Md. Code, Economic Development § 10-646 — MD Code / Article gec / Title 10 / Subtitle 6 / Section 10-646
§10–646.
Status: in_force

(a) Before any bonds are issued to finance improvements to a Baltimore City public school facility:

(1) a four–party memorandum of understanding that meets the requirements of this section shall be entered into and signed by the Authority, Baltimore City, the Baltimore City Board of School Commissioners, and the Interagency Commission on School Construction; and

(2) the Baltimore City Board of School Commissioners shall submit a long–term educational facilities master plan to the Joint Audit and Evaluation Committee and the budget committees, in accordance with § 2–1257 of the State Government Article.

(b) In the case of a dispute between the parties relating to the provisions to be included in the memorandum of understanding, the State Superintendent of Schools shall facilitate resolution of the items in dispute.

(c) The memorandum of understanding shall be agreed to by the parties on or before October 1, 2013, and may not go into effect until it is approved by the Board of Public Works.

(d) (1) The memorandum of understanding shall authorize the Authority to design and improve, or contract for the design and improvement of, a Baltimore City public school facility.

(2) The authority granted to the Authority under paragraph (1) of this subsection is subject to the rights and responsibilities of the Interagency Commission on School Construction for the design and construction of a Baltimore City public school facility.

(e) The memorandum of understanding shall require:

(1) specific parameters regarding the roles, rights, and responsibilities of each party with respect to the process for and management of program development, scheduling, budgeting, procurement, design, construction administration, capital equipping, and maintenance of improvements to a Baltimore City public school facility;

(2) specific parameters regarding the authority of the Baltimore City Board of School Commissioners over educational programs and issues relating to the Baltimore City Public Schools’ 10–Year Plan, including educational specifications, feasibility studies, and design elements of educational buildings, which shall provide that at the completion of schematic design, all parties shall agree to project scope, schedule, and budget;

(3) specific parameters for a review and comment period for any proposed amendments to the Baltimore City Public Schools’ 10–Year Plan, as referenced in § 10–645(a) of this subtitle;

(4) specific procedures related to the role of the Interagency Commission on School Construction related to improvements to a Baltimore City public school facility financed under this subtitle, which shall provide for efficiencies in cost, schedules, and processes;

(5) a process for determining which planned projects for improvements to Baltimore City public school facilities will proceed as planned or will be postponed or canceled;

(6) a pledge by Baltimore City, subject to annual appropriation, to deposit the following into the Baltimore City Public School Construction Financing Fund:

(i) all revenues and receipts from the beverage container tax imposed by Baltimore City Ordinance No. 12–45, enacted June 26, 2012; and

(ii) 10% of the participation rent paid to Baltimore City by the operator of the video lottery facility located in Baltimore City;

(7) a partnership between the Baltimore City Board of School Commissioners, the Baltimore City Department of Planning, Housing, Recreation, and Parks, and the Mayor of Baltimore City to coordinate new investment in Baltimore City public school facilities with the community development goals of Baltimore City;

(8) a plan for any new or substantially renovated Baltimore City public school facilities to be available for recreational opportunities for the community;

(9) a plan to present all architectural plans for all major renovation and new public school construction buildings and sites to the Baltimore City Planning Department’s Urban Design and Architectural Review Panel for schematic and final design review;

(10) a process developed and agreed to by Baltimore City and the Baltimore City Board of School Commissioners to expedite the closure of public school buildings as provided in the Baltimore City Public Schools’ 10–Year Plan approved on January 8, 2013, and to arrange for the productive use of the closed buildings through the surplus process;

(11) a plan developed by the Baltimore City Board of School Commissioners and approved by the Interagency Commission on School Construction for preventative and ongoing maintenance for existing, new, and renovated Baltimore City public school facilities, including funding sufficient to implement the plan;

(12) a plan developed by the Baltimore City Board of School Commissioners and approved by the Interagency Commission on School Construction providing for minimum school utilization standards;

(13) the creation of a “Stat” program for the Baltimore City Public Schools’ 10–Year Plan;

(14) specific parameters for Baltimore City public school facilities financed under this subtitle regarding:

(i) property management, maintenance plans and standards, annual inspections, and property insurance; and

(ii) any claims, losses, or damages arising from the Authority’s improvement of any Baltimore City public school facility;

(15) a process to resolve disputes and revise the memorandum of understanding, if necessary; and

(16) an allocation of the public school improvements to be undertaken by the Authority and the Baltimore City Board of School Commissioners, respectively.
Md. Code, Health - General § 10-708 — MD Code / Article ghg / Title 10 / Subtitle 7 / Section 10-708
§10–708.
Status: in_force

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

(2) “Lay advisor” means an individual at a facility, who is knowledgeable about mental health practice and who assists individuals with rights complaints.

(3) “Medication” means psychiatric medication prescribed for the treatment of a mental disorder.

(4) “Panel” means a clinical review panel that determines, under the provisions of this section, whether to approve that medication be administered to an individual who objects to the medication.

(b) Medication may not be administered to an individual who refuses the medication, except:

(1) In an emergency, on the order of a physician where the individual presents a danger to the life or safety of the individual or others; or

(2) In a nonemergency, when the individual is hospitalized involuntarily or committed for treatment by order of a court and the medication is approved by a panel under the provisions of this section.

(c) (1) A panel shall consist of the following individuals appointed by the chief executive officer of the facility or the chief executive officer’s designee, one of whom shall be appointed chairperson:

(i) The clinical director of the psychiatric unit, if the clinical director is a physician, or a physician designated by the clinical director;

(ii) A psychiatrist; and

(iii) A mental health professional, other than a physician.

(2) If a member of the clinical review panel also is directly responsible for implementing the individualized treatment plan for the individual under review, the chief executive officer of the facility or the chief executive officer’s designee shall designate another panel member for that specific review.

(d) (1) The chief executive officer of the facility or the chief executive officer’s designee shall give the individual and the lay advisor written notice at least 24 hours prior to convening a panel.

(2) Except in an emergency under subsection (b)(1) of this section, medication or medications being refused may not be administered to an individual prior to the decision of the panel.

(e) (1) The notice under subsection (d)(1) of this section shall include the following information:

(i) The date, time, and location that the panel will convene;

(ii) The purpose of the panel; and

(iii) A complete description of the rights of an individual under paragraph (2) of this subsection.

(2) At a panel, an individual has the following rights:

(i) To attend the meeting of the panel, excluding the discussion conducted to arrive at a decision;

(ii) To present information, including witnesses;

(iii) To ask questions of any person presenting information to the panel;

(iv) To request assistance from a lay advisor; and

(v) To be informed of:

1. The name, address, and telephone number of the lay advisor;

2. The individual’s diagnosis; and

3. An explanation of the clinical need for the medication or medications, including potential side effects, and material risks and benefits of taking or refusing the medication.

(3) The chairperson of the panel may:

(i) Postpone or continue the panel for good cause, for a reasonable time; and

(ii) Take appropriate measures necessary to conduct the panel in an orderly manner.

(f) Prior to determining whether to approve the administration of medication, the panel shall:

(1) Review the individual’s clinical record, as appropriate;

(2) Assist the individual and the treating physician to arrive at a mutually agreeable treatment plan; and

(3) Meet for the purpose of receiving information and clinically assessing the individual’s need for medication by:

(i) Consulting with the individual regarding the reason or reasons for refusing the medication or medications and the individual’s willingness to accept alternative treatment, including other medication;

(ii) Consulting with facility personnel who are responsible for initiating and implementing the individual’s treatment plan, including discussion of the current treatment plan and alternative modes of treatment, including medications that were considered;

(iii) Receiving information presented by the individual and other persons participating in the panel;

(iv) Providing the individual with an opportunity to ask questions of anyone presenting information to the panel; and

(v) Reviewing the potential consequences of requiring the administration of medication and of withholding the medication from the individual.

(g) The panel may approve the administration of medication or medications and may recommend and approve alternative medications if the panel determines that:

(1) The medication is prescribed by a psychiatrist for the purpose of treating the individual’s mental disorder;

(2) The administration of medication represents a reasonable exercise of professional judgment; and

(3) Without the medication, the individual is at substantial risk of continued hospitalization because of:

(i) Remaining seriously mentally ill with no significant relief of the mental illness symptoms that:

1. Cause the individual to be a danger to the individual or others while in the hospital;

2. Resulted in the individual being committed to a hospital under this title or Title 3 of the Criminal Procedure Article; or

3. Would cause the individual to be a danger to the individual or others if released from the hospital;

(ii) Remaining seriously mentally ill for a significantly longer period of time with the mental illness symptoms that:

1. Cause the individual to be a danger to the individual or to others while in the hospital;

2. Resulted in the individual being committed to a hospital under this title or Title 3 of the Criminal Procedure Article; or

3. Would cause the individual to be a danger to the individual or others if released from the hospital; or

(iii) Relapsing into a condition in which the individual is unable to provide for the individual’s essential human needs of health or safety.

(h) (1) A panel shall base its decision on its clinical assessment of the information contained in the individual’s record and information presented to the panel.

(2) A panel may meet privately to reach a decision.

(3) A panel may not approve the administration of medication where alternative treatments are available and are acceptable to both the individual and the facility personnel who are directly responsible for implementing the individual’s treatment plan.

(i) (1) A panel shall document its consideration of the issues and the basis for its decision on the administration of medication or medications.

(2) A panel shall provide a written decision on the administration of medication or medications, and the decision shall be provided to the individual, the lay advisor, and the individual’s treatment team for inclusion in the individual’s medical record.

(3) If a panel approves the administration of medication, the decision shall specify:

(i) The medication or medications approved and the dosage and frequency range;

(ii) The duration of the approval, not to exceed the maximum time provided under subsection (n) of this section; and

(iii) The reason that alternative treatments, including the medication, if any, were rejected by the panel.

(4) If a panel approves the administration of medication, the decision shall contain:

(i) Notice of the right to request a hearing under subsection (l) of this section;

(ii) The right to request representation or assistance of a lawyer or other advocate of the individual’s choice; and

(iii) The name, address, and telephone number of the designated State protection and advocacy agency and the Lawyer Referral Service.

(j) A panel shall convene within 9 days after an individual’s refusal of medication for a period of at least 72 hours if:

(1) The individual was committed to a hospital under Title 3 of the Criminal Procedure Article because of a mental disorder; and

(2) The treatment plan developed under § 10–706 of this subtitle indicates that there is a substantial likelihood that, without immediate treatment, the individual will remain a danger to self or the person or property of another.

(k) If a panel approves the administration of medication, the lay advisor promptly shall:

(1) Inform the individual of the individual’s right to appeal the decision under subsection (l) of this section;

(2) Ensure that the individual has access to a telephone as provided under § 10–702(b) of this subtitle;

(3) If the individual requests a hearing, notify the chief executive officer of the facility or the chief executive officer’s designee pursuant to subsection (l)(1) of this section and give the individual written notice of the date, time, and location of the hearing; and

(4) Advise the individual of the provision for renewal of an approval under subsection (n) of this section.

(l) (1) An individual may request an administrative hearing to appeal the panel’s decision by filing a request for hearing with the chief executive officer of the facility or the chief executive officer’s designee within 48 hours of receipt of the decision of the panel.

(2) Within 24 hours of receipt of a request for hearing, the chief executive officer of the facility or the chief executive officer’s designee shall forward the request to the Office of Administrative Hearings.

(3) An initial panel decision authorizing the administration of medication shall be stayed for 48 hours. If a request for hearing is filed, the stay shall remain in effect until the issuance of the administrative decision.

(4) The Office of Administrative Hearings shall conduct a hearing and issue a decision within 7 calendar days of the decision by the panel.

(5) The administrative hearing may be postponed by agreement of the parties or for good cause shown.

(6) The administrative law judge shall conduct a de novo hearing to determine if the standards and procedures in this section are met.

(7) At the hearing, the individual representing the facility:

(i) May introduce the decision of the panel as evidence; and

(ii) Shall prove, by a preponderance of the evidence, that the standards and procedures of this section have been met.

(8) The administrative law judge shall state on the record the findings of fact and conclusions of law.

(9) The determination of the administrative law judge is a final decision for the purpose of judicial review of a final decision under the Administrative Procedure Act.

(m) (1) Within 14 calendar days from the decision of the administrative law judge, the individual or the facility may appeal the decision and the appeal shall be to the circuit court on the record from the hearing conducted by the Office of Administrative Hearings.

(2) The scope of review shall be as a contested case under the Administrative Procedure Act.

(3) (i) Review shall be on the audiophonic tape without the necessity of transcription of the tape, unless either party to the appeal requests transcription of the tape.

(ii) A request for transcription of the tape shall be made at the time the appeal is filed.

(iii) The Office of Administrative Hearings shall prepare the transcription prior to the appeal hearing, and the party requesting the transcription shall bear the cost of transcription.

(4) The circuit court shall hear and issue a decision on an appeal within 7 calendar days from the date the appeal was filed.

(n) (1) Treatment pursuant to this section may not be approved for longer than 90 days.

(2) (i) Prior to expiration of an approval period and if the individual continues to refuse medication, a panel may be convened to decide whether renewal is warranted.

(ii) Notwithstanding the provisions of paragraph (1) of this subsection, if a clinical review panel approves the renewal of the administration of medication or medications, the administration of medication or medications need not be interrupted if the individual appeals the renewal of approval.

(o) When medication is ordered pursuant to the approval of a panel under this section and at a minimum of every 15 days, the treating physician shall document any known benefits and side effects to the individual.

(p) (1) The Administration shall develop and conduct training on the requirements of this section to ensure compliance at all State facilities.

(2) The training is mandatory for all clinical directors and all individuals who are eligible to serve on a panel.
Md. Code, Economic Development § 10-1102 — MD Code / Article gec / Title 10 / Subtitle 11 / Section 10-1102
§10–1102.
Status: in_force

This subtitle shall be liberally construed to carry out the purposes of this subtitle.
Md. Code, Natural Resources § 10-1105 — MD Code / Article gnr / Title 10 / Subtitle 11 / Section 10-1105
§10–1105.
Status: in_force

A Natural Resources police officer or any law enforcement officer, upon arresting any person for violating any provision of this title or any regulation adopted pursuant to this title, may seize every bird, mammal, reptile, and amphibian unlawfully caught, sold, offered for sale, transported, or possessed. The Department may dispose of any seized species of wildlife at the Department’s discretion.
Md. Code, Election Law § 10-307 — MD Code / Article gel / Title 10 / Subtitle 3 / Section 10-307
§10–307.
Status: in_force

(a) The members of each local board shall be available as needed on an election day.

(b) The local board shall provide the staff of each polling place with the means to contact and obtain support from the office of the local board on election day.
Md. Code, Courts and Judicial Proceedings § 10-101 — MD Code / Article gcj / Title 10 / Subtitle 1 / Section 10-101
§10–101.
Status: in_force

(a) “Business” includes business, profession, and occupation of every kind.

(b) A writing or record made in the regular course of business as a memorandum or record of an act, transaction, occurrence, or event is admissible to prove the act, transaction, occurrence, or event.

(c) The practice of the business must be to make such written records of its acts at the time they are done or within a reasonable time afterwards.

(d) The lack of personal knowledge of the maker of the written notice may be shown to affect the weight of the evidence but not its admissibility.
Md. Code, Natural Resources § 10-2A-05 — MD Code / Article gnr / Title 10 / Subtitle 2A / Section 10-2A-05
§10–2A–05.
Status: in_force

(a) (1) Except with respect to species of wildlife or plants determined to be endangered or threatened pursuant to the Endangered Species Act, the Secretary, upon the petition of an interested person that meets the requirements of paragraph (2) of this subsection, shall conduct a review of any listed or unlisted species proposed to be removed from or added to the lists published pursuant to § 10–2A–04(f) of this subtitle, if the Secretary publishes public notice that the person has presented substantial evidence which warrants a review.

(2) A petition submitted by an interested person under paragraph (1) of this subsection shall include:

(i) A description of the biological distribution of the species in the State;

(ii) The life needs and habitat requirements of the species;

(iii) Evidence:

1. Of the species’ decline, if the species is an unlisted species; or

2. That the species is more common than previously believed and documented, if the species is a listed species;

(iv) All known threats that jeopardize the continued existence of the species;

(v) Any other relevant biological and ecological data or other life history information pertinent to the status of the species;

(vi) Evidence that the species is recognized as a valid species, or infraspecific taxa of regional or national significance; and

(vii) Adequate documentation that the species occurs naturally and is permanently established in the State.

(b) (1) When any species of wildlife or plant is listed as a threatened species pursuant to § 10–2A–04(f) of this subtitle, the Secretary shall adopt regulations necessary and advisable to provide for the conservation of the species.

(2) The Secretary, by regulations, may prohibit with respect to any threatened species of wildlife or plant any act prohibited under subsection (c) of this section.

(c) Except as provided in subsection (f) of this section and §§ 10–2A–05.1, 10–2A–05.2, and 10–2A–05.3 of this subtitle, with respect to any endangered species of wildlife, a person may not:

(1) Export the species from the State;

(2) Take the species within the State;

(3) Possess, process, sell or offer for sale, deliver, carry, transport, or ship the species by any means; or

(4) Violate any regulation pertaining to the conservation of the species or to any threatened species of wildlife listed pursuant to this subsection and adopted by the Secretary pursuant to authority provided by this section.

(d) Except as provided in subsection (f) of this section, with respect to any endangered species of plant, a person may not:

(1) Export the species from the State;

(2) Possess, process, sell, offer for sale, deliver, carry, transport, or ship the species by any means; or

(3) Violate any regulation pertaining to the species or to any threatened species of plant listed pursuant to § 10–2A–04(f) of this subtitle and adopted by the Secretary.

(e) Any endangered species of wildlife or plant which enters the State from another state or from a point outside the territorial limits of the United States and which is transported to a point within or beyond the State may enter and be transported without restriction in accordance with the terms of any federal permit or permit issued under the laws or regulations of another state.

(f) The Secretary may permit, under the terms and conditions that the Secretary prescribes, any act otherwise prohibited by subsections (c) and (d) of this section for scientific purposes or to enhance the propagation or survival of the affected species.
Md. Code, Criminal Procedure § 10-202 — MD Code / Article gcp / Title 10 / Subtitle 2 / Section 10-202
§10–202.
Status: in_force

The General Assembly finds that there is a need:

(1) to create a central repository for criminal history record information;

(2) to require the reporting of accurate, relevant, and current criminal history record information to the Central Repository by all criminal justice units;

(3) to ensure that criminal history record information is kept accurate and current; and

(4) to prohibit the improper dissemination of criminal history record information.
Md. Code, Tax - General § 10-306 — MD Code / Article gtg / Title 10 / Subtitle 3 / Section 10-306
§10–306.
Status: reserved

(a) In addition to the modification under § 10–305 of this subtitle, the amounts under this section are added to the federal taxable income of a corporation to determine Maryland modified income.

(b) The addition under subsection (a) of this section includes the additions required for an individual under:

(1) § 10–205(b) of this title (Enterprise zone wage credit, employment opportunity credit, disability credit, and qualified ex–felon employee credit);

(2) § 10–205(c) of this title (Reforestation and timber stand modification);

(3) § 10–205(e) of this title (Net operating loss modification);

(4) § 10–205(g) of this title (Unlicensed child care facility operating expenses);

(5) § 10–205(i) of this title (Maryland research and development tax credit); and

(6) § 10–205(m) of this title (Credit for share of taxes paid by pass–through entities).

(c) Repealed.

(d) Repealed.

(e) Repealed.

