Md. Code, Labor and Employment § 11-607 — MD Code / Article gle / Title 11 / Subtitle 6 / Section 11-607
§11–607.
Status: in_force

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

(2) “Employer” means an individual or organization located or operating in the State that employs a registered apprentice.

(3) “Fund” means the Maryland Pay Per Apprentice Program Fund.

(4) “Program” means the Maryland Pay Per Apprentice Program.

(5) “Registered apprentice” means an employee who participates in a registered apprenticeship program.

(6) “Registered apprenticeship” means an apprenticeship program that is registered with, and approved by, the Division of Workforce Development and Adult Learning.

(7) “Sponsor” means an individual, association, committee, organization, intermediary, or employer in whose name or title the registered apprenticeship program is or is to be registered.

(b) There is a Maryland Pay Per Apprentice Program in the Department.

(c) The purposes of the Program are to:

(1) develop a well–trained, productive workforce that meets the needs of the State’s economy; and

(2) help employers and sponsors offset costs, including recruitment, education, training, and accommodations for disabilities or materials, associated with hiring newly registered apprentices.

(d) The Department shall administer the Program and establish:

(1) requirements for incentive applications;

(2) a process for reviewing incentive applications and awarding incentives to eligible employers or sponsors;

(3) the maximum award eligibility per newly registered apprentice subject to fund availability;

(4) the maximum amount of incentives that an eligible employer or sponsor may receive each year; and

(5) a process for monitoring and evaluating outcomes, assessing compliance, and taking corrective action, including requiring reimbursement of incentives, should an employer or sponsor fail to meet the requirements of the Program.

(e) (1) There is a Maryland Pay Per Apprentice Program Fund.

(2) The purpose of the Fund is to provide incentives under the Program.

(3) The Secretary 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 to the Fund under paragraph (9) of this subsection;

(ii) money collected due to noncompliance with Program requirements;

(iii) interest earnings of the Fund; and

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

(6) The Fund may be used only for providing incentives under the Program and administrative expenses related to the Program.

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

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

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

(9) For each of fiscal years 2027 through 2030, the Governor may include in the annual budget bill an appropriation for the Fund.

(f) (1) Subject to this subsection, an employer or a sponsor may apply for and be awarded an incentive under the Program.

(2) An employer or a sponsor may apply for only one grant for a newly registered apprentice who:

(i) has been employed for at least 7 months; and

(ii) is within the initial year of employment with the applicant.

(3) An employer or a sponsor may be awarded only one grant per each newly registered apprentice per year.

(4) An employer or sponsor awarded a grant under the Program shall attest to its intent to retain an apprentice through the duration of the full apprenticeship and after completion of the apprenticeship, unless an apprentice leaves on the apprentice’s own accord or has been dismissed for cause.

(5) If an incentive is awarded to an employer or a sponsor on behalf of a newly registered apprentice, another employer or sponsor may not apply for an incentive under the Program for the same newly registered apprentice.

(g) The Department may adopt regulations to carry out this section.
Md. Code, Local Government § 11-202 — MD Code / Article glg / Title 11 / Subtitle 2 / Section 11-202
§11–202.
Status: in_force

(a) Any official authorized by the county commissioners to serve a citation may serve a citation on a person who the official believes is committing a civil infraction.

(b) The issuing authority shall retain a copy of the citation.

(c) The citation shall contain:

(1) a certification by the official who issued the citation attesting to the truth of the matter set forth in the citation;

(2) the name and address of the defendant;

(3) the nature of the civil infraction;

(4) the location and time that the civil infraction occurred;

(5) the amount of the fine assessed;

(6) the manner, location, and time in which the fine may be paid to the county; and

(7) notice of the defendant’s right to elect to stand trial.
Md. Code, Education § 11-1803 — MD Code / Article ged / Title 11 / Subtitle 18 / Section 11-1803
§11–1803.
Status: in_force

§11–1803. IN EFFECT

// EFFECTIVE UNTIL JULY 31, 2027 PER CHAPTER 342 OF 2024 //

(a) On or before August 1, 2024, each participating institution of higher education shall hire one full–time financial well–being coach to provide personalized financial coaching services to students who may benefit from financial coaching services.

(b) Each participating institution of higher education shall create a system that allows the institution of higher education to identify enrolled and admitted students who may benefit from financial coaching services.
Md. Code, Tax - General § 11-204 — MD Code / Article gtg / Title 11 / Subtitle 2 / Section 11-204
§11–204.
Status: in_force

(a) The sales and use tax does not apply to:

(1) a sale to a cemetery company, as described in § 501(c)(13) of the Internal Revenue Code in effect on July 1, 1987;

(2) a sale to a credit union organized under the laws of the State or of the United States;

(3) a sale to a nonprofit organization made to carry on its work, if the organization:

(i) 1. is located in the State;

2. is located in an adjacent jurisdiction and provides its services within the State on a routine and regular basis; or

3. is located in an adjacent jurisdiction whose law:

A. does not impose a sales or use tax on a sale to a nonprofit organization made to carry on its work; or

B. contains a reciprocal exemption from sales and use tax for sales to nonprofit organizations located in adjacent jurisdictions similar to the exemption allowed under this subsection;

(ii) is a charitable, educational, or religious organization;

(iii) is not the United States; and

(iv) except for the American National Red Cross, is not a unit or instrumentality of the United States;

(4) a sale, not exceeding $500, to a nonprofit incorporated senior citizens’ organization made to carry on its work, if the organization:

(i) is located in the State; and

(ii) receives funding from the State or a political subdivision of the State;

(5) a sale to a volunteer fire company or department or volunteer ambulance company or rescue squad located in the State made to carry on the work of the company, department, or squad;

(6) a sale of tangible personal property, a digital code, or a digital product to a nonprofit parent–teacher association located in the State if the association makes the purchase to contribute the property to a school to which a sale is exempt under item (3) of this subsection or § 11–220 of this subtitle;

(7) a sale to a nonprofit organization made to carry on its work, if the organization:

(i) is qualified as tax exempt under § 501(c)(4) of the Internal Revenue Code; and

(ii) is engaged primarily in providing a program to render its best efforts to contain, clean up, and otherwise mitigate spills of oil or other substances occurring in United States coastal and tidal waters; or

(8) a sale to a bona fide nationally organized and recognized organization of veterans or an auxiliary of the organization or one of its units, if the organization is qualified as tax exempt under § 501(c)(4) or § 501(c)(19) of the Internal Revenue Code.

(b) The sales and use tax does not apply to a sale by:

(1) a bona fide church or religious organization, if the sale is made for the general purposes of the church or organization;

(2) a gift shop at a mental hospital that the Maryland Department of Health operates;

(3) a hospital thrift shop that:

(i) is operated by all volunteer staff;

(ii) sells only donated articles;

(iii) contributes the profits from sales to the hospital with which the shop is associated; and

(iv) is not operated in conjunction with a gift shop or another retail establishment;

(4) a vending facility operated under the Maryland Vending Program for the Blind if:

(i) the facility is located on property held or acquired by or for the use of the United States for any military or naval purpose; and

(ii) a post exchange or other tax–exempt concession is located and operated on the same property;

(5) an elementary or secondary school in the State or a nonprofit parent–teacher organization or other nonprofit organization within an elementary or secondary school in the State for the sale of magazine subscriptions in a fund–raising campaign, if the net proceeds are used solely for the educational benefit of the school or its students, including a sale resulting from an agreement or contract with an organization to participate in a fund–raising campaign for a percentage of the gross receipts under which students act as agents or salespersons for the organization by selling or taking orders for the sale;

(6) a parent–teacher organization or other organization within an elementary or secondary school in the State or within a school system in the State;

(7) subject to subsection (e) of this section, a bona fide church, religious organization, or other nonprofit organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code if:

(i) the sale is made at an auction sale; and

(ii) the proceeds of the sale are used to carry on the exempt purposes of the church or organization; or

(8) a nonprofit organization exempt from taxation under § 501(c)(3) of the Internal Revenue Code that maintains a memorial on property that is owned by the State if the proceeds of the sale are used to maintain a memorial on property that is owned by the State.

(c) To qualify as an organization to which a sale is exempt under subsection (a)(3) or (5) of this section, the organization shall file an application for an exemption certificate with the Comptroller.

(d) The Comptroller may treat the possession of an effective determination letter of status under § 501(c)(3) or (13) of the Internal Revenue Code from the Internal Revenue Service as evidence that an organization qualifies under subsection (a)(3) or (5) or (1) of this section, respectively.

(e) For a sale described under subsection (b)(7) of this section that is not otherwise exempt under this section, only that part of the sale price that qualifies for a deduction under the federal income tax as a charitable contribution under the regulations and guidelines of the Internal Revenue Service is exempt from the sales and use tax under this section.
Md. Code, Labor and Employment § 11-903 — MD Code / Article gle / Title 11 / Subtitle 9 / Section 11-903
§11–903.
Status: in_force

(a) The Department is responsible for the provision of education and workforce skills training programs in the adult correctional institutions in the State.

(b) The Secretary shall appoint a Director of Education and Workforce Skills Training for Correctional Institutions.

(c) The Director shall receive the salary provided in the budget of the Department.

(d) The Director shall:

(1) implement and operate the educational and workforce skills training programs developed by the Council in the correctional institutions;

(2) meet with and advise the Council about the programs;

(3) consult with the Commissioner of Correction and the warden of each institution about the operation of the programs; and

(4) set qualification standards for teachers in workforce skills training programs who are employed by the Department that are similar to the standards for teachers providing CTE instruction in accordance with § 7–205.1 of the Education Article.

(e) Notwithstanding any other provisions of law, each teacher in an educational and workforce skills training program who is employed by the Department is in the professional service in the State Personnel Management System.
Md. Code, Business Regulation § 11-510 — MD Code / Article gbr / Title 11 / Subtitle 5 / Section 11-510
§11–510.
Status: in_force

(a) Except as provided in subsection (b) of this section, the Commission may not issue a license, or award racing days, for racing at a mile track.

(b) The Commission may issue a license and award racing days only to:

(1) the Maryland Jockey Club of Baltimore City, Inc.; and

(2) the Laurel Racing Assoc., Inc.
Md. Code, Education § 11-407.1 — MD Code / Article ged / Title 11 / Subtitle 4 / Section 11-407.1
§11–407.
Status: in_force

§11–407.1.

If a private nonprofit institution of higher education engages in a reportable incident, as defined under § 10–101 of this article, the Commission shall determine whether the incident constitutes private inurement.
Md. Code, Business Regulation § 11-314 — MD Code / Article gbr / Title 11 / Subtitle 3 / Section 11-314
§11–314.
Status: in_force

(a) The Commission shall require each licensee to keep records that show the beneficial ownership of the stock of the licensee, whether or not the beneficial ownership is registered or stated on the stock.

(b) (1) The Commission shall require a licensee at least once each calendar year to get by written request an affidavit from each owner of record of the licensee.

(2) The affidavit shall state, to the best of the affiant’s knowledge, information, and belief:

(i) whether a person other than the affiant has a right of beneficial ownership in the stock held in the name of the affiant;

(ii) the name and address of any other person who has a right of beneficial ownership; and

(iii) the amount and nature of the beneficial ownership.

(c) (1) If a licensee learns that a person, other than a record owner of stock in a licensee, has a beneficial ownership interest in stock of the licensee, the licensee promptly shall request in writing that the person submit an affidavit within 60 days to the licensee.

(2) The affidavit shall state to the best of the affiant’s knowledge, information, and belief:

(i) whether the affiant has a right of beneficial ownership in the stock of the licensee that is described in the notice;

(ii) the amount and nature of the beneficial ownership;

(iii) whether a person other than the affiant and the record owner has a right of ownership of any kind in that stock of the licensee; and

(iv) the amount and nature of the ownership of that stock by a person other than the affiant and the record owner.

(d) Notwithstanding the affidavit requirements of this section, the Commission may excuse the reporting of beneficial ownership that is less than 2% of the licensee.

(e) (1) A licensee shall submit the beneficial ownership records and affidavits required under this section to the Commission at least once each year and at any other time that the Commission requires.

(2) A licensee shall report promptly to the Commission each change in beneficial ownership.
Md. Code, Family Law § 11-110 — MD Code / Article gfl / Title 11 / Subtitle 1 / Section 11-110
§11–110.
Status: in_force

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

(2) “Proceeding” includes a proceeding for:

(i) alimony;

(ii) alimony pendente lite;

(iii) modification of an award of alimony; and

(iv) enforcement of an award of alimony.

(3) “Reasonable and necessary expense” includes:

(i) suit money;

(ii) counsel fees; and

(iii) costs.

(b) At any point in a proceeding under this title, the court may order either party to pay to the other party an amount for the reasonable and necessary expense of prosecuting or defending the proceeding.

(c) Before ordering the payment, the court shall consider:

(1) the financial resources and financial needs of both parties; and

(2) whether there was substantial justification for prosecuting or defending the proceeding.

(d) Upon a finding by the court that there was an absence of substantial justification of a party for prosecuting or defending the proceeding, and absent a finding by the court of good cause to the contrary, the court shall award to the other party the reasonable and necessary expense of prosecuting or defending the proceeding.

(e) The court may award reimbursement for any reasonable and necessary expense that has previously been paid.

(f) As to any amount awarded for counsel fees, the court may:

(1) order that the amount awarded be paid directly to the lawyer; and

(2) enter judgment in favor of the lawyer.
Md. Code, Tax - General § 11-403.1 — MD Code / Article gtg / Title 11 / Subtitle 4 / Section 11-403.1
§11–403.
Status: in_force

§11–403.1.

(a) (1) A marketplace facilitator shall collect the applicable sales and use tax due on a retail sale or sale for use by a marketplace seller to a buyer in this State.

(2) A marketplace seller is not required to collect the applicable sales and use tax under paragraph (1) of this subsection to the extent that the marketplace facilitator collects the applicable sales and use tax.

(b) Except as otherwise provided in this title, unless a buyer is otherwise required by regulation to pay the sales and use tax directly to the Comptroller, the buyer shall pay the sales and use tax to the marketplace facilitator at the time of the taxable sale described under subsection (a) of this section.

(c) A marketplace facilitator, or other appropriate party, shall refund to a buyer the proportionate amount of sales and use tax that the buyer has paid if:

(1) (i) a sale is rescinded or canceled; or

(ii) the property sold is returned to the marketplace facilitator or marketplace seller; and

(2) the purchase price is wholly or partially repaid or credited.

(d) A marketplace facilitator shall report the sales and use tax collected under this section separately from the sales and use tax collected by the marketplace facilitator on taxable sales made directly by the marketplace facilitator, or an affiliate of the marketplace facilitator, to buyers in this State.

(e) (1) A class action may not be brought against a marketplace facilitator in a court of this State on behalf of buyers arising from or in any way related to an overpayment of sales or use tax collected on sales facilitated by the marketplace facilitator, regardless of whether that claim is characterized as a tax refund claim.

