A-10 — MD Code / Article gcj / Title 3 / Subtitle 2A / Section 3-2A-10
§3–2A–10.
Status: in_force

Except as otherwise provided in §§ 3-2A-08A and 3-2A-09 of this subtitle, the provisions of this subtitle shall be deemed procedural in nature and may not be construed to create, enlarge, or diminish any cause of action not heretofore existing, except the defense of failure to comply with the procedures required under this subtitle.
Md. Code, Agriculture § 3-201 — MD Code / Article gag / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

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

(b) “Biological product” means any product derived from or containing microorganisms or animal tissues removed from the animal and used for diagnosing, treating, or immunizing against livestock or poultry diseases.
Md. Code, Courts and Judicial Proceedings § 3-1607 — MD Code / Article gcj / Title 3 / Subtitle 16 / Section 3-1607
§3–1607.
Status: in_force

A defendant in an action under this subtitle may not raise a defense of assumption of risk or contributory negligence based on the use of a controlled dangerous substance by the deceased individual.
Md. Code, Correctional Services § 3-508 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-508
§3–508.
Status: in_force

(a) The Division shall:

(1) formulate an accounting and record system that at all times indicates the source, nature, and extent of purchases and sales of Maryland Correctional Enterprises; and

(2) maintain accounting records and prepare financial statements in accordance with generally accepted accounting principles for enterprise fund type activities.

(b) The financial statements required under subsection (a)(2) of this section shall be prepared and available for audit purposes not later than 60 days after the close of each fiscal year.
Md. Code, Education § 3-2A-01 — MD Code / Article ged / Title 3 / Subtitle 2A / Section 3-2A-01
§3–2A–01.
Status: in_force

(a) The Anne Arundel County Board of Education consists of:

(1) Seven nonpartisan elected members; and

(2) One student member.

(b) The elected members shall be elected as follows:

(1) One member from each of the seven councilmanic districts in the county, elected by the voters of that district; and

(2) At a general election in accordance with § 3–2A–03 of this subtitle and Title 8, Subtitle 8 of the Election Law Article.

(c) The student member shall be selected in accordance with § 3–2A–05 of this subtitle.

(d) (1) (i) Each member of the county board must be a resident of Anne Arundel County.

(ii) A member elected from a councilmanic district must be a resident of that district.

(2) A member who no longer resides in Anne Arundel County may not continue as a member of the county board.

(3) (i) Subject to subparagraph (ii) of this paragraph, a member from a councilmanic district who does not maintain residency in that district may not continue as a member of the county board and the office shall be deemed vacant.

(ii) If the boundary line of a councilmanic district is changed, the term of an incumbent member of the county board who no longer resides in that councilmanic district because of the change is not affected during that term.
Md. Code, Education § 3-402 — MD Code / Article ged / Title 3 / Subtitle 4 / Section 3-402
§3–402.
Status: in_force

At its first meeting on or after the first Monday in December, the county board shall elect a president and vice president from among its members.
Md. Code, Housing and Community Development § 3-103 — MD Code / Article ghs / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

The Division includes:

(1) the Maryland Housing Fund, a governmental unit of the Department; and

(2) loan asset management for the Department.
Md. Code, Corporations and Associations § 3-117 — MD Code / Article gca / Title 3 / Subtitle 1 / Section 3-117
§3–117.
Status: in_force

(a) In this section, “foreign corporation” means a foreign corporation as defined in § 1–101 of this article.

(b) If a foreign corporation which owns property, rights, privileges, franchises, or other assets located in this State is a party to a consolidation or merger in which another foreign corporation is the successor, the transfer to, vesting in, or devolution on the successor of the property, rights, privileges, franchises, or other assets of the nonsurviving foreign corporation is effective as provided by the laws of the places which govern the consolidation or merger.

(c) The successor shall file with the Department:

(1) A property certificate under § 3–112 of this subtitle; and

(2) A certificate of its president, vice president, secretary, or assistant secretary which specifies:

(i) Each county in this State where a foreign corporation party to the consolidation or merger, except the successor, owned an interest in land;

(ii) The name of each corporation party to the consolidation or merger;

(iii) The place under the laws of which each party was organized; and

(iv) The name of the successor.

