Md. Code, Insurance § 10-128 — MD Code / Article gin / Title 10 / Subtitle 1 / Section 10-128
§10–128.
Status: in_force

(a) This section does not apply to:

(1) reinsurance;

(2) life insurance, health insurance, or annuity contracts;

(3) insurance of:

(i) rolling stock, vessels, or aircraft of a common carrier used in interstate or foreign commerce;

(ii) a motor vehicle principally garaged and used outside the State; or

(iii) liability or other risks, incident to the ownership, maintenance, or operation of a subject of insurance under item (i) or (ii) of this item;

(4) insurance of property while transported in interstate or in foreign trade, or any liability or risk incident to the transportation;

(5) insurance of wet marine and transportation risks;

(6) bid bonds issued in connection with public or private contracts;

(7) policies or endorsements issued through:

(i) insurance producers compensated only by salary;

(ii) insurers not using insurance producers in the general solicitation of business;

(iii) mutual insurers or other insurers not customarily using insurance producers compensated by commission if no commission is payable to an insurance producer on the policy or endorsement; or

(iv) insurers or groups of insurers under common management or control that are represented exclusively by insurance producers who represent only the insurers or groups of insurers;

(8) reciprocal insurers; or

(9) insurance written through:

(i) the Maryland Automobile Insurance Fund; or

(ii) the Maryland Property Insurance Availability Program.

(b) This section does not alter the requirements of § 10-119 of this subtitle.

(c) (1) Notwithstanding any other provision of law of this State or of policy forms, and subject to paragraph (2) of this subsection, an insurance producer that is a resident of this State may not be required to sign or countersign a policy covering a subject of insurance resident, located, or to be performed in this State.

(2) A policy covering a subject of insurance resident, located, or to be performed in this State shall be signed or countersigned by an insurance producer that is a resident of this State if:

(i) the policy is written by an insurance producer that is a resident of another state and is qualified as a nonresident insurance producer in this State; and

(ii) the law of the other state requires a signature or countersignature by an insurance producer that is a resident of that state on a policy written by an insurance producer that is not a resident in that state.

(3) A policy is not invalid because it does not have the required signature or countersignature.

(d) (1) A person may not sign or countersign a policy or endorsement subject to this section unless the person:

(i) is a licensed insurance producer;

(ii) is a resident of this State;

(iii) is compensated by commissions on policies subject to this section; and

(iv) is not an employee or officer of the insurer issuing the policy.

(2) This section does not prevent an insurance producer from:

(i) delegating the duty of signing or countersigning to employees of the insurance producer that are not also employees of lending institutions; or

(ii) directing the payment of commissions on policies subject to this section to a corporation or partnership insurance agency or otherwise.

(e) An insurance producer may not countersign a policy or endorsement unless the policy or endorsement states, as applicable:

(1) the rates or premiums;

(2) a description of the property insured; and

(3) the name and address of the insured.

(f) If the law of another state requires an insurance producer that is a resident of that state to keep part of the commission paid on a policy written, countersigned, or delivered by the insurance producer in that state on request of a nonresident insurance producer of that state, an insurance producer that is a resident of this State and that signs or countersigns a policy written by an insurance producer that is a resident of the other state and qualified as a nonresident insurance producer in this State covering a subject of insurance resident, located, or to be performed in this State shall keep an equal pro rata part of any commission on the policy.
Md. Code, State Government § 10-1305 — MD Code / Article gsg / Title 10 / Subtitle 13 / Section 10-1305
§10–1305.
Status: in_force

(a) (1) In this section, “breach of the security of a system” means the unauthorized acquisition of computerized data that compromises the security, confidentiality, or integrity of the personal information maintained by a unit.

(2) “Breach of the security of a system” does not include the good faith acquisition of personal information by an employee or agent of a unit for the purposes of the unit, provided that the personal information is not used or subject to further unauthorized disclosure.

(b) (1) If a unit that collects computerized data that includes personal information of an individual discovers or is notified of a breach of the security of a system, the unit shall conduct in good faith a reasonable and prompt investigation to determine whether the unauthorized acquisition of personal information of the individual has resulted in or is likely to result in the misuse of the information.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, if after the investigation is concluded, the unit determines that the misuse of the individual’s personal information has occurred or is likely to occur, the unit or the nonaffiliated third party, if authorized under a written contract or agreement with the unit, shall notify the individual of the breach.

(ii) Unless the unit or nonaffiliated third party knows that the encryption key has been broken, a unit or the nonaffiliated third party is not required to notify an individual under subparagraph (i) of this paragraph if:

1. the personal information of the individual was secured by encryption or redacted; and

2. the encryption key has not been compromised or disclosed.

(3) Except as provided in subsection (d) of this section, the notification required under paragraph (2) of this subsection shall be given as soon as reasonably practicable after the unit conducts the investigation required under paragraph (1) of this subsection.

(4) If, after the investigation required under paragraph (1) of this subsection is concluded, the unit determines that notification under paragraph (2) of this subsection is not required, the unit shall maintain records that reflect its determination for 3 years after the determination is made.

(c) (1) A nonaffiliated third party that maintains computerized data that includes personal information provided by a unit shall notify the unit of a breach of the security of a system if the unauthorized acquisition of the individual’s personal information has occurred or is likely to occur.

(2) Except as provided in subsection (d) of this section, the notification required under paragraph (1) of this subsection shall be given as soon as reasonably practicable after the nonaffiliated third party discovers or is notified of the breach of the security of a system.

(3) A nonaffiliated third party that is required to notify a unit of a breach of the security of a system under paragraph (1) of this subsection shall share with the unit information relating to the breach.

(d) (1) The notification required under subsection (b) of this section may be delayed:

(i) if a law enforcement agency determines that the notification will impede a criminal investigation or jeopardize homeland or national security; or

(ii) to determine the scope of the breach of the security of a system, identify the individuals affected, or restore the integrity of the system.

(2) If notification is delayed under paragraph (1)(i) of this subsection, notification shall be given as soon as reasonably practicable after the law enforcement agency determines that the notification will not impede a criminal investigation and will not jeopardize homeland or national security.

(e) The notification required under subsection (b) of this section may be given:

(1) by written notice sent to the most recent address of the individual in the records of the unit;

(2) by electronic mail to the most recent electronic mail address of the individual in the records of the unit if:

(i) the individual has expressly consented to receive electronic notice; or

(ii) the unit conducts its duties primarily through Internet account transactions or the Internet;

(3) by telephonic notice, to the most recent telephone number of the individual in the records of the unit; or

(4) by substitute notice as provided in subsection (f) of this section if:

(i) the unit demonstrates that the cost of providing notice would exceed $100,000 or that the affected class of individuals to be notified exceeds 175,000; or

(ii) the unit does not have sufficient contact information to give notice in accordance with item (1), (2), or (3) of this subsection.

(f) Substitute notice under subsection (e)(4) of this section shall consist of:

(1) electronically mailing the notice to an individual entitled to notification under subsection (b) of this section if the unit has an electronic mail address for the individual to be notified;

(2) conspicuous posting of the notice on the website of the unit if the unit maintains a website; and

(3) notification to appropriate media.

(g) The notification required under subsection (b) of this section shall include:

(1) to the extent possible, a description of the categories of information that were, or are reasonably believed to have been, acquired by an unauthorized person, including which of the elements of personal information were, or are reasonably believed to have been, acquired;

(2) contact information for the unit making the notification, including the unit’s address, telephone number, and toll–free telephone number if one is maintained;

(3) the toll–free telephone numbers and addresses for the major consumer reporting agencies; and

(4) (i) the toll–free telephone numbers, addresses, and website addresses for:

1. the Federal Trade Commission; and

2. the Office of the Attorney General; and

(ii) a statement that an individual can obtain information from these sources about steps the individual can take to avoid identity theft.

(h) (1) Before giving the notification required under subsection (b) of this section, a unit shall provide notice of a breach of the security of a system to the Office of the Attorney General.

(2) In addition to the notice required under paragraph (1) of this subsection, a unit, as defined in § 10–1301(f)(1) of this subtitle, shall provide notice of a breach of security to the Department of Information Technology.

(i) A waiver of any provision of this section is contrary to public policy and is void and unenforceable.

(j) Compliance with this section does not relieve a unit from a duty to comply with any other requirements of federal law relating to the protection and privacy of personal information.
Md. Code, Health Occupations § 10-310 — MD Code / Article gho / Title 10 / Subtitle 3 / Section 10-310
§10–310.
Status: in_force

(a) Subject to subsection (b) of this section, an occupational therapy assistant license authorizes the licensee to practice limited occupational therapy while the license is effective.

(b) A licensed occupational therapy assistant may practice limited occupational therapy only under the supervision of an occupational therapist who is authorized to practice occupational therapy in this State.
Md. Code, Criminal Procedure § 10-239 — MD Code / Article gcp / Title 10 / Subtitle 2 / Section 10-239
§10–239.
Status: in_force

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

(b) “Attorney General” means the Attorney General of the United States.

(c) “Compact officer” means:

(1) with respect to the federal government, an official so designated by the Director of the FBI; and

(2) with respect to a party state, the chief administrator of the state’s criminal history records repository or a designee of the chief administrator who is a regular full–time employee of the repository.

(d) “Council” means the Compact Council established under Section 10–244 of this subtitle.

(e) “Criminal history records”:

(1) means information collected by criminal justice agencies on individuals consisting of identifiable descriptions and notations of arrests, detentions, indictments, or other formal criminal charges, and any disposition arising therefrom, including acquittal, sentencing, correctional supervision, or release; and

(2) does not include identification information such as fingerprint records if such information does not indicate involvement of the individual with the criminal justice system.

(f) “Criminal history records repository” means the state agency designated by the governor or other appropriate executive official or the legislature of a state to perform centralized record keeping functions for criminal history records and services in the state.

(g) “Criminal justice” includes activities relating to the detection, apprehension, detention, pretrial release, posttrial release, prosecution, adjudication, correctional supervision, or rehabilitation of accused persons or criminal offenders. The administration of criminal justice includes criminal identification activities and the collection, storage, and dissemination of criminal history records.

(h) “Criminal justice agency”:

(1) means:

(i) courts; and

(ii) a governmental agency or any subunit thereof that:

1. performs the administration of criminal justice pursuant to a statute or executive order; and

2. allocates a substantial part of its annual budget to the administration of criminal justice; and

(2) includes federal and state inspectors general offices.

(i) “Criminal justice services” means services provided by the FBI to criminal justice agencies in response to a request for information about a particular individual or as an update to information previously provided for criminal justice purposes.

(j) “Criterion offense” means any felony or misdemeanor offense not included on the list of nonserious offenses published periodically by the FBI.

(k) “Direct access” means access to the National Identification Index by computer terminal or other automated means not requiring the assistance of or intervention by any other party or agency.

(l) “Executive order” means an order of the President of the United States or the chief executive officer of a state that has the force of law and that is promulgated in accordance with applicable law.

(m) “FBI” means the Federal Bureau of Investigation.

(n) “Interstate Identification Index System” or “III System”:

(1) means the cooperative federal–state system for the exchange of criminal history records; and

(2) includes the National Identification Index, the National Fingerprint File and, to the extent of their participation in such system, the criminal history record repositories of the states and the FBI.

(o) “National Fingerprint File” means a database of fingerprints, or other uniquely personal identifying information, relating to an arrested or charged individual maintained by the FBI to provide positive identification of record subjects indexed in the III System.

(p) “National Identification Index” means an index maintained by the FBI consisting of names, identifying numbers, and other descriptive information relating to record subjects about whom there are criminal history records in the III System.

(q) “National indices” means the National Identification Index and the National Fingerprint File.

(r) “Nonparty state” means a state that has not ratified this Compact.

(s) “Noncriminal justice purposes” means uses of criminal history records for purposes authorized by federal or state law other than purposes relating to criminal justice activities, including employment suitability, licensing determinations, immigration and naturalization matters, and national security clearances.

(t) “Party state” means a state that has ratified this Compact.

(u) “Positive identification” means a determination, based upon a comparison of fingerprints or other equally reliable biometric identification techniques, that the subject of a record search is the same person as the subject of a criminal history record or records indexed in the III System. Identifications based solely upon a comparison of subjects’ names or other nonunique identification characteristics or numbers, or combinations thereof, shall not constitute positive identification.

(v) “Sealed record information” means:

(1) with respect to adults, that portion of a record that is:

(i) not available for criminal justice uses;

(ii) not supported by fingerprints or other accepted means of positive identification; or

(iii) subject to restrictions on dissemination for noncriminal justice purposes pursuant to a court order related to a particular subject or pursuant to a federal or state statute that requires action on a sealing petition filed by a particular record subject; and

(2) with respect to juveniles, whatever each state determines is a sealed record under its own law and procedure.

(w) “State” means any state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.
Md. Code, Tax - General § 10-204 — MD Code / Article gtg / Title 10 / Subtitle 2 / Section 10-204
§10–204.
Status: reserved

§10–204. IN EFFECT

(a) To the extent excluded from federal adjusted gross income, the amounts under this section are added to the federal adjusted gross income of a resident to determine Maryland adjusted gross income.

(b) The addition under subsection (a) of this section includes interest or dividends, less related expenses, attributable to an obligation or security of:

(1) another state; or

(2) a political subdivision or authority of another state.

(c) (1) If exempted by federal law or by treaty from federal but not State tax on income, the addition under subsection (a) of this section includes salary, wages, or other compensation for personal services.

(2) If exempted by federal law or by treaty from federal but not State tax on income, the addition under subsection (a) of this section includes interest or dividends attributable to an obligation of:

(i) the United States or a foreign government; or

(ii) an authority, a commission, an instrumentality, a possession, or a territory of the United States or of a foreign government.

(d) (1) In this subsection, “lump–sum distribution”, “minimum distribution allowance”, and “total taxable amount” have the meanings stated in § 402(e) of the Internal Revenue Code.

(2) The addition under subsection (a) of this section includes the amount by which the total taxable amount of a lump–sum distribution exceeds the sum of:

(i) 60% of the capital gains portion of the total taxable amount; and

(ii) the minimum distribution allowance.

(3) For purposes of this subsection, the capital gains portion of the total taxable amount is determined by multiplying the total taxable amount by a fraction:

(i) the numerator of which is the number of calendar years of active participation by the employee in the plan before January 1, 1974; and

(ii) the denominator of which is the number of calendar years of active participation by the employee in the plan.

(e) The addition under subsection (a) of this section includes the oil percentage depletion allowance claimed under § 613 or § 613A of the Internal Revenue Code.

(f) The addition under subsection (a) of this section includes the amount of pickup contributions of a member of a retirement or pension system:

(1) provided for under § 21–313 of the State Personnel and Pensions Article; and

(2) excluded from federal adjusted gross income under § 414(h)(2) of the Internal Revenue Code.

(g) (1) In this subsection, “remaindermen” includes a person whose remainder interest is vested, contingent, or vested subject to divestment.

(2) The addition under subsection (a) of this section includes any capital loss derived from the sale or other disposition of intangible personal property that is held in trust, if the proceeds thereof are added to the principal of the trust, and if all the remaindermen in being are:

(i) nonresidents during the entire taxable year; or

(ii) corporations not doing business in the State.

(3) The addition required under paragraph (2) of this subsection does not apply if there are no remaindermen of the trust in being.

(h) The addition under subsection (a) of this section includes the amount deducted under § 222 of the Internal Revenue Code for qualified tuition and related expenses paid during the taxable year.

(i) Repealed.

(j) The addition under subsection (a) of this section includes any amount deducted for costs, as defined under § 10–732 of this title, for security clearance administrative expenses and construction and equipment costs incurred to construct or renovate a sensitive compartmented information facility if an amount is included in the application for a credit under § 10–732 of this title.

(k) For a taxable year beginning after December 31, 2012, the addition under subsection (a) of this section includes the amount of income of an electing small business trust, as defined under § 1361(e)(1) of the Internal Revenue Code, that is subject to the special taxing rules under § 641(c) of the Internal Revenue Code.

(l) The addition under subsection (a) of this section includes any amount deducted as a donation, as defined under § 10–736 or § 10–749 of this title, to the extent that the amount of the donation is included in an application for a credit that is certified under § 10–736 or § 10–749 of this title.

§10–204. // EFFECTIVE DECEMBER 31, 2028 PER CHAPTER 77 OF 2022 //

(a) To the extent excluded from federal adjusted gross income, the amounts under this section are added to the federal adjusted gross income of a resident to determine Maryland adjusted gross income.

(b) The addition under subsection (a) of this section includes interest or dividends, less related expenses, attributable to an obligation or security of:

(1) another state; or

(2) a political subdivision or authority of another state.

(c) (1) If exempted by federal law or by treaty from federal but not State tax on income, the addition under subsection (a) of this section includes salary, wages, or other compensation for personal services.

(2) If exempted by federal law or by treaty from federal but not State tax on income, the addition under subsection (a) of this section includes interest or dividends attributable to an obligation of:

(i) the United States or a foreign government; or

(ii) an authority, a commission, an instrumentality, a possession, or a territory of the United States or of a foreign government.

(d) (1) In this subsection, “lump–sum distribution”, “minimum distribution allowance”, and “total taxable amount” have the meanings stated in § 402(e) of the Internal Revenue Code.

(2) The addition under subsection (a) of this section includes the amount by which the total taxable amount of a lump–sum distribution exceeds the sum of:

(i) 60% of the capital gains portion of the total taxable amount; and

(ii) the minimum distribution allowance.

(3) For purposes of this subsection, the capital gains portion of the total taxable amount is determined by multiplying the total taxable amount by a fraction:

(i) the numerator of which is the number of calendar years of active participation by the employee in the plan before January 1, 1974; and

(ii) the denominator of which is the number of calendar years of active participation by the employee in the plan.

(e) The addition under subsection (a) of this section includes the oil percentage depletion allowance claimed under § 613 or § 613A of the Internal Revenue Code.

(f) The addition under subsection (a) of this section includes the amount of pickup contributions of a member of a retirement or pension system:

(1) provided for under § 21–313 of the State Personnel and Pensions Article; and

(2) excluded from federal adjusted gross income under § 414(h)(2) of the Internal Revenue Code.

(g) (1) In this subsection, “remaindermen” includes a person whose remainder interest is vested, contingent, or vested subject to divestment.

(2) The addition under subsection (a) of this section includes any capital loss derived from the sale or other disposition of intangible personal property that is held in trust, if the proceeds thereof are added to the principal of the trust, and if all the remaindermen in being are:

(i) nonresidents during the entire taxable year; or

(ii) corporations not doing business in the State.

(3) The addition required under paragraph (2) of this subsection does not apply if there are no remaindermen of the trust in being.