(2) Paragraph (1) of this subsection may not be construed to affect a buyer’s right to seek a refund under subsection (c) of this section or Title 13, Subtitle 9 of this article.

(f) (1) This subsection does not apply if a marketplace facilitator and a marketplace seller are related entities.

(2) A marketplace facilitator is not liable for a failure to collect the correct amount of sales and use tax due under this section if the marketplace facilitator demonstrates to the satisfaction of the Comptroller that the failure was the result of insufficient or incorrect information provided by the marketplace seller.

(g) Nothing in this section affects the obligation of a buyer to remit the applicable sales and use tax for any taxable sale for which a marketplace facilitator fails to collect and remit the applicable sales and use tax.

(h) (1) A marketplace facilitator and marketplace seller may apply to the Comptroller for a waiver of the collection requirement under this section if:

(i) the marketplace seller is a communications company that is publicly traded or is controlled, directly or indirectly, by a company that is publicly traded;

(ii) the marketplace facilitator and marketplace seller enter into an agreement that the marketplace seller will collect and remit all applicable sales and use taxes imposed under this title; and

(iii) the marketplace seller provides evidence to the marketplace facilitator that the marketplace seller is licensed under § 11–702 of this title to engage in the business of an out–of–state vendor in the State or a retail vendor in the State.

(2) If the waiver under paragraph (1) of this subsection is authorized:

(i) the marketplace seller subject to the agreement under paragraph (1) of this subsection shall collect and remit the sales and use tax imposed under this title;

(ii) the marketplace facilitator is not required to collect or remit the sales and use tax imposed under this title; and

(iii) the marketplace facilitator is not liable for the failure of a marketplace seller to collect and remit any sales and use tax imposed under this title.

(3) The Comptroller shall adopt regulations that establish:

(i) the criteria for obtaining a waiver under this subsection; and

(ii) the process and procedure to apply for a waiver.

(i) (1) If the Comptroller conducts an audit for compliance with this section, the Comptroller may audit only the marketplace facilitator for sales made by a marketplace seller that are facilitated by the marketplace facilitator.

(2) The Comptroller may not audit the marketplace seller for sales facilitated by the marketplace facilitator for which the marketplace facilitator collected or should have collected the sales and use tax due.
Md. Code, Correctional Services § 11-606 — MD Code / Article gcs / Title 11 / Subtitle 6 / Section 11-606
§11–606.
Status: in_force

(a) If an incarcerated individual violates a condition imposed for the incarcerated individual’s conduct, custody, or employment, the incarcerated individual shall be returned to the court.

(b) The court may:

(1) require that the balance of the incarcerated individual’s sentence be served in actual confinement; and

(2) cancel any earned diminution of the incarcerated individual’s term of confinement.
Md. Code, Real Property § 11-123 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-123
§11–123.
Status: in_force

(a) Except in the case of a taking of all the units by eminent domain under § 11-112 of this title, a condominium may be terminated only by agreement of unit owners of units to which at least 80 percent of the votes in the council of unit owners are allocated, or any larger percentage the declaration specifies. The declaration may specify a smaller percentage only if all of the units in the condominium are restricted exclusively to nonresidential uses.

(b) An agreement of unit owners to terminate a condominium must be evidenced by their execution of a termination agreement or ratifications thereof. If, pursuant to a termination agreement, the real estate constituting the condominium is to be sold following termination, the termination agreement must set forth the terms of the sale. A termination agreement and all ratifications thereof must be recorded in every county in which a portion of the condominium is situated, and is effective only upon recordation.

(c) The council of unit owners, on behalf of the unit owners, may contract for the sale of the condominium, but the contract is not binding on the unit owners until approved pursuant to subsections (a) and (b) of this section. If the real estate constituting the condominium is to be sold following termination, title to that real estate, upon termination, vests in the council of unit owners as trustee for the holders of all interest in the units. Thereafter, the council of unit owners has all powers necessary and appropriate to effect the sale. Until the sale has been concluded and the proceeds thereof distributed, the council of unit owners continues in existence with all powers it had before termination. Proceeds of the sale shall be distributed to unit owners and lien holders as their interests may appear, in proportion to the respective interests of unit owners as provided in subsection (f) of this section. Unless otherwise specified in the termination agreement, as long as the council of unit owners holds title to the real estate, each unit owner and his successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted his unit. During the period of that occupancy, each unit owner and his successors in interest remain liable for all assessments and other obligations imposed on unit owners by this title or the declaration.

(d) If the real estate constituting the condominium is not to be sold following termination, title to the real estate, upon termination, vests in the unit owners as tenants in common in proportion to their respective interests as provided in subsection (f) of this section, and liens on the units shift accordingly. While the tenancy in common exists, each unit owner and his successors in interest have an exclusive right to occupancy of the portion of the real estate that formerly constituted his unit.

(e) Following termination of the condominium, and after payment of or provision for the claims of the creditors of the council of unit owners, the assets of the council of unit owners shall be distributed to unit owners in proportion to their respective interests as provided in subsection (f) of this section. The proceeds of sale described in subsection (c) of this section and held by the council of unit owners as trustee are not assets of the council of unit owners.

(f) The respective interests of unit owners referred to in subsections (c), (d), and (e) of this section are as follows:

(1) Except as provided in paragraph (2) of this subsection, the respective interests of unit owners are the fair market values of their units, limited common elements, and common element interests immediately before the termination, as determined by one or more independent appraisers selected by the council of unit owners. The decision of the independent appraisers shall be distributed to the unit owners and becomes final unless disapproved within 30 days after distribution by unit owners of units to which 25 percent of the votes are allocated. The proportion of any unit owner’s interest to that of all unit owners is determined by dividing the fair market value of that unit owner’s unit and common element interest by the total fair market values of all the units and common elements.

(2) If any unit or any limited common element is destroyed to the extent that an appraisal of the fair market value thereof prior to destruction cannot be made, the interests of all unit owners are their respective common element interests immediately before the termination.

(g) Foreclosure or enforcement of a lien or encumbrance against the entire condominium does not of itself terminate the condominium, and foreclosure or enforcement of a lien or encumbrance against a portion of the condominium does not withdraw that portion from the condominium.
Md. Code, Alcoholic Beverages and Cannabis § 11-2703 — MD Code / Article gab / Title 11 / Subtitle 27 / Section 11-2703
§11–2703.
Status: in_force

(a) A license holder or an employee of a license holder who is charged with a violation of § 6–307 of this article:

(1) shall receive a summons to appear in court on a certain day to answer the charges placed against the license holder or employee; and

(2) may not be required to post bail pending trial in any court in the State.

(b) The Board may not proceed against a license holder for a violation of § 6–307 of this article if the license holder or an employee of the license holder is found not guilty of, or granted probation before judgment for, the violation.
Md. Code, Health Occupations § 11-302.1 — MD Code / Article gho / Title 11 / Subtitle 3 / Section 11-302.1
§11–302.
Status: in_force

§11–302.1.

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

(b) An applicant shall apply to the Central Repository for a State and national criminal history records check.

(c) As part of an application to the Central Repository for a State and national criminal history records check, an applicant shall complete and submit to the Central Repository:

(1) A complete set of legible fingerprints taken in a format approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

(2) The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

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

(d) In accordance with §§ 10–201 through 10–229 of the Criminal Procedure Article, the Central Repository shall forward to the Board and the individual the individual’s criminal history record information.

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

(1) Is confidential;

(2) May not be redisseminated; and

(3) Shall be used only for the licensing purpose authorized by this title.

(f) The subject of a criminal history records check under this section may contest the contents of the criminal history record information issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.

(g) If criminal history record information is reported to the Central Repository after the date of the initial criminal history records check, the Central Repository shall provide to the Board and the individual revised criminal history record information for the individual.
Md. Code, Agriculture § 11-302 — MD Code / Article gag / Title 11 / Subtitle 3 / Section 11-302
§11–302.
Status: in_force

(a) Any weight and measure conforming with the standards of the United States for primary standards or otherwise obtained by the State for use as primary standards shall be the State primary standards of weights and measures if approved by the National Institute of Standards and Technology.

(b) The State primary standards shall be maintained in a safe and suitable place in the laboratory of the office of the Secretary and may not be removed from the laboratory, except for repairs or for calibration.

(c) The traceability of the State primary standards to the United States prototype standards kept by the National Institute of Standards and Technology shall be verified at least once every ten years.

(d) All secondary standards procured for the enforcement of this title shall be calibrated and verified as accurate according to the State primary standards. Traceability to the State primary standards and services of the laboratory facilities may be made available to any interested person. The Secretary may adopt rules and regulations establishing procedures and reasonable fees for this service.
Md. Code, Tax - General § 11-1A-01 — MD Code / Article gtg / Title 11 / Subtitle 1A / Section 11-1A-01
§11–1A–01.
Status: in_force

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

(b) (1) “On-site generated electricity” means electricity that is generated at a facility:

(i) the owner of which is an electric consumer that, together with any tenants of the owner, consumes at least 80% of the electricity generated by the facility each year; and

(ii) that is operated by the owner or a designee of the owner.

(2) “On-site generated electricity” does not include electricity generated at a facility that is owned by more than one person or governmental entity unless the ownership of the facility and the ownership of the building or machinery and equipment that consumes the electricity is substantially the same, as determined under regulations that the Comptroller adopts.

(c) “Owner” means the person or governmental entity that has a capital investment in a facility and that for federal income tax purposes is entitled to deduct depreciation on the facility or would be entitled to the deduction if subject to the federal income tax.

(d) “Public service company” has the meaning stated in § 8-401 of this article.

(e) “Special use tax on electricity” means the tax imposed under this subtitle.
Md. Code, Insurance § 11-404 — MD Code / Article gin / Title 11 / Subtitle 4 / Section 11-404
§11–404.
Status: in_force

(a) (1) Unless the Commissioner finds that a filing does not meet the requirements of this subtitle or is otherwise contrary to law, the Commissioner shall approve the filing.

(2) As soon as reasonably possible after a filing is made, the Commissioner shall approve or disapprove the filing in writing.

(3) If the Commissioner disapproves a filing, the Commissioner shall specify the ways that the Commissioner finds that the filing fails to meet the requirements of this subtitle or is otherwise contrary to law.

(b) (1) This subsection does not apply to filings by a rating organization on behalf of title insurers that are members or subscribers of the rating organization.

(2) If a filing is not disapproved by the Commissioner within 15 days after the date of filing, or within 30 days after the date of filing if the Commissioner extends the waiting period in writing during the initial 15–day period, the filing is deemed approved and the effective date of the filing is the end of the 15–day or 30–day waiting period.

(c) (1) The Commissioner shall hold a hearing to review the approval or disapproval of a filing under this section if:

(i) after approval of the filing, the Commissioner finds that the filing does not meet the requirements of this subtitle or is otherwise contrary to law;

(ii) a person with an interest in the filing makes a complaint to the Commissioner in writing that sets forth specific and reasonable causes for complaint; or

(iii) a title insurer or a rating organization on behalf of its members or subscribers, on notice of disapproval by the Commissioner under this section, requests a hearing.

(2) A hearing under this subsection shall be held within 30 days after the occurrence of an action specified in paragraph (1) of this subsection.

(3) The Commissioner shall give written notice of the hearing to all interested parties.

(4) The Commissioner may confirm, modify, change, or rescind any previous action, if warranted by the facts shown at the hearing.
Md. Code, Alcoholic Beverages and Cannabis § 11-907 — MD Code / Article gab / Title 11 / Subtitle 9 / Section 11-907
§11–907.
Status: in_force

(a) There is a motel/hotel–restaurant license.

(b) (1) The Board may issue the license to the person owning or leasing a motel–restaurant complex or hotel–restaurant complex that has:

(i) except as provided in paragraph (2) of this subsection, at least $500,000 in capital investment;

(ii) at least 100 rooms; and

(iii) an enclosed dining room in which, at least twice a day, full–course meals are served with patrons ordering from menus.

(2) A concessionaire to whom the food concession of the complex is leased is exempt from the requirement of having at least $500,000 in capital investment.

(c) The license authorizes:

(1) the license holder to sell beer, wine, and liquor to a person at one or more locations, including bars or counters, in the licensed motel–restaurant complex or hotel–restaurant complex for on–premises consumption, including bars and counters; and

(2) the playing of music and dancing.

(d) The annual license fee is $3,600 for each separate establishment.
Md. Code, Tax - General § 11-703 — MD Code / Article gtg / Title 11 / Subtitle 7 / Section 11-703
§11–703.
Status: in_force

An applicant for a license to engage in the business of an out–of–state vendor, to engage in the business of a retail vendor, or to engage in the business of a marketplace facilitator shall submit an application to the Comptroller:

(1) for each place of business in the State where the applicant sells tangible personal property, a digital code, a digital product, or a taxable service;

(2) if the applicant has no fixed place of business and sells from 1 or more vehicles, for each vehicle; or

(3) if the applicant has no fixed place of business and does not sell from a vehicle, for the place designated as the address to which notices are to be mailed.
Md. Code, Financial Institutions § 11-502 — MD Code / Article gfi / Title 11 / Subtitle 5 / Section 11-502
§11–502.
Status: in_force

(a) In this section, “affiliate” means any company that controls, is controlled by, or is under common control with an institution described in subsection (c) of this section.

(b) The provisions of this subtitle do not apply to:

(1) Any bank, trust company, savings bank, savings and loan association, or credit union incorporated or chartered under the laws of this State or the United States or any other–state bank having a branch in this State;

(2) Any insurance company authorized to do business in the State;

(3) Any corporate instrumentality of the Government of the United States including:

(i) The Federal Home Loan Mortgage Corporation;

(ii) The Federal National Mortgage Association;

(iii) The Government National Mortgage Association; and

(iv) A trust established by any corporate instrumentality of the Government of the United States for the purpose of acquiring mortgage loans;

(4) Any person who takes back a deferred purchase money mortgage in connection with the sale of:

(i) A dwelling or residential real estate owned by, and titled in the name of, that person; or

(ii) A new residential dwelling that the person built;

(5) A nonprofit charitable organization registered with the Maryland Secretary of State or a nonprofit religious organization;

(6) An employer making a mortgage loan to an employee;

(7) A person making a mortgage loan to a borrower who is the person’s spouse, child, child’s spouse, parent, sibling, grandparent, grandchild, or grandchild’s spouse;

(8) A real estate broker who:

(i) Is licensed in the State; and

(ii) Makes a mortgage loan providing a repayment schedule of 2 years or less to assist the borrower in the purchase or sale of a dwelling or residential real estate through the broker;

(9) A home improvement contractor licensed under the Maryland Home Improvement Law who assigns a mortgage loan without recourse within 30 days after completion of the contract to a person licensed under this subtitle or to an institution that is exempt from this subtitle under item (1), (2), or (10) of this subsection;

(10) A subsidiary or affiliate of an institution described in subsection (c) of this section, which subsidiary or affiliate:

(i) Is subject to audit or examination by a regulatory body or agency of this State or the state where the subsidiary or affiliate maintains its principal office; and

(ii) Files with the Commissioner, prior to making mortgage loans, information sufficient to identify:

1. The correct corporate name of the subsidiary or affiliate;

2. An address and telephone number of a contact person for the subsidiary or affiliate;

3. A resident agent; and

4. Any additional information considered necessary by the Commissioner for protection of the public;

(11) Any employee benefit plan qualified under Internal Revenue Code § 401 or persons acting as fiduciaries with respect to such a plan, making mortgage loans solely to plan participants from plan assets;

(12) Employees acting within the scope of their employment with:

(i) A licensed mortgage lender; or

(ii) A person who is exempt from licensure under this subtitle; or

(13) A passive trust.