(f) The addition under subsection (a) of this section includes the amount of a credit claimed under § 10–726 of this title for research and development expenses for cellulosic ethanol technology.
Md. Code, Business Regulation § 10-502 — MD Code / Article gbr / Title 10 / Subtitle 5 / Section 10-502
§10–502.
Status: in_force

(a) Except as provided in subsection (b) of this section, a refiner or other supplier of motor fuel to a retail service station may not engage in, sponsor, promote, advertise, or otherwise perform or participate in a game of chance to be marketed or offered to the public at a retail service station in the State.

(b) (1) A supplier of motor fuel authorized under this title to supply retail service stations may, at such stations, sponsor, promote, advertise, or otherwise perform or participate in a game of chance if the retail service station dealer agrees to participate in the game of chance.

(2) A supplier of motor fuel authorized under this section to conduct a game of chance may not require a retail service station dealer to participate in the game of chance.
Md. Code, Human Services § 10-706 — MD Code / Article ghu / Title 10 / Subtitle 7 / Section 10-706
§10–706.
Status: in_force

The regulations required to be adopted under § 10–705 of this subtitle shall:

(1) ensure that the total amount of funding available for grants under the Program is allocated among all counties based on each county’s proportion of the total State adult population; and

(2) provide that if a county is unable to use its allocation, any unspent funds shall revert to the Program and be redistributed among all counties.
Md. Code, Economic Development § 10-204 — MD Code / Article gec / Title 10 / Subtitle 2 / Section 10-204
§10–204.
Status: in_force

(a) The General Assembly finds that:

(1) (i) the marketing of food is a matter of public interest and the maintenance of wholesale market places is and has always been recognized as a public function;

(ii) public health and safety are adversely affected by the unsafe, obsolete, and unsanitary conditions of existing food markets;

(iii) the vast quantities of food and related food products brought annually from all parts of the United States into the wholesale markets in the State must pass through market facilities that are obsolete and inadequate to meet present needs;

(iv) the scattered locations of and difficulty of access to wholesale markets constitute an economic loss, and the obsolescence of markets is responsible for much of the high cost of food handling and for deterioration that takes place both in the wholesale markets and between the markets and the consumer’s doorstep;

(v) modern consolidated facilities would result in an annual saving; and

(vi) there is a need for a consolidated wholesale food market in the State, and, in spite of this need, efforts on the part of the State, the City of Baltimore, the wholesale food trade, growers, and the transportation industry have failed to effect the consolidation of wholesale markets satisfactorily;

(2) (i) constructing, operating, and maintaining wholesale markets, and in particular a consolidated market for the State, would require the expenditure of a large sum of money; and

(ii) the financial systems of the political subdivisions of the State are not designed to undertake projects described under item (i) of this item on a nonprofit, self–liquidating basis, and the best method of creating a market is to establish and authorize a market authority as a public corporation to:

1. acquire land for a market development;

2. construct and operate a market development; and

3. make loans to and otherwise assist persons engaged in the wholesale food industry who want to locate in a market development;

(3) it is in the public interest to:

(i) eliminate or correct the conditions described in item (1) of this subsection regarding the marketing of food; and

(ii) establish an economical and modern method of marketing wholesale food in the State by constructing a modern, sanitary, and accessible market development that may include:

1. warehouse facilities used by wholesalers or retailers principally engaged in the sale of food and used for storage of food and beverages and nonfood products sold from time to time in connection with the sale of food at retail; and

2. any ancillary or appurtenant facility that the Authority determines will enhance the public convenience or attractiveness of the market development including:

A. a bank;

B. a parking or other transportation facility;

C. a restaurant;

D. a store; or

E. any other commercial enterprise; and

(4) (i) there exists a need and the opportunity to capitalize on the vast resources of finfish and shellfish that can be found in the State’s coastal waters;

(ii) development of the seafood industry on the Eastern Shore could:

1. provide an opportunity for the State to capitalize on these resources;

2. create new jobs; and

3. produce other economic benefit to the State;

(iii) a centralized seafood project is needed for the development of these resources and resulting economic benefit; and

(iv) the development of the project and these resources would be in the public interest and can best be accomplished through the Authority.

(b) The General Assembly finds that it is desirable that, when sufficient revenue will be derived from the operation of a project or development to amortize its cost within a reasonable period, the cost be defrayed if practicable by issuing bonds or other debt instruments payable from the revenue derived from project operations.
Md. Code, Local Government § 10-306 — MD Code / Article glg / Title 10 / Subtitle 3 / Section 10-306
§10–306.
Status: in_force

A county may create and revise election districts and precincts.
Md. Code, Real Property § 10-609 — MD Code / Article grp / Title 10 / Subtitle 6 / Section 10-609
§10–609.
Status: in_force

Any person that knowingly violates the provisions of this subtitle or knowingly misrepresents the existence of a new home warranty shall be subject to a fine not exceeding $50,000 or imprisonment for not more than 2 years or both in addition to any other penalties provided for in this subtitle.
Md. Code, Economic Development § 10-323 — MD Code / Article gec / Title 10 / Subtitle 3 / Section 10-323
§10–323.
Status: in_force

(a) (1) The Authority may periodically:

(i) issue bonds for any corporate purpose, including operating expenses;

(ii) refund those bonds;

(iii) purchase its bonds with any funds available; and

(iv) hold, pledge, cancel, or resell bonds.

(2) By resolution, the Authority may authorize the chair, vice chair, one of its members, or a committee of its members to determine, provide for, or approve any matters relating to bonds that the Authority considers appropriate including:

(i) specifying, determining, prescribing, and approving matters, documents, and procedures that relate to the authorization, sale, security, issuance, delivery, and payment of and for the bonds;

(ii) creating security for the bonds;

(iii) providing for the administration of bond issues; and

(iv) taking other actions it considers appropriate concerning the bonds.

(3) The power granted in paragraph (2) of this subsection is in addition to powers conferred on the Authority by this subtitle and does not limit any power of the Authority under this subtitle.

(4) (i) Subject to subparagraph (ii) of this paragraph, the Authority may authorize the Executive Director to take any of the actions described in paragraph (2) of this subsection.

(ii) If the Authority authorizes the Executive Director to take any of the actions described in paragraph (2) of this subsection, the Authority shall prescribe limits within which the Executive Director may exercise discretion.

(b) (1) Except as otherwise provided by the Authority, each issue of its bonds is a general obligation of the Authority payable from any revenues or money of the Authority that are available and not otherwise pledged.

(2) The provisions of paragraph (1) of this subsection are subject to any agreements with:

(i) holders of particular bonds pledging any particular revenues or money; and

(ii) any participating institution.

(c) For each issue of its bonds, the Authority shall pass a resolution that:

(1) specifies and describes the project for which the proceeds of the bond issuance are intended;

(2) generally describes the public purpose and the financing transaction to be accomplished;

(3) specifies the maximum principal amount of the bonds that may be issued by the Authority; and

(4) imposes any terms or conditions on the issuance and sale of the bonds that the Authority considers appropriate.

(d) Subject to any provision for their registration, bonds are negotiable instruments for all purposes regardless of whether they are payable from a special fund.

(e) (1) The bonds may be:

(i) serial bonds;

(ii) term bonds; or

(iii) both in the discretion of the Authority.

(2) Subject to any delegation under subsection (a)(2) of this section, the resolution authorizing bonds may provide:

(i) the dates of the bonds;

(ii) the maturity dates of the bonds;

(iii) the interest rates on the bonds;

(iv) the time at which the bonds will be payable;

(v) the denominations of the bonds;

(vi) whether the bonds will be in a coupon or registered form;

(vii) any registration privileges of the bonds;

(viii) the manner of execution of the bonds;

(ix) the place at which the bonds will be payable; and

(x) any terms of redemption of the bonds.

(3) The bonds shall mature within a period not to exceed 50 years after their date.

(4) The bonds shall be payable in United States currency.

(f) The bonds may be sold by competitive or negotiated sale at a price determined by the Authority.

(g) Pending preparation of the definitive bonds, the Authority may issue interim receipts or certificates that will be exchanged for definitive bonds.

(h) (1) A trust agreement authorizing bonds may contain provisions that are part of the contract with the bondholders.

(2) The provisions may include:

(i) pledging the following to secure payment of bonds, subject to any existing agreements with bondholders:

1. the full faith and credit of the Authority;

2. the full faith and credit of a participating institution;

3. revenues of a project;

4. a revenue–producing contract the Authority has made with a person or public entity; or

5. the proceeds of the sale of bonds;

(ii) the rentals, fees, and other charges, the amounts to be raised in each year, and the use and disposition of the revenues;

(iii) setting aside of reserves and sinking funds and their disposition;

(iv) limits on the right of the Authority or its agents to restrict and regulate the use of a project;

(v) limits on the purpose to which the proceeds of sale of bonds may be applied;

(vi) limits on issuing additional bonds, the terms under which additional bonds may be issued and secured, and refunding outstanding bonds;

(vii) the procedure to amend or abrogate the terms of a contract with bondholders and the requirements for consent;

(viii) limits on the amount of project revenues to be expended for operating, administrative, or other expenses of the Authority;

(ix) the acts or omissions that constitute default by the Authority and the rights and remedies of the bondholders in the event of a default;

(x) the conveyance or mortgaging of a project and its site to secure the bondholders; and

(xi) creation and disposition of a collateral fund, instead of conveyance or mortgage, for the purpose of securing the bondholders.

(i) The members of the Authority and a person executing the bonds may not be held liable personally on the bonds.
Md. Code, Natural Resources § 10-2B-07 — MD Code / Article gnr / Title 10 / Subtitle 2B / Section 10-2B-07
§10–2B–07.
Status: in_force

(a) A person that violates this subtitle:

(1) For a first offense, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding the greater of $3,000 or 2 times the value of the covered animal species part or product;

(2) For a second or subsequent offense for which the value of the covered animal species part or product in question does not exceed $250, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $6,000; or

(3) For a second or subsequent offense for which the value of the covered animal species part or product in question exceeds $250, is guilty of a misdemeanor and on conviction is subject to a fine not exceeding the greater of $10,000 or 3 times the value of the covered animal species part or product.

(b) If a person is convicted of violating this subtitle, in addition to any other penalty provided in this title, the court may order the person to pay restitution to the State in an amount not exceeding 2 times the value of the covered animal species part or product in question.

(c) Fines and restitution imposed under this section shall be credited to the Department for the benefit of the State Wildlife Management and Protection Fund established under § 10–209 of this title, to be used only for the preservation of threatened or endangered species.
Md. Code, Health - General § 10-616 — MD Code / Article ghg / Title 10 / Subtitle 6 / Section 10-616
§10–616.
Status: in_force

(a) (1) A certificate for involuntary admission of an individual under this part shall:

(i) Be based on the personal examination of the physician, psychologist, psychiatric nurse practitioner, licensed certified social worker–clinical, or licensed clinical professional counselor who signs the certificate; and

(ii) Be in the form that the Secretary adopts, by rule or regulation.

(2) The rules and regulations shall require the form to include:

(i) A diagnosis of a mental disorder of the individual;

(ii) An opinion that the individual needs inpatient care or treatment; and

(iii) An opinion that admission to a facility or Veterans’ Administration hospital is needed for the protection of the individual or another.

(b) A certificate may not be used for admission if the examination on which the certificate is made was done:

(1) More than 1 week before the certificate is signed; or

(2) More than 30 days before the facility or the Veterans’ Administration hospital receives the application for admission.

(c) A certificate may not be used for an admission if the physician, psychologist, psychiatric nurse practitioner, licensed certified social worker–clinical, or licensed clinical professional counselor who signed the certificate:

(1) Has a financial interest, through ownership or compensation, in a proprietary facility and admission to that proprietary facility is sought for the individual whose status is being certified; or

(2) Is related, by blood or marriage, to the individual or to the applicant.
Md. Code, Health Occupations § 10-207 — MD Code / Article gho / Title 10 / Subtitle 2 / Section 10-207
§10–207.
Status: in_force

A person shall have the immunity from liability described under § 5-711 of the Courts and Judicial Proceedings Article for giving information to the Board or otherwise participating in its activities.
Md. Code, Correctional Services § 10-501 — MD Code / Article gcs / Title 10 / Subtitle 5 / Section 10-501
§10–501.
Status: in_force

In this subtitle, “fund” means an incarcerated individual welfare fund established under § 10–502 of this subtitle.
Md. Code, Health Occupations § 10-307 — MD Code / Article gho / Title 10 / Subtitle 3 / Section 10-307
§10–307.
Status: in_force

(a) Subject to the provisions of this subsection, the Board shall waive the appropriate examination requirement of this title for an applicant who:

(1) Pays the application fee set by the Board under § 10-304 of this subtitle; and

(2) (i) If applying for an occupational therapist license, was certified by the American Occupational Therapy Certification Board as an occupational therapist registered (O.T.R.) at any time before July 1, 1979; or

(ii) If applying for an occupational therapy assistant license, was certified by the American Occupational Therapy Certification Board as a certified occupational therapy assistant (C.O.T.A.) at any time before July 1, 1979.

(b) The Board may grant a waiver of the appropriate examination requirement of this subtitle to an applicant for an occupational therapist license who, on or after July 1, 1979, is certified by the American Occupational Therapy Certification Board as an occupational therapist registered (O.T.R.), or to an applicant for an occupational therapy assistant license who, on or after July 1, 1979, is certified by the American Occupational Therapy Certification Board as a certified occupational therapy assistant (C.O.T.A.), only if the applicant:

(1) Pays the application fee set by the Board under § 10-304 of this subtitle; and

(2) Provides adequate evidence that the applicant became certified after meeting requirements that are at least equivalent to the licensing requirements of this State.
Md. Code, Corporations and Associations § 10-601 — MD Code / Article gca / Title 10 / Subtitle 6 / Section 10-601
§10–601.
Status: in_force

Except as otherwise provided in this subtitle:

(1) To the extent set forth in the partnership agreement, a partner is entitled to receive distributions from a limited partnership before his withdrawal and before the dissolution and winding up of the limited partnership; and

(2) To the extent set forth in the partnership agreement, a limited partner is entitled to receive distributions which constituted a return of any part of that limited partner’s contribution before his withdrawal and before the winding up of the limited partnership.
Md. Code, Business Regulation § 10-305 — MD Code / Article gbr / Title 10 / Subtitle 3 / Section 10-305
§10–305.
Status: in_force

(a) (1) Each dealer, manufacturer, refiner, or special fuel seller who imports motor fuel into the State shall submit to the Comptroller refinery specifications, including additive specifications, without regard to where the additives become part of the motor fuel.

(2) The Comptroller may waive this section only when consumers in the State otherwise would be subject to extreme hardship during an emergency or civil disturbance.

(b) (1) When submitting refinery specifications, a dealer, manufacturer, refiner, or special fuel seller, with the approval of the Comptroller, may designate 1 or more components of the motor fuel, including an additive, as a trade secret.

(2) In determining whether a component is a trade secret, the Comptroller shall consider whether a chemist who uses modern analytical techniques reasonably could be expected to identify the component.

(3) The Comptroller shall make every reasonable effort to protect the trade secret.
Md. Code, Estates and Trusts § 10-102 — MD Code / Article get / Title 10 / Subtitle 1 / Section 10-102
§10–102.
Status: in_force

(a) After an estate has been closed, a claim not barred may be prosecuted against one or more of the persons to whom property has been distributed.

(b) An heir or legatee shall not be liable to claimants for amounts in excess of the value of the heir’s or legatee’s distribution, valued at the time of distribution or the time of filing suit, whichever is lower.

(c) (1) An heir or legatee has a right of contribution against other heirs and legatees.

(2) Between the heirs and legatees under paragraph (1) of this subsection, each shall bear the cost of satisfaction of unbarred claims as if the claim had been satisfied before distribution.
Md. Code, Insurance § 10-120 — MD Code / Article gin / Title 10 / Subtitle 1 / Section 10-120
§10–120.
Status: in_force

(a) Without regard to the examination requirements of this subtitle, the Commissioner may issue a temporary license to act as an insurance producer to an individual if the individual:

(1) is otherwise qualified; and

(2) is:

(i) the surviving spouse, next of kin, personal representative, or appointee of the personal representative, of a deceased insurance producer;

(ii) the spouse, next of kin, employee, or legal guardian of a mentally or physically disabled insurance producer; or

(iii) an employee of a firm, or an officer or employee of a corporation, of a deceased or disabled insurance producer.

(b) Before a person acts as a temporary insurance producer in the State, the person must obtain:

(1) a temporary license in the kind or subdivision of insurance for which the person intends to act as an insurance producer; and

(2) if applicable, an appointment from an insurer.

(c) An applicant for a temporary license shall:

(1) file with the Commissioner an application on the form that the Commissioner provides; and

(2) pay to the Commissioner the applicable fee required by § 2-112 of this article.

(d) Within 30 days after the date an application is received, the Commissioner shall:

(1) issue a temporary license to the applicant; or

(2) refuse in writing to issue a temporary license, stating the reasons for the refusal.

(e) A temporary license issued under subsection (a) of this section expires 15 months after its effective date.
Md. Code, Corporations and Associations § 10-504 — MD Code / Article gca / Title 10 / Subtitle 5 / Section 10-504
§10–504.
Status: in_force

Distributions of cash or other assets of a limited partnership shall be allocated among the partners, and among classes of partners, in the manner provided in the partnership agreement. Unless otherwise provided in the partnership agreement, distributions shall be made on the basis of the sharing of profits and losses.
Md. Code, Correctional Services § 10-310 — MD Code / Article gcs / Title 10 / Subtitle 3 / Section 10-310
§10–310.
Status: in_force

Subject to the approval of the Secretary, the Board may adopt regulations governing claims filed under this subtitle.
Md. Code, Insurance § 10-210 — MD Code / Article gin / Title 10 / Subtitle 2 / Section 10-210
§10–210.
Status: in_force

A licensee may conduct an insurance advisory business as a sole proprietorship, partnership, association, or corporation if:

(1) each individual who acts as an adviser is licensed under this subtitle; and

(2) the trade name of the business is registered with the Commissioner.
Md. Code, Insurance § 10-708 — MD Code / Article gin / Title 10 / Subtitle 7 / Section 10-708
§10–708.
Status: in_force

The Commissioner may adopt regulations to carry out this subtitle, including regulations concerning:

(1) the form and content of required disclosures to customers;

(2) the training requirements for employees and authorized representatives of vendors; and

(3) the qualifications of the individuals who provide training.
Md. Code, Corporations and Associations § 10-212 — MD Code / Article gca / Title 10 / Subtitle 2 / Section 10-212
§10–212.
Status: in_force

This subtitle does not repeal, supersede, or in any manner affect any remedy or provision of law:

(1) For the collection of taxes, unemployment insurance contributions, or reimbursement payments and the interest and penalties due on them; or

(2) To compel the filing of annual reports.
Md. Code, Commercial Law § 10-104 — MD Code / Article gcl / Title 10 / Subtitle 1 / Section 10-104
§10–104.
Status: in_force

Title 7 on documents of title does not repeal or modify any laws prescribing the form or contents of documents of title or the services or facilities to be afforded by bailees, or otherwise regulating bailees’ businesses in respects not specifically dealt with herein; but the fact that such laws are violated does not affect the status of a document of title which otherwise complies with the definition of a document of title (§ 1-201).
Md. Code, Economic Development § 10-130 — MD Code / Article gec / Title 10 / Subtitle 1 / Section 10-130
§10–130.
Status: in_force

(a) In this section, “Fund” means the Dorchester County Economic Development Fund.

(b) There is a Dorchester County Economic Development Fund in the Corporation.

(c) (1) The Fund is a continuing, nonlapsing fund that is not subject to reversion under § 7–302 of the State Finance and Procurement Article.

(2) The Corporation shall manage and administer the Fund on terms and conditions acceptable to the Corporation and the Department.

(3) The Comptroller shall account and collect for the Fund and disburse the revenues to the trustee maintaining the Fund for the Corporation.