(h) The addition under subsection (a) of this section includes the amount deducted under § 222 of the Internal Revenue Code for qualified tuition and related expenses paid during the taxable year.

(i) Repealed.

(j) The addition under subsection (a) of this section includes any amount deducted for costs, as defined under § 10–732 of this title, for security clearance administrative expenses and construction and equipment costs incurred to construct or renovate a sensitive compartmented information facility if an amount is included in the application for a credit under § 10–732 of this title.

(k) For a taxable year beginning after December 31, 2012, the addition under subsection (a) of this section includes the amount of income of an electing small business trust, as defined under § 1361(e)(1) of the Internal Revenue Code, that is subject to the special taxing rules under § 641(c) of the Internal Revenue Code.

(l) The addition under subsection (a) of this section includes any amount deducted as a donation, as defined under § 10–736 of this title, to the extent that the amount of the donation is included in an application for a credit that is certified under § 10–736 of this title.
Md. Code, Economic Development § 10-456 — MD Code / Article gec / Title 10 / Subtitle 4 / Section 10-456
§10–456.
Status: in_force

The purpose of the Initiative is to:

(1) promote the commercialization of research conducted in universities in the State;

(2) encourage qualifying universities to partner on commercialization and other activities, including with federal laboratories located in Maryland; and

(3) facilitate the transfer of technology from universities to commercial industries, by:

(i) assessing the viability and value of the technology;

(ii) defining and exploiting potential markets for the technology;

(iii) identifying funding sources to support the development of the technology; and

(iv) developing commercialization strategies.
Md. Code, Health - General § 10-601 — MD Code / Article ghg / Title 10 / Subtitle 6 / Section 10-601
§10–601.
Status: in_force

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

(b) “Clinical social worker” means an individual who is licensed under Title 19 of the Health Occupations Article to practice clinical social work.

(c) “Electronic record” means a document communicated, received, or stored by electronic means.

(d) “Licensed clinical marriage and family therapist” means an individual who is licensed under Title 17, Subtitle 3A of the Health Occupations Article to practice clinical marriage and family therapy.

(e) “Licensed clinical professional counselor” means an individual who is licensed under Title 17, Subtitle 3A of the Health Occupations Article to practice clinical professional counseling.

(f) “Physician” means an individual who is licensed under Title 14 of the Health Occupations Article to practice medicine in this State.

(g) “Psychiatric nurse practitioner” means an individual who is:

(1) Licensed as a registered nurse and certified as a nurse practitioner under Title 8 of the Health Occupations Article; and

(2) Practicing in the State as a certified registered nurse practitioner–psychiatric mental health.

(h) “Psychologist” means an individual who is licensed under Title 18 of the Health Occupations Article to practice psychology.
Md. Code, Human Services § 10-405 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-405
§10–405.
Status: in_force

(a) In this section, “Fund” means the Continuing Care Fund.

(b) There is a Continuing Care Fund.

(c) The purpose of the Fund is to defray the costs of administering this subtitle.

(d) The Department of Aging shall administer the Fund.

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

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

(f) The Fund consists of:

(1) all fees collected under this subtitle;

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

(3) investment earnings of the Fund; and

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

(g) The Fund may be used only for the purposes specified in this subtitle.

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

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

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

(j) Money expended from the Fund for administering this subtitle is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for administering this subtitle.
Md. Code, Business Regulation § 10-202 — MD Code / Article gbr / Title 10 / Subtitle 2 / Section 10-202
§10–202.
Status: in_force

(a) The Comptroller may adopt regulations necessary to administer and enforce this title.

(b) The Comptroller shall adopt regulations to:

(1) set minimum specifications for motor fuel marketed in the State consistent with the general practices of other states and the petroleum industry;

(2) specify the information to be included on each loading ticket or manifest; and

(3) specify the form of identification markers for vehicles and the method of annual validation of the markers.
Md. Code, Criminal Procedure § 10-231 — MD Code / Article gcp / Title 10 / Subtitle 2 / Section 10-231
§10–231.
Status: in_force

(a) In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(b) The Personnel Officer of Anne Arundel County may request from the Central Repository a State and national criminal history records check for a prospective or current employee or volunteer of Anne Arundel County.

(c) (1) As part of the application for a criminal history records check, the Personnel Officer of Anne Arundel County shall submit to the Central Repository:

(i) two complete sets of the prospective or current employee’s or volunteer’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

(ii) the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and

(iii) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(2) In accordance with §§ 10–201 through 10–250 of this subtitle, the Central Repository shall forward to the prospective or current employee or volunteer and the Personnel Officer of Anne Arundel County the prospective or current employee’s or volunteer’s criminal history record information.

(3) Information obtained from the Central Repository under this section:

(i) is confidential and may not be redisseminated; and

(ii) may be used only for a personnel–related purpose concerning a prospective or current employee or volunteer of the county as authorized by this section.

(4) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.

(d) The Anne Arundel County Council shall adopt guidelines to carry out this section.
Md. Code, Corporations and Associations § 10-305 — MD Code / Article gca / Title 10 / Subtitle 3 / Section 10-305
§10–305.
Status: in_force

(a) Each limited partner may inspect and copy, in person or by agent, on written request from time to time upon reasonable demand:

(1) True and full information regarding the state of the business and financial condition of the limited partnership;

(2) A copy of the partnership agreement and certificate of limited partnership and all amendments to the agreement or certificate; and

(3) Other information regarding the affairs of the limited partnership as is just and reasonable for any purpose reasonably related to the limited partner’s interest as a limited partner.

(b) One or more persons who together are partners with at least a 5 percent interest in the partnership (determined on the basis of the sharing of profits and losses) may inspect and copy, in person or by agent, on written request from time to time upon reasonable demand:

(1) Promptly after becoming available, a copy of the limited partnership’s federal, State, and local income tax returns for each year; and

(2) A current list of the name and last known business, residence, or mailing address of each partner.

(c) The rights to inspect and copy certain information may be subject to reasonable standards that may be set forth in the partnership agreement or otherwise established by the general partners.
Md. Code, State Government § 10-705 — MD Code / Article gsg / Title 10 / Subtitle 7 / Section 10-705
§10–705.
Status: reserved

Each order, rule, and regulation that relates to a transferred function or authority of an abolished or superseded unit remains in effect until the successor amends or rescinds the order, rule, or regulation.
Md. Code, Alcoholic Beverages and Cannabis § 10-2004 — MD Code / Article gab / Title 10 / Subtitle 20 / Section 10-2004
§10–2004.
Status: in_force

The Board may set the hours of sale for beer, wine, and liquor licenses.
Md. Code, Economic Development § 10-657.5 — MD Code / Article gec / Title 10 / Subtitle 6 / Section 10-657.5
§10–657.
Status: in_force

§10–657.5.

(a) In this section, “Fund” means the Sports Entertainment Facilities Financing Fund.

(b) There is a Sports Entertainment Facilities Financing Fund.

(c) (1) The Fund is a continuing, nonlapsing fund that shall be available to implement this subtitle concerning sports entertainment facilities.

(2) The Authority shall:

(i) use the Fund as a revolving fund for carrying out this subtitle concerning sports entertainment facilities; and

(ii) pay any and all expenses from the Fund that are incurred by the Authority related to any sports entertainment facility.

(d) To the extent considered appropriate by the Authority, the money on deposit in the Fund shall be pledged to and used to pay the following related to sports entertainment facilities:

(1) debt service on Authority bonds;

(2) debt service reserves under a trust agreement;

(3) all reasonable charges and expenses related to Authority borrowing; and

(4) all reasonable charges and expenses related to the Authority’s administration of the Fund and management of the Authority’s obligations.

(e) The Fund consists of:

(1) money deposited into the Fund;

(2) to the extent that the proceeds are not under a trust agreement, proceeds from the sale of bonds concerning sports entertainment facilities;

(3) revenues collected or received from any source under this subtitle related to sports entertainment facility projects;

(4) any interest earnings of the Fund; and

(5) any additional money made available from any public source for the purposes established for the Fund.

(f) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State funds.

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

(3) No part of the Fund may revert or be credited to the General Fund or any special fund of the State.
Md. Code, Health Occupations § 10-205 — MD Code / Article gho / Title 10 / Subtitle 2 / Section 10-205
§10–205.
Status: in_force

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

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

(2) A code of ethics for licensees; and

(3) In consultation with the State Board of Physical Therapy Examiners and the Board of Chiropractic Examiners, regulations that recognize occupational therapists and occupational therapy assistants who have acquired advanced practice skills.

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

(1) Keep records and minutes necessary for the orderly conduct of business;

(2) Keep a list of each currently licensed occupational therapist and occupational therapy assistant; and

(3) Investigate an alleged violation of this title.
Md. Code, Human Services § 10-513 — MD Code / Article ghu / Title 10 / Subtitle 5 / Section 10-513
§10–513.
Status: in_force

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

(b) “Fund” means the Senior Citizen Activities Center Operating Fund.

(c) “Senior citizen activities center” means a community or neighborhood facility in which a broad spectrum of services are organized and provided to seniors and their spouses, including health, social, nutritional, educational, and recreational services.
Md. Code, State Government § 10-1203 — MD Code / Article gsg / Title 10 / Subtitle 12 / Section 10-1203
§10–1203.
Status: in_force

Each unit shall include each of its toll-free telephone numbers in any directory that lists information about the unit.
Md. Code, Corporations and Associations § 10-702 — MD Code / Article gca / Title 10 / Subtitle 7 / Section 10-702
§10–702.
Status: reserved

(a) Unless otherwise provided in the partnership agreement, a partnership interest is assignable in whole or in part.

(b) An assignment of a partnership interest does not dissolve a limited partnership or entitle the assignee to become a partner or, unless otherwise provided in the partnership agreement, exercise any rights of a partner.

(c) Unless otherwise provided in the partnership agreement, an assignment entitles the assignee to receive, to the extent assigned, only the distributions to which the assignor would be entitled.

(d) A partnership agreement may provide that a partnership interest may or shall be transferred or assigned in whole or in part to one or more persons, including on the occurrence of any of the events described in § 10–402 of this title, regardless of whether the persons to whom the interest is transferred or assigned are partners.
Md. Code, Economic Development § 10-521 — MD Code / Article gec / Title 10 / Subtitle 5 / Section 10-521
§10–521.
Status: in_force

The Corporation may:

(1) study agricultural conditions and needs in the State, needs relating to the promotion of agricultural industries, and ways of meeting those needs;

(2) make the studies available to the public and to agricultural industries; and

(3) engage in research or disseminate information on agriculture and agricultural marketing and promotion.
Md. Code, Alcoholic Beverages and Cannabis § 10-1502 — MD Code / Article gab / Title 10 / Subtitle 15 / Section 10-1502
§10–1502.
Status: in_force

(a) Licenses shall be approved by the Board of License Commissioners of the City and issued by the City Clerk.

(b) The Board of License Commissioners of Anne Arundel County may not issue licenses in the City.
Md. Code, Business Regulation § 10-406 — MD Code / Article gbr / Title 10 / Subtitle 4 / Section 10-406
§10–406.
Status: in_force

(a) Each vehicle used to transport motor fuel shall be identified on the tank part of the vehicle or another location acceptable to the Comptroller with the name of the petroleum transporter who is registered under this subtitle.

(b) The identification must be discernible at 50 feet from each side or from the rear of the vehicle when the vehicle is at rest.
Md. Code, Health - General § 10-917 — MD Code / Article ghg / Title 10 / Subtitle 9 / Section 10-917
§10–917.
Status: in_force

The administrative head of any facility may appoint any employee as a law enforcement officer and, while the employee holds a special police commission issued by the Governor, the employee may:

(1) Return an individual to the facility from which the individual escaped; and

(2) Be used to protect individuals or property at the facility.
Md. Code, Business Occupations and Professions § 10-202 — MD Code / Article gbo / Title 10 / Subtitle 2 / Section 10-202
§10–202.
Status: in_force

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

(2) Each member shall be a lawyer.

(3) The Supreme Court of Maryland shall appoint the members of the Board.

(b) Each member of the Board shall have been a lawyer for at least 5 years.

(c) (1) The term of a member is 5 years and begins on January 1.

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

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

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

(5) The Supreme Court of Maryland may reappoint a member.

(d) A majority of the authorized membership of the Board is a quorum.
Md. Code, State Finance and Procurement § 10-304 — MD Code / Article gsf / Title 10 / Subtitle 3 / Section 10-304
§10–304.
Status: reserved

(a) This section does not apply to:

(1) property that is pledged to secure the payment of principal of or interest on revenue bonds; or

(2) real property that is owned or controlled by the State Highway Administration, unless the property is being transferred to the Maryland Transportation Authority or to another unit in the Department of Transportation.

(b) (1) The Board may transfer any property, and all rights of physical custody and control over the property, from a unit of the Executive Branch of the State government to another unit of the Executive Branch of the State government.

(2) Any property transferred under this subsection is exempt from the appraisal requirements under § 10–305(b)(2)(i) of this subtitle.

(3) Any property transferred under this subsection is subject to the continuing general jurisdiction of the Board.
Md. Code, Courts and Judicial Proceedings § 10-805 — MD Code / Article gcj / Title 10 / Subtitle 8 / Section 10-805
§10–805.
Status: in_force

This subtitle shall not apply in the case of wills, living trusts, deeds, or contracts of insurance where provision has been made for distribution of property different from the provisions of this subtitle.
Md. Code, Corporations and Associations § 10-205 — MD Code / Article gca / Title 10 / Subtitle 2 / Section 10-205
§10–205.
Status: in_force

If a person required by § 10-204 of this subtitle to execute a certificate of amendment or cancellation fails or refuses to do so, any other partner, and any assignee of a partnership interest, who is adversely affected by the failure or refusal, may petition the circuit court for the jurisdiction where the principal office of the partnership is located to direct the amendment or cancellation. If the court finds that the amendment or cancellation is proper and that any person so designated has failed or refused to execute the certificate, the court shall order the Department to record an appropriate certificate of amendment or cancellation.
Md. Code, Correctional Services § 10-103 — MD Code / Article gcs / Title 10 / Subtitle 1 / Section 10-103
§10–103.
Status: in_force

A contract, plan, design, or specification for construction of a State correctional facility that involves an engineering question is subject to the approval of the Secretary.
Md. Code, Human Services § 10-403 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-403
§10–403.
Status: in_force

(a) The Department shall:

(1) administer this subtitle;

(2) prepare and furnish all forms necessary or desirable under this subtitle;

(3) establish and collect reasonable filing fees to carry out this subtitle;

(4) adopt regulations necessary to enforce this subtitle; and

(5) prepare and distribute relevant public information and educational materials designed to advise individuals, institutions, and organizations of their rights and responsibilities under this subtitle.

(b) (1) Except as provided in paragraph (2) of this subsection, the Department shall make available to interested persons any information required to be provided to the Department under this subtitle and publicize the availability of the information.

(2) (i) A feasibility study filed under § 10-408 of this subtitle may not be disclosed until the Department issues an initial certificate of registration for the project.

(ii) Information required to be provided under § 10-434(b)(2) of this subtitle shall be disclosed only to the extent required under the Public Information Act.
Md. Code, Health - General § 10-625 — MD Code / Article ghg / Title 10 / Subtitle 6 / Section 10-625
§10–625.
Status: in_force

(a) If an emergency evaluee meets the requirements for an involuntary admission and is unable or unwilling to agree to a voluntary admission under this subtitle, the examining physician shall take the steps needed for involuntary admission of the emergency evaluee to an appropriate facility, which may be a general hospital with a licensed inpatient psychiatric unit.

(b) (1) If the examining physician is unable to have the emergency evaluee admitted to a facility, the physician shall notify the Department.

(2) Within 6 hours after notification, the Department shall provide for admission of the emergency evaluee to an appropriate facility.

(c) (1) Within 30 hours after the emergency facility completes an application for the involuntary admission of an emergency evaluee, the emergency facility shall notify the Mental Health Division in the Office of the Public Defender, by e–mail or facsimile, of the completion of the application.

(2) The notice required under paragraph (1) of this subsection shall include any legal documents relating to the acceptance of the emergency evaluee into the emergency facility, including the emergency petition, application for involuntary admission, and certification for involuntary admission.

(3) The notice required under paragraph (1) of this subsection does not apply to a patient who agrees to voluntary admission.
Md. Code, Real Property § 10-303.1 — MD Code / Article grp / Title 10 / Subtitle 3 / Section 10-303.1
§10–303.
Status: in_force

§10–303.1.

The Consumer Protection Division of the Office of the Attorney General shall adopt regulations for the administration of the provisions of this subtitle relating to bonds and letters of credit.
Md. Code, Tax - General § 10-220 — MD Code / Article gtg / Title 10 / Subtitle 2 / Section 10-220
§10–220.
Status: in_force

(a) An individual who is a resident of the State for only a part of the taxable year may claim and shall include only the part attributable to Maryland, as determined under this section, of:

(1) the additions to federal adjusted gross income under § 10-204 of this subtitle;

(2) the subtractions from federal adjusted gross income under §§ 10-207 through 10-209 of this subtitle;

(3) the deduction for exemptions under § 10-211 or § 10-212 of this subtitle; and

(4) (i) the standard deduction under § 10-217 of this subtitle; or

(ii) itemized deductions under § 10-218 of this subtitle.

(b) Unless the Comptroller requires or allows another method to compute the items listed in subsection (a) of this section, an individual who is a resident for only a part of the taxable year shall prorate the items using a fraction:

(1) the numerator of which is the number of months in which the individual was a resident; and

(2) the denominator of which is 12.

(c) An individual who is a resident for a period of more than 15 days in a month is deemed to be a resident for the full month.
Md. Code, Health - General § 10-1101 — MD Code / Article ghg / Title 10 / Subtitle 11 / Section 10-1101
§10–1101.
Status: in_force

This title may be cited as the Maryland Mental Health Law.
Md. Code, State Government § 10-219 — MD Code / Article gsg / Title 10 / Subtitle 2 / Section 10-219
§10–219.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, a presiding officer may not communicate ex parte directly or indirectly regarding the merits of any issue in the case, while the case is pending, with:

(i) any party to the case or the party’s representative or attorney; or

(ii) any person who presided at a previous stage of the case.

(2) An agency head, board, or commission presiding over a contested case may communicate with members of an advisory staff of, or any counsel for, the agency, board, or commission who otherwise does not participate in the contested case.

(b) If, before hearing a contested case, a person receives an ex parte communication of a type that would violate subsection (a) of this section if received while conducting a hearing, the person, promptly after commencing the hearing, shall disclose the communication in the manner prescribed in subsection (c) of this section.