(c) The exemption in subsection (b)(10) of this section applies to subsidiaries and affiliates of:

(1) Any bank, trust company, savings bank, savings and loan association, or credit union incorporated or chartered under the laws of this State; or

(2) Any other–state bank, as that term is defined in § 5–1001 of this article, having a branch that accepts deposits in this State.

(d) The exemptions provided in subsection (b) of this section do not apply to any person who has been denied a license to engage in business as a mortgage lender or real estate broker or whose license to engage in such activities has been suspended or revoked within the 3 immediately preceding calendar years.
Md. Code, Insurance § 11-202 — MD Code / Article gin / Title 11 / Subtitle 2 / Section 11-202
§11–202.
Status: in_force

(a) (1) This subtitle applies to all types of insurers.

(2) Except as provided in subsection (b) of this section, this subtitle applies to:

(i) property insurance;

(ii) casualty insurance;

(iii) surety insurance;

(iv) marine insurance; and

(v) wet marine and transportation insurance.

(b) This subtitle does not apply to:

(1) reinsurance, except as provided in § 11–222 of this subtitle;

(2) insurance of vessels or craft or their cargoes, marine protection and indemnity insurance, or insurance of other risks commonly insured under policies of marine insurance, as distinguished from inland marine insurance;

(3) insurance against loss of or damage to aircraft including their accessories and equipment, or insurance against liability, other than workers’ compensation insurance or employer’s liability insurance, arising out of the ownership, maintenance, or use of aircraft; or

(4) title insurance, except for §§ 11–218 through 11–227 of this subtitle.

(c) If a kind of insurance, subdivision or combination of kinds of insurance, or type of coverage is subject to this subtitle and is also subject to regulation by another rate regulatory provision of the statutes of the State, an insurer to which both provisions are otherwise applicable shall file with the Commissioner a designation as to which rate regulatory provision is applicable to it with respect to that kind of insurance, subdivision or combination of kinds of insurance, or type of coverage.
Md. Code, State Government § 11-509 — MD Code / Article gsg / Title 11 / Subtitle 5 / Section 11-509
§11–509.
Status: in_force

(a) If a joint hearing is to be held, the local government that approved the request for the joint hearing shall set the time, date, and place of the hearing, as provided in this section.

(b) The joint hearing shall be held in the county where the local government is located.

(c) The joint hearing shall be held no less than 30 days and no more than 90 days after the notices required under § 11-508(a)(2) of this subtitle have been given.
Md. Code, Real Property § 11B-112 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-112
§11B–112.
Status: in_force

(a) (1) (i) Subject to the provisions of paragraph (2) of this subsection, all books and records kept by or on behalf of the homeowners association shall be made available for examination or copying, or both, by a lot owner, a lot owner’s mortgagee, or their respective duly authorized agents or attorneys, during normal business hours, and after reasonable notice.

(ii) Books and records required to be made available under subparagraph (i) of this paragraph shall first be made available to a lot owner no later than 15 business days after a lot is conveyed by the declarant and the lot owner requests to examine or copy the books and records.

(iii) If a lot owner requests in writing a copy of financial statements of the homeowners association or the minutes of a meeting of the governing body of the homeowners association to be delivered, the governing body of the homeowners association shall compile and send the requested information by mail, electronic transmission, or personal delivery:

1. Within 21 days after receipt of the written request, if the financial statements or minutes were prepared within the 3 years immediately preceding receipt of the request; or

2. Within 45 days after receipt of the written request, if the financial statements or minutes were prepared more than 3 years before receipt of the request.

(2) Books and records kept by or on behalf of a homeowners association may be withheld from public inspection, except for inspection by the person who is the subject of the record or the person’s designee or guardian, to the extent that they concern:

(i) Personnel records, not including information on individual salaries, wages, bonuses, and other compensation paid to employees;

(ii) An individual’s medical records;

(iii) An individual’s personal financial records, including assets, income, liabilities, net worth, bank balances, financial history or activities, and creditworthiness;

(iv) Records relating to business transactions that are currently in negotiation;

(v) The written advice of legal counsel; or

(vi) Minutes of a closed meeting of the governing body of the homeowners association, unless a majority of a quorum of the governing body of the homeowners association that held the meeting approves unsealing the minutes or a recording of the minutes for public inspection.

(b) (1) (i) Except as otherwise provided in this subsection, the homeowners association may impose a reasonable charge on a person desiring to review or copy the books and records or who requests delivery of information.

(ii) The homeowners association may not impose any charges under this section other than those authorized under subparagraph (i) of this paragraph.

(2) A lot owner may not be charged for:

(i) Examining the financial statements of the homeowners association in person where the financial statements are maintained in accordance with subsection (a)(1)(i) of this section, unless the financial statements are located in a depository; or

(ii) Receiving the financial statements of the homeowners association through electronic transmission in accordance with subsection (a)(1)(iii) of this section.

(3) A charge imposed under paragraph (1) of this subsection for copying books and records may not exceed the limits authorized under Title 7, Subtitle 2 of the Courts Article.

(c) (1) Each homeowners association that was in existence on June 30, 1987 shall deposit in the depository by December 31, 1988, and each homeowners association established subsequent to June 30, 1987 shall deposit in the depository by the later of the date 30 days following its establishment, or December 31, 1988, all disclosures, current to the date of deposit, specified:

(i) By § 11B–105(b) of this title except for those disclosures required by paragraphs (6)(i), (8), (9), and (12);

(ii) By § 11B–106(b) of this title except for those disclosures required by paragraphs (1), (2), (4), and (5)(i); and

(iii) By § 11B–107(b) of this title.

(2) Beginning January 1, 1989, within 30 days of the adoption of or amendment to any of the disclosures required by this title to be deposited in the depository, a homeowners association shall deposit the adopted or amended disclosures in the depository.

(3) If a homeowners association fails to deposit in the depository any of the disclosures required to be deposited by this section, or by § 11B–105(b)(6)(ii) or § 11B–106(b)(5)(ii) of this title, then those disclosures which were not deposited shall be unenforceable until the time they are deposited.
Md. Code, Local Government § 11-505 — MD Code / Article glg / Title 11 / Subtitle 5 / Section 11-505
§11–505.
Status: in_force

(a) (1) Before adopting rules and regulations under § 11–503 of this subtitle, the county commissioners shall hold a public hearing.

(2) The rules or regulations are not valid unless a public hearing is held as advertised.

(b) The county commissioners shall publish notice of the time and place of the public hearing in a newspaper of general circulation in the county once a week for not less than 4 successive weeks.
Md. Code, Business Regulation § 11-618 — MD Code / Article gbr / Title 11 / Subtitle 6 / Section 11-618
§11–618.
Status: in_force

A licensee whose average handle is $125,000 or less is exempt from paying 0.25% of each mutuel pool to the Maryland Harness Track Employees Pension Fund.
Md. Code, Business Regulation § 11-513 — MD Code / Article gbr / Title 11 / Subtitle 5 / Section 11-513
§11–513.
Status: reserved

(a) Except as otherwise provided in this section, the Commission shall hold a public hearing before the Commission awards, for racing at a particular track, racing days that:

(1) total at least 3 more than those awarded for racing at that track in the previous calendar year; or

(2) result from the transfer of racing days to that track from another track in the same year.

(b) The Commission shall:

(1) hold the hearing not more than 10 miles from the track where the racing is to be held; and

(2) allow any person to testify.

(c) The Commission:

(1) at least 15 days before the hearing, shall have notice of the hearing published in at least 1 newspaper with a substantial circulation in the county where the track is located; and

(2) shall try to give notice of the hearing to any public unit or private organization that has made a written request for notice.

(d) (1) If the transfer of racing days from one track to another becomes necessary due to fire, flood, mechanical failure, or any other similar circumstance deemed by the Commission to constitute an emergency:

(i) the racing days may be transferred immediately; and

(ii) as soon as practicable, the Commission shall provide notice of a hearing and conduct a hearing pursuant to subsection (c) of this section.

(2) As soon as the track and the facilities of the licensee from which race days were transferred under paragraph (1) of this subsection are in a condition to continue racing and pari–mutuel betting, any remaining days of the meet that was being conducted when the days were transferred shall be held at the track from which the days were transferred.
Md. Code, Financial Institutions § 11-604 — MD Code / Article gfi / Title 11 / Subtitle 6 / Section 11-604
§11–604.
Status: in_force

(a) (1) To apply for a license, an applicant shall:

(i) Complete, sign, and submit to the Commissioner an application made under oath in the form, and in accordance with the process, that the Commissioner requires; and

(ii) Provide all information as requested by the Commissioner.

(2) The applicant shall comply with all conditions and provisions of the application for a license.

(b) With each application, the applicant shall pay to the Commissioner:

(1) A nonrefundable investigation fee set by the Commissioner; and

(2) A nonrefundable license fee set by the Commissioner.

(c) In addition to the license fee required under subsection (b)(2) of this section, an applicant for an initial license shall pay to the Nationwide Mortgage Licensing System and Registry any fees that the Nationwide Mortgage Licensing System and Registry imposes in connection with the application.

(d) In connection with an initial application for a license under this section and at any other time the Commissioner requests, an applicant or licensee shall provide to the Nationwide Mortgage Licensing System and Registry information concerning the applicant’s identity, including:

(1) Fingerprints for submission to the Federal Bureau of Investigation, and any other governmental agency or entity authorized to receive this information for a state, national, or international criminal history background check; and

(2) Personal history and experience in a form prescribed by the Nationwide Mortgage Licensing System and Registry, including the submission of authorization for the Nationwide Mortgage Licensing System and Registry and the Commissioner to obtain:

(i) An independent credit report from a consumer reporting agency described in the federal Fair Credit Reporting Act, 15 U.S.C. § 1681a(p); and

(ii) Information related to any administrative, civil, or criminal findings by any governmental jurisdiction.

(e) To implement this subtitle, the Commissioner may use the Nationwide Mortgage Licensing System and Registry as a channeling agent to request information from and distribute information to the Department of Justice, any other governmental agency with subject matter jurisdiction, and any other state licensing entity that has loan originators registered with the Nationwide Mortgage Licensing System and Registry.

(f) An applicant or licensee who is required to provide fingerprints under subsection (d) of this section shall pay any processing or other fees required by the Federal Bureau of Investigation and the Nationwide Mortgage Licensing System and Registry.

(g) The Commissioner may request from the Federal Bureau of Investigation or the Nationwide Mortgage Licensing System and Registry, as applicable, for each applicant or licensee who is required to provide fingerprints under subsection (d) of this section:

(1) (i) The state, national, or international criminal history records of the applicant or licensee; and

(ii) A printed statement listing any conviction or other disposition of, and any plea of guilty or nolo contendere to, any criminal charge;

(2) (i) An update of the initial criminal history records check or criminal history background check of the applicant or licensee; and

(ii) A revised statement listing any conviction or other disposition of, and any plea of guilty or nolo contendere to, any criminal charge occurring after the date of the initial criminal history records check or criminal history background check; and

(3) An acknowledged receipt of the application for a criminal history records check or criminal history background check of the applicant or licensee.
Md. Code, Real Property § 11-139.2 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-139.2
§11–139.
Status: in_force

§11–139.2.

(a) Notwithstanding language contained in the governing documents of the council of unit owners, the board of directors of the council of unit owners may authorize unit owners to submit a vote or proxy by electronic transmission if the electronic transmission contains information that verifies that the vote or proxy is authorized by the unit owner or the unit owner’s proxy.

(b) If the governing documents of the council of unit owners require voting by secret ballot and the anonymity of voting by electronic transmission cannot be guaranteed, voting by electronic transmission shall be permitted if unit owners have the option of casting anonymous printed ballots.
Md. Code, Health Occupations § 11-315 — MD Code / Article gho / Title 11 / Subtitle 3 / Section 11-315
§11–315.
Status: in_force

(a) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 11-313 of this subtitle, it shall give the licensee against whom the action is contemplated an opportunity for a hearing before the Board.

(b) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

(c) The individual may be represented at the hearing by counsel.

(d) The Board may issue subpoenas in connection with any investigation of charges under § 11-313 of this subtitle or proceeding under this section.

(e) If after due notice the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
Md. Code, Commercial Law § 11-601 — MD Code / Article gcl / Title 11 / Subtitle 6 / Section 11-601
§11–601.
Status: reserved

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

(b) “Container” means a liquefied petroleum gas container.

(c) “Liquefied petroleum gas” means any material which is composed predominately of any of the following hydrocarbons or mixtures of them:

(1) Propane;

(2) Propylene;

(3) Normal butane;

(4) Isobutane; or

(5) Butylenes.

(d) “Mark” includes any name, initial, or other device.

(e) “Marked container” means a container which bears on its surface in plainly legible characters the mark of its owner.

(f) “Owner” means:

(1) Any person who holds a written bill of sale under which title or ownership to a container was transferred to him; or

(2) Any manufacturer of a container who has not transferred ownership of the container under a written bill of sale.

(g) “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.
Md. Code, Transportation § 11-104.1 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-104.1
§11–104.
Status: in_force

§11–104.1.

“Boat trailer” means a vehicle that is:

(1) Designed and constructed to transport a boat used for recreational purposes; and

(2) Of a size and weight that does not require a special highway movement permit when towed by a motor vehicle.
Md. Code, Commercial Law § 11-707 — MD Code / Article gcl / Title 11 / Subtitle 7 / Section 11-707
§11–707.
Status: in_force

This subtitle does not modify any right of a person in private litigation.
Md. Code, Insurance § 11-206 — MD Code / Article gin / Title 11 / Subtitle 2 / Section 11-206
§11–206.
Status: in_force

(a) (1) Except as otherwise provided in this section, each insurer shall file with the Commissioner all rates, supplementary rate information, policy forms, and endorsements and all modifications of rates, supplementary rate information, policy forms, and endorsements that the insurer proposes to use.

(2) Each filing shall state its proposed effective date and shall indicate the character and extent of the coverage contemplated.