(d) If a copy of the document effecting the consolidation or merger has not been filed with the Department as provided in Title 7 of this article, the successor shall file with the Department an officially certified copy of that document.

(e) When the Department receives the articles and any certificate of the successor, it shall prepare and file certificates of consolidation or merger in the manner provided for Maryland corporations. However, the certificate of consolidation or merger need not state the principal office in this State of any corporation which does not have a principal office, and the certificate shall include the other information specified in the certificate filed by the successor.
Md. Code, Criminal Law § 3-706 — MD Code / Article gcr / Title 3 / Subtitle 7 / Section 3-706
§3–706.
Status: in_force

(a) (1) This section applies to any writing, whether or not the writing is signed, or if the writing is signed, whether or not it is signed with a fictitious name or any other mark or designation.

(2) This section does not apply to a good faith reasonable notice of dishonor and warning of criminal prosecution under Title 8, Subtitle 1 of this article given by a holder of an instrument to the maker of the instrument.

(b) A person, with the intent to unlawfully extort money, property, or anything of value from another, may not knowingly send or deliver, or make for the purpose of being sent or delivered and part with the possession of, a writing threatening to:

(1) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute; or

(2) (i) cause physical injury to a person;

(ii) inflict emotional distress on a person;

(iii) cause economic damage to a person; or

(iv) cause damage to the property of a person.

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
Md. Code, Natural Resources § 3-303 — MD Code / Article gnr / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

(a) (1) The Secretary, in consultation with the Director of the Maryland Energy Administration and in cooperation with the Secretaries of the Environment, Agriculture, Commerce, and Planning and electric company representatives shall implement a continuing research program for electric power plant site evaluation, related environmental and land use considerations, and the evaluation of the impact of electric power plants on climate change.

(2) (i) The Secretary shall seek from additional sources recommendations for related research to be included in the program.

(ii) The additional sources shall include appropriate federal and State agencies, electric companies and technical, scientific, or educational institutions or organizations.

(3) (i) The Secretary, in consultation with the Director of the Maryland Energy Administration, shall institute effective procedures for coordinating environmental research assignments to prevent dissipation of money, time, and effort.

(ii) To this end, the State’s electric companies shall be reimbursed from the Fund for environmental research specifically required to satisfy application and permit requirements for any federal, State, or local regulatory agencies, if the electric company has requested reimbursement in advance and furnishes an outline of the program and its estimated cost so that the Secretary can budget it in advance.

(b) The program shall include:

(1) General biological and ecological baseline studies, including, but not limited to, appropriate environmental studies of the biology, physics, and chemistry of the Chesapeake Bay and tributaries; sediment and biological surveys to determine and identify essential marine organism nursery areas of the State’s waters, including the Chesapeake Bay and tributaries; epibenthos; bottom species; crab; finfish and human use studies;

(2) Research to assist prediction, including but not limited to experimental research, field and laboratory, and the development and provision for physical, mathematical, and biological modeling tools to assist in determining and evaluating the effects of variation of natural waters resulting from electric generating plant operations including changes in temperature, oxygen levels, salinity, biocides, radionuclides, and “heavy” metals. This research also includes collection and organization of relevant information and data necessary to operate physical, mathematical, and biological modeling tools;

(3) Provisions for monitoring operations of electric power facilities located in the State. These provisions include but are not limited to a determination of actual distribution and effect of temperature, salinity, oxygen, radionuclides, “heavy” metals, and biological effects; radiological; “heavy” metals and biocide effects; recreational and commercial fishing gains and losses; and human health and welfare effects;

(4) Research and investigations relating to effects on air resources of electric power plants and effects of air pollutants from power plants on public health and welfare, vegetation, animals, materials, and esthetic values, including baseline studies, predictive modeling, and monitoring of the air mass at sites of proposed or operating electric generating stations, evaluation of new or improved methods for minimizing air pollution from power plants and other matters pertaining to the effect of power plants on the air environment;

(5) An environmental evaluation of electric power plant sites proposed for future development and expansion and their relationship to the waters and air of the State;

(6) An evaluation of the environmental effects of new electric power generation technologies and extraordinary systems related to power plants designed to minimize environmental effects;

(7) Determining the potential for constructive uses of waste energy to be released at proposed electric plant sites;