(4) Any investment earnings of the Fund shall be paid into the Fund.

(d) The Fund consists of revenues from the hotel surcharge imposed under § 11-102(b) of the Tax - General Article.

(e) (1) The Fund shall be used to:

(i) complete the Corporation project commonly known as the Chesapeake Bay Conference Center; and

(ii) satisfy the full and final settlement of pending construction claims related to the project and any bonds issued in connection with those claims.

(2) The Fund may be pledged by the Corporation to pay bonds issued to satisfy the full and final settlement of pending construction claims on the project.
Md. Code, Economic Development § 10-419 — MD Code / Article gec / Title 10 / Subtitle 4 / Section 10-419
§10–419.
Status: in_force

(a) There is a Maryland Technology Incubator Program.

(b) The Corporation shall administer the Program.
Md. Code, Economic Development § 10-507 — MD Code / Article gec / Title 10 / Subtitle 5 / Section 10-507
§10–507.
Status: in_force

The Attorney General serves as legal advisor to the Corporation.
Md. Code, Business Regulation § 10-407 — MD Code / Article gbr / Title 10 / Subtitle 4 / Section 10-407
§10–407.
Status: in_force

(a) An operator of a vehicle or vessel who gets motor fuel for transport from a marine terminal, pipeline tank farm, place of manufacture, refinery, or other type of bulk storage shall:

(1) have a copy of the loading ticket or manifest; and

(2) deliver a copy of the loading ticket or manifest to the buyer or consignee of the motor fuel at the time of delivery.

(b) A loading ticket or manifest shall accompany each conveyance that leaves a place of loading.
Md. Code, Health - General § 10-710 — MD Code / Article ghg / Title 10 / Subtitle 7 / Section 10-710
§10–710.
Status: in_force

(a) Each minor who is being cared for or treated in a residential, State facility shall be placed in a unit for minors and may not be placed in a unit where adults are placed, unless the individual plan of treatment for the minor provides otherwise.

(b) A person, on behalf of the minor, may file a petition in the circuit court for the county where the facility is located, to compel compliance with this section.
Md. Code, Tax - General § 10-503 — MD Code / Article gtg / Title 10 / Subtitle 5 / Section 10-503
§10–503.
Status: in_force

The taxable year of an individual terminates on the date of death.
Md. Code, Alcoholic Beverages and Cannabis § 10-2703 — MD Code / Article gab / Title 10 / Subtitle 27 / Section 10-2703
§10–2703.
Status: in_force

The granting of probation before judgment to a license holder or an employee of the license holder for a violation of § 6–307 of this article does not bar the Board from proceeding administratively against the license holder for the violation.
Md. Code, Agriculture § 10-607 — MD Code / Article gag / Title 10 / Subtitle 6 / Section 10-607
§10–607.
Status: in_force

(a) Except as provided in subsection (b) of this section, the Secretary shall deny access to any business–related information concerning any person who applies for a certificate or is certified under this subtitle.

(b) If the Secretary determines that disclosure is necessary to protect the public health, the Secretary may disclose any business–related information concerning any person who applies for a certificate or is certified under this subtitle.
Md. Code, Economic Development § 10-1120 — MD Code / Article gec / Title 10 / Subtitle 11 / Section 10-1120
§10–1120.
Status: in_force

A debt, claim, obligation, or liability of the Corporation or any subsidiary is not:

(1) a debt, claim, obligation, or liability of the State, a unit or instrumentality of the State, or of a State officer or State employee; or

(2) a pledge of the credit of the State.
Md. Code, Transportation § 10-208 — MD Code / Article gtr / Title 10 / Subtitle 2 / Section 10-208
§10–208.
Status: reserved

Preamble

WHEREAS, The Washington Metropolitan Area Transit Authority, an interstate compact agency of the District of Columbia, the Commonwealth of Virginia, and the State of Maryland, provides transportation services to millions of people each year, the safety of whom is paramount; and

WHEREAS, An effective and safe Washington Metropolitan Area Transit Authority system is essential to the commerce and prosperity of the National Capital region; and

WHEREAS, The Tri–State Oversight Committee, created by a memorandum of understanding amongst these three jurisdictions, has provided safety oversight of the Washington Metropolitan Area Transit Authority; and

WHEREAS, 49 U.S.C. § 5329 requires the creation of a legally and financially independent state authority for safety oversight of all fixed rail transit facilities; and

WHEREAS, The District of Columbia, the Commonwealth of Virginia, and the State of Maryland intend to create a Washington Metrorail Safety Commission to act as the state safety oversight authority for the Washington Metropolitan Area Transit Authority system under 49 U.S.C. § 5329; and

WHEREAS, This compact is created for the benefit of the people of the District of Columbia, the Commonwealth of Virginia, and the State of Maryland and for the increase of their safety, commerce, and prosperity;

Now, Therefore, the State of Maryland, the Commonwealth of Virginia, and the District of Columbia, hereafter referred to as the signatories, covenant and agree as follows:

ARTICLE I.

Definitions

1. As used in this MSC Compact, the following words and terms shall have the meanings set forth below, unless the context clearly requires a different meaning. Capitalized terms used herein, but not otherwise defined in this act, shall have the definition set forth in regulations issued under 49 U.S.C. § 5329, as they may be revised from time to time.

(a) “Alternate Member” means an alternate member of the Board.

(b) “Board” means the board of directors of the Commission.

(c) “Commission” means the Washington Metrorail Safety Commission.

(d) “Member” means a member of the Board.

(e) “MSC Compact” means this Washington Metrorail Safety Commission Interstate Compact created by this act.

(f) “Public Transportation Agency Safety Plan” means the comprehensive agency safety plan for a rail transit agency required by 49 U.S.C. § 5329 and the regulations issued thereunder, as may be amended or revised from time to time.

(g) “Public Transportation Safety Certification Training Program” means the federal certification training program, as established and amended from time to time by applicable federal laws and regulations, for federal and state employees, or other designated personnel, who conduct safety audits and examinations of public transportation systems, and employees of public transportation agencies directly responsible for safety oversight.

(h) “Safety Sensitive Position” means any position held by a WMATA employee or contractor designated in the Public Transportation Agency Safety Plan for the WMATA Rail System and approved by the Commission as directly or indirectly affecting the safety of the passengers or employees of the WMATA Rail System.

(i) “Signatory” means the State of Maryland, the Commonwealth of Virginia, and the District of Columbia.

(j) “State”, “state”, or “jurisdiction” means the District of Columbia, the State of Maryland, or the Commonwealth of Virginia.

(k) “Washington Metropolitan Area Transit Authority” or “WMATA” is the entity created by the WMATA Compact, which entity is responsible for providing certain rail fixed guideway public transportation system services.

(l) “WMATA Compact” means the Washington Metropolitan Area Transit Authority Compact, approved November 6, 1966.

(m) “WMATA Rail System” or “Metrorail” means the rail fixed guideway public transportation system and all other real and personal property owned, leased, operated, or otherwise used by WMATA rail services and shall include WMATA rail projects under design or construction by owners other than WMATA.

ARTICLE II.

Purpose and Functions

2. The Signatories to the WMATA Compact hereby adopt this MSC Compact pursuant to 49 U.S.C. § 5329. The Commission created hereunder shall have safety regulatory and enforcement authority over the WMATA Rail System and shall act as the state safety oversight authority for WMATA under 49 U.S.C. § 5329, as may be amended from time to time. WMATA shall be subject to the Commission’s rules, regulations, actions, and orders.

3. The purpose of this MSC Compact is to create a state safety oversight authority for the WMATA Rail System, pursuant to the mandate of federal law, as a common agency of each Signatory, empowered in the manner hereinafter set forth to review, approve, oversee, and enforce the safety of the WMATA Rail System, including, without limitation, to:

(a) Have exclusive safety oversight authority and responsibility over the WMATA Rail System pursuant to federal law, including, without limitation, the power to restrict, suspend, or prohibit rail service on all or part of the WMATA Rail System as set forth in this MSC Compact;

(b) Develop and adopt a written state safety oversight program standard;

(c) Review and approve the WMATA Public Transportation Agency Safety Plan;

(d) Investigate Hazards, Incidents, and Accidents on the WMATA Rail System;

(e) Require, review, approve, oversee, and enforce Corrective Action Plans developed by WMATA; and

(f) Meet other requirements of federal and State law relating to safety oversight of the WMATA Rail System.

ARTICLE III.

Establishment and Organization

A. Washington Metrorail Safety Commission.

4. The Commission is hereby created as an instrumentality of each Signatory, which shall be a public body corporate and politic, and which shall have the powers and duties set forth in this MSC Compact.

5. The Commission shall be financially and legally independent from WMATA.

B. Board Membership.

6. The Commission shall be governed by a Board of 6 Members with 2 Members appointed or reappointed (including to fill an unexpired term) by each Signatory pursuant to the Signatory’s applicable laws.

7. Each Signatory shall also appoint or reappoint (including to fill an unexpired term) one Alternate Member pursuant to the Signatory’s applicable laws.

8. An Alternate Member shall participate and take action as a Member only in the absence of one or both Members appointed from the same jurisdiction as the Alternate Member’s appointing jurisdiction and, in such instances, may cast a single vote.

9. Members and Alternate Members shall have backgrounds in transit safety, transportation, relevant engineering disciplines, or public finance.

10. No Member or Alternate Member shall simultaneously hold an elected public office, serve on the WMATA board of directors, be employed by WMATA, or be a contractor to WMATA.

11. Each Member and Alternate Member shall serve a 4–year term and may be reappointed for additional terms; except that, each Signatory shall make its initial appointments as follows:

(a) One Member shall be appointed for a 4–year term;

(b) One Member shall be appointed for a 2–year term; and

(c) The Alternate Member shall be appointed for a 3–year term.

12. Any person appointed to fill a vacancy shall serve for the unexpired term.

13. Members and Alternate Members shall be entitled to reimbursement for reasonable and necessary expenses and shall be compensated for each day spent meeting on the business of the Commission at a rate of $200 per day or at such other rate as may be adjusted in appropriations approved by all of the Signatories.

14. A Member or an Alternate Member may be removed or suspended from office only for cause in accordance with the laws of such Member’s or Alternate Member’s appointing jurisdiction.

C. Quorum and Actions of the Board.

15. Four Members shall constitute a quorum. The affirmative vote of 4 Members is required for action of the Board, other than as provided in Section 32. Quorum and voting requirements under this paragraph may be met with one or more Alternate Members pursuant to section 8.

16. The Commission’s action shall become effective upon enactment unless otherwise provided for by the Commission.

D. Oath of Office.

17. Before entering office, each Member and Alternate Member shall take and subscribe to the following oath (or affirmation) of office or any such other oath or affirmation as the constitution or laws of the Signatory he or she represents shall provide:

“I, ___________, hereby solemnly swear (or affirm) that I will support and defend the Constitution and the laws of the United States as a Member (or Alternate Member) of the Board of the Washington Metrorail Safety Commission and will faithfully discharge the duties of the office upon which I am about to enter.”

E. Organization and Procedure.

18. The Board shall provide for its own organization and procedure. Meetings of the Board shall be held as frequently as the Board determines, but in no event less than quarterly. The Board shall keep minutes of its meetings and establish rules and regulations governing its transactions and internal affairs, including, without limitation, policies regarding records retention that are not in conflict with applicable federal record retention laws.

19. The Commission shall keep commercially reasonable records of its financial transactions in accordance with accounting principles generally accepted in the United States of America.

20. The Commission shall establish an office for the conduct of its affairs at a location to be determined by the Commission.

21. The Commission shall adopt the Federal Freedom of Information Act, codified at 5 U.S.C. § 552(a)–(d) and (g), and Government in the Sunshine Act, codified at 5 U.S.C. § 552b, as both may be amended from time to time, as its freedom–of–information policy and open–meeting policy, respectively, and shall not be subject to the comparable laws or policies of any Signatory.

22. Reports of investigations or inquiries adopted by the Board shall be made publicly available.

23. The Commission shall adopt a policy on conflict of interest that shall be consistent with the regulations issued under 49 U.S.C. § 5329, as they may be revised from time to time, which, among other things, places appropriate separation between Members, officers, employees, contractors, and agents of the Commission and WMATA.

24. The Commission shall adopt and utilize its own administrative procedure and procurement policies in conformance with applicable federal regulations and shall not be subject to the administrative procedure or procurement laws of any Signatory.

F. Officers and Employees.

25. The Board shall elect a Chairman, Vice Chairman, Secretary, and Treasurer from among its Members, each for a 2–year term and shall prescribe their powers and duties.

26. The Board shall appoint and fix the compensation and benefits of a chief executive officer who shall be the chief administrative officer of the Commission and who shall have expertise in transportation safety and one or more industry–recognized transportation safety certifications.

27. Consistent with 49 U.S.C. § 5329, as may be amended from time to time, the Commission may employ, under the direction of the chief executive officer, such other technical, legal, clerical, and other employees on a regular, part–time, or as–needed basis as it determines necessary or desirable for the discharge of its duties.

28. The Commission shall not be bound by any statute or regulation of any Signatory in the employment or discharge of any officer or employee of the Commission, but shall develop its own policies in compliance with federal law. The MSC shall, however, consider the laws of the Signatories in devising its employment and discharge policies, and when it deems it practical, devise policies consistent with the laws of the Signatories.

29. The Board may fix and provide policies for the qualification, appointment, removal, term, tenure, compensation benefits, workers’ compensation, pension, and retirement rights of its employees subject to federal law. The Board may also establish a personnel system based on merit and fitness and, subject to eligibility, participate in the pension, retirement, and workers’ compensation plans of any Signatory or agency or political subdivision thereof.

ARTICLE IV.

Powers

A. Safety Oversight Powers.

30. In carrying out its purposes, the Commission, through its Board or designated employees or agents, shall, consistent with federal law:

(a) Adopt, revise, and distribute a written State Safety Oversight Program;

(b) Review, approve, oversee, and enforce the adoption and implementation of WMATA’s Public Transportation Agency Safety Plan;

(c) Require, review, approve, oversee, and enforce the adoption and implementation of any Corrective Action Plans that the Commission deems appropriate;

(d) Implement and enforce relevant federal and State laws and regulations relating to safety of the WMATA Rail System; and

(e) Audit every 3 years the compliance of WMATA with WMATA’s Public Transportation Agency Safety Plan or conduct such an audit on an ongoing basis over a 3–year time frame.

31. In performing its duties, the Commission, through its Board or designated employees or agents, may:

(a) Conduct, or cause to be conducted, inspections, investigations, examinations, and testing of WMATA personnel and contractors, property, equipment, facilities, rolling stock, and operations of the WMATA Rail System, including, without limitation, electronic information and databases through reasonable means, which may include issuance of subpoenas;

(b) Enter upon the WMATA Rail System and, upon reasonable notice and a finding by the chief executive officer that a need exists, upon any lands, waters, and premises adjacent to the WMATA Rail System, including, without limitation, property owned or occupied by the federal government, for the purpose of making inspections, investigations, examinations, and testing as the Commission may deem necessary to carry out the purposes of this MSC Compact, and such entry shall not be deemed a trespass. The Commission shall make reasonable reimbursement for any actual damage resulting to any such adjacent lands, waters, and premises as a result of such activities;

(c) Compel WMATA’s compliance with any Corrective Action Plan or order of the Commission by such means as the Commission deems appropriate, including, without limitation, by:

(1) Taking legal action in a court of competent jurisdiction;

(2) Issuing citations or fines with funds going into an escrow account for spending by WMATA on Commission–directed safety measures;

(3) Directing WMATA to prioritize spending on safety–critical items;

(4) Removing a specific vehicle, infrastructure element, or Hazard from the WMATA Rail System; and

(5) Compelling WMATA to restrict, suspend, or prohibit rail service on all or part of the WMATA Rail System with an appropriate notice period dictated by the circumstances;

(d) Direct WMATA to suspend or disqualify from performing in any Safety Sensitive Position an individual who is alleged to or has violated safety rules, regulations, policies, or laws;

(e) Compel WMATA’s Office of the Inspector General, created under WMATA Board Resolution 2006–18, or any successor WMATA office or organization having similar duties, to conduct safety–related audits or investigations and to provide its findings to the Commission; and

(f) Take such other actions as the Commission may deem appropriate consistent with its purpose and powers.

32. Action by the Board under section 31(c)(5) shall require the unanimous vote of all Members present and voting. The Commission shall coordinate its enforcement activities with appropriate federal and State governmental authorities.

B. General Powers.

33. In addition to the powers and duties set forth above, the Commission may:

(a) Sue and be sued;

(b) Adopt, amend, and repeal rules and regulations respecting the exercise of the powers conferred by this MSC Compact;

(c) Create and abolish offices, employments, and positions (other than those specifically provided for in this MSC Compact) necessary or desirable for the purposes of the Commission;

(d) Determine a staffing level for the Commission that is commensurate with the size and complexity of the WMATA Rail System, and require that employees and other designated personnel of the Commission, who are responsible for safety oversight, be qualified to perform such functions through appropriate training, including, without limitation, successful completion of the Public Transportation Safety Certification Training Program;

(e) Contract for or employ consulting attorneys, inspectors, engineers, and such other experts necessary or desirable and, within the limitations prescribed in this MSC Compact, prescribe their powers and duties and fix their compensation;

(f) Enter into and perform contracts, leases, and agreements necessary or desirable in the performance of its duties and in the execution of the powers granted under this MSC Compact;

(g) Apply for, receive, and accept such payments, appropriations, grants, gifts, loans, advances, and other funds, properties, and services as may be transferred or made available to it by the United States government or any other public or private entity or individual, subject to the limitations specified in section 42;

(h) Adopt an official seal and alter the same at its pleasure;

(i) Adopt and amend by–laws, policies, and procedures governing the regulation of its affairs;

(j) Appoint one or more advisory committees; and

(k) Do such other acts necessary or desirable for the performance of its duties and the execution of its powers under this MSC Compact.

34. Consistent with this MSC Compact, the Commission shall promulgate rules and regulations to carry out the purposes of this MSC Compact.

ARTICLE V.

General Provisions

A. Annual Safety Report.

35. The Commission shall make and publish annually a status report on the safety of the WMATA Rail System, which shall include, among other requirements established by the Commission and federal law, status updates of outstanding Corrective Action Plans, Commission directives, and ongoing investigations. A copy of each such report shall be provided to:

(a) The Administrator of the Federal Transit Administration;

(b) The Governor of Virginia, the Governor of Maryland, and the Mayor of the District of Columbia;

(c) The Chair of the Council of the District of Columbia;

(d) The President of the Maryland Senate and the Speaker of the Maryland House of Delegates;

(e) The President of the Virginia Senate and the Speaker of the Virginia House of Delegates; and

(f) The General Manager and each member of the board of directors of WMATA.

36. The Commission may prepare, publish, and distribute such other safety reports that it deems necessary or desirable.

B. Annual Report of Operations.

37. The Commission shall make and publish an annual report on its programs, operations, and finances, which shall be distributed in the same manner provided by section 35.

38. The Commission may also prepare, publish, and distribute such other public reports and informational materials as it deems necessary or desirable.

C. Annual Independent Audit.

39. An independent annual audit shall be made of the financial accounts of the Commission. The audit shall be made by qualified certified public accountants selected by the Board, who shall have no personal interest, direct or indirect, in the financial affairs of the Commission or any of its officers or employees. The report of audit shall be prepared in accordance with generally accepted auditing principles and shall be distributed in the same manner provided by section 35. Members, employees, agents, and contractors of the Commission shall provide access to information necessary or desirable for the conduct of the annual audit.

D. Financing.

40. The Commission’s operations shall be funded, independently of WMATA, by the Signatory jurisdictions and, when available, by federal funds. The Commission shall have no authority to levy taxes.