(b) (1) (i) If a filing is not accompanied by the information on which the insurer supports the filing and the Commissioner does not have sufficient information to determine whether the filing meets the requirements of this subtitle, the Commissioner shall require the insurer to provide supporting information for the filing within 60 days.

(ii) If the Commissioner requires the filer to provide supporting information, the waiting period under subsection (g) of this section begins on the date the supporting information is provided.

(2) The information provided in support of a filing may include:

(i) the judgment of the filer;

(ii) the filer’s interpretation of any statistical data relied on;

(iii) the experience of other filers; and

(iv) any other relevant factors.

(c) Each filing shall include the experience of the filer.

(d) A filing and any supporting information shall be open to public inspection as soon as filed.

(e) An insurer may satisfy its obligation to make filings by:

(1) being a member of or subscriber to a licensed rating organization that makes filings; and

(2) authorizing the Commissioner to accept filings on its behalf from the rating organization.

(f) The Commissioner shall review each filing as soon as reasonably possible after it is made to determine whether it meets the requirements of this subtitle.

(g) (1) (i) Except as provided in subsections (h) and (i) of this section, a filing may not take effect until 30 working days after it is filed with the Commissioner.

(ii) By written notice to the filer during the initial 30–day waiting period that the Commissioner needs additional time for consideration of the filing, the Commissioner may extend the waiting period for an additional period not exceeding 30 working days.

(2) On written application by the filer, the Commissioner may authorize a filing that the Commissioner has reviewed to become effective before the expiration of the waiting period or any extension of the waiting period or at a later date.

(3) A filing is deemed approved unless disapproved by the Commissioner during the waiting period or any extension of the waiting period.

(4) A filing may be withdrawn or amended by the filer at any time before approval.

(5) After approval or disapproval of a filing, the withdrawal or amendment of the filing is subject to the approval of the Commissioner in accordance with this section.

(h) (1) Inland marine risks that by general custom of the business are not written according to manual rates or rating plans need not be filed.

(2) Notwithstanding paragraph (1) of this subsection, specific inland marine rates on risks specially rated by a rating organization shall be filed, become effective when filed, and remain effective until the Commissioner finds the filing does not meet the requirements of this subtitle.

(i) A special filing with respect to a surety or guarantee bond required by law, by court, by executive order, or by order, rule, or regulation of a public body, not covered by a previous filing shall become effective when filed and remain effective until the Commissioner finds that the filing does not meet the requirements of this subtitle.

(j) (1) In this subsection, “exempt commercial policyholder” means a person that:

(i) pays annual aggregate property and casualty premiums for commercial insurance policies issued in the State during the current or preceding calendar year of $25,000 or more; and

(ii) meets any two of the following criteria:

1. generates annual revenues or sales in excess of $5,000,000;

2. possesses a net worth in excess of $2,500,000;

3. employs at least 25 full–time employees;

4. is a nonprofit organization or public body with an annual budget of at least $5,000,000; or

5. is a municipal corporation with a population of at least 15,000.

(2) The filing requirements of this section do not apply to rates, supplementary rate information, policy forms, and endorsements and to modifications of rates, supplementary rate information, policy forms, and endorsements issued to an exempt commercial policyholder.

(3) (i) An exempt commercial policyholder must certify in writing, on a form approved by the Commissioner, to the insurer issuing coverage that it meets the criteria necessary for exemption from rate and form filing requirements.

(ii) The certification must include:

1. specific reference to the optional criteria that the insured has satisfied to qualify as an exempt commercial policyholder;

2. information required by the Commissioner for the purpose of determining the annual aggregate premiums of the insured for purposes of paragraph (1)(i) of this subsection; and

3. an acknowledgment by the insured that the rate, supplementary rate information, policy form, endorsement, or modification intended for use has not been filed with the Commissioner.

(4) This subsection does not apply to the filing of workers’ compensation insurance rate and policy forms.

(5) The Commissioner may require, by regulation, that insurers provide information to the Administration on the number and types of policies written for exempt commercial policyholders under this subsection.

(6) On written request of the Commissioner, an insurer shall file with the Commissioner a form or endorsement issued to an exempt commercial policyholder.

(7) Except for the exemption from rate and form filing requirements under this section, a rate, supplementary rate information, form, or endorsement issued to an exempt commercial policyholder is subject to all applicable provisions of this article.
Md. Code, Criminal Procedure § 11-705 — MD Code / Article gcp / Title 11 / Subtitle 7 / Section 11-705
§11–705.
Status: in_force

(a) In this section, “resident” means a person who has a home or other place where the person habitually lives located in this State when the person:

(1) is released;

(2) is granted probation;

(3) is granted a suspended sentence;

(4) receives a sentence that does not include a term of imprisonment; or

(5) is released from the juvenile court’s jurisdiction under § 3–8A–07 of the Courts Article, if the person was a minor who lived in the State at the time the act was committed for which registration is required.

(b) A registrant shall register with the appropriate supervising authority in the State:

(1) if the registrant was sentenced to a term of imprisonment before the date that the registrant is released; or

(2) within 3 days of the date that the registrant:

(i) is granted probation before judgment;

(ii) is granted probation after judgment;

(iii) is granted a suspended sentence; or

(iv) receives a sentence that does not include a term of imprisonment;

(3) if the registrant was a resident who was a minor at the time the act was committed for which registration is required, within 3 days after the juvenile court’s jurisdiction over the person terminates under § 3–8A–07 of the Courts Article;

(4) if the registrant moves into the State, within 3 days after the earlier of the date that the registrant:

(i) establishes a temporary or permanent residence in the State;

(ii) begins to habitually live in the State; or

(iii) applies for a driver’s license in the State; or

(5) if the registrant is not a resident, within 3 days after the registrant:

(i) begins employment in the State;

(ii) registers as a student in the State; or

(iii) enters the State as a transient.

(c) (1) A sex offender shall also register in person with the local law enforcement unit of each county where the sex offender resides within 3 days of:

(i) release from any period of imprisonment or arrest; or

(ii) registering with the supervising authority, if the registrant is moving into this State and the local law enforcement unit is not the supervising authority.

(2) A sex offender may be required to give to the local law enforcement unit more information than required under § 11–706 of this subtitle.

(d) (1) A homeless registrant also shall register in person with the local law enforcement unit in each county where the registrant habitually lives:

(i) within 3 days after the earlier of the date of release or after registering with the supervising authority; and

(ii) within 3 days after entering and remaining in a county.

(2) After initially registering with a local law enforcement unit under this subsection, a homeless registrant shall register once a week in person during the time the homeless registrant habitually lives in the county.

(3) The registration requirements under this subsection are in addition to any other requirements the homeless registrant is subject to according to the registrant’s classification as a tier I sex offender, tier II sex offender, tier III sex offender, or sexually violent predator.

(4) If a registrant who was homeless obtains a fixed address, the registrant shall register with the appropriate supervising authority and local law enforcement unit within 3 days after obtaining a fixed address.

(e) Within 3 days of any change, a registrant shall notify the local law enforcement unit where the registrant most recently registered and each local law enforcement unit where the registrant will reside or habitually live of changes in:

(1) residence;

(2) the county in which the registrant habitually lives;

(3) vehicle or license plate information;

(4) electronic mail or Internet identifiers;

(5) home or cell phone numbers; or

(6) employment.

(f) (1) A registrant who commences or terminates enrollment as a full–time or part–time student at an institution of higher education in the State shall provide notice in person to the local law enforcement unit where the institution of higher education is located within 3 days after the commencement or termination of enrollment.

(2) A registrant who commences or terminates carrying on employment at an institution of higher education in the State shall provide notice in person to the local law enforcement unit where the institution of higher education is located within 3 days after the commencement or termination of employment.

(g) A registrant who is granted a legal change of name by a court shall send written notice of the change to each local law enforcement unit where the registrant resides or habitually lives within 3 days after the change is granted.

(h) A registrant shall notify each local law enforcement unit where the registrant resides or habitually lives at least 21 days prior to leaving the United States to commence residence or employment or attend school in a foreign country.

(i) (1) A registrant shall notify each local law enforcement unit where the registrant resides or habitually lives when the registrant obtains a temporary residence or alters the location where the registrant resides or habitually lives for more than 5 days or when the registrant will be absent from the registrant’s residence or location where the registrant resides or habitually lives for more than 7 days.

(2) Notification under this subsection shall:

(i) be made in writing or in person prior to obtaining a temporary residence, commencing the period of absence, or temporarily altering a location where the registrant resides or habitually lives;

(ii) include the temporary address or detailed description of the temporary location where the registrant will reside or habitually live; and

(iii) contain the anticipated dates that the temporary residence or location will be used by the registrant and the anticipated dates that the registrant will be absent from the registrant’s permanent residence or locations where the registrant regularly resides or habitually lives.

(j) A registrant who establishes a new electronic mail address, computer log–in or screen name or identity, instant–message identity, or electronic chat room identity shall send written notice of the new information to the State registry within 3 days after the electronic mail address, computer log–in or screen name or identity, instant–message identity, or electronic chat room identity is established.
Md. Code, Tax - General § 11-240 — MD Code / Article gtg / Title 11 / Subtitle 2 / Section 11-240
§11–240.
Status: in_force

(a) In this section:

(1) “licensed caterer” means the holder of a food service facility license issued by a county that offers catering services in connection with a specific event; and

(2) “licensed caterer” does not include a food service facility that is primarily engaged in the preparation and service of food to the general public at the facility.

(b) The sales and use tax does not apply to the sale of materials, equipment, or supplies to a licensed caterer if the materials, equipment, or supplies are:

(1) to be used by the caterer to perform a contract for catering services; and

(2) (i) intended for resale by the caterer; and

(ii) to be used directly or predominantly by the caterer in performing a catering contract that includes the provision of food and beverages.
Md. Code, Alcoholic Beverages and Cannabis § 11-1002 — MD Code / Article gab / Title 11 / Subtitle 10 / Section 11-1002
§11–1002.
Status: in_force

(a) There is a barbershop and beauty salon beer and wine license.

(b) The Board may issue the license to a holder of:

(1) a barbershop permit issued under § 4–501 of the Business Occupations and Professions Article; or

(2) a beauty salon permit issued under § 5–501 of the Business Occupations and Professions Article.

(c) The license authorizes the license holder to provide not more than 12 ounces of beer or 5 ounces of wine by the glass for on–premises consumption by a barbershop or beauty salon customer:

(1) when the customer is being provided:

(i) a barbering service under Title 4 of the Business Occupations and Professions Article; or

(ii) a cosmetology service under Title 5 of the Business Occupations and Professions Article; or

(2) while the customer is attending a fund–raising event at the barbershop or beauty salon.

(d) A license holder may serve beer and wine for on–premises consumption during normal business hours but not later than 9 p.m.

(e) A license holder need not obtain a Sunday license under § 11–2004 of this title to provide beer and wine on Sunday.

(f) The annual license fee is $100.
Md. Code, Education § 11-1105 — MD Code / Article ged / Title 11 / Subtitle 11 / Section 11-1105
§11–1105.
Status: in_force

(a) To be eligible for participation in the Program, a nonprofit organization shall:

(1) Be located in the State;

(2) Have a contract or memorandum of understanding with a local school system or an institution of higher education or must establish one if one does not exist; and

(3) Demonstrate an equal match for funds requested.

(b) A nonprofit organization that receives funding through the Program shall:

(1) Submit data on outreach programs;

(2) Track student progress through the higher education system; and

(3) Submit annual reports to the Commission on or before October 1 following the fiscal year in which funds were received.
Md. Code, Alcoholic Beverages and Cannabis § 11-803 — MD Code / Article gab / Title 11 / Subtitle 8 / Section 11-803
§11–803.
Status: in_force

(a) There is a Class C beer and light wine license.

(b) The license authorizes the license holder to sell beer and light wine to a member of a club and a guest of the member, at retail, at the place described in the license, for on–premises consumption.

(c) The annual license fee is $120.
Md. Code, Commercial Law § 11-1101 — MD Code / Article gcl / Title 11 / Subtitle 11 / Section 11-1101
§11–1101.
Status: reserved

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

(b) (1) “Advertise” means to publish, circulate, disseminate, or place before the public through any print or broadcast medium for the purpose of the sale of goods or services.

(2) “Advertise” includes to advertise by outside or inside signs, handbills, or price tags.

(c) (1) “Distress sale” means a sale that is conducted and represented through advertising that the sale is being held or required for reasons of:

(i) Economic or business distress;

(ii) Inability to continue business at the same location; or

(iii) Any expression that conveys to the public the information or belief that on disposal of the goods, the business will cease, be discontinued, vacated, transferred, or surrendered to a successor in business or a different principal owner and conducted under a new name.

(2) “Distress sale” includes:

(i) A “going out of business sale”, “closing out sale”, “liquidation sale”, “lost our lease sale”, or “must vacate sale”; or

(ii) A sale of goods damaged by fire, smoke, or water.

(d) (1) “Person” means an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(2) “Person” includes a liquidation service.
Md. Code, Insurance § 11-702 — MD Code / Article gin / Title 11 / Subtitle 7 / Section 11-702
§11–702.
Status: in_force

The Commissioner shall provide information on the Administration’s Web site describing:

(1) the factors that carriers use to determine premium rates for policies or contracts of long–term care insurance; and

(2) the process and factors that the Administration uses in reviewing and approving premium rates for policies or contracts of long–term care insurance.
Md. Code, Transportation § 11-130 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-130
§11–130.
Status: in_force

“Local authority” means a political subdivision or a local board or other body that, under the laws of this State, has authority to enact laws and adopt local police regulations relating to traffic.
Md. Code, Land Use § 11-207 — MD Code / Article glu / Title 11 / Subtitle 2 / Section 11-207
§11–207.
Status: in_force

(a) All fines, penalties, or forfeitures collected by the District Court for zoning violations shall be remitted to the county in which the zoning violation occurred.

(b) If the District Court finds that a person has committed a civil zoning violation, the person shall be liable for the costs of the court proceedings.
Md. Code, Economic Development § 11-410 — MD Code / Article gec / Title 11 / Subtitle 4 / Section 11-410
§11–410.
Status: in_force

(a) The Corporation may establish any accounts that it requires.

(b) The Corporation shall deposit its money into a State or national bank or a federally insured savings and loan association in the State that has a total paid-in capital of at least $1,000,000.

(c) The Corporation may designate the trust department of a State or national bank or of a savings and loan association as a depository to receive securities that the Corporation owns or acquires.

(d) Unless an agreement limits classes of investments, the Corporation may invest its money in bonds or other obligations of, or guaranteed as to principal and interest by, the United States, the State, or a unit or political subdivision of the State.
Md. Code, Labor and Employment § 11-1705 — MD Code / Article gle / Title 11 / Subtitle 17 / Section 11-1705
§11–1705.
Status: in_force

(a) On or before December 1 each year, beginning in 2026, the Program, in conjunction with the Department, shall submit a report on the operation and performance of the Program to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(b) The report required under subsection (a) of this section shall include key performance metrics established by the Department that are aligned with the State strategy and goals for the Program and the progress of the Program against those metrics.
Md. Code, Alcoholic Beverages and Cannabis § 11-1705 — MD Code / Article gab / Title 11 / Subtitle 17 / Section 11-1705
§11–1705.
Status: reserved

(a) A license may not be transferred unless the license holder has actively engaged in the sale of alcoholic beverages as authorized by the license within 1 year before the date of application for transfer.