(8) Analysis of the socioeconomic impact of electric power generation facilities on the land uses of the State;

(9) An evaluation of the pollinator benefits that would occur under a pollinator–friendly vegetation management standard or pollinator habitat plan implemented on land:

(i) On which a proposed or an existing ground–mounted solar generation facility is located; and

(ii) That does not include land that is adjacent to the land on which the solar generation facility is located; and

(10) An evaluation of:

(i) The greenhouse gas emissions and climate effects of different electric power generation technologies based on the best available scientific information recognized by the Intergovernmental Panel on Climate Change; and

(ii) Whether the greenhouse gas emissions and climate effects of electric power generation technologies are consistent with the State’s climate commitments for reducing statewide greenhouse gas emissions, including those specified in Title 2, Subtitle 12 of the Environment Article.
Md. Code, Business Regulation § 3-205 — MD Code / Article gbr / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

(a) Whenever an individual who is authorized to inspect property in the State under this title is denied access to the property after making a proper request for access of the owner, tenant, or other person in charge of the property, the individual may apply to the District Court for an administrative search warrant.

(b) The application shall:

(1) state the nature, purpose, and scope of the inspection; and

(2) show that:

(i) the applicant:

1. is authorized by law to make the inspection; and

2. made a proper request for access at a reasonable time;

(ii) access was denied; and

(iii) the inspection is for a purpose related to safety or health.

(c) An application may not be submitted to the District Court unless approved by the Attorney General.

(d) On application in accordance with this section, the District Court may issue an administrative search warrant.
Md. Code, Agriculture § 3-110 — MD Code / Article gag / Title 3 / Subtitle 1 / Section 3-110
§3–110.
Status: in_force

A person may not knowingly expose any animal to an animal infected with a contagious or infectious disease, or place or cause to be placed any healthy or unexposed animal of the same species on any premises declared to be infected, until the infected animal is declared free from infection by the Secretary or agent. In addition to any penalty provided by the provisions of this article, any animal introduced into any infected location that has been declared infected shall be slaughtered by the Secretary or his agent, or upon order of the Secretary, without appraisement or compensation from the State.
Md. Code, Education § 3-2B-09 — MD Code / Article ged / Title 3 / Subtitle 2B / Section 3-2B-09
§3–2B–09.
Status: in_force

(a) At the first meeting of the county board in December of each year, the county board shall elect a chair and vice chair from among the members.

(b) (1) Except for the actions authorized by subsection (c) of this section, all actions of the county board shall be taken at a public meeting and a record of the meeting and all actions shall be made public.

(2) (i) Any action of the county board shall be recorded by a voice vote or a roll call vote of each individual member of the county board who is present at the public meeting.

(ii) The county board shall:

1. Keep a formal record of each public meeting; and

2. Make the record available for review by members of the public on request.

(3) (i) Any final action of the county board shall be made publicly available on the county board’s website within 72 hours of the time the action was taken.

(ii) On the county board’s website, each action shall include:

1. A full and accurate description of the action to inform the public of the motion or question; and

2. A link or reference to the related video recording of the county board meeting, if available.

(c) The county board may take actions in a closed session in accordance with § 3–305 of the General Provisions Article.
Md. Code, Labor and Employment § 3-501 — MD Code / Article gle / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

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

(b) “Employer” includes any person who employs an individual in the State or a successor of the person.

(c) (1) “Wage” means all compensation that is due to an employee for employment.

(2) “Wage” includes:

(i) a bonus;

(ii) a commission;

(iii) a fringe benefit;

(iv) overtime wages; or

(v) any other remuneration promised for service.
Md. Code, General Provisions § 3-201 — MD Code / Article ggp / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

There is a State Open Meetings Law Compliance Board.
Md. Code, Corporations and Associations § 3-515 — MD Code / Article gca / Title 3 / Subtitle 5 / Section 3-515
§3–515.
Status: in_force

(a) When the charter of a Maryland corporation has been forfeited, until a court appoints a receiver, the directors of the corporation shall manage its assets for purposes of liquidation.

(b) Unless and until articles of revival are filed, the directors shall:

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

(2) Distribute the remaining assets among the stockholders.