(c) An individual who is involved in the decision making process and who is personally aware of an ex parte communication shall:

(1) give notice to all parties;

(2) include in the record of the contested case:

(i) each written communication received;

(ii) a memorandum that states the substance of each oral communication received;

(iii) each written response to a communication; and

(iv) a memorandum that states the substance of each oral response to the communication; and

(3) send to each party a copy of each communication, memorandum, and response.

(d) A party may rebut an ex parte communication if the party requests the opportunity to rebut within 10 days after notice of the communication.

(e) (1) To eliminate the effect of an ex parte communication that is made in violation of this section, the presiding officer or, if the presiding officer is a multimember body, the individual board or commission member, may:

(i) withdraw from the proceeding; or

(ii) terminate the proceeding without prejudice.

(2) An order to terminate the proceeding without prejudice shall state the last date by which a party may reinstitute the proceeding.
Md. Code, Labor and Employment § 10-301 — MD Code / Article gle / Title 10 / Subtitle 3 / Section 10-301
§10–301.
Status: in_force

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

(b) “Board” means the Uninsured Employers’ Fund Board.

(c) “Fund” means the Uninsured Employers’ Fund.
Md. Code, State Government § 10-1608 — MD Code / Article gsg / Title 10 / Subtitle 16 / Section 10-1608
§10–1608.
Status: in_force

In implementing this subtitle, an official publisher of legal material in an electronic record shall consider:

(1) standards and practices of other jurisdictions;

(2) the most recent standards regarding the authentication of, preservation and security of, and public access to legal material in an electronic record and other electronic records, as adopted by national standard–setting bodies;

(3) the needs of users of legal material in an electronic record;

(4) the view of governmental officials and entities and other interested persons; and

(5) to the extent practicable, methods and technologies for the authentication of, preservation and security of, and public access to legal material that are compatible with methods and technologies used by other official publishers in the State and in other states that have adopted a law substantially similar to this subtitle.
Md. Code, Human Services § 10-425 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-425
§10–425.
Status: in_force

(a) A disclosure statement shall include:

(1) a table of contents;

(2) the name, address, and description of the facility and the identity of the owner or owners of the facility and the land on which it is located;

(3) the name and address of the provider and of any parent or subsidiary;

(4) the organizational structure and management of the provider, including:

(i) for a corporation or limited liability company, its name, the state in which it is incorporated or formed, and the name of the chief executive officer;

(ii) for a partnership, the names of the general partners, the state governing its formation, and the name of the primary individual responsible for managing it;

(iii) for an unincorporated association, the names of the members, the state governing its activities, and the name of the primary individual responsible for managing it;

(iv) for a partnership that has a corporation or limited liability company as one or more of its general partners, the name of each corporation or limited liability company, the state in which it is incorporated or formed, and the name of the chief executive officer;

(v) for a trust, the name of the trustee, the names of the owners of beneficial interests in the trust, the state governing it, and the name of the primary individual responsible for overseeing its activities; and

(vi) a statement whether the provider is qualified, or intends to qualify, as a tax–exempt organization under the Internal Revenue Code;

(5) the name and occupation of each officer, director, trustee, managing or general partner, and each person with a 10% or greater equity or beneficial interest in the provider, and a description of the person’s financial interest in or occupation with the provider;

(6) the name and address of any entity in which a person identified in item (5) of this subsection has a 10% or greater financial interest and that is anticipated to provide goods, premises, or services with a value of $10,000 or more to the facility or provider in a fiscal year and a description of the goods, premises, or services and their anticipated cost to the facility or provider, which need not include salary, wage, or benefit information of employees of the provider;

(7) a description of any matter in which an individual identified in item (5) of this subsection:

(i) has been convicted of a felony or pleaded nolo contendere to a felony charge, if the felony involved fraud, embezzlement, fraudulent conversion, or misappropriation of property;

(ii) has been held liable or enjoined in a civil action by final judgment, if the civil action involved fraud, embezzlement, fraudulent conversion, or misappropriation as a fiduciary;

(iii) has been subject to an effective injunctive or restrictive order of a court of record in an action that arose out of or related to business activity or health care, including an action that affected a license to operate a facility or service for senior, impaired, or dependent persons; or

(iv) in the past 10 years, had a state or federal license or permit suspended or revoked because a governmental unit brought an action that arose out of or related to business activity or health care, including an action that affected a license to operate a facility or service for senior, impaired, or dependent persons;

(8) a description of the provider’s form of governance and the composition of its governing body, and a statement that the provider will satisfy the requirements of §§ 10–426 and 10–427 of this subtitle;

(9) if the provider has a governing body, a description of the process used by the provider to:

(i) select a subscriber member of its governing body; and

(ii) satisfy the requirements of § 10–427(a) of this subtitle.

(10) a statement of any affiliation of the provider with a religious, charitable, or other nonprofit organization, and the extent of the organization’s responsibility for the financial and contractual obligations of the provider;

(11) if the facility will be managed on a day–to–day basis by a person other than an individual who is directly employed by the provider, the name of the proposed manager or management company and a description of the business experience of the manager or company in operating or managing similar facilities;

(12) a copy of the most recent certified financial statement obtainable under generally accepted accounting principles;

(13) a description of the long–term financing for the facility;

(14) a cash flow forecast for the current and the next two fiscal years;

(15) a description of any activity related to a renovation, expansion, or new development during the preceding fiscal year or proposed for the current fiscal year;

(16) a description of:

(i) the steps that have been or will be taken to comply with the operating reserve requirements under § 10–420(b) of this subtitle; and

(ii) the provider’s investment policy related to the required reserves, including how often and by whom the reserve fund investment is reviewed;

(17) a description of the financial arrangements that the provider has made, if any, to address the renewal and replacement of the buildings and improvements at the facility, such as the establishment of a renewal and replacement fund;

(18) if the facility has not reached 85% occupancy of its independent living units, a summary of the feasibility study;

(19) if applicable, a description of the conditions under which the provider may be issued an initial certificate of registration and may use escrowed deposits;

(20) a description of all basic fees, including entrance fees, fees for health related services, and periodic fees that the provider collects from subscribers, and the amount and frequency of any fee changes during the previous 5 years or, if the facility has been in operation less than 5 years, for each year of operation;

(21) a summary of the basic services provided or proposed to be provided at the facility under the continuing care agreement, including the extent to which health related services are provided, that clearly states which services are indicated in the agreement as included in the basic fee and which services are or will be made available at or by the facility at an extra charge;

(22) if applicable, a statement that it is the provider’s policy to impose a surcharge on some, but not all, subscribers because of a condition or circumstance that applies only to those subscribers and that the surcharge is not part of the entrance fee refund required under § 10–448 of this subtitle;

(23) a description of the role of any resident association;

(24) a description of the internal grievance procedure;

(25) if the provider offers a continuing care agreement that promises a contractual entrance fee refund after occupancy, a statement whether the portion of the entrance fee to be refunded is held in trust or escrow for the subscriber after occupancy, and if so held, a description of where and how the funds are held;

(26) if the provider offers an extensive agreement, the following statement: “If you have a long–term care insurance policy, request your advisors to review the policy and the continuing care agreement to determine whether there are potential areas of duplication or areas where benefits can be coordinated.”;

(27) a statement that the provider will amend its disclosure statement whenever the provider or the Department considers an amendment necessary to prevent the disclosure statement from containing:

(i) a material misstatement of a fact required by this section to be stated in the disclosure statement; or

(ii) an omission of a material fact required by this section to be stated in the disclosure statement; and

(28) any other material information about the facility or the provider that the Department requires or that the provider wishes to include.

(b) The disclosure statement shall contain a cover page that states, in a prominent location and type face:

(1) the date of the disclosure statement; and

(2) that the issuance of a certificate of registration does not:

(i) constitute approval, recommendation, or endorsement of the facility by the Department; or

(ii) evidence or attest to the accuracy or completeness of the information in the disclosure statement.

(c) (1) This subsection applies to a provider that:

(i) has a continuing care agreement that includes a provision to provide assisted living program services; and

(ii) does not execute a separate assisted living agreement.

(2) In addition to any other requirement of this section, the disclosure statement shall contain the following information about the assisted living program:

(i) the name and address and a description of each facility that the provider operates;

(ii) a statement regarding the relationship of the provider to other providers or services if the relationship affects the care of the resident;

(iii) a description of any special programming, staffing, and training provided by the program for individuals with particular needs or conditions such as cognitive impairment;

(iv) notice of:

1. the availability of locks for storage;

2. the availability of locks for the subscriber’s room;

3. the security procedures that the provider will implement to protect the subscriber and the subscriber’s property; and

4. the provider’s right, if any, to enter a subscriber’s room;

(v) a statement of the obligations of the provider, the subscriber, or the subscriber’s agent for:

1. arranging or overseeing medical care;

2. monitoring the subscriber’s health status;

3. purchasing or renting essential or desired equipment and supplies; and

4. ascertaining the cost of and purchasing durable medical equipment;

(vi) an explanation of the assisted living program’s complaint or grievance procedure; and

(vii) notice of any material changes in the assisted living program.

(3) The provider shall:

(i) give to each subscriber annually and without cost revisions to the disclosure statement provisions under paragraph (2) of this subsection;

(ii) ensure that each subscriber or the subscriber’s agent initials the revised disclosure statement to acknowledge the revisions; and

(iii) make copies of the initialed disclosure statements available for inspection by the Maryland Department of Health under Title 19, Subtitle 18 of the Health – General Article.
Md. Code, Human Services § 10-439 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-439
§10–439.
Status: in_force

A provider whose facility has been the subject of a conversion may not terminate or fail to renew a lease for an accommodation in order to enter into a continuing care agreement for that accommodation.
Md. Code, Family Law § 10-332 — MD Code / Article gfl / Title 10 / Subtitle 3 / Section 10-332
§10–332.
Status: in_force

(a) If a support order entitled to recognition under this subtitle has not been issued, a responding tribunal of this State with personal jurisdiction over the parties may issue a support order if:

(1) the individual seeking the order resides outside this State; or

(2) the support enforcement agency seeking the order is located outside this State.

(b) The tribunal may issue a temporary child support order if the tribunal determines that such an order is appropriate and the individual ordered to pay is:

(1) a presumed father of the child;

(2) petitioning to have his paternity adjudicated;

(3) identified as the father of the child through genetic testing;

(4) an alleged father who has declined to submit to genetic testing;

(5) shown by clear and convincing evidence to be the father of the child;

(6) an acknowledged father as provided by § 5–306(a)(6) of this article;

(7) the mother of the child; or

(8) an individual who has been ordered to pay child support in a previous proceeding and the order has not been reversed or vacated.

(c) Upon finding, after notice and opportunity to be heard, that an obligor owes a duty of support, the tribunal shall issue a support order directed to the obligor and may issue other orders pursuant to § 10–317 of this subtitle.
Md. Code, State Government § 10-13A-02 — MD Code / Article gsg / Title 10 / Subtitle 13A / Section 10-13A-02
§10–13A–02.
Status: in_force

(a) This subtitle does not apply to personally identifiable information that:

(1) is publicly available information that is lawfully made available to the general public from federal, State, or local government records;

(2) an individual has consented to have publicly disseminated or listed;

(3) except for a medical record that a person is prohibited from redisclosing under § 4–302(d) of the Health – General Article, is disclosed in accordance with the federal Health Insurance Portability and Accountability Act;

(4) is disclosed in accordance with the federal Family Educational Rights and Privacy Act;

(5) is clinical information; or

(6) is information related to sponsored research.

(b) Compliance with this subtitle does not authorize a public institution of higher education to fail to comply with any other requirements of State or federal law relating to the protection and privacy of personally identifiable information.
Md. Code, Economic Development § 10-317 — MD Code / Article gec / Title 10 / Subtitle 3 / Section 10-317
§10–317.
Status: in_force

(a) (1) The Executive Director and each other officer authorized by the Authority may:

(i) allow copies to be made of the minutes and records of the Authority; and

(ii) certify records under seal showing that the copies are true copies.

(2) A person may rely on the certified record.

(b) The records of the Authority are public records subject to reasonable inspection.
Md. Code, Education § 10-202 — MD Code / Article ged / Title 10 / Subtitle 2 / Section 10-202
§10–202.
Status: in_force

Public higher education in Maryland should be based on the following principles:

(1) The people of Maryland expect quality in all aspects of public higher education: teaching, research, and public service;

(2) Public higher education should be accessible to all those who seek and qualify for admission;

(3) Public higher education should provide a diversity of quality educational opportunities;

(4) Adequate funding by the State is critical if public higher education is to achieve its goal;

(5) The people of Maryland are entitled to efficient and effective management of public higher education;

(6) The people of Maryland are entitled to capable and creative leadership in public higher education; and

(7) Public higher education should be committed to promoting diversity and inclusion at each institution by attracting and graduating a diverse student body committed to service.
Md. Code, Courts and Judicial Proceedings § 10-301 — MD Code / Article gcj / Title 10 / Subtitle 3 / Section 10-301
§10–301.
Status: in_force

The speed of a motor vehicle may be proved by evidence of a test made upon it with a device designed to measure and indicate the speed of a moving object by means of radio-micro waves.
Md. Code, Family Law § 10-135 — MD Code / Article gfl / Title 10 / Subtitle 1 / Section 10-135
§10–135.
Status: in_force

Earnings withholding orders issued out of state shall be enforced in the same manner under this Part III of this subtitle as earnings withholding orders issued in this State.
Md. Code, Criminal Procedure § 10-226 — MD Code / Article gcp / Title 10 / Subtitle 2 / Section 10-226
§10–226.
Status: in_force

(a) A person may not inspect or challenge criminal history record information under this subtitle if any of the criminal history record information is relevant to a pending criminal proceeding.

(b) This section does not affect a person’s right of inspection or discovery allowed under the Maryland Rules or under any statute, rule, or regulation not a part of or adopted under this subtitle.
Md. Code, Criminal Procedure § 10-112 — MD Code / Article gcp / Title 10 / Subtitle 1 / Section 10-112
§10–112.
Status: in_force

(a) In this section, “expunge” means to remove all references to a specified criminal case from the Central Repository.

(b) On or before July 1, 2024, the Department of Public Safety and Correctional Services shall expunge all cases in which:

(1) possession of cannabis under § 5–601 of the Criminal Law Article is the only charge in the case; and

(2) the charge was issued before July 1, 2023.
Md. Code, Agriculture § 10-1001 — MD Code / Article gag / Title 10 / Subtitle 10 / Section 10-1001
§10–1001.
Status: in_force

(a) There is a Seafood and Aquaculture Products Marketing Program.

(b) The Seafood and Aquaculture Products Marketing Program shall be part of the Department.

(c) The Seafood and Aquaculture Products Marketing Program shall have the powers, duties, responsibilities, and functions provided in the laws of this State.
Md. Code, Financial Institutions § 10-114 — MD Code / Article gfi / Title 10 / Subtitle 1 / Section 10-114
§10–114.
Status: in_force

Section 9-504 of this article does not prevent the Division Director and the Fund Director from exchanging information about an association.
Md. Code, Family Law § 10-126 — MD Code / Article gfl / Title 10 / Subtitle 1 / Section 10-126
§10–126.
Status: in_force

(a) If an obligor accrues support payment arrears amounting to more than 30 days of support, the recipient or the support enforcement agency may file a request for service of the earnings withholding order.

(b) (1) The request shall:

(i) be under oath;

(ii) state the last date or dates on which support payments were received, and the amount or amounts of the support payments; and

(iii) state the amount of arrearage.

(2) The request may be filed on a form which shall be provided by the court.

(c) Any person who willfully makes a false representation in a request for service of an earnings withholding order under this section shall be subject to the penalties for perjury.

(d) When support payments are being made through the support enforcement agency, the agency shall file the request for service of the earnings withholding order.
Md. Code, Tax - General § 10-209 — MD Code / Article gtg / Title 10 / Subtitle 2 / Section 10-209
§10–209.
Status: in_force

(a) In this section:

(1) “employee retirement system” means a plan:

(i) established and maintained by an employer for the benefit of its employees; and

(ii) qualified under § 401(a), § 403, or § 457(b) of the Internal Revenue Code; and

(2) “employee retirement system” does not include:

(i) an individual retirement account or annuity under § 408 of the Internal Revenue Code;

(ii) a Roth individual retirement account under § 408A of the Internal Revenue Code;

(iii) a rollover individual retirement account;

(iv) a simplified employee pension under Internal Revenue Code § 408(k); or

(v) an ineligible deferred compensation plan under § 457(f) of the Internal Revenue Code.

(b) Subject to subsections (d) and (e) of this section, to determine Maryland adjusted gross income, if, on the last day of the taxable year, a resident is at least 65 years old or is totally disabled or the resident’s spouse is totally disabled, or the resident is 55 years old and is a retired forest ranger, park ranger, or wildlife ranger of the United States, the State, or a political subdivision of the State, an amount is subtracted from federal adjusted gross income equal to the lesser of:

(1) the cumulative or total annuity, pension, or endowment income from an employee retirement system included in federal adjusted gross income; or

(2) the maximum annual benefit under the Social Security Act computed under subsection (c) of this section, less any payment received as old age, survivors, or disability benefits under the Social Security Act, the Railroad Retirement Act, or both.

(c) For purposes of subsection (b)(2) of this section, the Comptroller:

(1) shall determine the maximum annual benefit under the Social Security Act allowed for an individual who retired at age 65 for the prior calendar year; and

(2) may allow the subtraction to the nearest $100.

(d) (1) Military retirement income that is included in the subtraction under § 10–207(q) of this subtitle may not be taken into account for purposes of the subtraction under this section.

(2) Public safety employee retirement income that is included in the subtraction under § 10–207(mm) of this subtitle may not be taken into account for purposes of the subtraction under this section.

(e) In the case of a retired forest ranger, park ranger, or wildlife ranger of the United States, the State, or a political subdivision of the State, the amount included under subsection (b)(1) of this section is limited to the first $15,000 of retirement income that is attributable to the resident’s employment as a forest ranger, park ranger, or wildlife ranger of the United States, the State, or a political subdivision of the State unless:

(1) the resident is at least 65 years old or is totally disabled; or

(2) the resident’s spouse is totally disabled.
Md. Code, Economic Development § 10-652 — MD Code / Article gec / Title 10 / Subtitle 6 / Section 10-652
§10–652.
Status: in_force

(a) There is a Camden Yards Financing Fund.

(b) The Authority shall:

(1) use the Camden Yards Fund as a nonlapsing, revolving fund for implementing this subtitle concerning sports facilities and other facilities at Camden Yards;

(2) pay all expenses and make all expenditures related to Camden Yards facilities from the Camden Yards Fund; and

(3) transfer the sum of $24,000,000 to the Public School Construction Fund established under § 7–326 of the State Finance and Procurement Article by making an annual payment of $2,400,000 beginning in fiscal year 2001 and ending in fiscal year 2010.