41. The Signatories shall unanimously agree on adequate funding levels for the Commission and make equal contributions of such funding, subject to annual appropriation, to cover the portion of Commission operations not funded by federal funds.

42. The Commission may borrow up to 5% of its last annual appropriations budget in anticipation of receipts, or as otherwise set forth in the appropriations budget approved by all of the Signatories, from any lawful lending institution for any purpose of this MSC Compact, including, without limitation, for administrative expenses. Such loans shall be for a term not to exceed 2 years, or at such longer term approved by each Signatory pursuant to its laws as evidenced by the written authorization by the Mayor of the District of Columbia and the Governors of Maryland and Virginia, and at such rates of interest as shall be acceptable to the Commission.

43. With respect to the District of Columbia, the commitment or obligation to render financial assistance to the Commission shall be created, by appropriation or in such other manner, or by such other legislation, as the District of Columbia shall determine; provided, that any such commitment or obligation shall be approved by Congress pursuant to the District of Columbia Home Rule Act, approved December 24, 1973 (87 Stat. 774; D.C. Official Code § 1–201.01 et seq.).

44. Pursuant to the requirements of 31 U.S.C. §§ 1341, 1342, 1349 to 1351, and 1511 to 1519, and D.C. Official Code §§ 47–105 and 47–355.01 to 355.08 (collectively, the “Anti–Deficiency Acts”), the District cannot obligate itself to any financial commitment in any present or future year unless the necessary funds to pay that commitment have been appropriated and are lawfully available for the purpose committed. Thus, pursuant to the Anti–Deficiency Acts, nothing in the MSC Compact creates an obligation of the District in anticipation of an appropriation for such purpose, and the District’s legal liability for the payment of any amount under this MSC Compact does not and may not arise or obtain in advance of the lawful availability of appropriated funds for the applicable fiscal year.

E. Tax Exemption.

45. The exercise of the powers granted by this MSC Compact shall in all respects be for the benefit of the people of the District of Columbia, the Commonwealth of Virginia, and the State of Maryland and for the increase of their safety, commerce, and prosperity, and as the activities associated with this MSC Compact shall constitute the performance of essential governmental functions, the Commission shall not be required to pay any taxes or assessments upon the services or any property acquired or used by the Commission under the provisions of this MSC Compact or upon the income therefrom, and shall at all times be free from taxation within the District of Columbia, the Commonwealth of Virginia, and the State of Maryland.

F. Reconsideration of Commission Orders.

46. WMATA shall have the right to petition the Commission for reconsideration of an order based on rules and procedures developed by the Commission.

47. Consistent with section 16, the filing of a petition for reconsideration shall not act as a stay upon the execution of a Commission order, or any part of it, unless the Commission orders otherwise. WMATA may appeal any adverse action on a petition for reconsideration as set forth in section 48.

G. Judicial Matters.

48. The United States District Court for the Eastern District of Virginia, Alexandria Division, the United States District Court for the District of Maryland, Southern Division, and the United States District Court for the District of Columbia shall have exclusive and original jurisdiction of all actions brought by or against the Commission and to enforce subpoenas under this MSC Compact.

49. The commencement of a judicial proceeding shall not operate as a stay of a Commission order unless specifically ordered by the court.

H. Liability and Indemnification.

50. The Commission and its Members, Alternate Members, officers, agents, employees, or representatives shall not be liable for suit or action or for any judgment or decree for damages, loss, or injury resulting from action taken within the scope of their employment or duties under this MSC Compact, nor required in any case arising or any appeal taken under this MSC Compact to give a supersedeas bond or security for damages. Nothing in this section shall be construed to protect such person from suit or liability for damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of such person.

51. The Commission shall be liable for its contracts and for its torts and those of its Members, Alternate Members, officers, agents, employees, and representatives committed in the conduct of any proprietary function, in accordance with the law of the applicable Signatory (including, without limitation, rules on conflict of laws) but shall not be liable for any torts occurring in the performance of a governmental function. The exclusive remedy for such breach of contract or tort for which the Commission shall be liable, as herein provided, shall be by suit against the Commission. Nothing contained in this MSC Compact shall be construed as a waiver by the District of Columbia, the Commonwealth of Virginia, or the State of Maryland of any immunity from suit.

I. Commitment of Parties.

52. Each of the Signatories pledges to each other faithful cooperation in providing safety oversight for the WMATA Rail System, and, to affect such purposes, agrees to consider in good faith and request any necessary legislation to achieve the objectives of this MSC Compact.

J. Amendments and Supplements.

53. Amendments and supplements to this MSC Compact shall be adopted by legislative action of each of the Signatories and the consent of Congress. When one Signatory adopts an amendment or supplement to an existing section of this MSC Compact, that amendment or supplement shall not be immediately effective, and the previously enacted provision or provisions shall remain in effect in each jurisdiction until the amendment or supplement is approved by the other Signatories and is consented to by Congress.

K. Withdrawal and Termination.

54. Any Signatory may withdraw from this MSC Compact, which action shall constitute a termination of this MSC Compact.

55. Withdrawal from this MSC Compact shall be by a Signatory’s repeal of this MSC Compact from its laws, but such repeal shall not take effect until 2 years after the effective date of the repealed statute and written notice of the withdrawal being given by the withdrawing Signatory to the governors or mayor, as appropriate, of the other Signatories.

56. Prior to termination of this MSC Compact, the Commission shall provide to each Signatory:

(a) A mechanism for concluding the operations of the Commission;

(b) A proposal to maintain state safety oversight of the WMATA Rail System in compliance with applicable federal law;

(c) A plan to hold surplus funds in a trust for a successor regulatory entity for 4 years after the termination of this MSC Compact; and

(d) A plan to return any surplus funds that remain 4 years after the creation of the trust.

L. Construction and Severability.

57. This MSC Compact shall be liberally construed to effectuate the purposes for which it is created.

58. If any part or provision of this MSC Compact or the application thereof to any person or circumstances be adjudged invalid by any court of competent jurisdiction, such judgment shall be confined in its operation to the part, provision, or application directly involved in the controversy in which such judgment shall have been rendered and shall not affect or impair the validity of the remainder of this MSC Compact or the application thereof to other persons or circumstances, and the Signatories hereby declare that they would have entered into this MSC Compact or the remainder thereof had the invalidity of such provision or application thereof been apparent.

M. Adoption; Effective Date.

59. This MSC Compact shall be adopted by the Signatories in the manner provided by law therefor and shall be signed and sealed in 4 duplicate original copies. One such copy shall be filed with the Secretary of State of the State of Maryland, the Secretary of the Commonwealth of Virginia, and the Secretary of the District of Columbia in accordance with the laws of each jurisdiction. One copy shall be filed and retained in the archives of the Commission upon its organization. This MSC Compact shall become effective upon the enactment of concurring legislation by the District of Columbia, the Commonwealth of Virginia, and the State of Maryland, and consent thereto by Congress and when all other acts or actions have been taken, including, without limitation, the signing and execution of this MSC Compact by the Governors of Maryland and Virginia and the Mayor of the District of Columbia.

N. Conflict of Laws.

60. Any conflict between any authority granted herein, or the exercise of such authority, and the provisions of the WMATA Compact shall be resolved in favor of the exercise of such authority by the Commission.

61. All other general or special laws inconsistent with this MSC Compact are hereby declared to be inapplicable to the Commission or its activities.
Md. Code, Real Property § 10-203 — MD Code / Article grp / Title 10 / Subtitle 2 / Section 10-203
§10–203.
Status: in_force

(a) Except as provided in subsection (b) of this section or unless excluded or modified pursuant to subsection (d) of this section, in every sale, warranties are implied that, at the time of the delivery of the deed to a completed improvement or at the time of completion of an improvement not completed when the deed is delivered, the improvement is:

(1) Free from faulty materials;

(2) Constructed according to sound engineering standards;

(3) Constructed in a workmanlike manner; and

(4) Fit for habitation.

(b) The warranties of subsection (a) of this section do not apply to any condition that an inspection of the premises would reveal to a reasonably diligent purchaser at the time the contract is signed.

(c) If the purchaser, expressly or by implication, makes known to the vendor the particular purpose for which the improvement is required, and it appears that the purchaser relies on the vendor’s skill and judgment, there is an implied warranty that the improvement is reasonably fit for the purpose.

(d) Neither words in the contract of sale, nor the deed, nor merger of the contract of sale into the deed is effective to exclude or modify any implied warranty. However, if the contract of sale pertains to an improvement then completed, an implied warranty may be excluded or modified wholly or partially by a written instrument, signed by the purchaser, setting forth in detail the warranty to be excluded or modified, the consent of the purchaser to exclusion or modification, and the terms of the new agreement with respect to it.
Md. Code, Tax - General § 10-828 — MD Code / Article gtg / Title 10 / Subtitle 8 / Section 10-828
§10–828.
Status: in_force

Notwithstanding § 1-302 of the Financial Institutions Article, if the Comptroller requests, a person, including a financial institution, who files a federal information return shall verify or report the items reported in a federal information return.
Md. Code, Housing and Community Development § 10-105 — MD Code / Article ghs / Title 10 / Subtitle 1 / Section 10-105
§10–105.
Status: in_force

The Governor shall appoint one of the trustees to serve as chair of the Board.
Md. Code, Courts and Judicial Proceedings § 10-920 — MD Code / Article gcj / Title 10 / Subtitle 9 / Section 10-920
§10–920.
Status: in_force

(a) In this section, “health care provider” has the meaning stated in § 3-2A-01 of this article.

(b) (1) Except as provided in paragraph (2) of this subsection, in a proceeding subject to Title 3, Subtitle 2A of this article or a civil action against a health care provider, an expression of regret or apology made by or on behalf of the health care provider, including an expression of regret or apology made in writing, orally, or by conduct, is inadmissible as evidence of an admission of liability or as evidence of an admission against interest.

(2) An admission of liability or fault that is part of or in addition to a communication made under paragraph (1) of this subsection is admissible as evidence of an admission of liability or as evidence of an admission against interest in an action described under paragraph (1) of this subsection.
Md. Code, Insurance § 10-119 — MD Code / Article gin / Title 10 / Subtitle 1 / Section 10-119
§10–119.
Status: in_force

(a) Except as otherwise provided in this section, the Commissioner shall waive any license application requirements for an applicant who is not a resident of this State if:

(1) the applicant has a valid license from the home state of the applicant; and

(2) the home state of the applicant awards nonresident licenses to residents of this State on the same basis.

(b) (1) Subject to paragraph (2) of this subsection and unless denied a license under § 10–126 of this subtitle, a person that is not a resident of this State may obtain a nonresident license to act as an insurance producer if:

(i) the person currently is licensed as a resident insurance producer and in good standing in the person’s home state;

(ii) the person has submitted or transmitted to the Commissioner the application for licensure that the person submitted to the person’s home state or a completed uniform application;

(iii) the person has paid the applicable fee under § 2–112 of this article; and

(iv) the person’s home state awards nonresident insurance producer licenses to residents of this State on the same basis.

(2) An individual who applies for an insurance producer license in this State who was previously licensed for the same lines of authority in another state need not comply with the examination requirements of §§ 10–104, 10–105, and 10–107 through 10–109 of this subtitle if:

(i) the person currently is licensed as an insurance producer in the home state of the person;

(ii) the application is received by the Commissioner within 90 days after the cancellation of the applicant’s previous license and the prior state issues a certification that, at the time of cancellation, the applicant was in good standing in that state; or

(iii) the state’s producer database records, maintained by the National Association of Insurance Commissioners, its affiliates or subsidiaries, indicate that the producer is or was licensed in good standing for the line of authority requested.

(c) In order to maintain a nonresident license in the State, a person must be:

(1) currently licensed as a resident insurance producer in the person’s home state; and

(2) in good standing in the person’s home state.

(d) The Commissioner may verify the licensing status of a nonresident insurance producer through the producer database maintained by the National Association of Insurance Commissioners, its affiliates or subsidiaries.

(e) Notwithstanding any other provision of this subtitle, a person licensed as a limited line credit insurance producer or other type of limited lines insurance producer in the person’s home state is entitled to receive a nonresident limited lines insurance producer license under subsection (b) of this section granting the same scope of authority as granted under the license issued by the person’s home state.

(f) (1) Notwithstanding any other provision of this subtitle, a person licensed as a surplus lines broker in the person’s home state is entitled to receive a nonresident certificate of qualification as a surplus lines broker under subsection (b) of this section.

(2) Except for subsection (b) of this section, nothing in this section supersedes any provision of Title 3, Subtitle 3 of this article.

(g) (1) A nonresident insurance producer who moves from one state to another state or a resident producer who moves from this State to another state shall:

(i) file with the Commissioner a change of address; and

(ii) provide to the Commissioner certification from the new resident state within 30 days after the change of legal residence.

(2) The Commissioner may not charge a fee or require a license application following a change of legal residence.

(h) (1) A person licensed as an insurance producer in another state who moves to this State shall apply to become licensed as a resident insurance producer under § 10–111 of this subtitle within 90 days after establishing legal residence in this State.

(2) If the person applies to become licensed as a resident insurance producer within 90 days after establishing legal residence in the State, the person need not comply with the examination requirements of §§ 10–104, 10–105, and 10–107 through 10–109 of this subtitle to obtain a license for any line of authority that the person previously held in the prior state, except where the Commissioner determines otherwise by regulation.

(i) The Commissioner may cancel the license of a nonresident insurance producer after receiving notice that the person is no longer licensed in the person’s home state.
Md. Code, State Government § 10-110 — MD Code / Article gsg / Title 10 / Subtitle 1 / Section 10-110
§10–110.
Status: in_force

(a) Except for subsection (c) of this section, this section does not apply to a regulation adopted under § 10–111(b) of this subtitle.

(b) At least 15 days before the date a proposed regulation is submitted to the Maryland Register for publication under § 10–112 of this subtitle, the promulgating unit shall submit to the State Children’s Environmental Health and Protection Advisory Council established under § 13–1503 of the Health – General Article for review any proposed regulations identified by the promulgating unit as having an impact on environmental hazards affecting the health of children.

(c) (1) (i) At least 15 days before the date a proposed regulation is submitted to the Maryland Register for publication under § 10–112 of this subtitle, and in accordance with § 10–111.2(c) of this subtitle, the promulgating unit shall submit the proposed regulation to the Committee, the Department of Legislative Services, and the Administrator.

(ii) If a unit wants to alter the text of a proposed regulation after it has been submitted to the Committee and the Department of Legislative Services in accordance with subparagraph (i) of this paragraph and before the proposed regulation is published in the Maryland Register, so that any part of the text as submitted for publication differs substantively from the text previously submitted to the Committee and the Department of Legislative Services, the unit shall:

1. notify the Committee, the Department of Legislative Services, and the Administrator of the change;

2. withdraw the proposed regulation; and

3. resubmit the proposed regulation with the altered text to the Committee, the Department of Legislative Services, and the Administrator at least 15 days prior to publication in the Register.

(iii) 1. If a unit wants to make a nonsubstantive change to the text of a proposed regulation after it has been submitted to the Committee and the Department of Legislative Services in accordance with subparagraph (i) of this paragraph and before the proposed regulation is published in the Maryland Register, the unit shall:

A. notify the Committee, the Department of Legislative Services, the Office of the General Assembly Counsel, and the Administrator of the change; and

B. include with the notice a certificate from the unit that the change is nonsubstantive, including a description of the nature of each change and the basis for the conclusion.

2. Notwithstanding subsubparagraph 1 of this subparagraph, if the Office of the General Assembly Counsel determines that a change to a proposed regulation under subsubparagraph 1 of this subparagraph is not a nonsubstantive change, the unit shall withdraw and resubmit the proposed regulation in accordance with subparagraph (ii) of this paragraph.

(2) (i) If the proposed regulation, either in whole or in part, submitted to the Committee and the Department of Legislative Services in accordance with paragraph (1) of this subsection includes an increase or decrease in a fee for a license to practice any business activity, business or health occupation, or business or health profession licensed or otherwise regulated under State law, the promulgating unit shall include clearly written explanatory reasons that justify the increase or decrease in the fee.

(ii) If a regulation submitted under subparagraph (i) of this paragraph proposes an increase in a fee for a license, the written justification also shall include information about:

1. the amount of money needed by the promulgating unit to operate effectively or to eliminate an imbalance between the revenues and expenditures of the unit;

2. the most recent year in which the promulgating unit had last increased its fees;

3. the structure of the promulgating unit as to whether it is one that retains the license fees it receives or passes them through to a national organization or association that creates and administers a uniform licensing examination that is taken by anyone in the United States who is seeking a license to practice a particular occupation or profession or business activity issued by the promulgating unit;

4. measures taken by the promulgating unit to avoid or mitigate the necessity of a fee increase and the results of those measures;

5. special circumstances about the activities and responsibilities of the promulgating unit, including investigations of individuals licensed by the unit, that have had an adverse impact on the unit’s operating expenses;

6. consideration given by the promulgating unit to the hardship a license fee increase may have on individuals and trainees licensed or regulated by the unit; and

7. actions taken by the promulgating unit to elicit the opinions of the individuals who are licensed by the promulgating unit and the members of the public as to the effectiveness and performance of the promulgating unit.

(3) If the promulgating unit estimates that the proposed regulation will have a significant small business impact, the unit shall:

(i) establish an electronic registry that allows any small business or other interested party to register to receive an electronic notification when the proposed regulation or the scope of the proposed regulation is posted on the unit’s website in accordance with item (ii) of this paragraph;

(ii) post the proposed regulation or the scope of the proposed regulation on the unit’s website at least 15 days before the date the proposed regulation is submitted to the Committee and the Department of Legislative Services in accordance with this section and provide an opportunity for comments on the unit’s proposal;

(iii) on posting a proposed regulation or the scope of the proposed regulation on the unit’s website in accordance with item (ii) of this paragraph, notify the parties registered in the electronic registry established under item (i) of this paragraph that the proposed regulation or the scope of the proposed regulation has been posted; and

(iv) prepare a compliance guide written in clear, plain English to assist small businesses in complying with the proposed regulation, update the guide as needed until the regulation is final, and post the guide on the unit’s website.

(d) (1) The Committee is not required to take any action with respect to a proposed regulation submitted to it pursuant to subsection (c) of this section.

(2) Failure by the Committee to approve or disapprove the proposed regulation during the period of preliminary review provided by subsection (c) of this section may not be construed to mean that the Committee approves or disapproves the proposed regulation.

(3) During the preliminary review period, the Committee may take any action relating to the proposed regulation that the Committee is authorized to take under §§ 10–111.1 and 10–112 of this subtitle.

(e) Prior to the date specified in subsection (c) of this section, the promulgating unit is encouraged to submit the proposed regulation to the Committee and to consult with the Committee concerning the form and content of that regulation.
Md. Code, Tax - General § 10-106.1 — MD Code / Article gtg / Title 10 / Subtitle 1 / Section 10-106.1
§10–106.
Status: in_force

§10–106.1.

(a) An individual subject to the State income tax under § 10-105(a) of this subtitle, but not subject to the county income tax under § 10-106 of this subtitle, shall be subject to the tax imposed under this section.

(b) The rate of the tax imposed under this section shall be equal to the lowest county income tax rate set by any Maryland county in accordance with § 10-106 of this subtitle.

(c) The tax imposed under this section shall be distributed by the Comptroller in accordance with § 2-609 of this article.
Md. Code, Human Services § 10-409 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-409
§10–409.
Status: in_force

(a) A provider may not collect deposits for continuing care or begin construction of a new facility until the Department approves a feasibility study.

(b) A person who intends to submit a feasibility study under subsection (c) of this section shall file with the Department a statement of intent to provide continuing care at least 30 days before the person submits the feasibility study to the Department.