(c) The directors may:

(1) Carry out the contracts of the corporation;

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

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

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

(d) Forfeiture of the charter of a corporation does not subject a director of the corporation to a standard of conduct other than the standard of conduct set forth in § 2–405.1 of this article.
Md. Code, Real Property § 3-114 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-114
§3–114.
Status: in_force

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

(b) “ACP number” means the unique identification number assigned to each program participant by the Secretary or by the Office of Information Privacy.

(c) “Actual address” means a residential street address, school address, or work address of an individual, as specified on the individual’s application to be a program participant under Title 7, Subtitle 3 of the State Government Article.

(d) “Address Confidentiality Program” means the Address Confidentiality Program for survivors of threatened, attempted, or actual domestic violence, sexual assault, stalking, harassment, or human trafficking administered by the Secretary under Title 7, Subtitle 3 of the State Government Article and the Judicial Address Confidentiality Program administered by the Administrative Office of the Courts under Title 3, Subtitle 24 of the Courts Article.

(e) (1) “Identity information” means information that may be used to identify a program participant.

(2) “Identity information” includes a program participant’s:

(i) Name;

(ii) Phone number;

(iii) E–mail address;

(iv) Social Security number; and

(v) Driver’s license number.

(f) “Office of Information Privacy” means the Office of Information Privacy in the Administrative Office of the Courts.

(g) “Program participant” means an individual designated by the Secretary or by the Office of Information Privacy as a participant in an address confidentiality program.

(h) “Real Property ACP Notice” means the notice required under this part for a program participant to request the shielding of real property records.

(i) “Real property record” means any record or data maintained by a clerk of the circuit court or a State or local agency as part of the land or tax records.

(j) “Secretary” means the Secretary of State.

(k) “Shield” means to remove real property records from public inspection in accordance with this part.

(l) “Shielding” means, with respect to a real property record accepted for recording by a clerk of the circuit court or a State or local agency, removing the record to a separate secure area to which persons who do not have a legitimate reason for access are denied access.
Md. Code, Corporations and Associations § 3-510 — MD Code / Article gca / Title 3 / Subtitle 5 / Section 3-510
§3–510.
Status: in_force

Except in a proceeding by the State or any of its political subdivisions, the acceptance of articles of revival for record by the Department is conclusive evidence of:

(1) The payment of all fees, taxes, unemployment insurance contributions, and reimbursement payments required to be paid;

(2) The filing of all reports required to be filed; and

(3) The revival of the charter of the corporation.
Md. Code, Correctional Services § 3-502 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-502
§3–502.
Status: in_force

The purpose of this subtitle is to establish a Maryland Correctional Enterprises organization in the Division that:

(1) is financially self–supporting, generates revenue for its operations and capital investments, and reimburses the Division at a reasonable rate for services exchanged between the Division and Maryland Correctional Enterprises;

(2) provides meaningful work experiences for incarcerated individuals that are intended to allow incarcerated individuals to improve work habits, attitudes, and skills for the purpose of improving the employability of the incarcerated individuals on release;

(3) seeks to develop industries that provide full–time work experience or rehabilitation programs for all eligible incarcerated individuals;

(4) operates correctional industries in an environment that resembles as closely as possible the environment of private sector business operations; and

(5) makes the Division responsible for and accountable to the Secretary and the Governor for the Maryland Correctional Enterprises program.
Md. Code, Criminal Law § 3-320 — MD Code / Article gcr / Title 3 / Subtitle 3 / Section 3-320
§3–320.
Status: in_force

In a criminal prosecution under § 3–303, § 3–304, §§ 3–307 through 3–310, § 3–314, or § 3–315 of this subtitle, a judge may not instruct the jury:

(1) to examine the testimony of the prosecuting witness with caution, solely because of the nature of the charge;

(2) that the charge is easily made or difficult to disprove, solely because of the nature of the charge; or

(3) to follow another similar instruction, solely because of the nature of the charge.
Md. Code, Natural Resources § 3-202 — MD Code / Article gnr / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

(a) (1) A board of 19 trustees has and shall exercise the powers and duties of the Trust.

(2) The Governor, the President of the Senate, and the Speaker of the House of Delegates are ex officio members of the board of trustees.

(3) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, beginning on June 1, 2017, of the remaining 16 trustees, four shall be elected each year for a term of four years at any regular or special meeting by a majority vote of the trustees present.