(c) (1) To the extent considered appropriate by the Authority, the receipts of the Camden Yards Fund shall be pledged to and charged with the following relating to sports facilities:

(i) the payment of debt service on Authority bonds;

(ii) all reasonable charges and expenses related to Authority borrowing; and

(iii) the management of Authority obligations.

(2) The pledge shall be effective as provided in § 10–634 of this subtitle and any applicable Authority resolution.

(d) The Camden Yards Fund consists of:

(1) proceeds from the sale of bonds related to sports facilities;

(2) revenues collected or received from any source under this subtitle related to Camden Yards facilities;

(3) any other revenues related to Camden Yards facilities, under the jurisdiction of the Authority;

(4) admissions and amusement tax revenues distributed to the Authority under the Tax – General Article;

(5) any additional revenue, gift, donation, or other funding source authorized by law related to Camden Yards facilities; and

(6) payments by Baltimore City under subsection (f) of this section.

(e) (1) The Treasurer shall invest the money of the Camden Yards Fund in the same manner as State funds.

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

(3) No part of the Camden Yards Fund may revert to or be credited to the General Fund or any special fund of the State.

(f) Baltimore City shall pay $1,000,000 each year into the Camden Yards Fund for the purposes of debt service and other forms of obligation by the Authority.
Md. Code, Tax - General § 10-301 — MD Code / Article gtg / Title 10 / Subtitle 3 / Section 10-301
§10–301.
Status: in_force

The Maryland taxable income of a corporation is its Maryland modified income as allocated to the State under Subtitle 4 of this title.
Md. Code, Economic Development § 10-483 — MD Code / Article gec / Title 10 / Subtitle 4 / Section 10-483
§10–483.
Status: in_force

The Corporation shall include as part of its annual report to the Governor and the General Assembly under § 10–415 of this subtitle a report on the implementation of the Fund.
Md. Code, Housing and Community Development § 10-107 — MD Code / Article ghs / Title 10 / Subtitle 1 / Section 10-107
§10–107.
Status: in_force

(a) The debts, obligations, and liabilities of the Trust are those of the Trust only and are not:

(1) a pledge of the State’s credit; or

(2) those of the State or its officers, employees, or governmental units.

(b) (1) The net earnings of the Trust may not inure to the benefit of a trustee, officer, or private person.

(2) A trustee, officer, or private person is not entitled to share in the distribution of the corporate assets of the Trust.

(3) If the Trust is dissolved or abolished, by act of the General Assembly or otherwise, its assets shall be distributed to the State or a governmental unit of the State.
Md. Code, Natural Resources § 10-803 — MD Code / Article gnr / Title 10 / Subtitle 8 / Section 10-803
§10–803.
Status: in_force

(a) If the Department considers it in the State’s best interests and the Governor consents, the Department may exchange any area of land or water or part the Department owns together with any improvement on the area of land or water for any privately owned area of land or water equal to or greater in value than the area of land or water the Department exchanges and adapted for wildlife refuge and management. Also, the Department may sell any area of land or water or part of the area of land or water owned by the Department to the person who offers the highest price.

(b) The Department may use any acquired area of land or water as a State park.

(c) The Attorney General shall prepare any deed necessary to complete the exchange or sale of the area of land or water. The Secretary shall execute the deed. The net proceeds of any sale shall be deposited with the State Comptroller and placed to the credit of the State Wildlife Management and Protection Fund.
Md. Code, State Finance and Procurement § 10A-301 — MD Code / Article gsf / Title 10A / Subtitle 3 / Section 10A-301
§10A–301.
Status: in_force

(a) A reporting agency may accept, reject, or evaluate an unsolicited proposal for a public–private partnership that will assist the reporting agency in implementing its functions in a manner consistent with State policy.

(b) A reporting agency shall establish the process for determining whether an unsolicited proposal meets a need of the reporting agency or is otherwise advantageous to the reporting agency.

(c) (1) A reporting agency may establish by regulation an application fee for submitting an unsolicited proposal.

(2) For an unsolicited proposal that does not address a project already in the State’s Capital Improvement Program or Consolidated Transportation Program planning documents, a reporting agency may require a higher application fee.

(d) If a reporting agency determines that an unsolicited proposal meets a need of the reporting agency or is otherwise advantageous to the reporting agency, the reporting agency shall:

(1) conduct a competitive solicitation process as described under Subtitle 2 of this title;

(2) protect proprietary information included in the unsolicited proposal to the same extent proprietary information is protected under § 10A–203(b) of this title; and

(3) comply with all of the other procedural requirements set forth in this title.

(e) An individual or firm that has submitted an unsolicited proposal under this title may participate in any subsequent competitive solicitation process.
Md. Code, Transportation § 10-206 — MD Code / Article gtr / Title 10 / Subtitle 2 / Section 10-206
§10–206.
Status: in_force

A proposed extension or revision in this State of a route of transit facilities of the Washington Metropolitan Area Transit Authority requires approval of the Secretary.
Md. Code, Agriculture § 10-1502 — MD Code / Article gag / Title 10 / Subtitle 15 / Section 10-1502
§10–1502.
Status: in_force

This subtitle authorizes credits for the production of:

(1) Ethanol that:

(i) Satisfies the American Society for Testing and Materials Specifications D 4806-88; and

(ii) Is denatured as specified in 27 C.F.R. Parts 20 and 21; and

(2) Biodiesel that satisfies the American Society for Testing and Materials D 6751.
Md. Code, Tax - General § 10-716 — MD Code / Article gtg / Title 10 / Subtitle 7 / Section 10-716
§10–716.
Status: in_force

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

(2) “Federal child and dependent care credit” means the child and dependent care credit properly claimed by an individual for the taxable year under § 21 of the Internal Revenue Code.

(3) “Qualifying individual” means a qualifying individual within the meaning of § 21(b) of the Internal Revenue Code.

(4) “Taxpayer” means:

(i) an individual filing an income tax return; or

(ii) a married couple filing a joint income tax return.

(b) A resident who is a taxpayer may claim a credit against the State income tax as provided in this section for expenses paid by the taxpayer during a taxable year for the care of a qualifying individual if the federal adjusted gross income of the taxpayer for the taxable year does not exceed:

(1) $92,000, in the case of an individual; or

(2) $143,000, in the case of a married couple filing a joint income tax return.

(c) Subject to subsection (d) of this section and except as provided in subsection (e) of this section, the credit allowed under subsection (b) of this section equals the lesser of:

(1) 32% of the federal child and dependent care credit; or

(2) the State income tax for the taxable year.

(d) (1) If the federal adjusted gross income of a taxpayer filing an individual return for the taxable year exceeds $30,000, the credit otherwise allowed under this section shall be reduced by 1% for each $2,000 or fraction of $2,000 by which the individual’s federal adjusted gross income exceeds $30,000.

(2) In the case of an individual who is a member of a married couple filing a joint income tax return, if the individual’s federal adjusted gross income for the taxable year exceeds $50,000, the credit otherwise allowed under this section shall be reduced by 1% for each $3,000 or fraction of $3,000 by which the individual’s federal adjusted gross income exceeds $50,000.

(e) If the credit allowed under this section in any taxable year exceeds the State income tax for that taxable year, the taxpayer may claim a refund in the amount of the excess if the taxpayer’s federal adjusted gross income does not exceed:

(1) $50,000 in the case of an individual; or

(2) $75,000 in the case of a married couple filing a joint income tax return.

(f) (1) For each taxable year beginning after December 31, 2019, the maximum income thresholds under subsection (b) of this section and the maximum income thresholds under subsection (e) of this section shall be increased by an amount equal to the product of the maximum income thresholds and the cost–of–living adjustment specified in this subsection.

(2) For purposes of this subsection, the cost–of–living adjustment is the cost–of–living adjustment within the meaning of § 1(f)(3) of the Internal Revenue Code for the calendar year in which a taxable year begins, as determined by the Comptroller, by substituting “calendar year 2018” for “calendar year 2016” in § 1(f)(3)(A) of the Internal Revenue Code.

(3) If any increase determined under paragraph (1) of this subsection is not a multiple of $50, the increase shall be rounded down to the next lowest multiple of $50.

(g) The credit allowed under this section does not affect the treatment under this title of any deduction or exclusion allowed under this title or allowed for federal income tax purposes for expenses paid by the taxpayer for the care of a qualifying individual.
Md. Code, Economic Development § 10-623 — MD Code / Article gec / Title 10 / Subtitle 6 / Section 10-623
§10–623.
Status: in_force

The Authority shall:

(1) submit the operating and capital program budget of the Authority each year to the Department of Budget and Management for inclusion in the State budget book for informational purposes; and

(2) keep records that are consistent with sound business practices and accounting records using generally accepted accounting principles.
Md. Code, Corporations and Associations § 10-303 — MD Code / Article gca / Title 10 / Subtitle 3 / Section 10-303
§10–303.
Status: in_force

(a) Except as provided in § 10–207(a) of this title and subsection (c) of this section, a limited partner is not liable for the obligations of a limited partnership unless the limited partner is also a general partner or, in addition to the exercise of his rights and powers as a limited partner, he takes part in the control of the business. However, if the limited partner takes part in the control of the business and is not also a general partner, the limited partner is liable only to persons who transact business with the limited partnership and who reasonably believe, based upon the limited partner’s conduct, that the limited partner is a general partner.

(b) (1) A limited partner does not take part in the control of the business within the meaning of subsection (a) of this section solely by doing one or more of the following:

(i) Being a contractor for or an agent or employee of the limited partnership or of a general partner or being an officer, director, or stockholder of a corporate general partner, or any combination of these roles, whether solely or jointly with other officers, directors, or stockholders, and irrespective of whether that corporate general partner is the sole general partner of the limited partnership or is a general partner of one or more limited partnerships;

(ii) Consulting with or advising a general partner with respect to the business of the limited partnership;

(iii) Acting as surety for the limited partnership;

(iv) Approving or disapproving an amendment to the partnership agreement; or

(v) Voting on one or more of the following matters:

1. The dissolution and winding up of the limited partnership;

2. The sale, exchange, lease, mortgage, pledge, or other transfer of a material portion of the assets of the limited partnership;

3. The incurrence of indebtedness by the limited partnership other than in the ordinary course of its business;

4. A change in the nature of its business;

5. The removal of a general partner;

6. The admission of a general or limited partner;

7. The merger of the limited partnership with or into any other entity; or

8. Any matter related to the business of the limited partnership not otherwise enumerated in this subsection which the partnership agreement states in writing may be subject to the approval or disapproval of limited partners.

(2) The enumeration in subsection (b)(1) of this subsection does not necessarily mean that the possession or exercise of any other powers by a limited partner constitutes participation by the limited partner in the business of the limited partnership.

(c) A limited partner who knowingly permits his name to be used in the name of the limited partnership, except under circumstances permitted by Title 1, Subtitle 5 of this article, is liable to creditors who extend credit to the limited partnership without actual knowledge that the limited partner is not a general partner.
Md. Code, Family Law § 10-124 — MD Code / Article gfl / Title 10 / Subtitle 1 / Section 10-124
§10–124.
Status: in_force

(a) Except as otherwise provided in this Part III, the Administration may serve an earnings withholding notice on an employer of an obligor without the need for any modification of the support order or any further action by a tribunal if:

(1) (i) a tribunal has issued a support order; and

(ii) the Administration is providing child support services under Title IV, Part D, of the Social Security Act; or

(2) an obligor requests the service of an earnings withholding notice.

(b) The Administration may serve an employer with an earnings withholding notice using an electronic format if the employer has entered into an agreement with the Administration to accept service of an earnings withholding notice in this manner.

(c) When the Administration serves an employer with an earnings withholding notice under this section, the Administration shall send to the obligor, by first-class mail, at the obligor’s last known home address and place of employment:

(1) a copy of the earnings withholding notice;

(2) a statement of the procedures under § 10-134 of this subtitle that the obligor must follow to terminate earnings withholding;

(3) a statement of the obligor’s right to contest the accuracy of the information provided in the earnings withholding notice by filing a motion for a stay of the earnings withholding notice in circuit court or requesting an investigation no later than 30 days after a copy of the withholding notice is mailed to the obligor under this section; and

(4) a statement of the amount of arrears apportioned to each payment that is to be included in the amount of earnings withheld under § 10-122 of this subtitle.

(d) The only issues that may be adjudicated at a hearing or contested in an investigation under subsection (c)(3) of this section are:

(1) whether an arrearage existed;

(2) the amount of the withholding or the amount of any arrearage;

(3) the identity of the obligor; or

(4) that the amount of the withholding notice exceeds the limits of the federal Consumer Credit Protection Act.

(e) (1) If an obligor requests an investigation, the Administration shall:

(i) conduct an investigation within 15 days after the obligor’s request; and

(ii) on completion of the investigation, notify the obligor of the results of the investigation and the obligor’s right to appeal the decision of the Administration to the Office of Administrative Hearings.

(2) An appeal under paragraph (1)(ii) of this subsection shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.
Md. Code, Criminal Law § 10-133 — MD Code / Article gcr / Title 10 / Subtitle 1 / Section 10-133
§10–133.
Status: in_force

(a) A person who violates § 10–132 of this part shall be issued a citation under this section.

(b) A citation for a violation of § 10–132 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 § 10–132 of this part.

(d) (1) Subject to paragraph (2) of this subsection, the form of citation issued to an adult for a violation of § 10–132 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 violation occurred;

(iv) the fine that may be imposed;

(v) a notice stating that prepayment of the fine is not allowed;

(vi) a notice that the District Court shall promptly send to the person charged a summons to appear for trial;

(vii) the signature of the person issuing the citation; and

(viii) 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 shall promptly 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 § 10–132 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 § 10–132 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 § 10–132 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 causes;

(2) the court shall apply the evidentiary standards as prescribed by law or rule for the trial of criminal causes;

(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, or 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 to pay:

(i) for a first violation, a fine not exceeding $500; or

(ii) for a second or subsequent violation, a fine not exceeding $1,000.

(2) The Chief Judge of the District Court may not establish a schedule for the prepayment of fines for a violation under § 10–132 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 § 10–132 of this part in which costs are imposed are $5.

(k) (1) A defendant who has been found guilty of a Code violation under § 10–132 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 § 10–132 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 § 10–132 of this part, the State’s Attorney may:

(i) enter a nolle prosequi in 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, Economic Development § 10-1108 — MD Code / Article gec / Title 10 / Subtitle 11 / Section 10-1108
§10–1108.
Status: in_force

(a) The Board shall appoint members of an advisory committee.

(b) The membership of the advisory committee shall be composed of members who are:

(1) required for the Corporation to qualify as a qualified community development entity under 26 U.S.C. § 45D(c)(1);

(2) residents of the State; and

(3) geographically representative of the locations of low–income communities in the State.

(c) The Board shall adopt policies establishing the responsibilities of the advisory committee.

(d) The advisory committee shall prioritize projects owned or operated by entities that have their principal place of business in the State when advising on investments made in low–income communities in the State.
Md. Code, Tax - Property § 10-207 — MD Code / Article gtp / Title 10 / Subtitle 2 / Section 10-207
§10–207.
Status: in_force

(a) To ensure payment of the county or municipal corporation property tax on personal property, the governing body of a county or of a municipal corporation may authorize, by law, a personal property tax liability fee payable by a business that:

(1) does not own any real property in the county or municipal corporation; and

(2) begins doing business in the county or municipal corporation or is conducting business and expands to a new location in the county or municipal corporation.

(b) The business shall pay the fee to the collector.

(c) The fee is credited toward the county or municipal corporation property tax.

(d) If the property tax liability fee is less than the property tax on personal property as finally determined, the business shall pay the remaining property tax due.
Md. Code, Public Safety § 10-102 — MD Code / Article gps / Title 10 / Subtitle 1 / Section 10-102
§10–102.
Status: in_force

(a) This title does not apply to:

(1) the sale, possession, or use of fireworks to or by the federal government or a state or a political subdivision of a state;

(2) the sale, possession, or use of a combustible or explosive preparation to or by an industrial or commercial business for use as a signal or otherwise in the normal course of business;

(3) the possession or use of a fusee, railroad torpedo, rocket, Very signal cartridge, or other signal device that is essential to and is kept and used to promote safety in the operation of a motor vehicle, boat, railroad, or aircraft;

(4) the use of a flare, signal pistol, or other equipment if used as a signal in an athletic contest or for a similar purpose; or

(5) subject to the terms and conditions of a permit issued by the State Fire Marshal under subsection (b) of this section, the sale, possession, or use of an explosive device or preparation with a slow-burning fuse rope to or by a farmer for controlling destructive animals.

(b) The State Fire Marshal or a State game warden as a representative of the State Fire Marshal may grant a nontransferable permit to a farmer to use an explosive device or preparation described under subsection (a)(5) of this section for controlling destructive animals.
Md. Code, Courts and Judicial Proceedings § 10-304 — MD Code / Article gcj / Title 10 / Subtitle 3 / Section 10-304
§10–304.
Status: in_force

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

(2) “Qualified medical person” means a person permitted to withdraw blood from a human.

(3) “Qualified person” means a person who has received training in the use of the equipment in a training program approved by the toxicologist in the Department of State Police Forensic Sciences Division and who is either a police officer, a police employee, or a person authorized by the toxicologist in the Department of State Police Forensic Sciences Division.

(b) (1) The test of breath shall be administered by a qualified person with equipment approved by the toxicologist in the Department of State Police Forensic Sciences Division at the direction of a police officer.

(2) The officer arresting the individual may not administer the test of breath.

(c) (1) (i) The blood shall be obtained by a qualified medical person using equipment approved by the toxicologist in the Department of State Police Forensic Sciences Division acting at the request of a police officer.

(ii) If a law enforcement officer testifies that the officer witnessed the taking of a blood specimen by a person who the officer reasonably believed was a qualified medical person, the officer’s testimony shall be sufficient evidence that the person was a qualified medical person and that the blood was obtained in compliance with this section, without testimony from the person who obtained the blood specimen.

(2) The test of blood shall be conducted by a qualified person using equipment approved by the toxicologist in the Department of State Police Forensic Sciences Division in a laboratory approved by the toxicologist.

(d) (1) For the purpose of establishing that the test of breath or blood was administered with equipment approved by the toxicologist in the Department of State Police Forensic Sciences Division, a statement signed by the toxicologist certifying that the equipment used in the test has been approved by him shall be prima facie evidence of the approval, and the statement is admissible in evidence without the necessity of the toxicologist personally appearing in court.

(2) (i) If a defendant desires the toxicologist to be present and testify at trial as a witness, the defendant shall file a request for a subpoena for the toxicologist at least 20 days before the trial in the appropriate court.