(b) An attempted transfer of a dormant license not in accordance with this section is void.
Md. Code, Labor and Employment § 11-405 — MD Code / Article gle / Title 11 / Subtitle 4 / Section 11-405
§11–405.
Status: in_force

(a) The Council shall:

(1) advise the Division of Workforce Development and Adult Learning on the apprenticeability of occupations in the State of Maryland;

(2) encourage the establishment of local apprenticeship committees where the committees are needed;

(3) make recommendations regarding the formulation and adoption of standards of apprenticeship which safeguard the welfare of apprentices, being guided, but not controlled, by the standards of apprenticeship recommended by the federal committee on apprenticeship;

(4) require a minimum ratio of one journeyworker regularly employed to one apprentice, consistent with proper supervision, training, and continuity of employment and applicable provisions in collective bargaining agreements;

(5) at the time of or subsequent to registration, recommend a deviation from the minimum ratio requirement for all occupations that are defined by the Secretary as nonhazardous to workers and members of the public;

(6) consider formal written deviation requests from all other occupations;

(7) make recommendations regarding the formulation of policies for the overall apprenticeship program;

(8) make recommendations regarding the registration of standards of apprenticeship of the groups or employers that elect to conform with the provisions of this subtitle;

(9) make recommendations regarding the registration of apprenticeship agreements which conform to the standards of apprenticeship adopted by the Division of Workforce Development and Adult Learning;

(10) recommend the issuance of certificates of completion of apprenticeship to apprentices who are registered with the Division of Workforce Development and Adult Learning when the Division determines that such apprentices have completed successfully their apprenticeship;

(11) seek all information pertaining to apprenticeship training in the State;

(12) prescribe its rules of procedure and duties of the Chairman, Director, and Secretary subject to the provisions of this law; and

(13) perform other advisory functions as the Governor or the Secretary may direct or as may come within the scope of the Council.

(b) (1) No person, firm, or corporation may offer, establish, maintain, or operate an apprenticeship program for any occupation approved by the Division of Workforce Development and Adult Learning as an apprenticeable occupation for which tuition, charges, or fees are charged to or are payable by an enrollee or student, or which is financed in whole or in part by State funds, unless the program is first approved by the Division of Workforce Development and Adult Learning.

(2) (i) The Division of Workforce Development and Adult Learning shall issue a certificate of approval to an applicant operating or proposing to operate the program if the Division of Workforce Development and Adult Learning is satisfied that the conditions of entrance, the qualifications of the administrators and instructors, the content of the program, the facilities, and the financial aspects of the program are adequate and appropriate for the purpose of the program.

(ii) If the Division of Workforce Development and Adult Learning does not issue a certificate of approval to an applicant operating or proposing to operate a program, any person, firm, or corporation whose application is rejected has a right to judicial review under Title 10, Subtitle 2 of the State Government Article.

(3) (i) The Division of Workforce Development and Adult Learning, after notice and hearing, may deregister a program or course if it finds that the program or course has ceased to meet the conditions of approval.

(ii) Any person, association, committee, or organization that operates an apprenticeship program that is deregistered by the Division of Workforce Development and Adult Learning may request a hearing before the United States Department of Labor.

(4) After consulting the Council, the Division of Workforce Development and Adult Learning, after notice and hearing, may adopt rules and regulations for the implementation of this section, including rules and regulations requiring the furnishing of periodic relevant information about approved and proposed programs and the operator or proposed operator of the approved or proposed programs.

(5) Any person, firm, or corporation that knowingly offers, establishes, maintains, or operates a program in violation of this section is guilty of a misdemeanor and, upon conviction, shall be fined not more than $1,000 or be imprisoned for not more than one year, or both.

(6) If recommended by the Council, the Division of Workforce Development and Adult Learning may apply to any court of competent jurisdiction for an injunction restraining violations of this section.

(c) (1) Except as provided in paragraph (2) of this subsection, the Division of Workforce Development and Adult Learning shall accord reciprocal approval to apprentices, apprenticeship programs, and standards that are registered in other states by the United States Department of Labor’s Office of Apprenticeship or a registration agency, if reciprocity is requested by the apprenticeship program sponsor.

(2) The Division of Workforce Development and Adult Learning may not accord reciprocal approval to a program sponsor that does not meet the wage and hour requirements and apprentice ratio standards of the reciprocal state.

(d) (1) On or before December 31 each year, the Division of Workforce Development and Adult Learning shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, the following information for the immediately preceding 5 calendar years:

(i) the completion and enrollment rates of each apprenticeship program registered in the State;

(ii) the age, race, sex or gender identity, county of residence, and program enrollment of each individual enrolled in a registered apprenticeship program;

(iii) the number of:

1. qualified intermediaries registered in the Registered Apprenticeship Qualified Intermediary Program;

2. approved grants and procurements used by the Secretary under § 11–410(c)(3) of this subtitle; and

3. newly registered apprentices and newly registered apprenticeship programs resulting from the Registered Apprenticeship Qualified Intermediary Program;

(iv) the number and value of the incentives awarded under the Maryland Pay Per Apprentice Program;

(v) worker outcomes for each registered apprenticeship program, including:

1. job placement;

2. post–apprenticeship wage rates; and

3. retention and advancement data; and

(vi) any corrective action, including requiring reimbursement of incentives, for failure to meet the requirements of the Maryland Pay Per Apprentice Program established under § 11–607 of this title.

(2) The Division of Workforce Development and Adult Learning shall publish the report required under paragraph (1) of this subsection on the Division of Workforce Development and Adult Learning’s Web site.
Md. Code, Tax - General § 11-408 — MD Code / Article gtg / Title 11 / Subtitle 4 / Section 11-408
§11–408.
Status: in_force

(a) If a buyer is required under Subtitle 2 of this title or by regulation to provide a vendor with evidence of an exemption, the vendor may not recognize the exemption unless the buyer, before the sale is consummated, provides the vendor with:

(1) evidence that the buyer has an exemption certificate; or

(2) the evidence that the Comptroller requires by regulation.

(b) (1) Except as provided in paragraph (3) of this subsection, the duty of a vendor to collect the sales and use tax from a buyer is waived if the buyer provides the vendor with a signed resale certificate that:

(i) is in the form that the Comptroller requires by regulation;

(ii) states the name and address of the buyer;

(iii) 1. provides the Maryland sales and use tax registration number of the buyer; or

2. for the sale of an antique or used collectible, provides a sales and use tax registration number of another state and states that the buyer is an out–of–state vendor who does not engage in the business of an out–of–state vendor, as defined in § 11–701 of this title; and

(iv) contains a statement to the effect that the tangible personal property, digital code, digital product, or taxable service is bought for the purpose of resale.

(2) (i) If a buyer provides a resale certificate with a sales and use tax registration number of another state as provided under paragraph (1)(iii)2 of this subsection, the buyer shall also provide a copy of a sales and use tax registration license issued to the buyer from that state.

(ii) If a buyer is from a state without a sales and use tax, that buyer shall provide a copy of a trader’s license from that state or a comparable type of identification.

(3) (i) A vendor may not accept a resale certificate if the vendor knows or should know that the sale is not for the purpose of resale.

(ii) A vendor may not accept a resale certificate for a cash, check, or credit card sale if:

1. the taxable price is less than $200; and

2. the tangible personal property, digital code, digital product, or taxable service is not delivered by the vendor directly to the buyer’s retail place of business.

(4) A vendor shall obtain a resale certificate from a buyer:

(i) before the sale is consummated; or

(ii) if the vendor receives a notice of the Comptroller’s intent to assess sales and use tax for failure to obtain a proper resale certificate, within 60 days after the date on which the notice is mailed.

(5) If the vendor fails to obtain the resale certificate as required, the Comptroller’s assessment under paragraph (4)(ii) of this subsection is final.

(c) If the taxable price is less than $200 for a cash, check, or credit card sale or sale for use that is not a retail sale and the tangible personal property, digital code, digital product, or taxable service is not delivered by the vendor directly to the buyer’s retail place of business:

(1) the sales and use tax shall be paid when the sale is made or when the use becomes taxable; and

(2) the buyer who pays the sales and use tax may file a claim for a refund with the Comptroller.
Md. Code, Business Regulation § 11-518 — MD Code / Article gbr / Title 11 / Subtitle 5 / Section 11-518
§11–518.
Status: in_force

(a) In this section, “open purse” means any purse, except for one offered in a race funded by the Maryland–Bred Race Fund.

(b) The Commission may direct a deduction from open purse money of 0.25% of all mutuel pools to be paid to the Maryland Backstretch Employees Pension Fund.

(c) Subject to the approval of the Commission, the licensees and an organization that represents a majority of the owners and trainers in the State shall agree on a formula for distributing open purse money.

(d) The formula shall distribute approximately 85% of the open purse money to the overnight races of the current year and approximately 15%, but not more than 17%, to the stakes races of the current year.

(e) The organization that represents a majority of the owners and trainers in the State shall set an amount not less than 1% but not more than 3% that shall be deducted from all open purses and paid to the organization.
Md. Code, Public Utilities § 11-203 — MD Code / Article gpu / Title 11 / Subtitle 2 / Section 11-203
§11–203.
Status: in_force

(a) (1) The Commission may adopt regulations that establish safety standards and practices applicable to the design, construction, operation, and maintenance of intrastate pipeline facilities.

(2) For any intrastate pipeline regulatory program that the Commission establishes under this subtitle, the Commission shall adopt as minimum standards the federal safety standards in Title 49, C.F.R. Parts 195 and 199, as periodically amended.

(3) (i) In collaboration with the American Society of Mechanical Engineers, the Commission shall:

1. establish and adopt by regulation methods and best practices for intrastate pipeline facilities; and

2. require introduction of these methods and best practices as soon as may be practicable.

(ii) The methods shall include quantitative criteria, based on engineering evaluations, to determine whether a wrinkle or other deformity may remain in a pipeline or should be remedied.

(b) (1) The Commission may enter, inspect, and examine, at reasonable times and in a reasonable manner, the records and property of an intrastate pipeline operator to determine whether the pipeline operator is acting in compliance with this subtitle and regulations adopted by the Commission under this subtitle.

(2) The Commission shall inspect each intrastate pipeline at least once each year.

(c) The Commission shall require an intrastate pipeline operator to prepare, maintain, and carry out a written plan for the operation and maintenance of each pipeline facility owned or operated by the intrastate pipeline operator.
Md. Code, Criminal Law § 11-101 — MD Code / Article gcr / Title 11 / Subtitle 1 / Section 11-101
§11–101.
Status: in_force

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

(b) “Advertising purposes” means the purpose of propagandizing in connection with the commercial:

(1) sale of a product;

(2) offering of a service; or

(3) exhibition of entertainment.

(c) “Sadomasochistic abuse” means:

(1) flagellation or torture committed by or inflicted on an individual who is:

(i) nude;

(ii) wearing only undergarments; or

(iii) wearing a revealing or bizarre costume; or

(2) binding, fettering, or otherwise physically restraining an individual who is:

(i) nude;

(ii) wearing only undergarments; or

(iii) wearing a revealing or bizarre costume.

(d) “Sexual conduct” means:

(1) human masturbation;

(2) sexual intercourse;

(3) whether alone or with another individual or animal, any touching of or contact with:

(i) the genitals, buttocks, or pubic areas of an individual; or

(ii) breasts of a female individual; or

(4) lascivious exhibition of the genitals or pubic area of any person.

(e) “Sexual excitement” means:

(1) the condition of the human genitals when in a state of sexual stimulation;

(2) the condition of the human female breasts when in a state of sexual stimulation; or

(3) the sensual experiences of individuals engaging in or witnessing sexual conduct or nudity.
Md. Code, Courts and Judicial Proceedings § 11-503 — MD Code / Article gcj / Title 11 / Subtitle 5 / Section 11-503
§11–503.
Status: in_force

(a) Except in Harford County, if a sheriff is required to sell real or personal property as part of his official duties, he may employ an auctioneer of his choice and charge the costs of the sale to the debtor.

(b) If the Sheriff of Harford County employs an auctioneer, the debtor is primarily liable, but if the proceeds of the sale are insufficient to cover the costs, the creditor is liable for the balance of the costs.
Md. Code, State Government § 11-302 — MD Code / Article gsg / Title 11 / Subtitle 3 / Section 11-302
§11–302.
Status: in_force

(a) The Coordinator shall:

(1) coordinate the administration of this title;

(2) perform the duties set forth in this title; and

(3) carry out the purposes of this title.

(b) The Coordinator shall keep copies of the regulations and application forms that relate to the issuance of development permits by each State unit.

(c) (1) On request, the Coordinator shall give a person or governmental unit proposing a development project:

(i) advice about each development permit that is required for the development project; and

(ii) relevant information about the procedures for obtaining the development permit.

(2) Advice that the Coordinator gives does not constitute a waiver of any requirement for a development permit or of any condition or procedure for the issuance of the development permit.
Md. Code, Real Property § 11-140 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-140
§11–140.
Status: in_force

(a) The intent of the General Assembly of Maryland is to facilitate the orderly development of condominiums in Maryland. The General Assembly recognizes, however, that the conversion of rental dwellings to condominiums can have an adverse impact on the availability of rental units, resulting in the displacement of tenants.

(b) A county or incorporated municipality may, by legislative finding, recognize and declare that a rental housing emergency exists in all or part of its jurisdiction and has been caused by the conversion of rental housing to condominiums. The jurisdiction shall consider and make findings as to:

(1) The nature and incidence of condominium conversions;

(2) The resulting hardship to and displacement of tenants; and

(3) The scarcity of rental housing.

(c) Upon finding and declaration of a rental housing emergency caused by the conversion of rental housing to condominiums, a county or an incorporated municipality may by the enactment of laws, ordinances, and regulations, take the following actions to meet the emergency:

(1) Grant to a designated family as defined in § 11-137 of this title a right to an extended lease for a period in addition to that period provided for in § 11-137 of this title. The right to an extended lease may not, in any event, result in a requirement that a developer set aside for an extended lease more than 20 percent of the total number of units.

(2) Otherwise extend any of the provisions of § 11-137 of this title except that:

(i) More than 20 percent of the total number of units may not be required to be set aside; and

(ii) The term of an extended lease for any family made a designated family by a county or an incorporated municipality may not exceed 3 years.

(3) Require that the notice required to be given under § 11-102.1 of this title be altered to disclose the effects of any actions taken under this section.