(ii) In order to bring the composition of the board of trustees up to 16 elected trustees, four trustees shall be elected in October 2016.

(iii) The trustees shall elect a trustee as follows:

1. The Governor shall submit three recommendations to the board of trustees, of which two shall be elected;

2. The President of the Senate shall submit three recommendations to the board of trustees, of which one shall be elected; and

3. The Speaker of the House of Delegates shall submit three recommendations to the board of trustees, of which one shall be elected.

(iv) Insofar as is practicable and consistent with the purposes of the Trust, the recommendations for an elected trustee shall:

1. Represent a broad distribution of professions and geographies;

2. Reflect the diversity of the State; and

3. Represent individuals with experience in one or more of the following categories:

A. Conservation or preservation of parklands, agricultural land, forest land, historic and cultural properties, natural areas, or important recreational lands;

B. Agriculture, including the horse industry;

C. Community planning and land use policy, with an emphasis on community sustainability, health communities, community food systems, youth development and education, or green infrastructure;

D. Academic work in natural science, social science, or cultural science at the university level; and

E. Business leadership, governance, or fund–raising in any of the categories identified under this item.

(v) 1. Except as provided under subsubparagraph 2 of this subparagraph, an elected trustee may not serve more than two consecutive terms.

2. The chair may serve a third consecutive term if elected as chair during or after the second year of the chair’s second term.

3. The terms of elected trustees are staggered as required by the terms provided for trustees of the Trust on June 1, 2016.

4. A trustee who is elected to fill a vacancy that arises after a term has begun:

A. Shall be elected from recommendations submitted by the Governor, the President of the Senate, or the Speaker of the House of Delegates in accordance with subparagraph (iii) of this paragraph, as applicable; and

B. Serves only for the rest of the term and until a successor is elected.

(b) A trustee:

(1) May not receive compensation as a trustee of the Trust; but

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

(c) (1) An ex officio member of the board of trustees may delegate any of the powers or duties of the member to an authorized representative.

(2) (i) The representative of the Governor shall be a member of the Executive Department of this State.

(ii) The representative of the President of the Senate shall be a member of the Senate.

(iii) The representative of the Speaker of the House shall be a member of the House of Delegates.
Md. Code, Courts and Judicial Proceedings § 3-2C-01 — MD Code / Article gcj / Title 3 / Subtitle 2C / Section 3-2C-01
§3–2C–01.
Status: in_force

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

(b) “Claim” means a civil action, including an original claim, counterclaim, cross-claim, or third-party claim, originally filed in a circuit court or United States District Court against a licensed professional or the employer, partnership, or other entity through which the licensed professional performed professional services that is based on the licensed professional’s alleged negligent act or omission in rendering professional services, within the scope of the professional’s license, permit, or certificate, for others.

(c) “Licensed professional” means:

(1) An architect licensed under Title 3 of the Business Occupations and Professions Article;

(2) An interior designer certified under Title 8 of the Business Occupations and Professions Article;

(3) A landscape architect licensed under Title 9 of the Business Occupations and Professions Article;

(4) A professional engineer licensed under Title 14 of the Business Occupations and Professions Article; or

(5) A professional land surveyor or property line surveyor licensed under Title 15 of the Business Occupations and Professions Article.

(d) (1) “Qualified expert” means an individual who is a licensed professional, or comparably licensed or certified professional under the laws of another jurisdiction, knowledgeable in the accepted standard of care in the same discipline as the licensed professional against whom a claim is filed.

(2) “Qualified expert” does not include:

(i) A party to the claim;

(ii) An employee or partner of a party;

(iii) An employee or stockholder of a professional corporation of which a party is a stockholder; or

(iv) A person having a financial interest in the outcome of the claim.
Md. Code, State Government § 3-203 — MD Code / Article gsg / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

This subtitle does not apply if the Governor-elect is the incumbent Governor.
Md. Code, Public Safety § 3-408 — MD Code / Article gps / Title 3 / Subtitle 4 / Section 3-408
§3–408.
Status: in_force

Before performing the duties of a railroad police officer, each railroad police officer shall take the oath required by Article I, § 9 of the Maryland Constitution before the clerk of the circuit court where the appointment is received.
Md. Code, Commercial Law § 3-304 — MD Code / Article gcl / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

(a) An instrument payable on demand becomes overdue at the earliest of the following times:

(1) On the day after the day demand for payment is duly made;

(2) If the instrument is a check, 90 days after its date; or

(3) If the instrument is not a check, when the instrument has been outstanding for a period of time after its date which is unreasonably long under the circumstances of the particular case in light of the nature of the instrument and usage of the trade.