(c) A feasibility study shall:

(1) be filed in a form satisfactory to the Department; and

(2) include at least the following information:

(i) a statement of the purpose of the proposed construction or conversion;

(ii) documentation of the financial resources of the provider;

(iii) a statement of the capital expenditures necessary to accomplish the project and the plan for acquiring the necessary capital;

(iv) a plan demonstrating the financial feasibility of the proposed project, including future funding sources;

(v) a study that demonstrates the market for the project;

(vi) an actuarial forecast reviewed by a qualified actuary;

(vii) a statement of the planned fee structure, including any proposed escalator or other automatic adjustment provision;

(viii) a description of the facility proposed to be used or being used for continuing care;

(ix) a copy of the proposed escrow and deposit agreements; and

(x) the form and substance of any proposed advertisement, advertising campaign, or promotional material for the facility that is available at the time of filing.

(d) The Department may approve a feasibility study if the Department determines that:

(1) the number of comprehensive care or assisted living beds in the facility for which licenses are required by the Maryland Department of Health is not inconsistent with the State health plan;

(2) a reasonable financial plan has been submitted for developing and operating the project;

(3) a market for the facility appears to exist;

(4) a recognized authority prepared the feasibility study;

(5) the actuarial forecast supports the projections for the project;

(6) the Department has approved the escrow agreement and deposit agreement; and

(7) the approved escrow agreement is executed by the provider and the financial institution.
Md. Code, Criminal Law § 10-625.1 — MD Code / Article gcr / Title 10 / Subtitle 6 / Section 10-625.1
§10–625.
Status: in_force

§10–625.1.

(a) In this section, “declawing procedure” has the meaning stated in § 2–301 of the Agriculture Article.

(b) Except as provided in § 2–313.3 of the Agriculture Article, a person may not perform a declawing procedure on a cat.

(c) (1) A violation of this section is a civil offense.

(2) A person who violates this section is subject to a fine not exceeding $1,000.

(3) The provisions of this section may be enforced by:

(i) any State or local law enforcement officer; or

(ii) the local animal control authority for the jurisdiction where the violation occurs.
Md. Code, Economic Development § 10-813 — MD Code / Article gec / Title 10 / Subtitle 8 / Section 10-813
§10–813.
Status: in_force

The Center may retain any necessary accountants, engineers, financial advisors, or other consultants.
Md. Code, Corporations and Associations § 10-704 — MD Code / Article gca / Title 10 / Subtitle 7 / Section 10-704
§10–704.
Status: in_force

(a) Unless otherwise provided in the partnership agreement:

(1) If a general partner who is an individual dies or a court of competent jurisdiction adjudges the individual to be incompetent to manage his person or his property, the partner’s executor, personal representative, administrator, guardian, conservator, or other legal representative shall automatically become a limited partner;

(2) If a general partner is a corporation, estate, trust, partnership, or other entity and is dissolved or terminated, its legal representative or successor shall automatically become a limited partner;

(3) If a general partner withdraws under § 10–402(3) of this title or permits an act specified in § 10–402(4) of this title, that partner shall automatically become a limited partner.

(b) The allocable share of the profits, losses, and distributions of a general partner who becomes a limited partner under this section is the same as it was prior to the event specified in subsection (a) of this section.
Md. Code, Criminal Law § 10-611 — MD Code / Article gcr / Title 10 / Subtitle 6 / Section 10-611
§10–611.
Status: in_force

(a) A person may not kill or allow a dog or cat to be killed by use of:

(1) a decompression chamber;

(2) carbon monoxide gas; or

(3) curariform drugs.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.
Md. Code, Economic Development § 10-313 — MD Code / Article gec / Title 10 / Subtitle 3 / Section 10-313
§10–313.
Status: in_force

(a) The Authority shall follow State procedures to obtain, for internal administrative functions, office space, supplies, facilities, materials, equipment, and professional services.

(b) Each member, the Executive Director, each other officer, and each employee of the Authority shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of the State Government Article.
Md. Code, Real Property § 10-101 — MD Code / Article grp / Title 10 / Subtitle 1 / Section 10-101
§10–101.
Status: in_force

(a) In this subtitle the following words have the meanings indicated unless otherwise apparent from context.

(b) “Down payment” means the payment made by the purchaser to the vendor on account of the purchase price at or before the time of the execution of a land installment contract.

(c) “Land installment contract” means a legally binding executory agreement under which:

(1) The vendor agrees to sell an interest in property to the purchaser and the purchaser agrees to pay the purchase price in five or more subsequent payments exclusive of the down payment, if any; and

(2) The vendor retains title as security for the purchaser’s obligation.

(d) “Property” means improved property or improved chattels real, occupied or to be occupied by the purchaser as a dwelling, or an unimproved, subdivided lot or lots intended to be improved for residential purposes.

(e) “Purchaser” means a natural person who purchases property subject to a land installment contract, or any legal successor in interest to him regardless of whether the person has entered into an agreement as to extension, default, or refund.

(f) “Vendor” means any person who makes a sale of property by means of a land installment contract.
Md. Code, Agriculture § 10-113 — MD Code / Article gag / Title 10 / Subtitle 1 / Section 10-113
§10–113.
Status: in_force

(a) As an alternative method for the collection of assessments provided for in § 10–110 of this subtitle, upon the request of the certified agency, the Secretary shall notify, by registered letter, all livestock dealers, operators of any livestock auction markets, slaughterhouses, packinghouses, and any other person engaged in the buying, selling, or handling of livestock for slaughter in the State. On and after the date specified in the letter, the assessments shall be deducted by the purchaser, or his agent or representative, from the purchase price of any livestock bought, acquired, or sold for slaughter.

(b) The deducted assessment for any month shall be remitted by the purchaser to the Secretary by the 20th day of the following month, and the Secretary shall pay the amount of the assessment to the certified agency.

(c) The books and records of every livestock dealer, operator of any livestock auction market slaughterhouse, packinghouse, or person engaged in buying, acquiring, or selling livestock for slaughter shall be open for the inspection by the Secretary at any time during regular business hours.

(d) A livestock dealer, operator of any livestock auction market slaughterhouse, packinghouse, or its managers, or agents, or any person who buys, sells, or handles livestock for slaughter in the State may not fail to collect or pay the deducted assessments to the Secretary.

(e) If any person violates the provisions of subsection (d) of this section, the certified agency concerned may institute judicial proceedings to enforce the assessment.
Md. Code, Correctional Services § 10-502 — MD Code / Article gcs / Title 10 / Subtitle 5 / Section 10-502
§10–502.
Status: in_force

(a) There is an incarcerated individual welfare fund in each State correctional facility.

(b) A fund may be used only for goods and services that benefit the general incarcerated individual population as defined by regulations that the Department adopts.
Md. Code, Health - General § 10-207 — MD Code / Article ghg / Title 10 / Subtitle 2 / Section 10-207
§10–207.
Status: reserved

(a) By January 1, 1992, within existing resources, the Director shall update the current Mental Hygiene Administration 3–year plan for mental health, which was submitted to the federal government in response to § 1925 of the Public Health Service Act, in order to plan for those individuals who:

(1) Have a serious mental disorder as defined in the plan; and

(2) Are not receiving the appropriate array of community–based services described in the “total need” section of the 3–year mental health plan that expired on June 30, 1991.

(b) (1) On or after October 1, 1993, within existing resources and in concert with local core service agencies or local behavioral health authorities, the Director shall prepare a comprehensive mental health plan which identifies the needs of all individuals who have a serious mental disorder and who are targeted for services in the “Comprehensive Mental Health Services Plan” submitted by the State to the federal government in accordance with § 1925 of the Public Health Service Act.

(2) The comprehensive mental health plan shall:

(i) Include annual strategic projections, through the year 2000, of resources needed;

(ii) Plan for those individuals who have a serious mental disorder, including those who are presently not being served by the public mental health system, those who are homeless, and those children, adults, and elderly individuals living without services in the community with their families or on their own who are at risk of further institutionalization;

(iii) Plan for individuals who have a serious mental disorder and who are presently residing in a State facility, nursing home, or jail who could appropriately be served in the community if the proper community–based services were available to them;

(iv) Plan for individuals who have a serious mental disorder and who are unable or unwilling to obtain community–based services from existing State–supported programs or from the private sector and assess their need for additional, flexible, individualized, or otherwise more appropriate services;

(v) Plan for the extent of need for the development of additional community–based housing and related support services;

(vi) Plan for the extent of the need for additional community–based support services, including rehabilitation, clinical treatment, case management, crisis and emergency services, mobile treatment, in–home intervention services, school–based, after–school services, respite and family support services, and vocational services in order to implement the orderly transfer of institutionalized individuals who can live in the community and to serve those individuals presently in the community who are now underserved or unserved and at risk of institutionalization;

(vii) Evaluate the role of existing State hospitals and plan for the reallocation to the community of any funds saved through hospital downsizing, consolidation, or closure; and

(viii) Be consistent with the goal of providing comprehensive, coordinated community–based housing and support services for every individual who has a serious mental disorder and who is appropriate for and in need of such services.

(c) The Director shall, in concert with local core service agencies or local behavioral health authorities, implement each plan to the extent that resources are available.
Md. Code, Economic Development § 10-518 — MD Code / Article gec / Title 10 / Subtitle 5 / Section 10-518
§10–518.
Status: in_force

(a) The Corporation may pledge or assign:

(1) any of its revenues;

(2) any of its rights to receive revenues;

(3) money and securities in accounts established to secure a bond; and

(4) a lien or security interest granted or assignment made to the Corporation.

(b) A pledge or assignment:

(1) is valid and binding against any person having a claim against the Corporation, in contract, tort, or otherwise, regardless of whether the person has notice of the pledge or assignment; and

(2) has priority over the claim.

(c) A resolution, trust agreement, assignment, financing agreement, or other instrument that creates a lien, security interest, assignment, or pledge under subsection (a) of this section:

(1) shall be filed in the records of the Corporation; but

(2) need not be filed or recorded elsewhere.
Md. Code, Environment § 10-304 — MD Code / Article gen / Title 10 / Subtitle 3 / Section 10-304
§10–304.
Status: in_force

A person who violates any rule or regulation that the Secretary adopts under Subtitle 1 of this title is guilty of a misdemeanor and on conviction is subject to a fine for each offense not exceeding the lesser of the penalty provided by the rule or regulation or $100.
Md. Code, Natural Resources § 10-802 — MD Code / Article gnr / Title 10 / Subtitle 8 / Section 10-802
§10–802.
Status: in_force

(a) The title to any land or water acquired by purchase, gift, or condemnation shall be taken in the name of the State for the Department’s use. The entire control of the area of land and water shall be under the State’s direction.

(b) The Secretary may expend from the State Wildlife Management and Protection Fund any amount necessary to purchase or condemn the area of land or water.
Md. Code, State Government § 10-301 — MD Code / Article gsg / Title 10 / Subtitle 3 / Section 10-301
§10–301.
Status: in_force

In this subtitle, “unit” means an officer or unit that is authorized by law to:

(1) adopt regulations subject to Subtitle 1 of this title; or

(2) adjudicate contested cases subject to Subtitle 2 of this title.
Md. Code, Economic Development § 10-646.3 — MD Code / Article gec / Title 10 / Subtitle 6 / Section 10-646.3
§10–646.
Status: in_force

§10–646.3.

(a) Except as authorized by § 10–639 of this subtitle, to finance site acquisition, design, construction, equipping, and furnishing of any segment of a sports entertainment facility, the Authority shall comply with this section.

(b) (1) The Authority shall have received a written request for financing and construction management services from the State, a county, or a local government in which the sports entertainment facility is located or to be located or a nonprofit organization that will own or operate the sports entertainment facility.

(2) The request shall include:

(i) the location of the proposed sports entertainment facility;

(ii) the amount, source, and timing of funding not including Authority bonds which may be issued to finance the proposed sports entertainment facility; and

(iii) a description of the anticipated use of the proposed sports entertainment facility.

(c) The Authority shall provide the fiscal committees of the General Assembly, at least 45 days before seeking approval of the Board of Public Works for each bond issue or other borrowing, a comprehensive financing plan for the relevant segment of the facility.

(d) The Authority shall obtain the approval of the Board of Public Works of the proposed bond issue, the financing plan, and the agreement under subsection (e) of this section.

(e) The Authority may not issue bonds to finance a sports entertainment facility until the Authority secures a written agreement with the State, county, or local government in which the sports entertainment facility is located or a nonprofit organization that will own or operate the sports entertainment facility, as approved by the Board of Public Works, under which:

(1) the source of funding and the order in which funds will be spent is described; and

(2) the State, county, local government, or nonprofit organization agrees to:

(i) own, market, promote, and operate or contract for the marketing, promotion, and operation of the sports entertainment facility in a manner that maximizes the facility’s economic return;

(ii) maintain and repair or contract for the maintenance and repair of the sports entertainment facility so as to keep the sports entertainment facility in first–class operating condition; and

(iii) any other terms or conditions deemed necessary or appropriate by the Authority.

(f) On or before December 31 each year, a county or local government in which a sports entertainment facility financed in whole or in part under this subtitle is located or a nonprofit organization that owns or operates a sports entertainment facility shall report to the Senate Budget and Taxation Committee and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, on the sports entertainment facility’s assessment of the maintenance and repair needed to keep the facility in operating order.

(g) (1) A bond issued to finance a sports entertainment facility:

(i) is a limited obligation of the Authority payable solely from money pledged by the Authority to the payment of the principal of and the premium and interest on the bond or money made available to the Authority for that purpose;

(ii) is not a debt, liability, or pledge of the faith and credit or the taxing power of the State, the Authority, or any other governmental unit but is only a limited obligation of the Authority payable solely from money made available to the Authority for that purpose; and

(iii) may not give rise to any pecuniary liability of the State, the Authority, or any other governmental unit but is only a limited obligation of the Authority payable solely from money pledged by the Authority.

(2) The issuance of a bond to finance a sports entertainment facility is not directly, indirectly, or contingently a moral or other obligation of the State, the Authority, or any other governmental unit to levy or pledge any tax or to make an appropriation to pay the bond.

(3) Each bond shall state on its face the provisions of paragraphs (1) and (2) of this subsection.

(h) The sole source of payment for bonds issued for a sports entertainment facility shall be money on deposit in the Sports Entertainment Facilities Financing Fund.
Md. Code, Health - General § 10-711 — MD Code / Article ghg / Title 10 / Subtitle 7 / Section 10-711
§10–711.
Status: in_force

On request, the administrative head of each facility shall give to the Director or a representative of the Director:

(1) Any information that the administrative head has about an individual in the facility;

(2) Access to the individual; and

(3) Access to any part of the facility.
Md. Code, State Government § 10-303 — MD Code / Article gsg / Title 10 / Subtitle 3 / Section 10-303
§10–303.
Status: in_force

A political subdivision of the State or an instrumentality of a political subdivision is entitled, to the same extent as other legal entities, to be an interested person, party, or petitioner in a matter under this subtitle, including an appeal.
Md. Code, Insurance § 10-213 — MD Code / Article gin / Title 10 / Subtitle 2 / Section 10-213
§10–213.
Status: in_force

If an application for a license is denied or a license is suspended or revoked, the Commissioner immediately shall give notice to the applicant or licensee by:

(1) registered mail addressed to the applicant’s or licensee’s last address of record with the Commissioner; or

(2) electronic means in accordance with § 2–116 of this article.
Md. Code, Correctional Services § 10-913 — MD Code / Article gcs / Title 10 / Subtitle 9 / Section 10-913
§10–913.
Status: in_force

(a) This subtitle does not prohibit emergency suspension with pay by a correctional officer of higher rank as designated by the appointing authority.

(b) (1) The appointing authority may impose emergency suspension with pay if it appears that the action is in the best interest of the incarcerated individuals, the public, and the correctional facility.

(2) If the correctional officer is suspended with pay, the appointing authority may suspend the correctional powers of the correctional officer and reassign the correctional officer to restricted duties pending:

(i) a determination by a court with respect to a criminal violation; or

(ii) a final determination by the hearing board or the Office of Administrative Hearings with respect to a correctional facility violation.

(3) A correctional officer who is suspended under this subsection is entitled to a prompt hearing.

(c) (1) The appointing authority may impose an emergency suspension of correctional powers without pay if:

(i) a correctional officer is charged with a felony;

(ii) a correctional officer is charged with a violation of § 9–415, § 9–416, or § 9–417 of the Criminal Law Article; or

(iii) a correctional officer is charged with a violation of § 9–412 of the Criminal Law Article involving contraband that is:

1. money or a money equivalent; or

2. an item or substance intended to cause physical injury.

(2) A correctional officer who is suspended under paragraph (1) of this subsection is entitled to a prompt hearing, held no more than 90 days after the suspension.

(3) Except as provided in paragraph (4) of this subsection, a correctional officer who is suspended under paragraph (1) of this subsection and who is not convicted of the felony or misdemeanor for which the suspension was imposed shall have:

(i) the suspension rescinded; and

(ii) any lost time, compensation, status, and benefits restored.

(4) Paragraph (3) of this subsection does not apply to a correctional officer who:

(i) resigns before the disposition of the criminal matter for which the suspension was imposed; or

(ii) is no longer employed by the Department when a determination is made by a court with respect to the criminal matter for which the suspension was imposed.
Md. Code, Correctional Services § 10-306 — MD Code / Article gcs / Title 10 / Subtitle 3 / Section 10-306
§10–306.
Status: in_force

(a) With respect to any claim, a member of the Board may:

(1) administer oaths; and

(2) issue subpoenas to compel:

(i) the attendance of witnesses; and

(ii) the production of pertinent records or documents.

(b) The Board may petition a circuit court for an order of contempt against a person who refuses to:

(1) comply with a subpoena issued by a Board member;

(2) comply with a request by a Board member to be sworn to an oath; or

(3) answer as a witness before the Board.
Md. Code, Correctional Services § 10-906 — MD Code / Article gcs / Title 10 / Subtitle 9 / Section 10-906
§10–906.
Status: in_force

(a) A correctional officer who is denied a right granted by this subtitle may apply to the circuit court of the county where the correctional officer is regularly employed for an order to show cause why the right should not be granted.

(b) The correctional officer may apply for the show cause order:

(1) either individually or through the correctional officers’ exclusive bargaining representative who shall have standing for that purpose; and

(2) at any time before the beginning of a hearing by the hearing board.
Md. Code, Criminal Procedure § 10-224 — MD Code / Article gcp / Title 10 / Subtitle 2 / Section 10-224
§10–224.
Status: in_force

(a) If a challenge of criminal history record information under § 10-223 of this subtitle is determined as a whole or in part to be valid, the Central Repository shall:

(1) correct its records; and

(2) give notice of the correction to each criminal justice unit that has custody of the incomplete or inaccurate criminal history record information or any part of that information.

(b) A criminal justice unit notified under subsection (a) of this section shall:

(1) correct its records; and

(2) certify to the Central Repository that the correction was made.

(c) (1) A criminal justice unit required by subsection (b) of this section to correct criminal history record information shall give written notice of the correction to each unit or person to which the criminal justice unit had disseminated the information before the correction.

(2) The unit or person that receives the notice of correction under paragraph (1) of this subsection promptly shall correct its records and certify to the disseminating criminal justice unit that the correction was made.
Md. Code, Public Utilities § 10-102 — MD Code / Article gpu / Title 10 / Subtitle 1 / Section 10-102
§10–102.
Status: in_force

(a) This subtitle supplements other law relating to the operation and licensing of motor vehicles.

(b) This title applies to any motor vehicle used in the transportation of persons in exchange for remuneration except:

(1) motor vehicles designed to transport more than 15 persons; and

(2) transportation solely provided by or on behalf of a unit of federal, State, or local government, or a nonprofit organization as identified in § 501(c)(3) and (4) of the Internal Revenue Code, that requires a criminal history records check and driving record check for its drivers, for clients of services including:

(i) aging support;

(ii) developmental and other disabilities;

(iii) kidney dialysis;

(iv) Medical Assistance Program;

(v) Head Start;

(vi) Welfare–to–Work;

(vii) mental health; and

(viii) job training.