(d) Within 10 days of the enactment of a law, ordinance, or regulation under this section, a county or incorporated municipality shall forward a copy of the law, ordinance or regulation to the Secretary of State.
Md. Code, Courts and Judicial Proceedings § 11-102 — MD Code / Article gcj / Title 11 / Subtitle 1 / Section 11-102
§11–102.
Status: in_force

(a) A judgment against less than all partners or persons jointly liable on a contract, agreement, instrument, or any other obligation does not extinguish or merge the cause of action against any other partner or person jointly liable but not bound by the judgment.

(b) If the debt is not completely satisfied, any partner or person jointly liable but not bound by the judgment may be sued as if his original liability had been joint and several.
Md. Code, Commercial Law § 11-1207 — MD Code / Article gcl / Title 11 / Subtitle 12 / Section 11-1207
§11–1207.
Status: in_force

(a) Except as provided in subsection (b) of this section, this subtitle displaces conflicting tort, restitutionary, and other law of this State providing civil remedies for misappropriation of a trade secret.

(b) (1) This subtitle does not affect:

(i) Contractual remedies, whether or not based upon misappropriation of a trade secret;

(ii) Other civil remedies that are not based upon misappropriation of a trade secret; or

(iii) Criminal remedies, whether or not based upon misappropriation of a trade secret.

(2) Nothing contained in this act may be applied or construed to waive or limit any common law or statutory defense or immunity possessed by State personnel as defined under § 12-101 of the State Government Article.
Md. Code, Alcoholic Beverages and Cannabis § 11-201 — MD Code / Article gab / Title 11 / Subtitle 2 / Section 11-201
§11–201.
Status: in_force

There is a Board of License Commissioners for Anne Arundel County.
Md. Code, Real Property § 11-109.4 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-109.4
§11–109.
Status: in_force

§11–109.4.

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

(2) “Reserve study” means a study of the reserves required for future major repairs and replacement of the common elements of a condominium that:

(i) Using an itemized list, identifies each structural, mechanical, electrical, and plumbing component of the common elements and any other components that:

1. Are the responsibility of the council of unit owners to repair and replace; and

2. If applicable, meet a minimum cost of repair or replacement, as determined by the governing body, that is:

A. Reasonably based on the expenses of the condominium; and

B. Not a minor expense that is otherwise addressed by the budget of the condominium;

(ii) States the normal useful life and the estimated remaining useful life of each identified component;

(iii) States the estimated cost of repair or replacement of each identified component;

(iv) States the estimated annual reserve amount necessary to accomplish any identified future repair or replacement; and

(v) States the quantity or size of each identified component using the appropriate measurement, such as unit amount, square footage, or cubic feet.

(3) “Updated reserve study” means, for the common elements since the prior reserve study was completed within the previous 5 years, a study that:

(i) Revises replacement cost, remaining life, and useful life estimates;

(ii) Analyzes work performed and amounts spent; and

(iii) Identifies whether any maintenance contracts are in place.

(b) This section applies only to a residential condominium.

(c) (1) This subsection applies only to a condominium established in:

(i) Prince George’s County on or after October 1, 2020;

(ii) Montgomery County on or after October 1, 2021; or

(iii) Any county other than Prince George’s County or Montgomery County on or after October 1, 2022.

(2) The governing body of the condominium shall have an independent reserve study completed not less than 30 calendar days before the meeting of the council of unit owners required under § 11–109(c)(16) of this title.

(3) The governing body shall have an updated reserve study completed within 5 years after the date of the initial reserve study conducted under paragraph (2) of this subsection and at least every 5 years thereafter.

(d) (1) (i) This paragraph applies only to a condominium established in Prince George’s County before October 1, 2020.

(ii) If the governing body of a condominium has had a reserve study conducted on or after October 1, 2016, the governing body shall have an updated reserve study conducted within 5 years after the date of that reserve study and at least every 5 years thereafter.

(iii) If the governing body of a condominium has not had a reserve study conducted on or after October 1, 2016, the governing body shall have a reserve study conducted on or before October 1, 2021, and an updated reserve study at least every 5 years thereafter.

(2) (i) This paragraph applies only to a condominium established in Montgomery County before October 1, 2021.

(ii) If the governing body of a condominium has had a reserve study conducted on or after October 1, 2017, the governing body shall have an updated reserve study conducted within 5 years after the date of that reserve study and at least every 5 years thereafter.

(iii) If the governing body of a condominium has not had a reserve study conducted on or after October 1, 2017, the governing body shall have a reserve study conducted on or before October 1, 2022, and an updated reserve study at least every 5 years thereafter.

(3) (i) This paragraph applies only to a condominium established in any county other than Prince George’s County or Montgomery County before October 1, 2022.

(ii) If the governing body of a condominium has had a reserve study conducted on or after October 1, 2018, the governing body shall have an updated reserve study conducted within 5 years after the date of that reserve study and at least every 5 years thereafter.

(iii) If the governing body of a condominium has not had a reserve study conducted on or after October 1, 2018, the governing body shall have a reserve study conducted on or before October 1, 2023, and an updated reserve study at least every 5 years thereafter.

(e) Each reserve study and updated reserve study required under this section shall:

(1) Be prepared by a person who:

(i) Has prepared at least 30 reserve studies within the prior 3 calendar years;

(ii) Has participated in the preparation of at least 30 reserve studies within the prior 3 calendar years while employed by a firm that prepares reserve studies;

(iii) Holds a current license from the State Board of Architects or the State Board for Professional Engineers; or

(iv) Is currently designated as a reserve specialist by the Community Association Institute or as a professional reserve analyst by the Association of Professional Reserve Analysts;

(2) Be available for inspection and copying by any unit owner;

(3) Be reviewed by the governing body of the condominium in connection with the preparation of the annual proposed budget; and

(4) Be summarized for submission with the annual proposed budget to the unit owners.

(f) (1) The governing body of a condominium shall, in consultation with a person identified under subsection (e)(1) of this section, develop a funding plan to determine how to fund the reserves necessary under this section.

(2) In developing the funding plan under this subsection, the governing body shall select one of the following methods to achieve the reserve funding under this section:

(i) The component method;

(ii) The cash flow method;

(iii) The baseline funding method;

(iv) The threshold cash flow method; or

(v) Any other funding method consistent with generally accepted accounting principles.

(3) A funding plan developed under this subsection shall prioritize adequate amounts for repair and replacement of common elements of the condominium that are necessary for:

(i) The health, safety, and well–being of the occupants;

(ii) Ensuring structural integrity, such as roofing replacements and maintaining structural systems;

(iii) Essential functioning, such as plumbing, sewer, heating, cooling, and electrical infrastructure; and

(iv) Any other essential or critical purpose, as determined by the governing body.

(4) Reserves may be used for purposes other than those specified in the funding plan if the funds are repaid to the reserve fund within 5 years after their use.

(5) A governing body shall review progress toward compliance with the funding plan developed under this subsection at each annual meeting of the governing body.
Md. Code, Criminal Procedure § 11-701 — MD Code / Article gcp / Title 11 / Subtitle 7 / Section 11-701
§11–701.
Status: in_force

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

(b) “Board” means the Sexual Offender Advisory Board.

(c) “Employment” means an occupation, job, or vocation that is full time or part time for a period exceeding 14 days or for an aggregate period exceeding 30 days during a calendar year, whether financially compensated, volunteered, or for the purpose of government or educational benefit.

(d) (1) “Habitually lives” means any place where a person lives, sleeps, or visits with any regularity, including where a homeless person is stationed during the day or sleeps at night.

(2) “Habitually lives” includes any place where a person visits for longer than 5 hours per visit more than 5 times within a 30–day period.

(e) “Homeless” means having no fixed residence.

(f) “Imprisonment” means incarceration pursuant to a conviction, regardless of the nature of the institution in which the offender serves the sentence.

(g) “Jurisdiction” means a state or a Native American tribe that elects to function as a registration jurisdiction under federal law.

(h) “Local law enforcement unit” means the law enforcement unit in a county that has been designated by resolution of the county governing body as the primary law enforcement unit in the county.

(i) (1) Except as otherwise provided in this subsection, “release” means any type of release from the custody of a supervising authority.

(2) “Release” means:

(i) release on parole;

(ii) mandatory supervision release;

(iii) release from a correctional facility with no required period of supervision;

(iv) work release;

(v) placement on home detention; and

(vi) the first instance of entry into the community that is part of a supervising authority’s graduated release program.

(3) “Release” does not include:

(i) an escape; or

(ii) leave that is granted on an emergency basis.

(j) “Sexually violent offense” means:

(1) a violation of § 3–303, § 3–304, § 3–309, or § 3–310 of the Criminal Law Article, or § 3–305, § 3–306, § 3–311, or § 3–312 of the Criminal Law Article as the sections existed before October 1, 2017;

(2) assault with intent to commit rape in the first or second degree or a sexual offense in the first or second degree as prohibited on or before September 30, 1996, under former Article 27, § 12 of the Code; or

(3) a crime committed in another jurisdiction, federal or military court, or foreign country that, if committed in this State, would constitute one of the crimes listed in item (1) or (2) of this subsection.

(k) “Sexually violent predator” means a person who:

(1) is convicted of a sexually violent offense; and

(2) has been determined in accordance with this subtitle to be at risk of committing another sexually violent offense.

(l) “Sex offender” means a person who has been convicted of:

(1) an offense that would require the person to be classified as a tier I sex offender, tier II sex offender, or tier III sex offender;

(2) an offense committed in another state or in a federal, military, or tribal jurisdiction that, if committed in this State, would require the person to be classified as a tier I sex offender, tier II sex offender, or tier III sex offender; or

(3) an offense in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if committed in this State, would require the person to be classified as a tier I sex offender, tier II sex offender, or tier III sex offender.

(m) “Student” means an individual who is enrolled in or attends an education institution, including a public or private secondary school, trade or professional school, or an institution of higher education.

(n) “Supervising authority” means an agency or person that is responsible for collecting the information for the initial registration of a sex offender and is:

(1) the Secretary, if the registrant is in the custody of a correctional facility operated by the Department;

(2) the administrator of a local correctional facility, if the registrant, including a participant in a home detention program, is in the custody of the local correctional facility;

(3) the court that granted the probation or suspended sentence, except as provided in item (9) of this subsection, if the registrant is granted probation before judgment, probation after judgment, or a suspended sentence;

(4) the Director of the Patuxent Institution, if the registrant is in the custody of the Patuxent Institution;

(5) the Secretary of Health, if the registrant is in the custody of a facility operated by the Maryland Department of Health;

(6) the court in which the registrant was convicted, if the registrant’s sentence does not include a term of imprisonment or if the sentence is modified to time served;

(7) the Secretary, if the registrant is in the State under terms and conditions of the Interstate Compact for Adult Offender Supervision, set forth in Title 6, Subtitle 2 of the Correctional Services Article, or the Interstate Corrections Compact, set forth in Title 8, Subtitle 6 of the Correctional Services Article;

(8) the local law enforcement unit where the sex offender is a resident, is a transient, or habitually lives on moving from another jurisdiction or foreign country that requires registration if the sex offender is not under the supervision, custody, or control of another supervising authority;

(9) the Director of Parole and Probation, if the registrant is under the supervision of the Division of Parole and Probation; or

(10) the Secretary of Juvenile Services, if the registrant was a minor at the time the act was committed for which registration is required.

(o) “Tier I sex offender” means a person who has been convicted of:

(1) conspiring to commit, attempting to commit, or committing a violation of § 3–308 of the Criminal Law Article;

(2) conspiring to commit, attempting to commit, or committing a violation of § 3–902 or § 11–208 of the Criminal Law Article, if the victim is a minor;

(3) a crime committed in a federal, military, tribal, or other jurisdiction that, if committed in this State, would constitute one of the crimes listed in item (1) or (2) of this subsection;

(4) any of the following federal offenses:

(i) misleading domain names on the Internet under 18 U.S.C. § 2252B;

(ii) misleading words or digital images on the Internet under 18 U.S.C. § 2252C;

(iii) engaging in illicit conduct in foreign places under 18 U.S.C. § 2423(c);

(iv) failure to file a factual statement about an alien individual under 18 U.S.C. § 2424;

(v) transmitting information about a minor to further criminal sexual conduct under 18 U.S.C. § 2425;

(vi) sex trafficking by force, fraud, or coercion under 18 U.S.C. § 1591; or

(vii) travel with intent to engage in illicit conduct under 18 U.S.C. § 2423(b);

(5) any military offense specified by the Secretary of Defense under Section 115(A)(8)(C)(i) of Public Law 105–119 (codified at 10 U.S.C. § 951 Note) that is similar to those offenses listed in item (4) of this subsection; or

(6) a crime in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if the crime were committed in this State, would constitute one of the crimes listed in items (1) through (5) of this subsection.

(p) “Tier II sex offender” means a person who has been convicted of:

(1) conspiring to commit, attempting to commit, or committing a violation of § 3–307(a)(4) or (5), § 3–324, § 11–207, or § 11–209 of the Criminal Law Article;

(2) conspiring to commit, attempting to commit, or committing a violation of § 3–1102, § 3–1103, § 11–303, § 11–305, § 11–306, or § 11–307 of the Criminal Law Article, if the intended prostitute or victim is a minor;

(3) conspiring to commit, attempting to commit, or committing a violation of § 3–314 or § 3–603 of the Criminal Law Article, if the victim is a minor who is at least 14 years old;

(4) conspiring to commit, attempting to commit, or committing an offense that would require the person to register as a tier I sex offender after the person was already registered as a tier I sex offender;

(5) a crime that was committed in a federal, military, tribal, or other jurisdiction that, if committed in this State, would constitute one of the crimes listed in items (1) through (3) of this subsection; or

(6) a crime in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if the crime were committed in this State, would constitute one of the crimes listed in items (1) through (3) of this subsection.

(q) “Tier III sex offender” means a person who has been convicted of:

(1) conspiring to commit, attempting to commit, or committing a violation of:

(i) § 2–201(a)(4)(viii), (x), or (xi) of the Criminal Law Article;

(ii) § 3–303, § 3–304, § 3–307(a)(1) or (2), § 3–309, § 3–310, § 3–311, § 3–312, § 3–315, § 3–323, or § 3–602 of the Criminal Law Article;

(iii) § 3–502 of the Criminal Law Article, if the victim is a minor;

(iv) § 3–502 of the Criminal Law Article, if the victim is an adult, and the person has been ordered by the court to register under this subtitle;

(v) the common law offense of sodomy, as that offense existed before October 1, 2020, or § 3–322 of the Criminal Law Article, as that offense existed before October 1, 2023, if the offense was committed with force or threat of force; or

(vi) § 3–305 or § 3–306 of the Criminal Law Article as the sections existed before October 1, 2017;

(2) conspiring to commit, attempting to commit, or committing a violation of § 3–307(a)(3), § 3–314, § 3–503, or § 3–603 of the Criminal Law Article, if the victim is under the age of 14 years;

(3) conspiring to commit, attempting to commit, or committing the common law offense of false imprisonment, if the victim is a minor;

(4) conspiring to commit, attempting to commit, or committing an offense that would require the person to register as a tier I or tier II sex offender after the person was already registered as a tier II sex offender;

(5) a crime committed in a federal, military, tribal, or other jurisdiction that, if committed in this State, would constitute one of the crimes listed in items (1) through (3) of this subsection; or

(6) a crime in a court of Canada, Great Britain, Australia, New Zealand, or any other foreign country where the United States Department of State has determined in its Country Reports on Human Rights Practices that an independent judiciary generally or vigorously enforced the right to a fair trial during the year in which the conviction occurred that, if the crime were committed in this State, would constitute one of the crimes listed in items (1) through (3) of this subsection.