(b) With respect to an instrument payable at a definite time the following rules apply:

(1) If the principal is payable in installments and a due date has not been accelerated, the instrument becomes overdue upon default under the instrument for nonpayment of an installment, and the instrument remains overdue until the default is cured.

(2) If the principal is not payable in installments and the due date has not been accelerated, the instrument becomes overdue on the day after the due date.

(3) If a due date with respect to principal has been accelerated, the instrument becomes overdue on the day after the accelerated due date.

(c) Unless the due date of principal has been accelerated, an instrument does not become overdue if there is default in payment of interest but no default in payment of principal.
Md. Code, Public Safety § 3-518 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-518
§3–518.
Status: in_force

Each law enforcement agency shall annually report to the Maryland Police Training and Standards Commission, in accordance with § 3–207 of this title:

(1) the number of serious officer–involved incidents;

(2) the number of officers disciplined; and

(3) the type of discipline administered to each officer who was disciplined.
Md. Code, Health - General § 3-404 — MD Code / Article ghg / Title 3 / Subtitle 4 / Section 3-404
§3–404.
Status: in_force

A local health department that employs a registered nurse shall be subject to inspection by the Department.
Md. Code, Corporations and Associations § 3-402 — MD Code / Article gca / Title 3 / Subtitle 4 / Section 3-402
§3–402.
Status: in_force

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

(b) If the action is taken before the organization meeting of the board of directors, the dissolution shall be approved by resolution of a majority of the incorporators.

(c) If the action is taken after the organization meeting of the board of directors, the dissolution shall be approved by resolution of a majority of the entire board of directors.
Md. Code, Estates and Trusts § 3-112 — MD Code / Article get / Title 3 / Subtitle 1 / Section 3-112
§3–112.
Status: in_force

(a) A surviving parent is not entitled under § 3-104 of this subtitle to a distribution of the net estate of a minor child of the parent if the parent:

(1) Abandoned the child; or

(2) Willfully failed to contribute to the support of the child for at least 3 consecutive years immediately preceding the death of the child or for the life of the child, whichever is less.

(b) A parent shall be deemed to have abandoned a minor child under subsection (a)(1) of this section if the conduct of the parent demonstrates a settled purpose willfully and intentionally to relinquish all parental rights and duties with respect to the child and to renounce and forsake the child entirely.
Md. Code, Education § 3-6A-04 — MD Code / Article ged / Title 3 / Subtitle 6A / Section 3-6A-04
§3–6A–04.
Status: in_force

(a) Each nonstudent member of the Harford County Board is entitled to receive $3,600 annually for travel and other expenses related to the performance of duties as a member of the board.

(b) Payments to a nonstudent member for the expenses described in subsection (a) of this section shall be paid in 12 equal monthly installments.

(c) Subject to the approval of the board, a nonstudent member may be reimbursed for additional travel and other expenses.
Md. Code, Labor and Employment § 3-408 — MD Code / Article gle / Title 3 / Subtitle 4 / Section 3-408
§3–408.
Status: in_force

(a) The Commissioner may ascertain what wage is paid in any occupation in the State.

(b) (1) In an investigation under this subtitle, the Commissioner shall try to negotiate with an employer to obtain the testimony or documentary evidence that is needed to determine whether a violation exists.

(2) If the Commissioner is unable to obtain evidence by negotiation, the Commissioner may issue a subpoena for the attendance of a witness to testify or the production of documentary evidence that relates to the subject matter of the complaint.

(3) Each application for a subpoena under this subsection shall:

(i) be under oath; and

(ii) describe in detail:

1. the nature, purpose, and scope of the investigation;

2. each witness to be subpoenaed; and

3. each record to be inspected.

(4) A subpoena may not be issued unless the application is approved by the Attorney General as to form and substance.