(ii) If the District Court is deprived of jurisdiction under circumstances in which a defendant is entitled to and demands a jury trial, or appeals from the District Court to the circuit court, another subpoena must be filed at least 20 days before the trial in the circuit court.

(iii) If a trial date is postponed for any reason beyond 30 days from the trial date for which the subpoena was issued, the defendant shall file a new subpoena for the toxicologist.

(iv) In addition to the requirements of Maryland Rules 4–265 and 4–266, the subpoena shall contain the name, address, and telephone number of the defendant or the defendant’s attorney.

(3) A subpoena for the toxicologist may be quashed if a defendant fails to comply with the requirements of this subsection.

(4) A motion to quash a defendant’s subpoena may be filed by any party or by the Attorney General.

(e) The person tested is permitted to have a physician of the person’s own choosing administer tests in addition to the one administered at the direction of the police officer, and in the event no test is offered or requested by the police officer, the person may request, and the officer shall have administered, one or more of the tests provided for in this section.

(f) Nothing in this section precludes the right to introduce any other competent evidence bearing upon the date of the certificate or change in the equipment since the date of the certificate.
Md. Code, Criminal Procedure § 10-401 — MD Code / Article gcp / Title 10 / Subtitle 4 / Section 10-401
§10–401.
Status: in_force

§10–401. IN EFFECT

The Maryland Judiciary Case Search may not in any way refer to the existence of records of a charge in a case with electronic records if the charge resulted in:

(1) acquittal;

(2) dismissal; or

(3) nolle prosequi, except nolle prosequi with the requirement of drug or alcohol treatment.

§10–401. ** TAKES EFFECT JANUARY 31, 2026 PER CHAPTER 95 OF 2025 **

(a) The Maryland Judiciary Case Search may not in any way refer to the existence of records of a charge in a case with electronic records if the charge resulted in:

(1) acquittal;

(2) dismissal;

(3) nolle prosequi; or

(4) the court marking the charge stet on the docket at least 3 years previously.

(b) The Maryland Judiciary Case Search may not in any way refer to the existence of records of a charge of possession of cannabis in a case with electronic records if the charge resulted in a conviction that was later pardoned by the Governor.
Md. Code, Tax - Property § 10-202 — MD Code / Article gtp / Title 10 / Subtitle 2 / Section 10-202
§10–202.
Status: in_force

(a) (1) In this subsection, “staged–development zoning classification” includes M–A–C, L–A–C, E–I–A, I–3, and other similar comprehensive design or staged–development zoning classifications.

(2) Except as provided in paragraph (3) of this subsection and notwithstanding Subtitle 1 of this title, the governing body of Prince George’s County may authorize by law a payment deferral of the county property tax for the owner of undeveloped land that is rezoned for industrial or commercial use under a staged–development zoning classification if:

(i) the industrial or commercial land in the proposed development is at least 25 acres;

(ii) as determined by the supervisor, the county property tax deferred for each taxable year does not exceed the county property tax on any increase in assessment that would otherwise result directly from the change in zoning classification to industrial or commercial use; and

(iii) the deferred payment of county property tax is not for land in the proposed development that is zoned for other than industrial or commercial use.

(3) The governing body of Prince George’s County may not authorize a payment deferral for county property tax for real property located in a development district established under Title 12, Subtitle 2 of the Economic Development Article.

(b) (1) A payment deferral under this section begins on the effective date of the later of:

(i) the Prince George’s County law authorizing the payment deferral; or

(ii) the change in zoning.

(2) The payment deferral under this section does not apply to any taxable year before the effective date under paragraph (1)(i) of this subsection.

(c) (1) The payment deferral under this section may not be authorized for more than 5 years and ends when:

(i) a building permit is issued to construct a building on the land subject to this section; or

(ii) except as provided in paragraph (2) of this subsection, the land subject to this section is rezoned at the request of the owner to a zoning classification that makes the land ineligible for county property tax deferral under this section.

(2) If a permit is issued to construct a building on any land that is subject to this section and the remainder of the land meets the acreage requirements of subsection (a)(2)(i) of this section, the county property tax may be deferred on the remainder of the land.

(d) The county property tax that is deferred under this section, and any interest specified in the law authorizing the deferral, are due on the earlier of:

(1) 5 years from the deferral; or

(2) when the deferral ends under subsection (c)(1) of this section.
Md. Code, Business Regulation § 10-323 — MD Code / Article gbr / Title 10 / Subtitle 3 / Section 10-323
§10–323.
Status: in_force

(a) A common carrier, contract carrier, manufacturer, refiner, special fuel seller, wholesaler of motor fuel, or person who buys motor fuel in bulk for resale in bulk who is engaged in the transportation of motor fuel may not willfully adulterate or commingle:

(1) gasoline with special fuel; or

(2) gasoline by brand or grade.

(b) Except for motor fuel intended for its own use, a petroleum transporter may not place an additive in motor fuel.

(c) This section does not prohibit the adulteration or commingling of gasoline that occurs as a result of transit through a pipeline system.
Md. Code, Economic Development § 10-4A-22 — MD Code / Article gec / Title 10 / Subtitle 4A / Section 10-4A-22
§10–4A–22.
Status: in_force

(a) Each venture firm shall be required to make equity investments in an amount not less than 50% of the capital allocated to qualified businesses within 3 years of each capital allocation.

(b) In regards to venture firms that have received an allocation before June 1, 2019, the requirements of subsection (a) of this section shall apply as of June 1, 2019.

(c) In the event that a venture firm fails to meet the requirements of subsection (a) of this section, the Corporation shall:

(1) rescind the allocation and authorization for that firm from the date of noncompliance with subsection (a) of this section and remove that firm’s certification for participation in the program;

(2) cease making the payment of management and other fees to the venture fund from the date of noncompliance with subsection (a) of this section; and

(3) consult and coordinate with the Office of the Attorney General for the recovery of any funds, as may be necessary.
Md. Code, Tax - Property § 10-205 — MD Code / Article gtp / Title 10 / Subtitle 2 / Section 10-205
§10–205.
Status: in_force

(a) (1) Subject to paragraph (3) of this subsection, the governing body of a county or municipal corporation may authorize, by law, advance payment of county, municipal corporation, or special taxing district property tax.

(2) Subject to paragraph (3) of this subsection and in accordance with § 10–208 of this subtitle, the governing body of a county or municipal corporation may authorize the advance payment to be paid on an installment payment schedule.

(3) (i) The governing body of a county may authorize advance payment or an installment payment schedule for:

1. county property tax collected by the county;

2. municipal corporation property tax collected by the county at the request of the governing body of the municipal corporation; or

3. special taxing district property tax collected by the county at the request of the special taxing district.

(ii) The governing body of a municipal corporation may authorize advance payment or an installment payment schedule for municipal corporation property taxes collected by the municipal corporation.

(iii) The governing body of a county or municipal corporation may not authorize advance payment or an installment payment schedule for property taxes imposed on real property that is subject to a deed of trust, a mortgage, or any other encumbrance that includes the escrowing of property tax payments.

(b) The advance payment is calculated by applying the current county property tax rate to the assessment of the taxpayer’s property for the prior year.

(c) If the advance payment is less than the county, municipal corporation, or special taxing district property tax as finally determined, the collector shall send a bill to the taxpayer for the difference.

(d) (1) The law authorizing advance payment may allow interest on the advance payment.

(2) The interest may not exceed any discounts allowed by law.
Md. Code, Economic Development § 10-461 — MD Code / Article gec / Title 10 / Subtitle 4 / Section 10-461
§10–461.
Status: in_force

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

(2) “Eligible institution” means Bowie State University, Frostburg State University, and any other public or private nonprofit institution of higher education deemed eligible by the Initiative.

(3) “Program” means the Maryland Innovation Initiative Institution Partnership Extension Program.

(b) (1) There is a Maryland Innovation Initiative Institution Partnership Extension Program.

(2) The purpose of the Program is to expand opportunities for technology validation, entrepreneurial development, and industry engagement at eligible institutions.

(c) (1) The Initiative shall implement and administer the Program.

(2) The Initiative shall collaborate with an eligible institution to identify and support industry partnerships and commercialization opportunities.

(3) The Initiative may explore opportunities for expanding eligibility to other public or private nonprofit institutions of higher education.

(d) (1) Only an eligible institution may submit project proposals for funding under the Program.

(2) To qualify for a grant under the Program, a project proposal must:

(i) support the creation of a new technology–based business in Maryland;

(ii) advance technology toward commercialization of a product or service;

(iii) foster entrepreneurial development at the eligible institution;

(iv) create an opportunity for meaningful economic impact in the region around the eligible institution; or

(v) foster collaboration between the eligible institution and an industry partner, including:

1. product development with commercialization potential; and

2. matching funds provided by the industry partner.

(e) (1) The Initiative shall develop criteria to review, evaluate, and rate project proposals for funding under the Program.

(2) The Executive Director shall distribute grants to projects based on the criteria developed in accordance with paragraph (1) of this subsection.

(3) An eligible institution shall provide a cash match equivalent to 10% of the amount awarded under paragraph (2) of this subsection.

(f) (1) For fiscal years 2027 and 2028, the Governor may include in the annual budget bill an appropriation of $250,000 for the Program.

(2) The funding provided in this subsection shall be used to supplement, not supplant, any funds that would otherwise be provided to the Initiative.

(g) In addition to information on the Initiative included in the annual report of the Corporation under § 10–415 of this subtitle:

(1) on or before January 1, 2026, the Corporation shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on similar programs in neighboring states and the potential economic benefits and costs of expanding the Initiative to all public and private nonprofit institutions of higher education operating in the State; and

(2) on or before July 1, 2028, the Corporation shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the implementation of the Program.
Md. Code, Tax - General § 10-701.1 — MD Code / Article gtg / Title 10 / Subtitle 7 / Section 10-701.1
§10–701.
Status: in_force

§10–701.1.

A member of a pass–through entity may claim a credit against the income tax for a taxable year in the amount of tax paid by a pass–through entity under § 10–102.1 of this title that is attributable to the member’s share of the pass–through entity’s taxable income, as defined in § 10–102.1(a)(8) of this title.
Md. Code, Real Property § 10-707 — MD Code / Article grp / Title 10 / Subtitle 7 / Section 10-707
§10–707.
Status: in_force

(a) (1) This section applies only to the sale of residential real property in Cecil County.

(2) This section does not apply to:

(i) A sale of property to a purchaser who does not intend to occupy the property; or

(ii) A sale in an action to foreclose a mortgage, deed of trust, or other lien.

(b) The vendor of property that is subject to a tax of a special taxing district as authorized in §§ 21–503, 21–504, and 21–519 through 21–523 of the Local Government Article may not enforce a contract for the sale of the property unless:

(1) The purchaser of the property is provided with the following information in writing on or before entering into the contract for the sale of the property:

(i) A description of the area included within the special taxing district;

(ii) The maximum amount of bonds and other obligations to be issued with respect to the special taxing district;

(iii) A description of the purposes for which the special taxing district was created, and for which the bonds or other obligations have been issued, including a description of any improvements;

(iv) The amount of special taxes levied on the property for the most recent year or, if taxes were not levied on the property for the most recent year, a good–faith estimate of the annual tax that will be levied on the property;

(v) The maximum amount of special taxes that may be levied on the property in a year;

(vi) The projected time period over which any bonds or obligations issued in connection with the special taxing district are to be repaid; and

(vii) A description of the purchaser’s right to fully prepay the special taxing district obligations; and

(2) The contract for the sale of the property contains a notice, written in conspicuous, bold, and underscored type, that is substantially the same as the following:

“NOTICE REQUIRED BY MARYLAND LAW

The property that is the subject of this contract is located within a special taxing district, which has been created for the purpose of financing or refinancing the costs related to certain infrastructure improvements within the taxing district. These costs will be repaid from the proceeds of special taxes collected from the owners of properties located within the special taxing district.

State law requires that the seller disclose to you, at or before the time you enter into this contract, the following information: (1) a description of the area included within the special taxing district, (2) the maximum amount of bonds and other obligations to be issued with respect to the special taxing district, (3) a description of the purposes for which the special taxing district was created, and for which the bonds or other obligations have been issued, including a description of any infrastructure improvements, (4) the amount of special taxes levied on the property for the most recent year or, if taxes were not levied on the property for the most recent year, a good–faith estimate of the annual tax that will be levied on the property, (5) the maximum amount of special taxes that may be levied on the property in a year, (6) the projected time period over which any bonds or obligations issued in connection with the special taxing district are to be repaid, and (7) your right as the prospective owner of the property to fully prepay the special taxing district obligations with respect to the property.

You have 20 calendar days from the date you receive the above information relating to the special taxing district to cancel this contract by sending a written notice of cancellation to the seller. You are not required to state a reason for cancelling the contract. Upon cancellation of the contract, you are entitled to a refund of any deposit you may have made under this contract.

A seller may not require that you waive your right to receive the information relating to the special taxing district or your right to cancel the contract within 20 calendar days of receipt of the information. A seller may not require that you close the sale under this contract within 20 calendar days from the date you receive the information relating to the special taxing district.

State law provides that any seller who, in disclosing the information relating to the special taxing district, makes any false statement of a material fact or omits a material fact that, in light of the circumstances under which the statements were made, is necessary to make the statements not misleading is liable to the purchaser for damages proximately caused by the seller’s false or omitted statement. Any action for damages caused by the seller’s false statement or omission of a material fact must be brought within 1 year from the date of closing under this contract.

You should carefully review the information relating to the special taxing district provided by the seller to familiarize yourself with your rights and obligations as a prospective owner of property located within the special taxing district.”

(c) (1) The requirements of subsection (b)(1) of this section shall be deemed fulfilled if the information required to be provided to the purchaser is provided to the purchaser in writing, in a clear and concise manner.

(2) A vendor may provide the purchaser with the information required under subsection (b)(1) of this section by providing the purchaser with a collection of documents if the documents convey the information required under subsection (b)(1) of this section in a clear and concise manner.

(3) In satisfying the requirements of subsection (b)(1) of this section, the vendor may rely on any document that, in connection with the creation of the special taxing district, was filed by the owner of the property in the land records of the county in which the property is located.

(d) (1) A purchaser under a contract for the sale of property that is subject to this section may cancel the contract within 20 calendar days of receiving the information under subsection (b)(1) of this section by delivering written notice of cancellation to the vendor.

(2) Unless the purchaser consents to an earlier settlement date, the settlement of a contract for the sale of property that is subject to this section may not take place within 20 calendar days from the date the purchaser receives the information required under subsection (b)(1) of this section.

(3) Notice under paragraph (1) of this subsection shall be delivered by:

(i) Hand–delivery; or

(ii) First–class mail.

(4) On cancellation of a contract for the purchase of property under paragraph (1) of this subsection, the vendor shall refund to the purchaser any deposits paid by, or on behalf of, the purchaser under the cancelled contract.

(e) (1) Any vendor that, in providing the purchaser with the information required under subsection (b)(1) of this section, makes any false statement of a material fact or omits a material fact that, in light of the circumstances under which the statements were made, is necessary to make the statements not misleading is liable to the purchaser for damages proximately caused by the vendor’s false or omitted statement.

(2) An action brought under paragraph (1) of this subsection must be brought within 1 year from the date of settlement of the contract of sale.
Md. Code, Natural Resources § 10-1103 — MD Code / Article gnr / Title 10 / Subtitle 11 / Section 10-1103
§10–1103.
Status: in_force

If any Natural Resources police officer or any law enforcement officer has probable cause to believe that any person possesses any bird, mammal, amphibian, or reptile or any device in violation of this title, the officer shall go before any District Court judge of the county in which the species of wildlife or device is believed to be and make affidavit to that fact. If the judge finds the affidavit legally sufficient, the judge shall issue a search warrant against the person complained of, directed to the officer making the affidavit, commanding the officer to proceed at once and search for the bird, mammal, amphibian, or reptile or the device and, upon finding it, to seize, take possession, and keep it until further order by the judge. The warrant shall be executed pursuant to the Maryland Rules. The warrant shall be returned within 5 days from the issuing date or within a shorter period of time set forth in the search warrant.
Md. Code, Human Services § 10-434 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-434
§10–434.
Status: in_force

(a) Within 15 days after the notice required under § 10–433(a)(2) of this subtitle is given, subscribers may submit to the existing provider, any proposed new provider, and the Department written questions and comments about the proposed sale or transfer.

(b) (1) Within 25 days after the notice required under § 10–433(a)(2) of this subtitle is given, representatives of the existing provider and any proposed new provider shall hold a meeting with not more than 15 representatives chosen by the subscribers of the affected facility to discuss the proposed sale or transfer.

(2) The subscriber representatives shall give their names and addresses to the existing provider, any proposed new provider, and the Department.

(3) Representatives of the Department may attend the meeting.

(c) Within 10 days after the meeting required under subsection (b) of this section, subscribers may submit to the existing provider, any proposed new provider, and the Department additional written comments about the proposed sale or transfer.
Md. Code, Natural Resources § 10-908 — MD Code / Article gnr / Title 10 / Subtitle 9 / Section 10-908
§10–908.
Status: in_force

(a) Any properly accredited person desiring to assist the Department in the control of wildlife injurious to agriculture or other interests, or to provide care and treatment of sick or injured wildlife for rehabilitation and release back to the wild, shall first obtain a wildlife damage control permit from the Secretary.

(b) (1) The Secretary may issue a wildlife damage control permit, on the payment of a reasonable fee, to a person who:

(i) Has adequate training in the capture, handling, and care of wildlife; and

(ii) Owns or leases facilities demonstrated to be of sufficient size and design to properly maintain the permitted wildlife in captivity.

(2) The Secretary may adopt regulations governing the issuance, revocation, terms, and conditions of the permit.

(c) The Secretary may designate in the permit the species and numbers of wildlife authorized to be possessed and the disposition of the wildlife.
Md. Code, Human Services § 10-402 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-402
§10–402.
Status: in_force

(a) (1) A continuing care at home provider is subject to each provision of this subtitle except Part II and §§ 10–446 and 10–448.

(2) A continuing care in a retirement community provider is subject to each provision of this subtitle except Part VI.

(b) (1) A continuing care operation that is subject to the provisions of this subtitle is not subject to:

(i) the Maryland Health Maintenance Organization Act under Title 19, Subtitle 7 of the Health – General Article;

(ii) except for § 15–603 of the Insurance Article, the Insurance Article;

(iii) Title 8 of the Real Property Article;

(iv) any county or municipal landlord–tenant law; or

(v) § 19–310.1 of the Health – General Article.

(2) If a provider contractually utilizes the services of a licensed home health agency or residential service agency and is not itself directly providing the type of services provided by a home health agency or residential service agency, the provider is not subject to Title 19, Subtitles 4 and 4A of the Health – General Article.