(r) “Transient” means a nonresident registrant who enters a county of this State with the intent to be in the State or is in the State for a period exceeding 14 days or for an aggregate period exceeding 30 days during a calendar year for a purpose other than employment or to attend an educational institution.
Md. Code, Financial Institutions § 11-402 — MD Code / Article gfi / Title 11 / Subtitle 4 / Section 11-402
§11–402.
Status: in_force

The licensing provisions of this subtitle do not apply to any banking institution, national banking association, or other-state bank having a branch in this State.
Md. Code, Commercial Law § 11-110 — MD Code / Article gcl / Title 11 / Subtitle 1 / Section 11-110
§11–110.
Status: in_force

The remedies provided in this subtitle are cumulative.
Md. Code, Tax - General § 11-222 — MD Code / Article gtg / Title 11 / Subtitle 2 / Section 11-222
§11–222.
Status: reserved

The sales and use tax does not apply to a sale of deliverable end item testing equipment that is used to perform a contract for the United States Department of Defense and that, under the terms of the contract, is to be transferred to the federal government, if the contract is awarded as a result of a bid submitted after June 1, 1986.
Md. Code, Real Property § 11-134.1 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-134.1
§11–134.
Status: in_force

§11–134.1.

(a) In this section, “vendor” has the meaning stated in § 10–201 of this article.

(b) This section does not apply to:

(1) A unit that is occupied and used solely for nonresidential purposes;

(2) An agreement or other instrument entered into by a developer or vendor and a council of unit owners for the purpose of settling a disputed claim after the date on which the unit owners, other than the developer and its affiliates, first elect a controlling majority of the members of the board of directors for the council of unit owners; or

(3) An agreement or other instrument entered into by a developer or vendor and a unit owner for the purpose of settling a disputed claim after the date the unit is conveyed to the purchaser of the unit.

(c) (1) Any provision of a declaration, a bylaw, a contract for the initial sale of a unit to a member of the public, or any other instrument made by a developer or vendor in accordance with this title shall be unenforceable if the provision:

(i) Shortens the statute of limitations applicable to any claim;

(ii) Waives the application of the discovery rule or other accrual date applicable to a claim;

(iii) Requires a unit owner or the council of unit owners to assert a claim subject to arbitration within a period of time that is shorter than the statute of limitations applicable to the claim; or

(iv) Operates to prevent a unit owner or the council of unit owners from filing a lawsuit, initiating arbitration proceedings for a claim subject to arbitration, or otherwise asserting a claim within the statute of limitations applicable to the claim.

(2) (i) A board of directors shall disclose to the council of unit owners any agreement by the board of directors for the purpose of settling a disputed common element warranty claim under § 11–131 of this title at least 21 days before the execution of the agreement.

(ii) A nondisclosure provision in an agreement under subparagraph (i) of this paragraph may not prohibit disclosure by the board of directors to the council of unit owners.

(3) Paragraph (1) of this subsection applies only to a provision relating to any right of a unit owner or council of unit owners to bring a claim under applicable law alleging the failure to comply with:

(i) Applicable building codes;

(ii) Plans and specifications approved by a county or municipality;

(iii) Manufacturer’s installation instructions; or

(iv) Warranty provisions under § 10–203 of this article and § 11–131 of this title.
Md. Code, Transportation § 11-139 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-139
§11–139.
Status: in_force

“Nonresident” means any person who is not a resident, as that term is defined in this subtitle.
Md. Code, Insurance § 11-326 — MD Code / Article gin / Title 11 / Subtitle 3 / Section 11-326
§11–326.
Status: in_force

(a) Notwithstanding any other provision of law, any data, documents, or other information filed with the Commissioner under Part IV of this subtitle about a particular insurer or that insurer’s market share or plan:

(1) shall be considered confidential commercial information;

(2) shall be kept confidential by the Commissioner; and

(3) may not be made public or be subject to subpoena, other than by the Commissioner for the purpose of enforcement of Part IV of this subtitle by the Commissioner.

(b) The Commissioner:

(1) may release a list of the names of all insurers designated as major insurers; and

(2) may not release the particular market share of a major insurer in Baltimore City unless authorized by the insurer.
Md. Code, Business Regulation § 11-825 — MD Code / Article gbr / Title 11 / Subtitle 8 / Section 11-825
§11–825.
Status: in_force

(a) A satellite simulcast facility:

(1) shall be in premises owned or leased by a permit holder;

(2) may not be within a 35–mile radius of any mile thoroughbred track or harness track unless approved by the track licensee, the group that represents a majority of the applicable owners and trainers licensed in the State and the group that represents a majority of the applicable breeders in the State, considered separately;

(3) unless the track agrees otherwise, may not operate during hours on those days that racing with pari–mutuel betting is permitted at a racetrack located in this State within a 35–mile radius of the satellite simulcast facility; and

(4) shall offer pari–mutuel betting facilities and amenities that the Commission finds are appropriate for the area where the satellite simulcast facility is located.

(b) (1) A mile thoroughbred racing licensee or a harness racing licensee:

(i) shall own or lease the pari–mutuel betting equipment at a satellite simulcast facility; and

(ii) except as provided in paragraph (2) of this subsection, shall, with its employees, operate the equipment.

(2) (i) In this paragraph, “sports wagering licensee” has the meaning stated in § 9–1E–01 of the State Government Article.

(ii) Subject to the approval of the Commission and the State Lottery and Gaming Control Commission:

1. a self–service kiosk at a satellite simulcast facility that is located in a sports wagering facility may accept both satellite simulcast bets and sports wagers, provided that the kiosk separately accounts for the different types of wagers and meets all specifications and requirements established by regulation by the State Lottery and Gaming Control Commission; and

2. a mile thoroughbred racing licensee or a harness racing licensee may enter into an agreement with a sports wagering licensee authorizing the employees of the sports wagering licensee to operate the pari–mutuel betting equipment and to accept pari–mutuel bets on horse racing in a satellite simulcast facility.

(c) A mile thoroughbred racing licensee or a harness racing licensee shall submit to the Commission all contracts and agreements relating to satellite simulcast betting under this subtitle.

(d) (1) The Commission shall periodically be assured by permit holders that facilities continue to meet the requirements of this section.

(2) (i) The Commission shall inspect satellite simulcast facilities at least four times each year to determine if the permit holders are continuing to comply with the provisions of this section.

(ii) The inspections under this subsection shall include evaluations of the financial and physical conditions of each satellite simulcast facility.

(3) If the Commission finds that a permit holder is not complying with the provisions of this section, the Commission may impose a penalty on the permit holder similar to those penalties levied on licensees as provided under § 11–308 of this title.
Md. Code, Business Regulation § 11-905 — MD Code / Article gbr / Title 11 / Subtitle 9 / Section 11-905
§11–905.
Status: in_force

(a) The Jockey Fund shall use the moneys paid to it under this part to:

(1) get workers’ compensation insurance for jockeys; and

(2) administer the workers’ compensation program for jockeys that is required under this subtitle and the Maryland Workers’ Compensation Act.

(b) The liability of the Jockey Fund under the Maryland Workers’ Compensation Act is limited to:

(1) providing workers’ compensation insurance; and

(2) paying any penalty that results from a failure to provide the insurance.
Md. Code, Criminal Procedure § 11-803 — MD Code / Article gcp / Title 11 / Subtitle 8 / Section 11-803
§11–803.
Status: in_force

The Executive Director may designate a person to carry out the duties of the Executive Director.
Md. Code, Real Property § 11-101 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-101
§11–101.
Status: reserved

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

(b) (1) “Board of directors” means the persons to whom some or all of the powers of the council of unit owners have been delegated under this title or under the condominium bylaws.

(2) “Board of directors” includes any reference to “board”.

(c) (1) “Common elements” means all of the condominium except the units.

(2) “Limited common elements” means those common elements identified in the declaration or on the condominium plat as reserved for the exclusive use of one or more but less than all of the unit owners.

(3) “General common elements” means all the common elements except the limited common elements.

(d) “Common expenses and common profits” means the expenses and profits of the council of unit owners.

(e) “Condominium” means property subject to the condominium regime established under this title.

(f) “Council of unit owners” means the legal entity described in § 11-109 of this title.

(g) “Developer” means any person who subjects his property to the condominium regime established by this title.

(h) “Electronic transmission” means any form of communication, not directly involving the physical transmission of paper, that creates a record that:

(1) May be retained, retrieved, and reviewed by a recipient of the communication; and

(2) May be reproduced directly in paper form by a recipient through an automated process.

(i) “Governing body” means the council of unit owners, board of directors, or any committee of the council of unit owners or board of directors.

(j) “Housing agency” means a housing agency of a county or incorporated municipality or some other agency or entity of a county or incorporated municipality designated as such by law or ordinance.

(k) “Mortgagee” means the holder of any recorded mortgage, or the beneficiary of any recorded deed of trust, encumbering one or more units.

(l) “Moving expenses” means costs incurred to:

(1) Hire contractors, labor, trucks, or equipment for the transportation of personal property;

(2) Pack and unpack personal property;

(3) Disconnect and install personal property;

(4) Insure personal property to be moved; and

(5) Disconnect and reconnect utilities such as telephone service, gas, water, and electricity.

(m) “Occupant” means any lessee or guest of a unit owner.

(n) “Percentage interests” means the interests, expressed as a percentage, fraction or proportion, established in accordance with § 11-107 of this title.

(o) “Property” means unimproved land, land together with improvements thereon, improvements without the underlying land, or riparian or littoral rights associated with land. Property may consist of noncontiguous parcels or improvements.

(p) “Rental facility” means property containing dwelling units intended to be leased to persons who occupy the dwellings as their residences.

(q) “Unit” means a three-dimensional space identified as such in the declaration and on the condominium plat and shall include all improvements contained within the space except those excluded in the declaration, the boundaries of which are established in accordance with § 11-103(a)(3) of this title. A unit may include 2 or more noncontiguous spaces.

(r) “Unit owner” means the person, or combination of persons, who hold legal title to a unit. A mortgagee or a trustee designated under a deed of trust, as such, may not be deemed a unit owner.
Md. Code, Business Regulation § 11-1308 — MD Code / Article gbr / Title 11 / Subtitle 13 / Section 11-1308
§11–1308.
Status: in_force

The compact committee shall have the following voting requirements:

(1) each official shall be entitled to one vote on the compact committee;

(2) a majority vote of the total number of officials on the compact committee shall be required to:

(i) admit another party state;

(ii) issue or renew a racing license; and

(iii) receive or distribute any funds;

(3) a two-thirds majority vote of the total number of officials on the compact committee shall be required to adopt, amend, or rescind the bylaws;

(4) all other actions by the compact committee shall require a majority vote of those officials who are present for the vote; and

(5) no action may be taken by the compact committee unless a quorum of the officials on the compact committee is present for the vote.
Md. Code, Business Regulation § 11-611 — MD Code / Article gbr / Title 11 / Subtitle 6 / Section 11-611
§11–611.
Status: in_force

Subject to the hearing provisions of § 11–612 of this part, the Commission may authorize a licensee to transfer a race meeting from the licensee’s own track to another track:

(1) on receipt of the appropriate license fees; and

(2) with the express consent of the owner or lessee of the track to which the transfer is made.
Md. Code, Commercial Law § 11-1203 — MD Code / Article gcl / Title 11 / Subtitle 12 / Section 11-1203
§11–1203.
Status: in_force

(a) Except to the extent that a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation renders a monetary recovery inequitable, a complainant is entitled to recover damages for misappropriation.

(b) Damages under this subtitle may include:

(1) The actual loss caused by misappropriation; and

(2) The unjust enrichment caused by misappropriation that is not taken into account in computing actual loss.

(c) In lieu of damages measured by any other methods, the damages caused by misappropriation may be measured by imposition of liability for a reasonable royalty for a misappropriator’s unauthorized disclosure or use of a trade secret.

(d) If willful and malicious misappropriation exists, the court may award exemplary damages in an amount not exceeding twice any award made under subsection (a) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 11-1401 — MD Code / Article gab / Title 11 / Subtitle 14 / Section 11-1401
§11–1401.
Status: in_force

(a) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–102 (“Applications to be filed with local licensing board”);

(2) § 4–106 (“Payment of notice expenses”);

(3) § 4–108 (“Application form required by Comptroller”);

(4) § 4–109 (“Required information on application — In general”);

(5) § 4–111 (“Payment of license fees”); and

(6) § 4–114 (“Fees for licenses issued for less than 1 year”).

(b) (1) Section 4–110 (“Required information on application – Petition of support”) of Division I of this article does not apply in the county.

(2) Section 4–113 (“Refund of license fees”) of Division I of this article does not apply in the county and is superseded by § 11–1407 of this subtitle.

(3) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) of Division I of this article do not apply in the county to racetrack licenses or beach and amusement park licenses:

(i) § 4–103 (“Application on behalf of partnership”);

(ii) § 4–104 (“Application on behalf of corporation or club”); and

(iii) § 4–105 (“Application on behalf of limited liability company”).

(c) (1) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) of Division I of this article apply in the county except for racetrack license or beach and amusement park licenses:

(i) § 4–103 (“Application on behalf of partnership”), subject to § 11–1408 of this subtitle;

(ii) § 4–104 (“Application on behalf of corporation or club”), subject to § 11–1408 of this subtitle; and

(iii) § 4–105 (“Application on behalf of limited liability company”), subject to § 11–1408 of this subtitle.

(2) The following sections of Title 4, Subtitle 1 (“Applications for Local Licenses”) of Division I of this article apply in the county:

(i) § 4–107 (“Criminal history records check”), subject to §§ 11–1403 and 11–1404 of this subtitle; and

(ii) § 4–112 (“Disposition of license fees”), subject to § 11–1406 of this subtitle.
Md. Code, Tax - General § 11-708 — MD Code / Article gtg / Title 11 / Subtitle 7 / Section 11-708
§11–708.
Status: in_force

Each licensee shall display the license in each place of business of the licensee in the State.
Md. Code, Criminal Procedure § 11-202 — MD Code / Article gcp / Title 11 / Subtitle 2 / Section 11-202
§11–202.
Status: in_force

(a) In this section, “victim” has the meaning stated in § 3-8A-01 of the Courts Article.