(5) If a person fails to comply with a subpoena issued under this subsection, on a complaint filed by the Commissioner, a circuit court may compel compliance with the subpoena.
Md. Code, Housing and Community Development § 3-102 — MD Code / Article ghs / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

There is a Division of Credit Assurance.
Md. Code, Courts and Judicial Proceedings § 3-1406 — MD Code / Article gcj / Title 3 / Subtitle 14 / Section 3-1406
§3–1406.
Status: in_force

This subtitle does not impair any right of indemnity under existing law.
Md. Code, Criminal Law § 3-1102 — MD Code / Article gcr / Title 3 / Subtitle 11 / Section 3-1102
§3–1102.
Status: in_force

(a) (1) A person may not knowingly:

(i) take or cause another to be taken to any place for prostitution;

(ii) place, cause to be placed, or harbor another in any place for prostitution;

(iii) persuade, induce, entice, or encourage another to be taken to or placed in any place for prostitution;

(iv) receive consideration to procure for or place in a house of prostitution or elsewhere another with the intent of causing the other to engage in prostitution or assignation;

(v) engage in a device, scheme, or continuing course of conduct intended to cause another to believe that if the other did not take part in a sexually explicit performance, the other or a third person would suffer physical restraint or serious physical harm; or

(vi) destroy, conceal, remove, confiscate, or possess an actual or purported passport, immigration document, or government identification document of another while otherwise violating or attempting to violate this subsection.

(2) A parent, guardian, or person who has permanent or temporary care or custody or responsibility for supervision of another may not consent to the taking or detention of the other for prostitution.

(b) (1) A person may not violate subsection (a) of this section involving a victim who is a minor.

(2) A person may not violate subsection (a) of this section with the use of or intent to use force, threat, coercion, or fraud.

(c) (1) (i) Except as provided in paragraph (2) of this subsection, a person who violates subsection (a) of this section is guilty of the misdemeanor of sex trafficking and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.

(ii) A person who violates subsection (a) of this section is subject to § 5–106(b) of the Courts Article.

(2) A person who violates subsection (b) of this section is guilty of the felony of sex trafficking and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $15,000 or both.

(d) A person who violates this section may be charged, tried, and sentenced in any county in or through which the person transported or attempted to transport the other.

(e) (1) A person who knowingly benefits financially or by receiving anything of value from participation in a venture that includes an act described in subsection (a) or (b) of this section is subject to the same penalties that would apply if the person had violated that subsection.

(2) A person who knowingly aids, abets, or conspires with one or more other persons to violate any subsection of this section is subject to the same penalties that apply for a violation of that subsection.

(f) It is not a defense to a prosecution under subsection (b)(1) or (e) of this section that the person did not know the age of the victim.
Md. Code, Estates and Trusts § 3-413 — MD Code / Article get / Title 3 / Subtitle 4 / Section 3-413
§3–413.
Status: in_force

In an action arising under this subtitle, a court may:

(1) On a showing of clear and convincing evidence, modify:

(i) The calculation of the value of an augmented estate;

(ii) The calculation of the value of an estate subject to election;

(iii) The calculation of the value of spousal benefits; or

(iv) The sources of payment of an elective share;

(2) Consider the circumstances of any transfer or arrangement, including:

(i) The extent of control retained by the decedent;

(ii) The motivation for the transfer or arrangement;

(iii) The familial relationship between the decedent and the beneficiary of the transfer or arrangement;

(iv) The degree, if any, to which the transfer or arrangement deprives the surviving spouse of property that otherwise might form part of the value of the augmented estate, estate subject to election, or spousal benefits;

(v) The degree, if any, to which the transfer or arrangement provides a benefit to the surviving spouse beyond what would be available to the surviving spouse as part of the elective share;

(vi) The length and nature of the relationship between the decedent and the surviving spouse;

(vii) The nature and value of the surviving spouse’s assets; and

(viii) The relationship of the beneficiary of the transfer or arrangement to any previous owner of the property subject to the transfer or arrangement;

(3) Award reasonable attorney’s fees;

(4) Pass orders requiring the holder or recipient of any portion of an augmented estate, an estate subject to election, or spousal benefits to provide any information that the court considers necessary to determine the value or sources of payment of an elective share; and

(5) Transmit issues of fact relating to the value or sources of payment of an elective share to the circuit court of the county in which the election under § 3–403 of this subtitle is filed.