(c) Subsection (b)(2) of this section may not be construed to limit the application of this title or Title 9 of this article to a for–hire driver or other person who operates a motor vehicle for hire or provides transportation of persons for hire in addition to providing transportation services to clients of services listed in subsection (b)(2) of this section.

(d) Notwithstanding subsection (b)(2) of this section:

(1) a nonprofit organization that provides transportation for remuneration to clients of services listed in subsection (b)(2) of this section may not be required to obtain a motor carrier permit under Title 9 of this article; and

(2) a driver employed by the nonprofit organization may not be required to obtain a for–hire driver’s license or other authorization from the Commission to perform transportation services solely under subsection (b)(2) of this section.

(e) (1) A driver employed or offered employment by a governmental unit or nonprofit organization under subsection (b)(2) of this section shall apply to the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services for a State criminal history records check on or before the first day of the driver’s actual employment.

(2) As part of the application for a State criminal history records check, the driver employed or offered employment by the governmental unit or nonprofit organization shall submit to the Central Repository:

(i) one complete set of the driver’s legible fingerprints taken on a form approved by the Secretary of Public Safety and Correctional Services; and

(ii) the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records.

(3) (i) In accordance with Title 10, Subtitle 2 of the Criminal Procedure Article, the Central Repository shall provide a printed statement listing the driver’s criminal convictions to:

1. the governmental unit or nonprofit organization; and

2. the driver.

(ii) If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide a revised printed statement listing the driver’s criminal convictions to:

1. the governmental unit or nonprofit organization; and

2. the driver.

(4) In accordance with regulations adopted by the Department of Public Safety and Correctional Services, the governmental unit or nonprofit organization shall verify periodically a list of its drivers.

(5) Information the governmental unit or nonprofit organization obtains from the Central Repository under this subsection shall be:

(i) confidential and may not be redisseminated; and

(ii) used only for the employment purpose authorized by this section.

(6) In accordance with § 10–223 of the Criminal Procedure Article, a driver employed by a governmental unit or nonprofit organization may challenge the contents of a printed statement or revised printed statement issued by the Central Repository.

(f) This subtitle does not limit the power of a political subdivision of the State to adopt reasonable traffic regulations such as:

(1) the designation of taxicab stands; and

(2) the restriction or prohibition of cruising along a public street when the cruising would menace the public safety or unduly congest traffic.
Md. Code, Human Services § 10-435 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-435
§10–435.
Status: in_force

(a) (1) After reviewing the information required by §§ 10-433 and 10-434 of this subtitle, the Department shall determine whether the sale or transfer satisfies the standard for approval set forth in subsection (b) of this section.

(2) The Department shall make the determination within 50 days after the date of the notice required under § 10-433(a)(2) of this subtitle unless extended by the Department for good cause.

(3) The Department shall notify the existing provider, any proposed new provider, and the subscriber representatives in writing of the determination and the reasons for it and, if applicable, that the Department intends to transfer the certificate of registration to the new provider.

(b) The Department shall approve a sale or other transfer of ownership or control unless the Department determines that the sale or transfer is likely to have an unreasonably adverse effect on:

(1) the financial stability of the provider; or

(2) the capacity of the provider to perform continuing care agreement obligations to subscribers.

(c) (1) In accordance with Title 10, Subtitle 2 of the State Government Article, the provider may appeal the Department’s decision on the proposed sale or transfer.

(2) A person other than the provider may not appeal the Department’s decision or be a party in interest to the proceedings.

(3) The Department shall give prompt notice of any appeal and of any decision issued in the appeal to the subscriber representatives.

(d) A sale or other transfer of ownership or control subject to this section and §§ 10-432 through 10-434 of this subtitle may not be completed until 15 days after the later of:

(1) the day the Department issues the notice required under subsection (a)(3) of this section of its decision to approve the sale or transfer; or

(2) if an appeal is taken under subsection (c) of this section, the day the administrative law judge issues a decision to allow the sale or transfer.
Md. Code, Human Services § 10-487 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-487
§10–487.
Status: reserved

(a) A transfer of or lien on the property of a provider is voidable if the transfer or lien is:

(1) made or created within 4 months before the issuance of a show–cause order under this subtitle;

(2) made or created with the intent to give a creditor a preference or to enable the creditor to obtain a greater percentage of the debt than another creditor of the same class; and

(3) accepted by the creditor having reasonable cause to believe that the preference will occur.

(b) Each director, officer, employee, stockholder, member, subscriber, and any other person acting on behalf of a provider that is concerned in a voidable transfer under subsection (a) of this section and each person that, as a result of the voidable transfer, receives any property of the provider or benefits from the voidable transfer:

(1) is personally liable; and

(2) shall account to the Secretary.

(c) The Secretary as receiver in a delinquency proceeding may:

(1) avoid a transfer of or lien on the property of a provider that a creditor, stockholder, subscriber, or member of the provider might have avoided; and

(2) recover the transferred property or its value from the person that received it unless that person was a bona fide holder for value before the date of issuance of a show–cause order under this subtitle.
Md. Code, State Government § 10-223 — MD Code / Article gsg / Title 10 / Subtitle 2 / Section 10-223
§10–223.
Status: in_force

(a) This section does not apply to:

(1) a case that arises under Title 16 of the Transportation Article unless a right to appeal to the Appellate Court of Maryland is specifically provided; or

(2) a final judgment on actions of the Inmate Grievance Office.

(b) (1) A party who is aggrieved by a final judgment of a circuit court under this subtitle may appeal to the Appellate Court of Maryland in the manner that law provides for appeal of civil cases.

(2) An agency that was a party in the circuit court may appeal under paragraph (1) of this subsection.
Md. Code, Economic Development § 10-618 — MD Code / Article gec / Title 10 / Subtitle 6 / Section 10-618
§10–618.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, contracts to acquire any facility site, to construct the facility, or for construction on the facility site require the prior approval of the Board of Public Works.

(2) Contracts to construct a public school facility or for construction on a public school site do not require the prior approval of the Board of Public Works.

(b) The Authority may:

(1) acquire by any of the means specified in § 10–620(a) of this subtitle:

(i) a site at Camden Yards for a facility;

(ii) a Baltimore Convention site or an interest in the site;

(iii) an Ocean City Convention site or an interest in the site;

(iv) a Montgomery County Conference site or an interest in the site;

(v) a Hippodrome Performing Arts site or an interest in the site;

(vi) a Hagerstown Multi–Use Sports and Events Facility site or an interest in the site;

(vii) a sports entertainment facility site or an interest in the site; and

(viii) a Prince George’s County Blue Line Corridor facility site or an interest in the site; and

(2) construct or enter into a contract to construct a facility on a site it acquires under this subsection.
Md. Code, Financial Institutions § 10-115 — MD Code / Article gfi / Title 10 / Subtitle 1 / Section 10-115
§10–115.
Status: in_force

The Fund is not subject to the Insurance Article.
Md. Code, Criminal Law § 10-101 — MD Code / Article gcr / Title 10 / Subtitle 1 / Section 10-101
§10–101.
Status: in_force

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

(b) “Distribute” means to:

(1) give, sell, deliver, dispense, issue, or offer to give, sell, deliver, dispense, or issue; or

(2) cause or hire a person to give, sell, deliver, dispense, issue or offer to give, sell, deliver, dispense, or issue.

(c) (1) “Tobacco paraphernalia” means any object used, intended for use, or designed for use in inhaling or otherwise introducing tobacco products into the human body.

(2) “Tobacco paraphernalia” includes:

(i) a cigarette rolling paper;

(ii) a metal, wooden, acrylic, glass, stone, plastic, or ceramic pipe with or without screen, permanent screen, or punctured metal bowl;

(iii) a water pipe;

(iv) a carburetion tube or device;

(v) a smoking or carburetion mask;

(vi) an object known as a roach clip used to hold burning material, such as a cigarette that has become too small or too short to be held in the hand;

(vii) a chamber pipe;

(viii) a carburetor pipe;

(ix) an electric pipe;

(x) an air–driven pipe;

(xi) a chillum;

(xii) a bong; and

(xiii) an ice pipe or chiller.

(d) (1) “Tobacco product” means a product that is:

(i) intended for human inhalation, absorption, ingestion, smoking, heating, chewing, dissolving, or any other manner of consumption that is made of, derived from, or contains:

1. tobacco; or

2. nicotine; or

(ii) an accessory or a component used in any manner of consumption of a product described in item (i) of this paragraph.

(2) “Tobacco product” includes:

(i) cigarettes, cigars, pipe tobacco, chewing tobacco, snuff, and snus;

(ii) electronic smoking devices; and

(iii) filters, rolling papers, pipes, and liquids used in electronic smoking devices regardless of nicotine content.

(3) “Tobacco product” does not include a drug, device, or combination product authorized for sale by the U.S. Food and Drug Administration under the Federal Food, Drug, and Cosmetic Act.

(e) “Venereal disease” includes gonorrhea, syphilis, chancroid, and any diseased condition of the human genitalia caused by, related to, or resulting from a venereal disease.
Md. Code, Insurance § 10-404 — MD Code / Article gin / Title 10 / Subtitle 4 / Section 10-404
§10–404.
Status: in_force

(a) To qualify for a license, an applicant must be:

(1) an individual who meets the requirements of subsection (b) of this section; or

(2) a business entity that meets the requirements of subsection (c) of this section.

(b) (1) An individual applicant must be trustworthy and competent to transact business as a public adjuster so as to safeguard the interests of the public.

(2) Except as otherwise provided in this subsection, an individual applicant shall:

(i) pass a written examination given by the Commissioner under this subtitle in order to determine the competency of the applicant to act as a public adjuster; and

(ii) pay the license fee required by § 2–112 of this article.

(3) The examination requirement of paragraph (2) of this subsection does not apply to an individual who was licensed as a public adjuster in the State on June 30, 1985.

(4) An individual applicant who fails an examination may not take another examination until at least 14 days after the date of the last examination that the applicant failed.

(c) A business entity applicant must:

(1) be trustworthy and competent to transact business as a public adjuster so as to safeguard the interests of the public;

(2) employ one or more individual licensed public adjusters; and

(3) pay the applicable license fee required by § 2–112 of this article.
Md. Code, Economic Development § 10-344 — MD Code / Article gec / Title 10 / Subtitle 3 / Section 10-344
§10–344.
Status: in_force

(a) (1) The Maryland Health Care Commission shall notify in writing:

(i) the Authority and the Health Services Cost Review Commission when a hospital files a written notice of intent to close under § 19–120(l) of the Health – General Article; and

(ii) the Authority when a petition for delicensure of a hospital is filed with the Secretary of Health under § 19–325 of the Health – General Article.

(2) The Commission shall give the notice required by this subsection within 5 days after the date of the filing.

(b) The Secretary of Health shall notify the Authority and the Health Services Cost Review Commission in writing of each determination to delicense a hospital under § 19–325 of the Health – General Article at least 150 days before the scheduled date of delicensure.

(c) The notifications under this section shall include the name and location of the hospital and the scheduled date of its closure or delicensure.
Md. Code, State Government § 10-105 — MD Code / Article gsg / Title 10 / Subtitle 1 / Section 10-105
§10–105.
Status: in_force

This Part II of this subtitle does not apply to a regulation of a bicounty commission that county governing bodies appoint.
Md. Code, Agriculture § 10-202 — MD Code / Article gag / Title 10 / Subtitle 2 / Section 10-202
§10–202.
Status: in_force

To enforce this section, the Attorney General shall receive sworn complaints of violations or threatened violations of this subtitle from affected producers of raw agricultural products or the cooperative agricultural marketing association of which the producers are members, or with whom they have a marketing contract. The Attorney General immediately shall make all necessary investigations, examinations, or inspections of any violation or threatened violation specified in the sworn complaint filed with him.
Md. Code, Insurance § 10-116 — MD Code / Article gin / Title 10 / Subtitle 1 / Section 10-116
§10–116.
Status: in_force

(a) (1) Subject to subsections (b) and (c) of this section, the Commissioner shall require an insurance producer to receive continuing education as a condition of renewing the license of the insurance producer.

(2) An insurance producer shall complete the continuing education required under paragraph (1) of this subsection not later than 15 days before the expiration date of the insurance producer’s license.

(3) (i) The Commissioner may not require an individual who holds a license to receive more than 24 hours of continuing education per renewal period.

(ii) If the individual holds a title insurance producer license, the Commissioner may not require the insurance producer to receive more than 16 hours of continuing education per renewal period.

(iii) If an insurance producer has held a license for 25 or more consecutive years as of October 1, 2008, the Commissioner may not require the insurance producer to receive more than 8 hours of continuing education per renewal period.

(iv) The Commissioner may not require an insurance producer to receive more than 16 hours of continuing education in a renewal period if the insurance producer is also a licensed funeral director or licensed mortician who:

1. sells only life insurance policies or annuity contracts that fund a pre–need contract as defined in § 7–101 of the Health Occupations Article; and

2. is not a viatical settlement broker as defined in § 8–601 of this article.

(v) Of the required hours of continuing education per renewal period required under subparagraphs (i), (ii), (iii), and (iv) of this paragraph, at least 3 hours shall relate directly to ethics.

(4) Subject to paragraph (5) of this subsection, an insurance producer may satisfy the continuing education requirements of this subsection by submitting to the Commissioner or Commissioner’s designee:

(i) proof that the insurance producer has completed the required hours of continuing education for the applicable renewal period; or

(ii) proof that the insurance producer has completed at least 8 hours of continuing education for the applicable renewal period and an affidavit that, over the previous 25 consecutive years, the insurance producer continually:

1. has held a license in the State; and

2. has been employed in the selling of insurance in the State.

(5) (i) To increase the level of education of insurance producers, an insurance producer shall obtain continuing education in the kind or subdivision of insurance for which the insurance producer has received a license.

(ii) Each insurance producer who possesses a license to sell health insurance and who sells long–term care insurance shall receive continuing education that directly relates to long–term care insurance.

(iii) Each insurance producer who possesses a license to sell property and casualty insurance and who sells flood insurance shall receive continuing education that directly relates to flood insurance.

(iv) Each insurance producer who possesses a license to sell property and casualty insurance and who sells, solicits, or negotiates bail bonds shall receive continuing education that directly relates to bail bond insurance.

(v) Each insurance producer who possesses a license to sell health insurance and who markets the Senior Prescription Drug Assistance Program or assists a Medicare beneficiary to enroll in the Senior Prescription Drug Assistance Program shall receive continuing education that directly relates to the Senior Prescription Drug Assistance Program.

(6) If continuing education is required, the Commissioner may grant a waiver to an insurance producer who has requested a waiver for reasons that the Commissioner determines warrant the waiver.

(7) An insurer may not prohibit one of its insurance producers from obtaining continuing education credits from any course approved by the Commissioner.

(b) The following individuals are exempt from the continuing education requirements under this section:

(1) employees of a health maintenance organization who are employed solely to solicit membership in the health maintenance organization under a contract between the health maintenance organization and the Maryland Department of Health;

(2) attorneys at law of the State who are qualified as title insurance producers and who do not hold a license in any other kind or subdivision of insurance;

(3) individuals who hold only a limited lines license to act as an insurance producer for limited line credit insurance; and

(4) insurance producers who hold only a limited lines license in any type of insurance designated by the Commissioner.

(c) A nonresident licensee shall be deemed to have met the continuing education requirements of this section if:

(1) the nonresident licensee satisfies the continuing education requirements of the home state of the nonresident licensee; and

(2) the home state of the nonresident licensee allows an insurance producer who is a resident of this State to satisfy the continuing education requirements of the home state on the same basis by meeting the continuing education requirements of this State.

(d) (1) The Commissioner may review all continuing education courses submitted and approve or disapprove courses.

(2) The Commissioner may not disapprove a continuing education course solely on the basis of the methodology or technology used to deliver instruction to individuals taking the course.

(d–1) (1) An insurance producer may obtain all or part of the credit hours of continuing education required for renewal of a license under this section from correspondence courses or online courses approved by the Commissioner.

(2) This subsection applies to all insurance producers who are required to receive continuing education as a condition of license renewal under this section, regardless of the kind or subdivision of insurance for which the insurance producer has received a license.

(e) (1) The Commissioner shall adopt regulations to carry out this section.

(2) The regulations adopted by the Commissioner under paragraph (1) of this subsection shall require providers of continuing education to submit evidence of course completion to the Commissioner or the Commissioner’s designee within 10 days after completing a course of continuing education.

(f) This section does not limit the authority of the Commissioner to review, approve, or disapprove continuing education courses, examinations, and other matters relating to the education and qualification of insurance producers.
Md. Code, Health - General § 10-614 — MD Code / Article ghg / Title 10 / Subtitle 6 / Section 10-614
§10–614.
Status: in_force

(a) Except as provided in subsection (b) of this section, application for involuntary admission of an individual to a facility or Veterans’ Administration hospital may be made under this part by any person who has a legitimate interest in the welfare of the individual.

(b) If the Administration agrees to pay the appropriate expenses, application for involuntary admission to a facility of an incarcerated individual in an institution under the Division of Correction or the Patuxent Institution may be made under this part by the Division or the Patuxent Institution.
Md. Code, Local Government § 10-329 — MD Code / Article glg / Title 10 / Subtitle 3 / Section 10-329
§10–329.
Status: in_force

A county may regulate the conditions under which dogs and livestock may be at large or pass over public ways.
Md. Code, Family Law § 10-367 — MD Code / Article gfl / Title 10 / Subtitle 3 / Section 10-367
§10–367.
Status: in_force

(a) For purposes of this Part VIII, “governor” includes an individual performing the functions of governor or the executive authority of a state covered by this subtitle.

(b) The Governor of this State may:

(1) demand that the governor of another state surrender an individual found in the other state who is charged criminally in this State with having failed to provide for the support of an obligee; or

(2) on the demand by the governor of another state, surrender an individual found in this State who is charged criminally in the other state with having failed to provide for the support of an obligee.

(c) A provision for extradition of individuals not inconsistent with this subtitle applies to the demand even if the individual whose surrender is demanded was not in the demanding state when the crime was allegedly committed and has not fled therefrom.
Md. Code, Human Services § 10-446 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-446
§10–446.
Status: in_force

(a) A subscriber may rescind a continuing care agreement for any reason before the date of occupancy by the subscriber.

(b) (1) A continuing care agreement is automatically canceled if, before the date of occupancy:

(i) the subscriber dies;

(ii) the provider determines that the subscriber is ineligible for admission to the facility; or

(iii) the subscriber terminates the continuing care agreement because of a substantial change in the subscriber’s physical, mental, or financial condition.

(2) Within 30 days after a continuing care agreement is canceled under this subsection, the subscriber or the subscriber’s legal representative shall receive a full refund of all money paid to the provider, less:

(i) a processing fee approved by the Department; and

(ii) any special additional costs incurred by the provider due to modifications in the structure or furnishings of the unit specifically requested by the subscriber, if:

1. the costs do not exceed the costs of modification and the reasonable costs of restoration actually incurred by the provider; and

2. the costs were set forth in writing in a separate addendum to the agreement signed by the subscriber.

(c) (1) If the subscriber rescinds the continuing care agreement within 90 days after entering into the agreement and before the date of occupancy for any reason other than the reasons specified in subsection (b)(1) of this section, the provider shall refund the amount described in subsection (b)(2) of this section to the subscriber or the subscriber’s legal representative within 30 days after the date of rescission.