(3) Except as provided in paragraphs (1) and (2) of this subsection, a continuing care at home provider is subject to all other applicable licensing or certification requirements of State law.

(c) This subtitle does not apply to an agreement that is regulated as insurance under the Insurance Article.

(d) A provider that offers assisted living program services as part of a continuum of care in accordance with a continuing care agreement may:

(1) execute a separate assisted living resident agreement and a separate assisted living disclosure statement; or

(2) meet the requirements of §§ 10–425(c) and 10–444(e) of this subtitle.

(e) The liability of a provider to the Maryland Department of Health under § 15–603 of the Insurance Article shall be limited to the amount of the refund that would be due to the subscriber if the subscriber were dismissed under § 10–448 of this subtitle at the time of enrollment in services provided by or paid wholly or partly by the Maryland Department of Health.
Md. Code, Health - General § 10-424 — MD Code / Article ghg / Title 10 / Subtitle 4 / Section 10-424
§10–424.
Status: in_force

The Center shall:

(1) Be maintained as a State facility for psychiatric research;

(2) Direct its programs toward prevention, discovery of causes, and treatment of mental disorders and allied conditions; and

(3) Perform the research programs under the written agreements that the Department and the Department of Psychiatry make.
Md. Code, Courts and Judicial Proceedings § 10-709 — MD Code / Article gcj / Title 10 / Subtitle 7 / Section 10-709
§10–709.
Status: in_force

This subtitle may be cited as the Maryland Uniform Foreign Money-Judgments Recognition Act.
Md. Code, Agriculture § 10-1504 — MD Code / Article gag / Title 10 / Subtitle 15 / Section 10-1504
§10–1504.
Status: in_force

(a) To be eligible for credits under this subtitle, an ethanol or biodiesel producer shall apply to the Board for certification on an application provided by the Board.

(b) An applicant shall show in the application to the satisfaction of the Board:

(1) That the applicant will construct or operate a facility capable of producing ethanol or biodiesel;

(2) That the applicant will invest or has invested substantial resources in the State in connection with the facility;

(3) That the facility will constitute a permanent fixture in the State;

(4) For an ethanol production facility, information demonstrating:

(i) The production capacity of the facility; and

(ii) The quantity and availability of small grains and other suitable agricultural products in the vicinity of the production facility that may be used by the facility;

(5) For a biodiesel production facility, information demonstrating:

(i) The production capacity of the facility; and

(ii) The quantity and availability of soybean oil and other suitable bio-based oils in the vicinity of the production facility that may be used by the facility;

(6) Information demonstrating:

(i) The availability and cost of energy sufficient to operate the facility;

(ii) The availability of sufficient water and waste disposal systems for the facility;

(iii) The availability of sufficient labor and a qualified site manager for the facility; and

(iv) That the facility will meet all State and federal environmental standards;

(7) Any proposed marketing agreements for the ethanol or biodiesel products;

(8) A plan to give farmers in the State the opportunity to invest in the facility; and

(9) That the applicant will meet any other requirement established by the Board.

(c) The Board shall:

(1) Review each application submitted under this subtitle;

(2) Approve or deny the application within 60 days of receipt of the application; and

(3) For an approved application, certify the producer as eligible for a credit in an amount that is:

(i) Based on the production capacity of the facility, as determined by the Board; and

(ii) Consistent with subsection (d) of this section.

(d) (1) The Board may not certify ethanol production credits for more than a total of 15,000,000 gallons per calendar year, of which at least 10,000,000 gallons shall be produced from small grains.

(2) The Board may not certify biodiesel production credits for more than a total of 5,000,000 gallons per calendar year, of which at least 2,000,000 gallons shall be from soybean oil produced:

(i) In a facility that began operating after December 31, 2004; or

(ii) Under the expanded capacity of a facility, the expansion of which occurred after December 31, 2004.

(e) (1) If eligible, a producer may apply to the Board for certification for additional credits if the producer increases the production capacity of the facility.

(2) If a facility does not achieve its certified production capacity for 2 consecutive years, the Board may revise the stated production capacity of the facility and the corresponding credit certification of the producer to reflect actual production.

(f) An application submitted to the Board under this section is not subject to disclosure under the Maryland Public Information Act.
Md. Code, Economic Development § 10-657.2 — MD Code / Article gec / Title 10 / Subtitle 6 / Section 10-657.2
§10–657.
Status: in_force

§10–657.2.

(a) There is a Racing and Community Development Financing Fund.

(b) (1) The Racing and Community Development Financing Fund is a continuing, nonlapsing fund that shall be available in perpetuity to implement this subtitle concerning racing and community development projects.

(2) The Authority shall:

(i) use the Racing and Community Development Financing Fund as a revolving fund for implementing this subtitle relating to racing and community development projects; and

(ii) pay any and all expenses from the Racing and Community Development Financing Fund that are incurred by the Authority, or otherwise specifically approved by the Authority, concerning racing and community development projects.

(c) (1) To the extent considered appropriate by the Authority, the receipts of the Racing and Community Development Financing Fund shall be pledged to and charged with the following relating to racing and community development projects:

(i) the payment of debt service on Authority bonds;

(ii) all reasonable charges and expenses related to Authority borrowing; and

(iii) the management of Authority obligations.

(2) The pledge shall be effective in the same manner as provided in § 10–634 of this subtitle.

(d) The Racing and Community Development Financing Fund consists of:

(1) funds appropriated for deposit to the Racing and Community Development Financing Fund;

(2) proceeds from the sale of bonds concerning racing and community development projects;

(3) revenues collected or received from any source under this subtitle concerning racing and community development projects;

(4) investment and interest earnings;

(5) money paid to the Racing and Community Development Financing Fund under § 9–120 of the State Government Article; and

(6) any additional money made available from any public or private sources for the purposes established for the Racing and Community Development Financing Fund.

(e) (1) The State Treasurer shall invest the money of the Racing and Community Development Financing Fund in the same manner as other State funds.

(2) Any investment or interest earnings shall be credited to the Racing and Community Development Financing Fund.

(3) No part of the Racing and Community Development Financing Fund may revert or be credited to the General Fund of the State or any special fund of the State.
Md. Code, Economic Development § 10-109 — MD Code / Article gec / Title 10 / Subtitle 1 / Section 10-109
§10–109.
Status: in_force

(a) (1) Subject to the approval of the Governor, the Board shall appoint an Executive Director.

(2) The Executive Director serves at the pleasure of the Board.

(3) The Board shall determine the salary of the Executive Director.

(b) (1) The Executive Director is the chief administrative officer of the Corporation.

(2) The Executive Director shall manage the administrative affairs and technical activities of the Corporation in accordance with policies and procedures that the Board establishes.

(c) The Executive Director, or the Executive Director’s designee, shall:

(1) attend all meetings of the Board;

(2) act as secretary of the Board;

(3) keep minutes of all proceedings of the Board;

(4) approve all salaries, per diem payments, and allowable expenses of the Corporation, its employees, and its consultants;

(5) approve any expenses incidental to the operation of the Corporation; and

(6) perform the other duties that the Board directs in carrying out this subtitle.
Md. Code, Economic Development § 10-315 — MD Code / Article gec / Title 10 / Subtitle 3 / Section 10-315
§10–315.
Status: in_force

(a) The Authority may:

(1) (i) acquire, directly or through a participating institution acting as its agent, by purchase, gift, or devise, any property, franchises, and other interests in land, including submerged land and riparian rights, located in or outside the State, as necessary or convenient to construct, acquire, or operate a project, on terms and at prices the Authority considers reasonable; and

(ii) take title to the property in the name of the Authority or the participating institution as its designated agent;

(2) determine the location and character of a project to be financed under this subtitle, or designate a participating institution as its agent to do so;

(3) directly, or through a participating institution acting as its designated agent, acquire, improve, maintain, operate, lease as lessee or lessor, and regulate a project, and enter into contracts for any of these purposes and for the management of a project;

(4) fix and collect rates, rentals, fees, and charges for services and facilities that a project provides or makes available;

(5) directly, or through a participating institution acting as its designated agent, establish rules and regulations for the use of a project;

(6) mortgage, pledge, or otherwise encumber a project and its site or hold a mortgage or other encumbrance on a project and its site for the benefit of the holders of bonds issued to finance the project; and

(7) make a loan to a participating institution to:

(i) improve or acquire a project in accordance with an agreement between the Authority and the participating institution;

(ii) refinance any part of a project; and

(iii) refund or repay bonds, mortgages, advances, loans, or other obligations of the participating institution to the Authority, any person, or any unit of federal, State, or local government incurred to finance any part of a project.

(b) The Authority may undertake a joint project for two or more participating institutions.

(c) A loan from the Authority to a participating institution under subsection (a)(7)(i) of this section may not exceed the total cost of the project as determined by the participating institution and approved by the Authority.
Md. Code, Natural Resources § 10-905 — MD Code / Article gnr / Title 10 / Subtitle 9 / Section 10-905
§10–905.
Status: in_force

(a) (1) On payment of a reasonable fee, the Secretary may issue a game husbandry license to any person who desires to raise, breed, protect, or sell game birds or mammals.

(2) The license shall expire on December 31 after the date of issuance and may be revoked at any time for noncompliance with the license’s terms and conditions.

(3) The license shall specify:

(i) The species of game birds and mammals which may be bred, raised, protected, or sold and for what purpose;

(ii) The type of fencing or other requirements necessary to prevent undesirable mixing of native wildlife and the captive game birds or mammals; and

(iii) Any other condition necessary to ensure adequate protection of native wildlife.

(b) (1) If any game bird or mammal raised in captivity is shipped or removed from the licensee’s premises, the game bird or mammal must be properly identified until prepared for final consumption or disposition.

(2) Any game bird or mammal moved within the State shall be accompanied by an itemized bill of sale from the licensee.

(3) Any game bird or mammal shipped out-of-state shall have a bill of lading attached to the shipping carton, crate, or other container.

(c) Each licensee shall keep a ledger of any game bird or mammal raised, the number killed, and the number sold dead or alive. The licensee shall allow the Department:

(1) To enter and inspect at any reasonable hour the premises where operations are carried on; and

(2) To inspect the records.

(d) The Secretary may prescribe, by regulation, the conditions under which a person may possess and sell game birds and mammals intended for human consumption which have been purchased from a licensed game breeder.
Md. Code, Human Services § 10-438 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-438
§10–438.
Status: in_force

(a) (1) After reviewing the information required by § 10-437 of this subtitle, the Department shall determine whether the sale, transfer, or other disposition satisfies the standard for approval set forth in subsection (b) of this section.

(2) The Department shall make its determination and notify the provider in writing within 25 days after the date of the notice required by § 10-437(a)(2) of this subtitle, unless extended by the Department for good cause.

(3) If the Department does not approve the proposed sale, transfer, or other disposition, the Department shall include the reasons for its determination in the written notice to the provider.

(b) The Department shall approve the sale, transfer, or other disposition of assets unless it determines that the sale, transfer, or disposition 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 its obligations under its continuing care agreements.

(c) (1) By regulation, the Department shall adopt reasonable objective financial standards for a proposed sale, transfer, or other disposition of assets.

(2) If the Department determines that the provider has met the objective financial standards, the Department shall approve the proposed sale, transfer, or other disposition of assets.

(3) If the Department determines that the provider has not met the objective financial standards, the Department may approve a proposed sale, transfer, or other disposition of assets if it satisfies the requirements set forth in subsection (b) of this section.

(d) (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, transfer, or other disposition of assets.

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

(e) A sale, transfer, or other disposition of assets subject to this part may not be completed until 5 days after the later of:

(1) the day the Department issues the notice required under subsection (a)(2) of this section of its decision to approve the sale, transfer, or other disposition; or

(2) if an appeal is taken under subsection (d) of this section, the day the administrative law judge issues a decision to allow the sale, transfer, or other disposition of assets.
Md. Code, Family Law § 10-140 — MD Code / Article gfl / Title 10 / Subtitle 1 / Section 10-140
§10–140.
Status: in_force

(a) (1) Unpaid child support, due under an order requiring payments through a support enforcement agency, constitutes a lien in favor of the obligee on all real and personal property of the obligor.

(2) The Administration shall notify the obligor and obligee of any child support lien established under paragraph (1) of this subsection.

(b) A child support lien established under subsection (a) of this section arises on the date of notice that the support is due and continues to the date on which the child support lien is:

(1) satisfied;

(2) released by the Administration because the child support lien is:

(i) unenforceable; or

(ii) uncollectible; or

(3) released by order of the court.
Md. Code, Economic Development § 10-821.1 — MD Code / Article gec / Title 10 / Subtitle 8 / Section 10-821.1
§10–821.
Status: in_force

§10–821.1.

(a) The Center may enter into financing transactions with, on behalf of, or for the benefit of any State agency for the purposes of a project on State–owned or State–leased property.

(b) Financing under this section:

(1) may be in any form, including bonds, loans, grants, energy performance contracts, shared energy savings contracts, participation agreements, lease agreements, and reimbursement agreements; but

(2) may not pledge the faith and credit of the State.

(c) The Department of General Services and the Department of Budget and Management shall work with the Center to ensure that financing transactions under this section are efficient and cost–effective for the State.
Md. Code, Health Occupations § 10-206 — MD Code / Article gho / Title 10 / Subtitle 2 / Section 10-206
§10–206.
Status: reserved

(a) There is a State Board of Occupational Therapy Practice Fund.

(b) (1) The Board may set reasonable fees for the issuance and renewal of licenses and its other services.

(2) The fees charged shall be set so as to approximate the cost of maintaining the Board.

(3) Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.

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

(2) The Comptroller shall distribute the fees to the State Board of Occupational Therapy Practice Fund.

(d) (1) The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this article.

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

(3) Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this article.

(4) No other State money may be used to support the Fund.

(e) (1) A designee of the Board shall administer the Fund.

(2) Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.

(f) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
Md. Code, Economic Development § 10-634 — MD Code / Article gec / Title 10 / Subtitle 6 / Section 10-634
§10–634.
Status: in_force

(a) A pledge by the Authority of revenues or money deposited in the Baltimore City Public School Construction Financing Fund or the Supplemental Public School Construction Financing Fund as security for an issue of bonds is valid and binding from when the pledge is made.

(b) (1) The revenues or money deposited in the Baltimore City Public School Construction Financing Fund or the Supplemental Public School Construction Financing Fund that are pledged are immediately subject to the lien of the pledge without any physical delivery or further act.

(2) The lien of any pledge is valid and binding against any person having a claim against the Authority in tort, contract, or otherwise, regardless of whether the person has notice of the lien.

(c) Notwithstanding any other provision of law, in order to perfect a lien on pledged revenues or money deposited in the Baltimore City Public School Construction Financing Fund or the Supplemental Public School Construction Financing Fund against a third person, it is not necessary to file or record any document adopted or entered into by the Authority in any public record other than in the records of the Authority.
Md. Code, Courts and Judicial Proceedings § 10-1103 — MD Code / Article gcj / Title 10 / Subtitle 11 / Section 10-1103
§10–1103.
Status: in_force

(a) This section does not apply to a claim described under § 10–1104 of this subtitle.

(b) A claimant may obtain the documentation described in § 10–1102 of this subtitle if the claimant provides in writing to the insurer:

(1) The date of the alleged tort;

(2) The name and last known address of the alleged tortfeasor;

(3) A copy of any vehicle accident report, police report, or other official report concerning the alleged tort, if available;

(4) The insurer’s claim number, if available; and

(5) A letter from an attorney admitted to practice law in the State certifying that:

(i) The attorney has made reasonable efforts to investigate the underlying facts of the claim; and

(ii) Based on the attorney’s investigation, the attorney reasonably believes that the claim is not frivolous.
Md. Code, Business Regulation § 10-411 — MD Code / Article gbr / Title 10 / Subtitle 4 / Section 10-411
§10–411.
Status: in_force

A person who violates this subtitle is guilty of a misdemeanor and, on conviction, is subject to a fine not exceeding $1,000 for each violation.
Md. Code, Corporations and Associations § 10-7A-03 — MD Code / Article gca / Title 10 / Subtitle 7A / Section 10-7A-03
§10–7A–03.
Status: in_force

(a) In this section, “facts ascertainable outside the articles of conversion” includes:

(1) An action or a determination by any person, including:

(i) The limited partnership or other entity, as applicable;

(ii) The partners, members, directors, trustees, officers, or other agents of the limited partnership or other entity; and

(iii) Any other person affiliated with the limited partnership or other entity; and

(2) Any other event.

(b) Articles of conversion shall be filed for record with the Department.

(c) In a conversion of a limited partnership to an other entity, the articles of conversion shall set forth:

(1) The name of the limited partnership and the date of filing of its original certificate of limited partnership with the Department;

(2) The name of the other entity to which the limited partnership will be converted and the place of incorporation or organization of the other entity;

(3) A statement that the conversion has been approved in accordance with the provisions of this subtitle;

(4) The manner and basis of converting or exchanging partnership interests in the limited partnership into shares of stock, membership interests, partnership interests, beneficial interests, or other ownership interests of the other entity, or other consideration, and the treatment of any partnership interests not to be converted or exchanged, any of which may be made dependent on facts ascertainable outside the articles of conversion;

(5) If the other entity is not organized under the laws of this State:

(i) The location of the principal office in the place where it is organized; and

(ii) The name and address of the resident agent in this State; and

(6) Any other provision necessary to effect the conversion.

(d) In a conversion of an other entity to a limited partnership, the articles of conversion shall set forth:

(1) The name of the other entity, the date on which the other entity was first created, and the place of incorporation or organization of the other entity;

(2) The name of the limited partnership to which the other entity will be converted;

(3) A statement that the conversion has been approved in accordance with the provisions of this subtitle;

(4) The manner and basis of converting or exchanging any outstanding shares of stock, membership interests, partnership interests, beneficial interests, or other ownership interests of the other entity into partnership interests in the limited partnership or other consideration, and the treatment of any outstanding shares of stock, membership interests, partnership interests, beneficial interests, or other ownership interests not to be converted or exchanged, any of which may be made dependent on facts ascertainable outside the articles of conversion; and

(5) Any other provision necessary to effect the conversion.

(e) The articles of conversion may contain a future effective time for the articles of conversion that is not later than 30 days after the articles of conversion are accepted for record.
Md. Code, Public Utilities § 10-501 — MD Code / Article gpu / Title 10 / Subtitle 5 / Section 10-501
§10–501.
Status: in_force

(a) A person may not transport, solicit for transport, or agree to transport any person or baggage in a motor vehicle for hire unless the operator of the motor vehicle is licensed by the Commission.