(2) If the subscriber rescinds the continuing care agreement more than 90 days after entering into the agreement and before the date of occupancy for any reason other than the reasons specified in subsection (b)(1) of this section, the provider may retain up to 25% of the subscriber’s entrance fee deposit.

(d) (1) A subscriber may rescind a continuing care agreement at any time if a term of the agreement violates this subtitle and the subscriber is injured by the violation.

(2) The subscriber is entitled to treble damages for extensive injuries arising from a violation.

(e) (1) An applicant for admission to a facility who withdraws the application before executing a continuing care agreement shall receive a refund of all money paid to the provider except a processing fee approved by the Department.

(2) The refund shall be paid within 60 days after the applicant withdraws the application.
Md. Code, Economic Development § 10-812 — MD Code / Article gec / Title 10 / Subtitle 8 / Section 10-812
§10–812.
Status: in_force

(a) The Attorney General is the legal advisor to the Center.

(b) With the approval of the Attorney General, the Center may retain any necessary lawyers.
Md. Code, Labor and Employment § 10-104 — MD Code / Article gle / Title 10 / Subtitle 1 / Section 10-104
§10–104.
Status: in_force

(a) The Fund is independent of all State units.

(b) (1) Except as provided in paragraph (2) of this subsection and elsewhere in this subtitle, the Fund is not subject to any law, including § 6–106 of the State Government Article, that affects governmental units.

(2) The Fund is subject to:

(i) Title 4 of the General Provisions Article;

(ii) Title 12 of the State Government Article;

(iii) the Maryland Public Ethics Law; and

(iv) Title 5, Subtitle 3 of the State Personnel and Pensions Article.

(3) Paragraph (1) of this subsection does not affect the exemption from property tax under § 7–210 of the Tax – Property Article.
Md. Code, Agriculture § 10-106 — MD Code / Article gag / Title 10 / Subtitle 1 / Section 10-106
§10–106.
Status: in_force

(a) Any referendum may be held either on an area or statewide basis, as determined by the certified agency before the referendum is called.

(b) Any persons qualifying as a voter may participate in the referendum.

(c) The voters shall vote upon the question of whether an annual assessment shall be levied for a period of five years in the amount set forth in the call for the referendum on the agricultural commodity.
Md. Code, Insurance § 10-415 — MD Code / Article gin / Title 10 / Subtitle 4 / Section 10-415
§10–415.
Status: in_force

(a) A public adjuster shall adhere to the following general ethical requirements:

(1) a public adjuster may not undertake the adjustment of any claim if the public adjuster is not competent and knowledgeable as to the terms and conditions of the insurance coverage, or that otherwise exceeds the public adjuster’s current expertise;

(2) a public adjuster may not make a statement that the public adjuster knows to be false or with reckless disregard as to the statement’s truth or falsity concerning the qualifications or integrity of any person engaged in the business of insurance to any insured client or potential insured client;

(3) a public adjuster may not represent or act as a company adjuster or as an independent adjuster on the same claim;

(4) the public adjuster contract may not be construed to prevent an insured from pursuing any civil remedy after the rescission or cancellation period under § 10–411(h) of this subtitle; and

(5) a public adjuster may not enter into a contract or accept a power of attorney that vests in the public adjuster the effective authority to choose the persons who shall perform repair work.

(b) A public adjuster may not agree to any loss settlement without the insured’s knowledge and consent.
Md. Code, State Government § 10-611 — MD Code / Article gsg / Title 10 / Subtitle 6 / Section 10-611
§10–611.
Status: in_force

The Division shall:

(1) inspect the records of the units of the State government;

(2) study the records management practices of the units of State government;

(3) review a proposal to buy or rent equipment, storage space, or services for records, including microfilming or photocopying, and, as appropriate, make recommendations about the proposal to:

(i) the Department of Budget and Management; or

(ii) the Board of Public Works;

(4) on July 1, 1985 and for each subsequent 5–year period, report a series analysis of the character and quantity of records that a unit of the State government holds and that an official of the State government or the head of a unit is required or is permitted to offer to the State Archives; and

(5) otherwise further the programs of each unit of the State government.
Md. Code, Tax - General § 10-741 — MD Code / Article gtg / Title 10 / Subtitle 7 / Section 10-741
§10–741.
Status: reserved

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

(2) “Business entity” has the meaning stated in § 6–801 of the Economic Development Article.

(3) “Department” means the Department of Commerce.

(4) “Eligible project” has the meaning stated in § 6–801 of the Economic Development Article.

(5) “Existing business entity” has the meaning stated in § 6–801 of the Economic Development Article.

(6) “New business entity” has the meaning stated in § 6–801 of the Economic Development Article.

(7) “Qualified business entity” has the meaning stated in § 6–801 of the Economic Development Article.

(8) “Qualified position” has the meaning stated in § 6–801 of the Economic Development Article.

(9) “Tier I area” has the meaning stated in § 6–801 of the Economic Development Article.

(10) “Tier II area” has the meaning stated in § 6–801 of the Economic Development Article.

(b) (1) Subject to the limitations of this section, an individual or corporation that is a new business entity that operates an eligible project in a Tier I area or an existing business entity that operates an eligible project may claim a credit against the State income tax equal to the amount stated in the final tax credit certificate approved by the Department for an eligible project.

(2) The amount of the credit authorized under paragraph (1) of this subsection is equal to the product of:

(i) 1. if the qualified business entity received a certificate under § 6–805 of the Economic Development Article before June 1, 2022, 5.75%; or

2. if the qualified business entity received a certificate under § 6–805 of the Economic Development Article on or after June 1, 2022, 4.75%; and

(ii) the total amount of wages paid for each qualified position at an eligible project.

(3) If the tax credit allowed under this section in any taxable year exceeds the total tax otherwise payable by the qualified business entity for that taxable year, the qualified business entity may claim a refund in the amount of the excess.

(c) (1) On enrollment in the More Jobs for Marylanders Program established under Title 6, Subtitle 8 of the Economic Development Article, a qualified business entity shall apply to the Department for a tax credit certificate.

(2) The application shall be in the form and shall contain the information the Department requires.

(3) (i) Subject to subsections (d) and (e) of this section, the Department may issue a tax credit certificate to a qualified business entity in an amount not to exceed the amount determined under subsection (b)(2) of this section.

(ii) In determining the allocation of the aggregate tax credit amounts available in a fiscal year as provided under subsection (d) of this section, the Department shall give priority to applications for eligible projects in a Tier I area, as defined under § 6–801 of the Economic Development Article.

(d) (1) In this subsection, “Reserve Fund” means the More Jobs for Marylanders Tax Credit Reserve Fund established under paragraph (2) of this subsection.

(2) (i) There is a More Jobs for Marylanders Tax Credit Reserve Fund that is a special continuing, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(ii) The money in the Reserve Fund shall be invested and reinvested by the Treasurer, and interest and earnings shall be credited to the General Fund.

(3) (i) Subject to the limitations of this subsection, the Department shall issue an initial tax credit certificate in an amount equal to a percentage of total wages paid for each qualified position at an eligible project as calculated under subsection (b)(2) of this section.

(ii) An initial tax credit certificate issued under this subsection shall state the maximum amount of tax credit for which the qualified business entity is eligible.

(iii) 1. Except as otherwise provided in this subparagraph, for any fiscal year, the Department may not issue initial tax credit certificates for credit amounts in the aggregate totaling more than:

A. with respect to qualified business entities provided a certificate under § 6–805 of the Economic Development Article before June 1, 2022, $9,000,000 in a fiscal year; and

B. with respect to qualified business entities provided a certificate under § 6–805 of the Economic Development Article on or after June 1, 2022, $5,000,000 in a fiscal year.

2. If the aggregate credit amounts under initial tax credit certificates issued in a fiscal year total less than the maximum provided under subsubparagraph 1 of this subparagraph, any excess amount shall remain in the Reserve Fund.

3. For any fiscal year, if funds are transferred from the Reserve Fund under the authority of any provision of law other than under paragraph (4) of this subsection, the maximum credit amounts in the aggregate for which the Department may issue initial tax credit certificates shall be reduced by the amount transferred.

(iv) For fiscal year 2019 and each fiscal year thereafter, the Governor shall include in the annual budget bill an appropriation to the Reserve Fund in an amount that is no less than the amount the Department reports is necessary under subsection (e) of this section to:

1. maintain the current level of manufacturing activity in the State;

2. attract new manufacturing activity to the State; and

3. attract new businesses to and encourage the expansion of existing businesses within opportunity zones in the State.

(v) Notwithstanding the provisions of § 7–213 of the State Finance and Procurement Article, the Governor may not reduce an appropriation to the Reserve Fund in the State budget as approved by the General Assembly.

(vi) Based on an amount equal to a percentage of the total actual wages paid for each qualified position at an eligible project as calculated under subsection (b)(2) of this section, the Department shall issue a final tax credit certificate to the qualified business entity.

(4) (i) Except as provided in this paragraph, money appropriated to the Reserve Fund shall remain in the Fund.

(ii) 1. Within 15 days after the end of each calendar quarter, the Department shall notify the Comptroller as to each final credit certificate issued during the quarter:

A. the maximum credit amount stated in the initial tax credit certificate for the qualified business entity; and

B. the final certified credit amount for the qualified business entity.

2. On notification that a final credit amount has been certified, the Comptroller shall transfer an amount equal to the credit amount stated in the initial tax credit certificate for the qualified business entity from the Reserve Fund to the General Fund.

(e) On or before July 1 each year, the Department shall report to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly on the amount of tax credits necessary to:

(1) maintain the current level of manufacturing activity in the State;

(2) attract new manufacturing activity to the State; and

(3) attract new businesses to and encourage the expansion of existing businesses within opportunity zones in the State.

(f) The Department and the Comptroller jointly shall adopt regulations to carry out the provisions of this section and to specify criteria and procedures for the application for, approval of, and monitoring of continuing eligibility for the tax credit under this section.
Md. Code, Criminal Law § 10-137 — MD Code / Article gcr / Title 10 / Subtitle 1 / Section 10-137
§10–137.
Status: in_force

(a) A person who violates § 10–136 of this part shall be issued a citation under this section.

(b) A citation for a violation of § 10–136 of this part may be issued by:

(1) a police officer authorized to make arrests; and

(2) in State forestry reservations, State parks, historic monuments, and recreation areas, a forest or park warden under § 5–206(a) of the Natural Resources Article.

(c) A person authorized under this section to issue a citation shall issue the citation if the person has probable cause to believe that the person charged is committing or has committed a violation of § 10–136 of this part.

(d) (1) Subject to paragraph (2) of this subsection, the form of citation issued to an adult for a violation of § 10–136 of this part shall be as prescribed by the District Court and shall be uniform throughout the State.

(2) The citation issued to an adult shall contain:

(i) the name and address of the person charged;

(ii) the statute allegedly violated;

(iii) the location, date, and time that the alleged violation occurred;

(iv) the fine that may be imposed;

(v) a notice that the District Court promptly shall send to the person charged a summons to appear for trial;

(vi) the signature of the person issuing the citation; and

(vii) a space for the person charged to sign the citation.

(3) The form of citation issued to a minor shall:

(i) be prescribed by the State Court Administrator;

(ii) be uniform throughout the State; and

(iii) contain the information listed in § 3–8A–33(b) of the Courts Article.

(e) (1) The issuing jurisdiction shall forward a copy of the citation and a request for trial to the District Court in the district having venue.

(2) The District Court promptly shall schedule the case for trial and summon the defendant to appear.

(3) Willful failure of the defendant to respond to a summons described in paragraph (2) of this subsection is contempt of court.

(f) (1) For purposes of this section, a violation of § 10–136 of this part is a Code violation and is a civil offense.

(2) A person charged who is under the age of 18 years shall be subject to the procedures and dispositions provided in Title 3, Subtitle 8A of the Courts Article.

(3) A person charged who is at least 18 years old shall be subject to the provisions of this section.

(4) Adjudication of a Code violation under § 10–136 of this part is not a criminal conviction for any purpose and does not impose any of the civil disabilities ordinarily imposed by a criminal conviction.

(g) In any proceeding for a Code violation under § 10–136 of this part:

(1) the State has the burden to prove the guilt of the defendant to the same extent as is required by law in the trial of criminal cases;

(2) the court shall apply the evidentiary standards as prescribed by law or rule for the trial of criminal cases;

(3) the court shall ensure that the defendant has received a copy of the charges against the defendant and that the defendant understands those charges;

(4) the defendant is entitled to cross–examine all witnesses who appear against the defendant, to produce evidence or witnesses on behalf of the defendant, and to testify on the defendant’s own behalf, if the defendant chooses to do so;

(5) the defendant is entitled to be represented by counsel of the defendant’s choice and at the expense of the defendant; and

(6) the defendant may enter a plea of guilty or not guilty, and the verdict of the court in the case shall be:

(i) guilty of a Code violation;

(ii) not guilty of a Code violation; or

(iii) probation before judgment, imposed by the court in the same manner and to the same extent as is allowed by law in the trial of a criminal case.

(h) (1) If the District Court finds that a person has committed a Code violation, the court shall require the person:

(i) for a first violation, to pay a fine not exceeding $100;

(ii) for a second violation, to pay a fine not exceeding $500; or

(iii) for a third or subsequent violation, to pay a fine not exceeding $1,000 and to participate in gambling addiction treatment.

(2) The Chief Judge of the District Court may establish a schedule for the prepayment of fines for a violation under § 10–136 of this part.

(i) When a defendant has been found guilty of a Code violation and a fine has been imposed by the court:

(1) the court may direct that the payment of the fine be suspended or deferred under conditions that the court may establish; and

(2) if the defendant willfully fails to pay the fine imposed by the court, that willful failure may be treated as a criminal contempt of court, for which the defendant may be punished by the court as provided by law.

(j) (1) The defendant is liable for the costs of the proceedings in the District Court and for payment to the Criminal Injuries Compensation Fund.

(2) The court costs in a Code violation case under § 10–136 of this part in which costs are imposed are $5.

(k) (1) A defendant who has been found guilty of a Code violation under § 10–136 of this part has the right to appeal or to file a motion for a new trial or a motion for a revision of a judgment provided by law in the trial of a criminal case.

(2) A motion shall be made in the same manner as provided in the trial of criminal cases, and the court, in ruling on the motion, has the same authority provided in the trial of criminal cases.

(l) (1) The State’s Attorney for any county may prosecute a Code violation under § 10–136 of this part in the same manner as prosecution of a violation of the criminal laws of the State.

(2) In a Code violation case under § 10–136 of this part, the State’s Attorney may:

(i) enter a nolle prosequi or place the case on the stet docket; and

(ii) exercise authority in the same manner as prescribed by law for violation of the criminal laws of the State.
Md. Code, Tax - General § 10-402 — MD Code / Article gtg / Title 10 / Subtitle 4 / Section 10-402
§10–402.
Status: in_force

(a) In this section, “worldwide headquartered company” means a corporation included in a group of corporations including a parent corporation that:

(1) filed a Form 10–Q with the Securities and Exchange Commission for the quarterly period ending June 30, 2017;

(2) has its principal executive office in the State; and

(3) (i) employs at all times between July 1, 2017, and June 30, 2020, at least 500 full–time employees at the parent corporation’s principal executive office that is located within the State; or

(ii) if the parent corporation is a franchisor, is part of a group of corporations that employs at all times between July 1, 2017, and June 30, 2020, at least 400 full–time employees at the parent corporation’s principal executive office that is located within the State.

(b) In computing Maryland taxable income, a corporation shall allocate Maryland modified income derived from or reasonably attributable to its trade or business in this State in the following manner:

(1) if a corporation carries on its trade or business wholly within the State, the corporation shall allocate to the State all of the Maryland modified income of the corporation; and

(2) if a corporation carries on its trade or business within and outside the State, the corporation shall allocate to the State the part of the corporation’s Maryland modified income that is derived from or reasonably attributable to the part of its trade or business carried on in the State, in the manner required in subsection (c), (d), or (e) of this section.

(c) (1) Except as provided in subsection (d) or (e) of this section, the part of the corporation’s Maryland modified income derived from or reasonably attributable to trade or business carried on in the State may be determined by separate accounting if practicable.

(2) If in any taxable year a corporation is permitted or required to use the separate accounting method in determining all or a portion of its Maryland taxable income, the portion that is separately accounted for to Maryland shall be taxable whether or not the Maryland modified income of the corporation for the taxable year is zero or less.

(d) (1) (i) In this paragraph:

1. “manufacturing corporation” means a domestic or foreign corporation which is primarily engaged in activities that, in accordance with the North American Industrial Classification System (NAICS), United States Manual, United States Office of Management and Budget, 1997 Edition, would be included in Sector 11, 31, 32, or 33; and

2. “manufacturing corporation” does not include a refiner, as defined in § 10–101 of the Business Regulation Article.

(ii) If a manufacturing corporation carries on its trade or business within and outside the State and the trade or business is a unitary business, the part of the corporation’s Maryland modified income derived from or reasonably attributable to trade or business carried on in the State shall be determined using a single sales factor apportionment formula, by multiplying its Maryland modified income by 100% of the sales factor.

(iii) In filing its tax return for each year, a manufacturing corporation shall certify that the NAICS Code reported on its Maryland return is consistent with that reported to other government agencies.

(iv) If the Comptroller determines that a corporation has submitted information that incorrectly classifies the corporation as a manufacturing corporation under subparagraph (i) of this paragraph, the Comptroller shall reclassify the corporation in an appropriate manner.

(2) Except as provided in paragraphs (1) and (3) of this subsection:

(i) for a taxable year beginning after December 31, 2017, but before January 1, 2019, if the trade or business is a unitary business, the part of the corporation’s Maryland modified income derived from or reasonably attributable to trade or business carried on in the State shall be determined using a 3–factor apportionment fraction:

1. the numerator of which is the sum of the property factor, the payroll factor, and 3 times the sales factor; and

2. the denominator of which is 5;

(ii) for a taxable year beginning after December 31, 2018, but before January 1, 2020, if the trade or business is a unitary business, the part of the corporation’s Maryland modified income derived from or reasonably attributable to trade or business carried on in the State shall be determined using a 3–factor apportionment fraction:

1. the numerator of which is the sum of the property factor, the payroll factor, and 4 times the sales factor; and

2. the denominator of which is 6;

(iii) for a taxable year beginning after December 31, 2019, but before January 1, 2021, if the trade or business is a unitary business, the part of the corporation’s Maryland modified income derived from or reasonably attributable to trade or business carried on in the State shall be determined using a 3–factor apportionment fraction:

1. the numerator of which is the sum of the property factor, the payroll factor, and 5 times the sales factor; and

2. the denominator of which is 7;

(iv) for a taxable year beginning after December 31, 2020, but before January 1, 2022, if the trade or business is a unitary business, the part of the corporation’s Maryland modified income derived from or reasonably attributable to trade or business carried on in the State shall be determined using a 3–factor apportionment fraction:

1. the numerator of which is the sum of the property factor, the payroll factor, and 6 times the sales factor; and

2. the denominator of which is 8; and

(v) for a taxable year beginning after December 31, 2021, if the trade or business is a unitary business, the part of the corporation’s Maryland modified income derived from or reasonably attributable to trade or business carried on in the State shall be determined using a single sales factor apportionment formula, by multiplying its Maryland modified income by 100% of the sales factor.

(3) (i) Each year a worldwide headquartered company that filed a federal corporate income tax return for the taxable year may elect to calculate its Maryland modified income derived from or reasonably attributable to trade or business carried on in the State using a 3–factor apportionment fraction:

1. the numerator of which is the sum of the property factor, the payroll factor, and twice the sales factor; and

2. the denominator of which is 4.

(ii) To determine under subparagraph (i) of this paragraph the Maryland modified income of a corporation or group of corporations that is a worldwide headquartered company that filed a federal corporate income tax return for the taxable year, gross income from intangible investments, including dividends, interest, royalties, and capital gains from the sale of intangible property, shall be included in the calculation of the numerator based on the average of the property and payroll factors.

(4) The property factor under paragraphs (2) and (3) of this subsection shall include:

(i) rented and owned real property; and

(ii) tangible personal property located in the State and used in the trade or business.

(e) To reflect clearly the income allocable to Maryland, the Comptroller may alter, if circumstances warrant, the methods under subsections (c) and (d) of this section, including:

(1) the use of the separate accounting method;

(2) the use of the 3–factor double weighted sales factor formula method or the single sales factor formula method;

(3) the weight of any factor in the 3–factor formula;

(4) the valuation of rented property included in the property factor; and

(5) the determination of the extent to which tangible personal property is located in the State.
Md. Code, Natural Resources § 10-307 — MD Code / Article gnr / Title 10 / Subtitle 3 / Section 10-307
§10–307.
Status: in_force

The Department may issue a special permit to a disabled person who has a hunting license authorizing the person to hunt from a stopped vehicle which is not on a public highway. The Department shall prescribe regulations requiring applicants to submit reasons for granting this permit, and shall require every licensee to possess this permit while hunting.
Md. Code, Tax - General § 10-730 — MD Code / Article gtg / Title 10 / Subtitle 7 / Section 10-730
§10–730.
Status: in_force

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

(2) “Department” means the Department of Commerce.

(3) “Digital animation project” means the creation, development, and production of computer–generated animation content for distribution or exhibition to the general public.

(4) (i) “Film production activity” means:

1. the production of a film or video project that is intended for nationwide commercial distribution; and

2. for a television series, each season of the television series.

(ii) “Film production activity” includes the production of:

1. a feature film;

2. a television project;

3. a commercial;

4. a corporate film;

5. a music video;

6. a digital animation project;

7. a documentary; or

8. a talk, reality, or game show.

(iii) “Film production activity” does not include production of:

1. a student film;

2. a noncommercial personal video;

3. a sports broadcast;

4. a broadcast of a live event;

5. a video, computer, or social networking game;

6. pornography;

7. an infomercial;

8. a digital project or an animation project other than a digital animation project; or

9. a multimedia project.

(5) “Maryland small or independent film entity” means a qualified film production entity that:

(i) has been incorporated in Maryland for at least 3 months;

(ii) is independently owned and operated;

(iii) is not a subsidiary of another entity;

(iv) is not dominant in its field of operation;

(v) employs 25 or fewer full–time employees; and

(vi) employs Maryland residents as at least 40% of its workforce in the film production activity.

(6) “Pornography” means any production for which records are required to be maintained under § 2257 of Title 18, U.S.C., with respect to any performer in such production engaging in sexually explicit conduct.

(7) “Qualified film production entity” means an entity that:

(i) is carrying out a film production activity; and

(ii) the Secretary determines to be eligible for the tax credit under this section in accordance with subsection (c) of this section.

(8) “Secretary” means the Secretary of Commerce.

(9) “Television series” means a group of program episodes intended for television broadcast or transmission with a common series title, with or without a predetermined number of episodes, and shall include a miniseries and a pilot episode produced for an intended television series.

(10) (i) “Total direct costs”, with respect to a film production activity, means the total costs incurred in the State that are necessary to carry out the film production activity.

(ii) “Total direct costs” includes costs incurred for:

1. employee wages and benefits;

2. fees for services;

3. acquiring or leasing property;

4. salaries, wages, or other compensation for writers, directors, or producers; and

5. any other expense necessary to carry out a film production activity, including costs associated with:

A. set construction and operation;

B. wardrobe, makeup, and related services;

C. photography and sound synchronization, lighting, and related services and materials;

D. editing and related services, including film processing, transfers of film to tape or digital format, sound mixing, computer graphic services, special effects services, and animation services;

E. salary, wages, and other compensation including related benefits, for work performed in the State, paid to persons employed in the production;

F. rental of facilities in the State and equipment used in the State;

G. leasing of vehicles;

H. food and lodging;

I. music, if performed, composed, or recorded by a Maryland musician or published by a person or company domiciled in Maryland;

J. travel expenses incurred to bring persons employed, either directly or indirectly, in the production of the project to Maryland, but not including expenses of these persons departing from Maryland; and

K. legal and accounting services performed by attorneys or accountants licensed in Maryland.

(iii) “Total direct costs” does not include any salary, wages, or other compensation for personal services of an individual who receives more than $500,000 in salary, wages, or other compensation for personal services in connection with any film production activity.

(b) (1) A qualified film production entity may claim a credit against the State income tax for film production activities in the State in an amount equal to the amount stated in the final tax credit certificate approved by the Secretary for film production activities.

(2) If the tax credit allowed under this section in any taxable year exceeds the total tax otherwise payable by the qualified film production entity for that taxable year, the qualified film production entity may claim a refund in the amount of the excess.

(c) (1) Before beginning a film production activity, a film production entity shall submit to the Department an application to qualify as a film production entity.

(2) The application shall describe the anticipated film production activity, including:

(i) the projected total budget;

(ii) the estimated number of Maryland resident and out–of–state employees and total wages to be paid; and

(iii) the anticipated dates for carrying out the major elements of the film production activity.

(3) Except as provided in subsection (h) of this section, to qualify as a film production entity, the estimated total direct costs incurred in the State must exceed $250,000.

(4) The application shall include any other information required by the Secretary.

(5) For a film production entity with total direct costs that exceed $250,000, the Secretary may require the information provided in an application to be verified by an independent auditor selected and paid for by the film production entity seeking certification.

(6) The Secretary shall:

(i) determine if the film production entity qualifies for the credit under this section; and

(ii) notify the Comptroller of the estimated amount of total direct costs and the taxable year the credit will be claimed.

(d) (1) After completion of the film production activity, a qualified film production entity shall apply to the Department for a tax credit certificate.

(2) The application shall be on a form required by the Secretary and shall include:

(i) proof of the total direct costs that qualify for the tax credit; and

(ii) the number of employees hired and wages paid.

(3) Subject to subsections (f) and (h) of this section, the Secretary shall determine the total direct costs that qualify for the tax credit and issue a tax credit certificate for:

(i) except as provided in item (ii) of this paragraph, 28% of the total direct costs that qualify for the tax credit; and

(ii) for a television series, 30% of the total direct costs that qualify for the tax credit.

(e) In accordance with § 2.5–109 of the Economic Development Article, the Department shall submit a report on film production activity in the State and the economic benefits to the State resulting from film production activity during the reporting period.

(f) (1) Except as provided in paragraph (2) of this subsection, the Secretary may not issue tax credit certificates for credit amounts in the aggregate totaling more than:

(i) for fiscal year 2014, $25,000,000;

(ii) for fiscal year 2015, $7,500,000;

(iii) for fiscal year 2016, $7,500,000;

(iv) for fiscal year 2019, $8,000,000;

(v) for fiscal year 2020, $11,000,000;

(vi) for fiscal years 2021 through 2023, $12,000,000;

(vii) for fiscal year 2024, $15,000,000;

(viii) for fiscal year 2025, $17,500,000; and

(ix) for fiscal year 2026 and each fiscal year thereafter, $12,000,000.

(2) If the aggregate credit amounts under the tax credit certificates issued by the Secretary total less than the maximum provided under paragraph (1) of this subsection in any fiscal year, any excess amount may be carried forward and issued under tax credit certificates in a subsequent fiscal year.

(3) The Secretary may not issue tax credit certificates for credit amounts totaling more than $10,000,000 in the aggregate for a single film production activity.

(4) (i) For fiscal year 2019 and each fiscal year thereafter, the Secretary shall make 10% of the credit amount authorized under paragraph (1) of this subsection available for Maryland small or independent film entities.

(ii) If the total amount of credits applied for by Maryland small or independent film entities is less than the amount made available under subparagraph (i) of this paragraph, the Secretary shall make available the unused amount of credits for use by qualified film production entities.

(g) (1) Except as provided in paragraph (2) of this subsection, a qualified film production entity that receives a tax credit certificate under this section for a film production activity shall include:

(i) for a feature film project, a 5–second long static or animated logo that promotes the State in the end credits before the below–the–line crew crawl for the life of the project and a link to the State’s website on the project’s website;

(ii) for a television series project, an embedded 5–second long static or animated logo that promotes the State during each broadcast worldwide for the life of the project and a link to the State’s website on the project’s website; or

(iii) for any other project, the State logo at the end of each project and in online promotions.

(2) In lieu of including a State logo as required under paragraph (1) of this subsection, the qualified film production entity may offer alternative marketing opportunities to be evaluated by the Department to ensure that those opportunities offer equal or greater promotional value to the State.

(h) (1) For a Maryland small or independent film entity to qualify as a film production entity:

(i) the estimated total direct costs incurred in the State shall exceed $25,000; and

(ii) at least 50% of the filming of the film production activity must occur within the State.

(2) The Secretary shall determine the total direct costs that qualify for the tax credit and issue a tax credit certificate to a Maryland small or independent film entity for 28% of the total direct costs that qualify for the tax credit, not to exceed $125,000.

(i) The Department and the Comptroller jointly shall adopt regulations to carry out the provisions of this section and to specify criteria and procedures for the application for, approval of, and monitoring of continuing eligibility for the tax credit under this section.
Md. Code, Health - General § 10-608 — MD Code / Article ghg / Title 10 / Subtitle 6 / Section 10-608
§10–608.
Status: in_force

A veteran may be admitted voluntarily to a Veterans’ Administration hospital without regard to this part.
Md. Code, Public Safety § 10-104 — MD Code / Article gps / Title 10 / Subtitle 1 / Section 10-104
§10–104.
Status: in_force

(a) A person must have a permit to discharge fireworks as provided by this subtitle before the person:

(1) discharges fireworks; or

(2) possesses fireworks with the intent to discharge fireworks or to allow the discharge of fireworks.

(b) An applicant for a permit to discharge fireworks shall:

(1) apply to the State Fire Marshal for the permit at least 10 days before the date of discharge;

(2) pay to the State Fire Marshal a permit fee of $50; and

(3) post a bond with the State Fire Marshal in accordance with § 10-105 of this subtitle.

(c) If the State Fire Marshal does not receive the application for a permit required under subsection (b) of this section at least 10 days before the date of the discharge, the State Fire Marshal shall charge the applicant a late fee of $50 in addition to all required fees.

(d) The permit fee required under subsection (b)(2) of this section and the late fee required under subsection (c) of this section do not apply to a volunteer fire department or volunteer ambulance and rescue company.

(e) A permit to discharge fireworks is nontransferable.
Md. Code, Criminal Procedure § 10-110 — MD Code / Article gcp / Title 10 / Subtitle 1 / Section 10-110
§10–110.
Status: reserved

(a) A person may file a petition listing relevant facts for expungement of a police record, court record, or other record maintained by the State or a political subdivision of the State if the person is convicted of:

(1) a misdemeanor that is a violation of:

(i) § 6–320 of the Alcoholic Beverages and Cannabis Article;

(ii) an offense listed in § 17–613(a) of the Business Occupations and Professions Article;

(iii) § 5–712, § 19–304, § 19–308, or Title 5, Subtitle 6 or Subtitle 9 of the Business Regulation Article;

(iv) § 3–1508 or § 10–402 of the Courts Article;

(v) § 14–1915, § 14–2902, or § 14–2903 of the Commercial Law Article;

(vi) § 5–211 of this article;

(vii) § 3–203 or § 3–808 of the Criminal Law Article;

(viii) § 5–601 not involving the use or possession of cannabis, § 5–602(b)(1), § 5–618, § 5–619, § 5–620, § 5–703, § 5–708, or § 5–902 of the Criminal Law Article;

(ix) § 6–105, § 6–108, § 6–205 (fourth degree burglary), § 6–206, § 6–301, § 6–303, § 6–306, § 6–307, § 6–402, or § 6–503 of the Criminal Law Article;

(x) § 7–104, § 7–203, § 7–205, § 7–304, § 7–308, or § 7–309 of the Criminal Law Article;

(xi) § 8–103, § 8–106, § 8–204, § 8–206, § 8–401, § 8–402, § 8–404, § 8–406, § 8–408, § 8–503, § 8–521, § 8–523, or § 8–904 of the Criminal Law Article;

(xii) § 9–204, § 9–205, § 9–503, or § 9–506 of the Criminal Law Article;

(xiii) § 10–110, § 10–201, § 10–402, § 10–404, or § 10–502 of the Criminal Law Article;

(xiv) § 11–303, § 11–306, or § 11–307 of the Criminal Law Article;

(xv) § 12–102, § 12–103, § 12–104, § 12–105, § 12–109, § 12–203, § 12–204, § 12–205, or § 12–302 of the Criminal Law Article;

(xvi) § 13–401, § 13–602, or § 16–201 of the Election Law Article;

(xvii) § 4–509 of the Family Law Article;

(xviii) § 18–215 of the Health – General Article;

(xix) § 4–411 or § 4–2005 of the Housing and Community Development Article;

(xx) § 27–403, § 27–404, § 27–405, § 27–406, § 27–406.1, § 27–407, § 27–407.1, or § 27–407.2 of the Insurance Article;

(xxi) § 8–725.4, § 8–725.5, § 8–725.6, § 8–725.7, § 8–726, § 8–726.1, § 8–727.1, or § 8–738.2 of the Natural Resources Article or any prohibited act related to speed limits for personal watercraft;

(xxii) § 10–301, § 10–306, § 10–308.1, § 10–413(e)(1), § 10–418, § 10–502, § 10–611, or § 10–907(a) of the Natural Resources Article;

(xxiii) § 5–307, § 5–308, § 6–602, § 7–402, or § 14–114 of the Public Safety Article;

(xxiv) § 7–318.1, § 7–509, or § 10–507 of the Real Property Article;

(xxv) § 9–124 of the State Government Article;

(xxvi) § 13–1001, § 13–1004, § 13–1007, or § 13–1024 of the Tax – General Article;

(xxvii) § 16–101 or § 16–303 of the Transportation Article; or

(xxviii) the common law offenses of affray, rioting, criminal contempt, battery, or hindering;

(2) a felony that is a violation of:

(i) § 7–104 of the Criminal Law Article;

(ii) the prohibition against possession with intent to distribute a controlled dangerous substance under § 5–602 of the Criminal Law Article; or

(iii) § 6–202(a), § 6–203, or § 6–204 of the Criminal Law Article; or

(3) an attempt, a conspiracy, or a solicitation of any offense listed in item (1) or (2) of this subsection.

(b) (1) Except as provided in paragraphs (2) and (3) of this subsection, a person shall file a petition for expungement in the court in which the proceeding began.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, if the proceeding began in one court and was transferred to another court, the person shall file the petition in the court to which the proceeding was transferred.

(ii) If the proceeding began in one court and was transferred to the juvenile court under § 4–202 or § 4–202.2 of this article, the person shall file the petition in the court of original jurisdiction from which the order of transfer was entered.

(3) (i) If the proceeding in a court of original jurisdiction was appealed to a court exercising appellate jurisdiction, the person shall file the petition in the appellate court.

(ii) The appellate court may remand the matter to the court of original jurisdiction.

(c) (1) Except as otherwise provided in this subsection, a petition for expungement under this section may not be filed earlier than 5 years after the completion of the sentence.

(2) A petition for expungement for a violation of § 3–203 of the Criminal Law Article or common law battery may not be filed earlier than 7 years after the completion of the sentence.

(3) A petition for expungement for an offense classified as a domestically related crime under § 6–233 of this article may not be filed earlier than 15 years after the completion of the sentence.

(4) Except as provided in paragraphs (5) and (6) of this subsection, a petition for expungement of a felony may not be filed earlier than 7 years after the completion of the sentence.

(5) A petition for expungement of a conviction of possession with intent to distribute cannabis under § 5–602 of the Criminal Law Article may not be filed earlier than 3 years after the completion of the sentence.

(6) A petition for expungement of a conviction for § 6–202(a), § 6–203, or a felony that is a violation of § 7–104 of the Criminal Law Article may not be filed earlier than 10 years after the completion of the sentence.

(d) (1) If the person is convicted of a new crime during the applicable time period set forth in subsection (c) of this section, the original conviction or convictions are not eligible for expungement unless the new conviction becomes eligible for expungement.

(2) A person is not eligible for expungement if the person is a defendant in a pending criminal proceeding.

(3) If a person is not eligible for expungement of one conviction in a unit, the person is not eligible for expungement of any other conviction in the unit.

(e) (1) The court shall have a copy of a petition for expungement served on the State’s Attorney.

(2) The court shall send written notice of the expungement request to each listed victim in the case in which the petitioner is seeking expungement at the address listed in the court file, advising the victim of the right to offer additional information relevant to the expungement petition to the court.

(3) Unless the State’s Attorney or a victim files an objection to the petition for expungement within 30 days after the petition is served, the court shall pass an order requiring the expungement of all police records and court records about the charge.

(f) (1) If the State’s Attorney or a victim files a timely objection to the petition, the court shall hold a hearing.

(2) The court shall order the expungement of all police records and court records about the charge after a hearing, if the court finds and states on the record:

(i) that the conviction is eligible for expungement under subsection (a) of this section;

(ii) that the person is eligible for expungement under subsection (d) of this section;

(iii) that giving due regard to the nature of the crime, the history and character of the person, the person’s success at probation, parole, or mandatory supervision, and the person’s success at rehabilitation, the person is not a risk to public safety;

(iv) that the person has paid any monetary restitution ordered by the court in the original proceeding or does not have the ability to pay the restitution; and

(v) that an expungement would be in the interest of justice.

(g) If at a hearing the court finds that a person is not entitled to expungement, the court shall deny the petition.

(h) Unless an order is stayed pending appeal, within 60 days after entry of the order, every custodian of the police records and court records that are subject to the order of expungement shall advise in writing the court and the person who is seeking expungement of compliance with the order.

(i) (1) The State’s Attorney is a party to the proceeding.

(2) A party aggrieved by the decision of the court is entitled to the appellate review as provided in the Courts Article.
Md. Code, Economic Development § 10-463 — MD Code / Article gec / Title 10 / Subtitle 4 / Section 10-463
§10–463.
Status: in_force

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

(b) “Commercialization” means the process of introducing a new product or technology into the market.

(c) (1) “Cybersecurity” means information technology security.

(2) “Cybersecurity” includes the protection of networked devices, networks, programs, and data from unintended or unauthorized access, change, or destruction.

(d) “Fund” means the Cybersecurity Investment Fund established under § 10–464 of this subtitle.
Md. Code, Human Services § 10-1301 — MD Code / Article ghu / Title 10 / Subtitle 13 / Section 10-1301
§10–1301.
Status: in_force

(a) The Department shall:

(1) subject to subsection (b) of this section, oversee and train the staff of long–term care and dementia care navigation programs under this subtitle; and

(2) disseminate best practices and collect interaction data to ensure statewide program integrity.

(b) The work of the long–term care and dementia care navigation programs under this subtitle shall be guided by the recommendations of:

(1) the State Plan on Aging; and

(2) the Virginia I. Jones Alzheimer’s Disease and Related Dementias Council under Title 13, Subtitle 32 of the Health – General Article.

(c) (1) On or before October 1, 2024, and each October 1 thereafter, the Department shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the President of the Senate, the Speaker of the House, the Senate Finance Committee, and the House Health and Government Operations Committee, on the services provided under this subtitle.

(2) The report required under this subsection shall include:

(i) the number of direct contacts each long–term care and dementia care navigation program has with State residents; and

(ii) the result of each direct contact, including:

1. the percentage of individuals referred to service providers;

2. the number of cognitive screenings conducted;

3. the number of outreach events conducted; and

4. the number of State residents contacted through outreach events.

(3) The Department shall publish the report required under this subsection on the Department’s website.