(b) A person who owns or is in charge of a motor vehicle may not allow the motor vehicle to be used in violation of this section, § 10–109, or § 10–209 of this title.
Md. Code, Local Government § 10-202 — MD Code / Article glg / Title 10 / Subtitle 2 / Section 10-202
§10–202.
Status: in_force

(a) A county may enact local laws and may repeal or amend any local law enacted by the General Assembly on any matter covered by the express powers in this title.

(b) A county may provide for the enforcement of an ordinance, a resolution, a bylaw, or a regulation adopted under this title:

(1) by civil fines not exceeding $5,000; or

(2) by criminal fines and penalties not exceeding $5,000 and imprisonment not exceeding 6 months.

(c) A county may provide for the enforcement of local fair housing laws by fines or penalties that do not exceed the fines or penalties provided in the federal Fair Housing Act Amendments of 1988 for enforcement of similar federal fair housing laws.

(d) A county may provide for the enforcement of local employment discrimination laws or public accommodations discrimination laws by civil fines not exceeding $5,000 for any offense.
Md. Code, State Government § 10-803 — MD Code / Article gsg / Title 10 / Subtitle 8 / Section 10-803
§10–803.
Status: in_force

Each unit shall submit the policies required under § 10-802 of this subtitle to the Joint Committee on Administrative, Executive, and Legislative Review.
Md. Code, Financial Institutions § 10-121 — MD Code / Article gfi / Title 10 / Subtitle 1 / Section 10-121
§10–121.
Status: in_force

The Fund shall have the immunity from liability described under § 5-520 of the Courts and Judicial Proceedings Article.
Md. Code, Economic Development § 10-820 — MD Code / Article gec / Title 10 / Subtitle 8 / Section 10-820
§10–820.
Status: in_force

The Center may make grants to or provide equity investment financing for advanced clean energy technology–based businesses and clean energy innovation businesses.
Md. Code, Agriculture § 10-807 — MD Code / Article gag / Title 10 / Subtitle 8 / Section 10-807
§10–807.
Status: in_force

This subtitle may be cited as the Maryland Apple Grade Law.
Md. Code, Insurance § 10-129 — MD Code / Article gin / Title 10 / Subtitle 1 / Section 10-129
§10–129.
Status: in_force

A person other than an independent insurance producer may not be represented to the public as an independent insurance producer.
Md. Code, Real Property § 10-802 — MD Code / Article grp / Title 10 / Subtitle 8 / Section 10-802
§10–802.
Status: reserved

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

(2) “Escrow agent” means a person engaged in the business of residential real estate settlements who receives trust money.

(3) “Residential real estate” means:

(i) Real property improved by four or fewer single–family dwelling units that are designed principally and are intended for human habitation; and

(ii) Unimproved real property zoned for residential use by the local zoning authority of the county or municipality in which the real property is located.

(4) “Trust money” means a deposit made by a purchaser in connection with a residential real estate sales transaction that the purchaser delivers to an escrow agent to hold for the benefit of the purchaser and the seller.

(b) This section does not apply to:

(1) Banks, trust companies, savings and loan associations, savings banks, or credit unions;

(2) A homebuilder registered under Title 4.5 of the Business Regulation Article who is engaged in the initial sale of residential real estate; or

(3) A real estate salesperson, associate real estate broker, or real estate broker licensed under Title 17 of the Business Occupations and Professions Article.

(c) When an escrow agent agrees to hold trust money, the escrow agent shall enter into a written agreement with the purchaser and seller of the residential real estate that contains the following information:

(1) The amount of the trust money delivered to the escrow agent;

(2) The date the trust money was delivered to the escrow agent;

(3) The responsibility of the escrow agent to notify the purchaser and seller of trust money returned due to dishonored funds;

(4) The conditions under which the escrow agent may release the trust money; and

(5) The process to address disputes over the release of the trust money.

(d) If a purchaser terminates a real estate transaction in accordance with § 10–803 of this subtitle, the escrow agent shall distribute the trust money to the purchaser in accordance with the requirements of this section.

(e) Nothing in this section may be construed to prohibit an escrow agent from transferring trust money to another escrow agent if the purchaser of the residential real estate for which the trust money is held chooses the escrow agent to whom the trust money is transferred.
Md. Code, Correctional Services § 10-201 — MD Code / Article gcs / Title 10 / Subtitle 2 / Section 10-201
§10–201.
Status: in_force

In this subtitle, “Office” means the Inmate Grievance Office.
Md. Code, Health - General § 10-401 — MD Code / Article ghg / Title 10 / Subtitle 4 / Section 10-401
§10–401.
Status: in_force

The Director shall supervise generally the operation of all State facilities.
Md. Code, Economic Development § 10-447 — MD Code / Article gec / Title 10 / Subtitle 4 / Section 10-447
§10–447.
Status: in_force

(a) There is a Coordinating Emerging Nanobiotechnology Research in Maryland Program.

(b) The purpose of the CENTR Maryland Program is to:

(1) support and promote advanced research in nanobiotechnology in the State;

(2) support nanobiotechnology research activities at postsecondary education institutions; and

(3) establish the State as a key location for nanobiotechnology research and industry.

(c) The Corporation shall foster public–private partnerships as feasible to carry out the purpose of the CENTR Maryland Program.
Md. Code, Election Law § 10-207 — MD Code / Article gel / Title 10 / Subtitle 2 / Section 10-207
§10–207.
Status: in_force

(a) A local board shall investigate promptly each complaint it receives regarding the fitness, qualification, or performance of an individual appointed to be an election judge.

(b) A local board shall remove any election judge who is unfit or incompetent for the office.
Md. Code, Public Utilities § 10-401 — MD Code / Article gpu / Title 10 / Subtitle 4 / Section 10-401
§10–401.
Status: in_force

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

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

(c) “Operator” means a transportation network operator, transportation network partner, or transportation network driver.
Md. Code, Criminal Procedure § 10-233.1 — MD Code / Article gcp / Title 10 / Subtitle 2 / Section 10-233.1
§10–233.
Status: in_force

§10–233.1.

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

(2) “Massage establishment license”:

(i) means a certificate, license, permit, or similar document that would allow a person to own, operate, or manage a massage establishment in Howard County; and

(ii) includes any renewal of a document described in item (i) of this paragraph.

(3) “Pawnbroker or secondhand dealer establishment license”:

(i) means a certificate, license, permit, or similar document that would allow a person to own, operate, or manage a pawnbroker or secondhand dealer establishment in Howard County; and

(ii) includes any renewal of a document described in item (i) of this paragraph.

(4) “Taxicab license”:

(i) means a certificate, license, permit, or similar document that would allow a person to own, operate, or drive a taxicab in Howard County; and

(ii) includes any renewal of a document described in item (i) of this paragraph.

(b) This section does not apply to an applicant that:

(1) is a licensed massage therapist or registered massage practitioner under Title 6 of the Health Occupations Article; and

(2) is the owner, manager, or operator of a sole proprietorship or other massage therapy establishment in which each massage therapist is a licensed massage therapist or registered massage practitioner.

(c) The Howard County Department of Inspections, Licenses and Permits may request from the Central Repository a State and national criminal history records check on an applicant for:

(1) a massage establishment license;

(2) a pawnbroker or secondhand dealer establishment license; or

(3) a taxicab license.

(d) (1) As part of the application for a criminal history records check, the Howard County Department of Inspections, Licenses and Permits shall submit to the Central Repository:

(i) two complete sets of the applicant’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

(ii) the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and

(iii) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(2) In accordance with this subtitle, the Central Repository shall forward to the applicant and the Howard County Department of Inspections, Licenses and Permits the applicant’s criminal history record information.

(3) Information obtained from the Central Repository under this section:

(i) is confidential and may not be disseminated; and

(ii) may be used only for a license–related purpose concerning an applicant for a massage establishment license, a pawnbroker or secondhand dealer establishment license, or a taxicab license as authorized by this section.

(4) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided under § 10–223 of this subtitle.

(e) The governing body of Howard County may adopt guidelines to carry out this section.
Md. Code, State Government § 10-1406 — MD Code / Article gsg / Title 10 / Subtitle 14 / Section 10-1406
§10–1406.
Status: in_force

(a) If an individual who is convicted of a drug crime committed on or after January 1, 1991, holds a commercial driver’s license, the Motor Vehicle Administration may disqualify the individual from driving a commercial motor vehicle or take any other action authorized under this subtitle.

(b) If the Motor Vehicle Administration disqualifies an individual from driving a commercial motor vehicle under this subtitle, the Motor Vehicle Administration shall issue a noncommercial driver’s license to the individual if:

(1) the individual surrenders the commercial driver’s license; and

(2) the individual’s driving privilege is not otherwise refused, suspended, revoked, or canceled in the State or any other state.

(c) This section may not be construed to limit the authority of the Motor Vehicle Administration to disqualify an individual from driving a commercial motor vehicle or taking any other action required or authorized under the Maryland Vehicle Law.
Md. Code, Natural Resources § 10-1104 — MD Code / Article gnr / Title 10 / Subtitle 11 / Section 10-1104
§10–1104.
Status: in_force

(a) If a Natural Resources police officer or any law enforcement officer has probable cause to believe that any species of wildlife or any device is possessed in violation of this title, and it is not possible or feasible to secure a search warrant in time to seize the bird, mammal, amphibian, or reptile or the device, then the Natural Resources police officer may examine any boat, railway car, box, crate, package, or game bag without a warrant.

(b) In this event, a Natural Resources police officer, in uniform or accompanied by a uniformed police officer, may stop and search an automobile, any vehicle, or trailer for the purpose of examining the game bags. The Natural Resources police officer also may determine whether the person has an appropriate license.

(c) This section does not permit entering a dwelling house without first procuring a search warrant.
Md. Code, Economic Development § 10-910 — MD Code / Article gec / Title 10 / Subtitle 9 / Section 10-910
§10–910.
Status: in_force

The Corporation is exempt from State and local taxes.
Md. Code, Tax - General § 10-310 — MD Code / Article gtg / Title 10 / Subtitle 3 / Section 10-310
§10–310.
Status: in_force

In addition to the modifications under §§ 10-305 through 10-309 of this subtitle, to determine Maryland modified income the federal taxable income of a corporation shall be adjusted as provided for an individual under § 10-210.1 of this title.
Md. Code, Natural Resources § 10-808 — MD Code / Article gnr / Title 10 / Subtitle 8 / Section 10-808
§10–808.
Status: in_force

The Department may adopt and post rules and regulations for the proper use and administration of any State land or water the Department controls or owns.
Md. Code, Corporations and Associations § 10-906 — MD Code / Article gca / Title 10 / Subtitle 9 / Section 10-906
§10–906.
Status: in_force

A foreign limited partnership may cancel its registration by filing with the Department a certificate of cancellation executed by a general partner. A cancellation does not terminate the authority of the Department to accept service of process on the foreign limited partnership with respect to causes of action arising out of doing business in this State.
Md. Code, Economic Development § 10-488 — MD Code / Article gec / Title 10 / Subtitle 4 / Section 10-488
§10–488.
Status: in_force

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

(2) “Commission” means the Equitech Growth Commission.

(3) “Fund” means the Equitech Growth Fund.

(b) (1) There is an Equitech Growth Fund in the Corporation.

(2) The purpose of the Fund is to support the economic competitiveness and inclusive growth of emerging and advanced industries in the State through the creation of supporting infrastructure assets, resources, and diverse workforce that builds the strengths of the State’s economy.

(3) The Corporation shall administer the Fund.

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

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

(5) The Fund consists of:

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

(ii) interest earnings of the Fund; and

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

(6) The Fund shall leverage investment from the private sector, funding from federal sources, and other sources of funding.

(7) The Fund may be used only:

(i) to make awards from the Fund in accordance with subsection (c) of this section; and

(ii) to pay the costs of administering the Fund.

(c) (1) The Corporation shall award grants, investments, loans, or other financial assistance from the Fund to public, nonprofit, or private entities in the State, including institutions of higher education and public–private partnerships.

(2) Awards from the Fund shall target:

(i) workforce development; and

(ii) infrastructure that will attract and retain businesses in the State.

(3) Awards shall be consistent with the 10–year goals in the strategic plan developed by the Commission.

(d) For each of fiscal years 2025 through 2033, the Governor shall include in the annual budget bill an appropriation of $5,000,000 to the Fund.

(e) The Corporation shall adopt regulations to establish:

(1) a competitive application process;

(2) review criteria and procedures for making awards, including private leverage requirements for awards;

(3) processes and metrics for monitoring each project and the success, economic impact, and impact of the award on the State’s diversity, equity, and inclusion in the State’s innovation economy; and

(4) processes for ensuring that the programmatic funds and leveraged funds are invested within the State.

(f) On or before July 1 each year, beginning in 2024, the Corporation shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the President of the Senate and the Speaker of the House on awards made from the Fund.
Md. Code, Criminal Law § 10-604 — MD Code / Article gcr / Title 10 / Subtitle 6 / Section 10-604
§10–604.
Status: in_force

(a) A person may not:

(1) overdrive or overload an animal;

(2) deprive an animal of necessary sustenance;

(3) inflict unnecessary suffering or pain on an animal;

(4) cause, procure, or authorize an act prohibited under item (1), (2), or (3) of this subsection; or

(5) if the person has charge or custody of an animal, as owner or otherwise, unnecessarily fail to provide the animal with:

(i) nutritious food in sufficient quantity;

(ii) necessary veterinary care;

(iii) proper drink;

(iv) proper air;

(v) proper space;

(vi) proper shelter; or

(vii) proper protection from the weather.

(b) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $1,000 or both.

(2) As a condition of sentencing, the court may order a defendant convicted of violating this section to:

(i) participate in and pay for psychological counseling; and

(ii) pay, in addition to any other fines and costs, all reasonable costs incurred in removing, housing, treating, or euthanizing an animal confiscated from the defendant.

(3) As a condition of probation, the court may prohibit a defendant from owning, possessing, or residing with an animal.
Md. Code, Health - General § 10-312 — MD Code / Article ghg / Title 10 / Subtitle 3 / Section 10-312
§10–312.
Status: in_force

(a) Each county advisory committee and each intercounty advisory committee may:

(1) Create subcommittees; and

(2) Have additional individuals participate as needed.

(b) Each county advisory committee and intercounty advisory committee shall:

(1) Monitor, review and evaluate the allocation and adequacy of publicly funded mental health services within the county through means such as conducting or participating in site visits;

(2) Determine the needs of the county mental health system, including quality of services, gaps in the system, and interagency coordination;

(3) Participate in the development of the local mental health plan and local mental health budget;

(4) (i) Prepare and disseminate an annual report to the following:

1. The health officer;

2. In Montgomery County, the director of the Montgomery County Department of Health and Human Services;

3. The county mental health director;

4. The governing body of the appropriate county;

5. The director of the local core service agency or local behavioral health authority, if any;

6. The regional mental health director;

7. The Director;

8. The Secretary; and

9. The Behavioral Health Advisory Council; and

(ii) Include in the annual report, at a minimum, the following:

1. A description of the progress of the county mental health system;

2. Recommendations on actions needed to improve the system;

3. Recommendations on priorities for allocation of funds; and

4. In accordance with those priorities and after consideration of financial resources, recommendations on appropriate allocation of funds;

(5) Review and comment upon the annual core service agency or county mental health plan and preliminary budget, prior to submission of the budget to the State; and

(6) Review and comment upon the annual fiscal report.
Md. Code, Local Government § 10-320 — MD Code / Article glg / Title 10 / Subtitle 3 / Section 10-320
§10–320.
Status: in_force

(a) A county may provide for the draining of swamps and lowlands.

(b) (1) At the request of the board of managers of a drainage association, the county legislative body shall appoint a board of viewers to determine if the original determination as to which lands have benefited from the drainage improvement project has changed.

(2) The board of viewers shall have the same qualifications, rights, powers, privileges, and duties as the original board of viewers.

(3) The board of viewers shall report its findings to the county legislative body.

(4) The report shall be considered in the same manner as the original report, including the same right to a public hearing and the right to judicial review.

(5) Any revision in the original determination as to which lands benefit from the improvements shall become the basis for all future assessments for paying for the improvements, including related expenses such as damages and the maintenance of the improvements.
Md. Code, Insurance § 10-118 — MD Code / Article gin / Title 10 / Subtitle 1 / Section 10-118
§10–118.
Status: reserved

(a) In this section, “producer register” means a register of appointed insurance producers who are authorized to sell, solicit, or negotiate contracts of insurance on behalf of an insurer.

(b) (1) An insurer authorized to transact the business of insurance in the State shall maintain a producer register.

(2) Within 30 days of the insurer appointing an insurance producer, the insurer shall include the following information in the insurer’s producer register:

(i) the insurance producer’s name;

(ii) the license number assigned to the insurance producer by the Commissioner;

(iii) the date that the insurer appointed the insurance producer; and

(iv) any additional information that the Commissioner may require.

(3) An insurer shall send written documentation of the appointment to the insurance producer.

(c) A licensed insurance producer that has been appointed by an insurer shall maintain:

(1) documentation of the insurer’s appointment; and

(2) a list of the insurers that have appointed the producer.

(d) (1) The insurer’s producer register and the producer’s record relating to an appointment:

(i) shall be open to inspection and examination by the Commissioner; and

(ii) may be maintained electronically.

(2) Except as provided in paragraph (3) of this subsection, an insurance producer may not act on behalf of an insurer unless the insurance producer has received written documentation of the appointment from the insurer.

(3) An insurer may initially accept an application for life insurance, health insurance, or an annuity from an insurance producer who is not appointed by the insurer and is not on the insurer’s producer register if, within 30 days of accepting the application, the insurer:

(i) rejects the application in accordance with § 27-501 of this article; or

(ii) appoints the insurance producer and enters in the insurer’s producer register the information required by subsection (b) of this section.

(e) (1) (i) When there is any termination of the appointment, employment, contract, or other insurance business relationship with an insurance producer, the insurer shall, within 30 days following the effective date of the termination, update the insurer’s producer register by entering the effective date of the termination.

(ii) An insurer or authorized representative of an insurer shall notify the Commissioner of the termination of an appointment when the termination, in whole or in part, is a result of the belief that the producer has engaged or is engaging in any of the activities set forth in § 10-126 of this subtitle, including any finding made by a court, governmental unit, or self-regulatory organization authorized by law that:

1. the insurance producer has violated § 10-126 of this subtitle; or

2. the insurance producer has engaged in any activities that are set forth in § 10-126 of this subtitle.

(iii) On written request of the Commissioner, the insurer shall provide additional information, documents, records, or other data pertaining to:

1. the termination; or

2. the activities of the insurance producer if the insurance producer was terminated for cause due to a reason set forth in § 10-126 of this subtitle.

(2) If the appointment of an insurance producer is terminated because the insurance producer failed to renew the insurance producer’s license and the license is reinstated under § 10-116.1(c)(1) of this subtitle, an insurer may reappoint the insurance producer retroactively, with the appointment effective on the date that the license expired.

(f) An insurer or authorized representative of an insurer promptly shall notify the Commissioner, in a format acceptable to the Commissioner, of any additional information that:

(1) the insurer discovers on further review or investigation; and

(2) would have been reportable to the Commissioner under subsection (e) of this section if the insurer had then known of its existence.

(g) (1) Within 15 days after providing notice to the Commissioner that is required by subsection (e) of this section, an insurer shall mail a copy of the notice to the insurance producer:

(i) at the last known address of the insurance producer; and

(ii) by certified mail, return receipt requested, postage prepaid or by overnight delivery using a nationally recognized carrier.

(2) Within 30 days after an insurance producer receives original or additional notice, the insurance producer may file with the Commissioner written comments concerning the substance of the notice.

(3) If an insurance producer files comments with the Commissioner, the insurance producer shall, by the same means, simultaneously send a copy of the comments to the reporting insurer.

(4) If the Commissioner receives comments from an insurance producer, the Commissioner shall:

(i) make the comments part of the Commissioner’s file on the subject; and

(ii) include a copy of the comments with every copy of a report about the insurance producer that is distributed or disclosed for any reason permitted by subsection (i) of this section.

(h) (1) This subsection applies to:

(i) an insurer;

(ii) an authorized representative of an insurer;

(iii) an insurance producer;

(iv) the Commissioner; and

(v) an organization of which the Commissioner is a member that compiles information required under this section and makes it available to other insurance commissioners or regulatory or law enforcement agencies.

(2) In the absence of actual malice, a person to whom this subsection applies and the agents and employees of the person are not subject to civil liability of any nature as a result of:

(i) any statement or information required by or provided under this section; or

(ii) any information relating to any statement that may be requested in writing by the Commissioner from an insurer or insurance producer.

(3) If a party brings an action against a person that may have immunity under paragraph (2) of this subsection for making a statement required by or under this section or providing any information relating to any statement that may be requested by the Commissioner, the party bringing the action shall plead specifically in any allegation that paragraph (2) of this subsection does not apply because the person making the statement or providing the information did so with actual malice.

(4) This subsection does not abrogate or modify any existing statutory or common law privileges or immunities.

(i) (1) This subsection applies only to any document, material, or other information in the control or possession of the Insurance Administration that is:

(i) furnished by an insurer or insurance producer or an employee or agent acting on behalf of the insurer or insurance producer under this section; or

(ii) otherwise obtained by the Commissioner in an investigation under this section.

(2) Any document, material, or other information that is subject to this subsection is:

(i) confidential and privileged;

(ii) not subject to Title 4 of the General Provisions Article;

(iii) not subject to subpoena; and

(iv) not subject to discovery or admissible in evidence in any private civil action.

(3) Notwithstanding paragraph (2) of this subsection, the Commissioner may use any document, material, or other information that is subject to this section to further any regulatory or legal action brought as part of the duties of the Commissioner.

(4) The Commissioner and any person who received any document, material, or other information to which this subsection applies while acting under the authority of the Commissioner may not be allowed or required to testify in any private civil action concerning the document, material, or information.

(5) (i) Provided that the recipient agrees to maintain any confidentiality and privileged status, the Commissioner may share a document, material, or other information, including a document, material, or other information that is confidential and privileged under this subsection, with:

1. other State, federal, or international regulatory agencies;

2. the National Association of Insurance Commissioners and its affiliates or subsidiaries; or

3. State, federal, or international law enforcement authorities.

(ii) If the Commissioner determines that a confidential document, material, or other information that has been shared through a database or other electronic filing system is inaccurate or incomplete in any way, the Commissioner shall update the information in the database or other electronic filing system so that the information is accurate and complete.

(6) (i) The Commissioner may receive a document, material, or information, including a document, material, or information that is otherwise confidential and privileged, from:

1. the National Association of Insurance Commissioners or its affiliates or subsidiaries; or

2. regulatory and law enforcement officials of other foreign or domestic jurisdictions.

(ii) The Commissioner shall maintain as confidential and privileged any document, material, or information received under this paragraph with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information.

(7) The Commissioner may enter into agreements governing sharing and use of information consistent with this subsection.

(8) There is no waiver of any applicable privilege or claim of confidentiality in a document, material, or information as a result of:

(i) disclosure of the document, material, or information to the Commissioner under this section; or

(ii) sharing of the document, material, or information by the Commissioner under paragraph (5) of this subsection.

(9) This subtitle does not prohibit the Commissioner from releasing final adjudicated actions, including for–cause terminations, that are open to public inspection under Title 10, Subtitle 6 of the State Government Article, to a database or other clearinghouse service maintained by the National Association of Insurance Commissioners or its affiliates or subsidiaries.

(j) The Commissioner may adopt regulations to carry out this section.
Md. Code, Public Safety § 10-108 — MD Code / Article gps / Title 10 / Subtitle 1 / Section 10-108
§10–108.
Status: in_force

A person may not advertise in written or printed form that a fireworks display or discharge will take place in Baltimore City unless the advertisement states:

(1) that the promoter is covered by a policy of liability insurance; and

(2) the name of the insurer and the policy number of the insurance policy.
Md. Code, Human Services § 10-202 — MD Code / Article ghu / Title 10 / Subtitle 2 / Section 10-202
§10–202.
Status: in_force

(a) (1) With the advice and consent of the Senate, the Governor shall appoint the Secretary of Aging.

(2) The Secretary is the head of the Department.

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

(c) (1) The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor.

(2) The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on those matters.

(d) The Secretary is entitled to the compensation provided in the State budget.
Md. Code, Economic Development § 10-217 — MD Code / Article gec / Title 10 / Subtitle 2 / Section 10-217
§10–217.
Status: reserved

(a) (1) “Person” has the meaning stated in § 9-101 of this article.

(2) “Person” also includes a public or quasi-public corporation.

(b) Subject to subsection (c) of this section, the Authority may provide financing to a person to accomplish the purposes of this subtitle:

(1) on property that is owned or otherwise held or controlled by the Authority or the State; or

(2) on, under, or in property that is owned or otherwise held or controlled by any other person.

(c) (1) This subsection does not apply to an expenditure of money:

(i) in connection with the acquisition of property or the preparation of plans;

(ii) to the employment of staff of the Authority; or

(iii) for other matters that customarily are preliminary to the commencement of construction.

(2) If the Authority provides financing to a person to accomplish the purposes of this subtitle, the Authority may not expend any bond proceeds to acquire or improve a facility until the Authority, with the approval of the Board of Public Works, has entered into a binding contract with the person.

(3) The contract shall:

(i) be secured to the satisfaction of the Board of Public Works; and

(ii) require the person to pay to the Authority or its designee:

1. the principal of and interest on bonds sold under this subtitle as they become due;

2. any fiscal agency charges for paying principal and interest;

3. any charges or fees set by the Authority for its administrative costs and expenses; and

4. any premium on bonds retired by call or purchased as provided in this subtitle.

(d) The Authority may charge to and equitably apportion between persons financed by the Authority under this section all or part of the Authority’s administrative costs and expenses incurred in exercising its powers and performing its duties under this subtitle.

(e) If property is transferred by the Authority to a person financed under this section, the person shall pay any State and local property taxes that accrue after the transfer.
Md. Code, Business Regulation § 10-308 — MD Code / Article gbr / Title 10 / Subtitle 3 / Section 10-308
§10–308.
Status: in_force

(a) Before making the first sale in the State of gasoline imported into the State, the seller shall register with the Comptroller each additive introduced into the gasoline after it was received in the State.

(b) The registration shall:

(1) include the amount of additive blended into each gallon of gasoline; and

(2) describe the additive by including:

(i) its trade name, trademark, and manufacturer;

(ii) its quantitative analysis; and

(iii) the manufacturer’s trade name or other identification.

(c) (1) An additive may be introduced into gasoline for resale or distribution by a person who holds a Class “A” dealer license issued in accordance with § 9–322 of the Tax – General Article.

(2) The Comptroller may authorize any person who holds a dealer license other than a Class “A” dealer license issued in accordance with § 9–322 of the Tax – General Article to introduce an additive into gasoline for resale or distribution if the person complies with:

(i) the requirements of this subtitle; and

(ii) regulations adopted by the Comptroller, including regulations:

1. that specify the method for introducing an additive into gasoline, such as in–line blending or any method equal to or superior to in–line blending, as determined by the Comptroller; and

2. that provide for the payment of the motor fuel excise tax under § 9–305 of the Tax – General Article by a licensed dealer.
Md. Code, Public Utilities § 10-408 — MD Code / Article gpu / Title 10 / Subtitle 4 / Section 10-408
§10–408.
Status: in_force

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

(2) “Shared passenger trip” means a prearranged ride for which the passenger agrees, at the time the passenger requests the ride through a transportation network company’s digital network application, to be transported with another passenger who has separately requested a prearranged ride regardless of whether another passenger is transported.

(3) “Transportation network company impact fee” means the fee imposed by the State under this section on each transportation network service that includes a passenger trip during transportation network coverage period three as described in § 10–101(n)(1)(iii) of this title.

(b) (1) There is a transportation network company impact fee on passenger trips that originate in the State.

(2) A transportation network company shall collect the transportation network company impact fee.

(3) (i) Subject to paragraph (4) of this subsection and except as provided in subparagraphs (ii) and (iii) of this paragraph, the transportation network company impact fee is 75 cents for each passenger trip.

(ii) Subject to paragraph (4) of this subsection, the transportation network company impact fee for a passenger trip provided using a fuel cell electric vehicle or a plug–in electric drive vehicle, as those terms are defined in Title 11, Subtitle 1 of the Transportation Article, is 50 cents for each passenger trip.

(iii) Subject to paragraph (4) of this subsection, the transportation network company impact fee is 50 cents for each shared passenger trip.

(4) (i) 1. In this subparagraph, “Consumer Price Index for All Urban Consumers” means the index published monthly by the Bureau of Labor Statistics of the U.S. Department of Labor that is the U.S. city average of all items in a basket of consumer goods and services.

2. The percentage growth in the Consumer Price Index for All Urban Consumers shall be determined by comparing the average of the index for the 12 months ending on the preceding April 30 to the average of the index for the prior 12 months.

(ii) The transportation network company impact fee shall be increased on July 1, 2028, and on July 1 each subsequent year in accordance with this paragraph.

(iii) On or before June 1 each year, the Comptroller shall determine and announce:

1. the growth in the Consumer Price Index for All Urban Consumers as determined by the Comptroller under subparagraph (i) of this paragraph; and

2. the transportation network company impact fee effective for the fiscal year beginning on the following July 1 as determined by the Comptroller under subparagraph (iv) of this paragraph.

(iv) Subject to subparagraph (v) of this paragraph, on July 1 each year, the transportation network company impact fee shall be increased by the amount, rounded to the nearest one–tenth of a cent, that equals the product of multiplying:

1. the transportation network company impact fee in effect on the date of the Comptroller’s announcement under subparagraph (iii) of this paragraph; and

2. the percentage growth in the Consumer Price Index for All Urban Consumers.

(v) 1. If there is a decline or no growth in the Consumer Price Index for All Urban Consumers, the transportation network company impact fee shall remain unchanged.

2. Any increase in the transportation network company impact fee under subparagraph (iv) of this paragraph may not be greater than 8% of the transportation network company impact fee effective in the previous year.

(c) (1) A transportation network company shall either:

(i) collect the transportation network company impact fee from a passenger on behalf of a transportation network operator; or

(ii) pay the transportation network company impact fee on behalf of a passenger.

(2) If a transportation network company collects the transportation network company impact fee from the passenger:

(i) the transportation network company impact fee shall be charged in addition to any other tax or fee; and

(ii) the transportation network company shall show the impact fee as a separate line item on the passenger’s receipt, invoice, or other bill of sale, distinct from the transaction price and any other tax or fee imposed.

(3) The receipt, invoice, or other bill of sale shall list the impact fee as “Transportation Network Company Impact Fee”.

(4) A transportation network company that pays the transportation network company impact fee on behalf of a passenger shall remit the fee to the Comptroller as if the fee had been collected from the passenger on the date of the passenger trip.

(d) (1) A transportation network company shall:

(i) report the transportation network company impact fee on a form prescribed by the Comptroller; and

(ii) remit the transportation network company impact fee to the Comptroller not later than 30 days after the end of a calendar quarter, or as otherwise specified by the Comptroller in regulations.

(2) For the expense of reporting and remitting the transportation network company impact fee the transportation network company may retain the lesser of 0.9% of the amount the transportation network company remits under paragraph (1)(ii) of this subsection or $250.

(e) Except as otherwise provided in this section, the audit, assessment, liability for payment, refund, penalty, interest, enforcement, collection remedies, appeal, and administrative provisions that are applicable to an assessment imposed under § 10–406 of this subtitle apply to the transportation network company impact fee.

(f) (1) From the transportation network company impact fee revenue, the Comptroller shall distribute the amount necessary to pay refunds relating to the transportation network company impact fee to a refund account.

(2) After making the distribution required under paragraph (1) of this subsection, the Comptroller shall distribute the amount necessary to administer the transportation network company impact fee to an administrative cost account.

(3) After making the distributions required under paragraphs (1) and (2) of this subsection, the Comptroller shall deposit the balance of the revenue from the transportation network company impact fee in the Transportation Network Company Impact Fee Account in the Transportation Trust Fund.

(g) The Comptroller may adopt regulations or other requirements or procedures to carry out this section, including requirements and procedures regarding the administration, collection, and enforcement of the transportation network company impact fee.

(h) This section may not be construed to have any effect on an assessment imposed under § 10–406 of this subtitle.
Md. Code, Human Services § 10-101 — MD Code / Article ghu / Title 10 / Subtitle 1 / Section 10-101
§10–101.
Status: in_force

§10–101. IN EFFECT

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

(b) “Area agency” means the local agency that the Department designates in accordance with the Older Americans Act of 1965 to administer the delivery of a comprehensive and coordinated plan of social and other services and activities for seniors in a planning and service area.

(c) “Community for a Lifetime” means a community certified under § 10–804 of this title.

(d) “Congregate housing services” means services provided in an apartment building that promote independent living for an eligible individual.

(e) “Department” means the Department of Aging.

(f) “Interagency Committee” means the unit established in § 10–301 of this title to oversee the coordination and consolidation of services for seniors in the State.

(g) “Planning and service area” means an area of the State that the Department designates in accordance with the Older Americans Act of 1965 for the planning and administration of social, health, and other services for seniors.

(h) “Secretary” means the Secretary of Aging.

§10–101. ** TAKES EFFECT JULY 1, 2026 PER CHAPTERS 33 AND 34 OF 2025 **

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

(b) “Area agency on aging” means the local agency that the Department designates in accordance with the Older Americans Act of 1965 to administer the delivery of a comprehensive and coordinated plan of social and other services and activities for older adults in a planning and service area.

(c) “Community for a Lifetime” means a community certified under § 10–804 of this title.

(d) “Department” means the Department of Aging.

(e) “Planning and service area” means an area of the State that the Department designates in accordance with the Older Americans Act of 1965 for the planning and administration of social, health, and other services for older adults.

(f) “Secretary” means the Secretary of Aging.
Md. Code, Housing and Community Development § 10-203 — MD Code / Article ghs / Title 10 / Subtitle 2 / Section 10-203
§10–203.
Status: in_force

The State Treasurer shall hold and the Comptroller shall account for the Fund.
Md. Code, Tax - General § 10-805 — MD Code / Article gtg / Title 10 / Subtitle 8 / Section 10-805
§10–805.
Status: in_force

(a) Except as provided in subsection (b) of this section and except for a fiduciary, each resident shall file an income tax return if, after exclusion of Social Security and railroad retirement benefits that are included in federal gross income, the resident:

(1) would be required to file a federal income tax return under § 6012(a) of the Internal Revenue Code; or

(2) would have federal gross income that exceeds the amount specified in § 6012(a) of the Internal Revenue Code after the federal gross income is increased by the modifications in §§ 10-204 and 10-205 of this title.

(b) A resident dependent shall file an income tax return if the dependent:

(1) would have federal gross income that exceeds the amount specified in § 6012(a)(1)(A)(i) of the Internal Revenue Code after the federal gross income is modified under Subtitle 2, Part II of this title; and

(2) otherwise would be described in § 6012(a)(1)(A)(i) of the Internal Revenue Code.

(c) If an individual whose status changes, during a taxable year, from resident to nonresident or nonresident to resident is required to file an income tax return under subsection (a) or subsection (b) of this section or § 10-806 of this subtitle, the individual shall report on the return the Maryland taxable income:

(1) received during the part of the taxable year that the individual was a resident; and

(2) derived as a nonresident.
Md. Code, Real Property § 10-104 — MD Code / Article grp / Title 10 / Subtitle 1 / Section 10-104
§10–104.
Status: in_force

Every land installment contract shall be indexed and recorded among the land records in the office of the clerk of the circuit court of the county where the property which is the subject of the contract is located. With regard to any person who claims any interest in or lien on the property arising after the time of recording, the property is deemed to be held from the time of recording by the then record owner of fee simple or leasehold title to the property, subject to the rights and interest of the purchaser of the contract as stated in the contract.
Md. Code, Natural Resources § 10-303 — MD Code / Article gnr / Title 10 / Subtitle 3 / Section 10-303
§10–303.
Status: in_force

(a) (1) The Department annually may issue a complimentary hunting license to the President of the United States, the governor of any state, or an official or an enforcement officer of the game and fish management agency of another state which reciprocally offers complimentary hunting licenses.

(2) (i) Subject to the requirements of § 10–301.1 of this subtitle, the Department may issue a lifetime complimentary hunting license to a Maryland resident who certifies that the resident is:

1. A former prisoner of war;

2. An American veteran who the U.S. Department of Veterans Affairs determines is unemployable; or

3. A 100% service connected disabled American veteran.

(ii) Subject to the requirements of § 10–301.1 of this subtitle, the Department may issue a lifetime complimentary hunting license to an out–of–state person:

1. Who certifies that the person is:

A. A former prisoner of war;

B. An American veteran who the U.S. Department of Veterans Affairs determines is unemployable; or

C. A 100% service connected disabled American veteran; and

2. Whose state of residence extends similar privileges to former prisoners of war, American veterans who the U.S. Department of Veterans Affairs determines are unemployable, or 100% service connected disabled American veterans of this State.

(3) A complimentary license is not transferable.

(b) For the purposes of this section, “former prisoner of war” means a person who, while an active service member, was forcibly detained or interned in the line of duty by an enemy government or its agents, or a hostile force, during a period of armed conflict.