(b) A victim of a delinquent act has the rights provided under Title 3, Subtitle 8A of the Courts Article.
Md. Code, Alcoholic Beverages and Cannabis § 11-1009 — MD Code / Article gab / Title 11 / Subtitle 10 / Section 11-1009
§11–1009.
Status: in_force

(a) There is a Class C (veterans’ organization) license.

(b) The Board shall issue the license for use by a local unit of a nationwide nonprofit organization or club that:

(1) is composed only of members who served in the armed forces of the United States in a war in which the United States has been engaged;

(2) has a charter from a national veterans’ organization that was granted before the application for the license was made;

(3) has a bona fide membership of at least 100 individuals and dues of at least $5 per year per individual; and

(4) operates for its members and meets in a clubhouse principally used for its members.

(c) (1) Subject to paragraph (2) of this subsection, the license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license for on–premises consumption, including:

(i) during an event held on the licensed premises; and

(ii) to a member of the veterans’ organization or a guest of the member.

(2) If the license holder hosts an event for an outside group, the outside group shall obtain a Class C per diem beer, wine, and liquor license from the Board.

(d) The license holder may sell beer, wine, and liquor during the hours and days as set out for a Class C (veterans’ organization) license under § 11–2004 of this title.

(e) (1) A holder of a Class C beer, wine, and liquor license issued under § 11–903 of this title that qualifies as a veterans’ organization under subsection (b) of this section may apply to convert the license to a Class C (veterans’ organization) license.

(2) The conversion to and issuance of a Class C (veterans’ organization) license under paragraph (1) of this subsection shall be considered a license renewal and not an issuance of a new license.

(f) (1) The annual license fee is $300.

(2) The Board may provide application and administrative fee discounts to an organization that:

(i) qualifies as a veterans’ organization under subsection (b) of this section; and

(ii) 1. holds a Class C (veterans’ organization) license;

2. applies for an initial or renewal Class C (veterans’ organization) license; or

3. holds a Class C beer, wine, and liquor license that is converted to a Class C (veterans’ organization) license under subsection (e) of this section.
Md. Code, Financial Institutions § 11-503 — MD Code / Article gfi / Title 11 / Subtitle 5 / Section 11-503
§11–503.
Status: in_force

The Commissioner may adopt rules and regulations to carry out the provisions of this subtitle.
Md. Code, Corporations and Associations § 11-102 — MD Code / Article gca / Title 11 / Subtitle 1 / Section 11-102
§11–102.
Status: in_force

(a) The terms “offer”, “offer to sell”, “sale”, and “sell”, as defined in § 11–101(n) and (q) of this subtitle, do not include:

(1) Any bona fide pledge or loan;

(2) Any stock dividend, whether the corporation distributing the dividend is the issuer of the stock or not, if nothing of value is given by stockholders for the dividend other than the surrender of a right to a cash or property dividend when each stockholder may elect to take the dividend in cash, property, or stock;

(3) Any act incident to a class vote by stockholders, under the certificate of incorporation or the applicable corporation statute, on a merger, consolidation, split–up, spin–off, share exchange, reclassification of securities, or transfer of corporate assets in consideration of the issuance, in whole or in part, of securities of another corporation;

(4) Any act incident to a judicially approved reorganization in which a security is issued:

(i) In exchange for one or more outstanding securities, claims, or property interests; or

(ii) Partly in such exchange and partly for cash; or

(5) Any act as to which the Commissioner by rule or order finds that:

(i) Application of § 11–101(n) and (q) of this subtitle is not necessary or appropriate for the protection of investors; and

(ii) The finding is consistent with the public interest and within the purposes fairly intended by the policy and provisions of this title.

(b) As used in this title, “fraud”, “deceit”, and “defraud” are not limited to common–law deceit.

(c) Any security given or delivered with or as a bonus on account of any purchase of securities or any other thing is considered to constitute part of the subject of the purchase and to have been offered and sold for value.

(d) A purported gift of assessable stock is considered to involve an offer and sale.

(e) Every sale or offer of a warrant or right to purchase or subscribe to another security of the same or another issuer and every sale or offer of a security which gives the holder a present or future right or privilege to convert into another security of the same or another issuer is considered to include an offer of the other security.
Md. Code, Tax - General § 11-407 — MD Code / Article gtg / Title 11 / Subtitle 4 / Section 11-407
§11–407.
Status: in_force

(a) (1) Except as provided in subsection (c) of this section, on or after July 1, 1993, the Comptroller may not:

(i) grant the authority to make direct payment, to the Comptroller, of sales and use tax due on purchases by a vendor; or

(ii) issue permits evidencing such authority.

(2) Notwithstanding the provisions of paragraph (1) of this subsection, the Comptroller may continue to administer direct payment permits issued to vendors before July 1, 1993.

(3) The Comptroller may:

(i) issue the permit subject to reasonable and necessary terms and conditions; and

(ii) revoke the direct payment permit at any time for cause.

(b) A vendor who receives evidence that the buyer has a direct payment permit is discharged from:

(1) the duty to collect the sales and use tax; and

(2) the liability for the sales and use tax.

(c) (1) (i) The Comptroller may enter into an effective rate agreement with a vendor licensed under Subtitle 7 of this title to allow the vendor to compute its sales and use tax liability for purchases made by the vendor for a specific period using a predetermined agreed-upon effective rate, eliminating the need to determine the liability on a transaction-by-transaction basis.

(ii) An effective rate agreement:

1. shall specify the types of records to be maintained by the vendor; and

2. may exclude specified types of purchases or purchases in excess of specified dollar amounts.

(iii) The Comptroller may void an effective rate agreement entered into under this subsection if the vendor’s operations significantly change during the term of the agreement.

(2) (i) If the Comptroller enters into an effective rate agreement with a vendor under this subsection, the Comptroller may issue a direct payment permit authorizing the vendor to make direct payment, to the Comptroller, of the sales and use tax due on purchases by that vendor that are subject to the effective rate agreement.

(ii) A direct payment permit issued under this paragraph remains in effect as long as the effective rate agreement is in effect.
Md. Code, Criminal Procedure § 11-810 — MD Code / Article gcp / Title 11 / Subtitle 8 / Section 11-810
§11–810.
Status: in_force

(a) The Board may make an award only if the Board finds that:

(1) a crime or delinquent act was committed; and

(2) the crime or delinquent act directly resulted in:

(i) physical injury to or death of the victim; or

(ii) psychological injury to the victim that necessitated mental health counseling.

(b) The Board shall accept as evidence:

(1) a report produced by a law enforcement agency;

(2) medical records documenting an injury consistent with the alleged crime;

(3) a sworn statement from a qualified third party;

(4) a peace order issued under Title 3, Subtitle 15 of the Courts Article;

(5) a protective order issued under Title 4, Subtitle 5 of the Family Law Article; and

(6) any other evidence the Board considers probative.

(c) Unless total dependency is established, family members, household members, and minors living with a legal guardian are considered to be partly dependent on a parent or a legal guardian with whom they reside without regard to actual earnings.

(d) The Board may make an award only if the claimant, as a result of the injury on which the claim is based, has:

(1) incurred at least $100 in unreimbursed and unreimbursable expenses or indebtedness reasonably incurred or claimed for:

(i) medical care, including the cost of medical supplies;

(ii) expenses for eyeglasses and other corrective lenses;

(iii) mental health counseling;

(iv) funeral expenses;

(v) repairing, replacing, or cleaning property;

(vi) disability or dependent claim, or any assistive technology related to a disability or dependent claim;

(vii) the costs of one–time relocation, including any security deposit;

(viii) child care expenses incurred as a result of seeking medical or psychological care;

(ix) transportation costs incurred by travel to seek medical or psychological care; or

(x) other necessary services; or

(2) lost at least $100 in earnings or support.

(e) A claimant filing for injuries incurred as the occupant of a motor vehicle or a dependent of an occupant of a motor vehicle operated in violation of § 21–902 of the Transportation Article may not receive an award unless the claimant proves that the occupant did not know or could not have known of the condition of the operator of the vehicle.

(f) (1) A victim or dependent may not be denied compensation because the victim:

(i) is a relative of the offender; or

(ii) was living with the offender as a family member or household member at the time of the injury or death.

(2) If the Board can reasonably determine that the offender will not receive any economic benefit or undue enrichment from the compensation, the Board may award compensation to a victim or dependent who is a relative, family member, or household member of the offender.
Md. Code, Alcoholic Beverages and Cannabis § 11-604 — MD Code / Article gab / Title 11 / Subtitle 6 / Section 11-604
§11–604.
Status: in_force

A Class D beer license may not be issued in the county.
Md. Code, Health Occupations § 11-208 — MD Code / Article gho / Title 11 / Subtitle 2 / Section 11-208
§11–208.
Status: in_force

(a) A licensed optometrist shall perform a minimum optometric examination which shall include:

(1) Reviewing a patient’s history, past prescriptions and specifications when available;

(2) Visual analysis;

(3) Ophthalmoscopy of internal eye;

(4) Tonometry without anesthetic when indicated or for a patient over 40 years of age;

(5) Muscle balance examination;

(6) Writing of lens formula and other prescription data when needed as well as specific instructions for future care; and

(7) Subsequent progress evaluation when indicated.

(b) A licensed optometrist shall maintain thorough records of all testing procedures, results, and case dispositions in accordance with § 4-403 of the Health - General Article.

(c) A licensed optometrist shall have on hand all instrumentation and equipment, in good working condition, required to carry out the procedures for the minimum examination under this section.
Md. Code, Criminal Procedure § 11-1007 — MD Code / Article gcp / Title 11 / Subtitle 10 / Section 11-1007
§11–1007.
Status: in_force

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

(2) “Child” means any individual under the age of 18 years.

(3) “Initial assessment” includes:

(i) a psychological evaluation;

(ii) a parental interview; and

(iii) a medical evaluation.

(4) (i) “Peer–to–peer telehealth” means, as it relates to the performance of a forensic examination, the use of interactive audio, video, or other telecommunications or electronic technology by a forensic nurse examiner to assist in the performance of a forensic examination when the forensic nurse examiner is in one location and the patient is with a qualified health care provider in another location.

(ii) “Peer–to–peer telehealth” does not include:

1. an e–mail message between a health care provider and a patient; or

2. a facsimile transmission between a health care provider and a patient.

(5) “Physician” means an individual who is authorized under the Maryland Medical Practice Act to practice medicine in the State.

(6) “Qualified health care provider” means an individual who is licensed by a health occupations board established under the Health Occupations Article.

(7) (i) “Sexual abuse” means any act that involves sexual molestation or exploitation of a child whether or not the sexual molestation or exploitation of the child is by a parent or other individual who has permanent or temporary care, custody, or responsibility for supervision of a child, or by any household or family member.

(ii) “Sexual abuse” includes incest, rape, or sexual offense in any degree.

(b) If a physician, a qualified health care provider, or a hospital provides a service described in subsection (c) of this section to a victim of an alleged rape or sexual offense or a victim of alleged child sexual abuse:

(1) the services shall be provided without charge to the individual; and

(2) the physician, qualified health care provider, or hospital:

(i) is entitled to be paid by the Governor’s Office of Crime Prevention and Policy for the costs of providing the services;

(ii) shall provide written or electronic verification signed by a physician or qualified health care provider to the Governor’s Office of Crime Prevention and Policy that services described in subsection (c) of this section were rendered to a victim of an alleged rape or sexual offense or a victim of alleged child sexual abuse; and

(iii) may not include in any request to obtain payment under this subsection a narrative describing the alleged offense of a victim or a photograph of the victim.

(c) This section applies to the following services:

(1) a physical and sexual assault forensic examination to gather information and evidence as to an alleged crime when the examination is conducted within 15 days of the alleged crime or a longer period as provided by regulation;

(2) emergency hospital treatment and follow–up medical testing for up to 90 days after the initial physical examination;

(3) for up to 5 hours of professional time to gather information and evidence of the alleged sexual abuse, an initial assessment of a victim of alleged child sexual abuse by:

(i) a physician;

(ii) qualified hospital health care personnel;

(iii) a qualified health care provider;

(iv) a mental health professional; or

(v) an interdisciplinary team expert in the field of child abuse; and

(4) a sexual assault forensic exam conducted through peer–to–peer telehealth.

(d) (1) A physician or a qualified health care provider who examines a victim of alleged child sexual abuse under the provisions of this section is immune from civil liability that may result from the failure of the physician or qualified health care provider to obtain consent from the child’s parent, guardian, or custodian for the examination or treatment of the child.

(2) The immunity extends to:

(i) any hospital with which the physician or qualified health care provider is affiliated or to which the child is brought; and

(ii) any individual working under the control or supervision of the hospital.
Md. Code, Alcoholic Beverages and Cannabis § 11-802 — MD Code / Article gab / Title 11 / Subtitle 8 / Section 11-802
§11–802.
Status: in_force

(a) There is a Class B beer and light wine license.

(b) The license authorizes the license holder to sell beer and light wine at a hotel or restaurant, at retail, at the place described in the license, for on– and off–premises consumption.

(c) Before each renewal of the license, the license holder shall attest in a sworn statement that the gross receipts from food sales for the 12–month period immediately preceding the application for renewal were at least equal to 51% of the gross receipts from the sale of food and alcoholic beverages sold for on–premises consumption.

(d) The annual license fee is $480.
Md. Code, Criminal Law § 11-203 — MD Code / Article gcr / Title 11 / Subtitle 2 / Section 11-203
§11–203.
Status: in_force

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

(2) “Distribute” includes to rent.

(3) “Illicit sex” means:

(i) human genitals in a state of sexual stimulation or arousal;

(ii) acts of human masturbation, sexual intercourse, or sodomy; or

(iii) fondling or other erotic touching of human genitals.

(4) “Item” means a:

(i) still picture or photograph;

(ii) book, pocket book, pamphlet, or magazine;

(iii) videodisc, videotape, video game, film, or computer disc; or

(iv) recorded telephone message.

(5) “Obscene” means:

(i) that the average adult applying contemporary community standards would find that the work, taken as a whole, appeals to the prurient interest;

(ii) that the work depicts sexual conduct specified in subsection (b) of this section in a way that is patently offensive to prevailing standards in the adult community as a whole with respect to what is suitable material; and

(iii) that the work, taken as a whole, lacks serious artistic, educational, literary, political, or scientific value.

(6) “Partially nude figure” means a figure with:

(i) less than completely and opaquely covered human genitals, pubic region, buttocks, or female breast below a point immediately above the top of the areola; or

(ii) human male genitals in a discernibly turgid state, even if completely and opaquely covered.

(b) (1) A person may not willfully or knowingly display or exhibit to a minor an item:

(i) the cover or content of which is principally made up of an obscene description or depiction of illicit sex; or

(ii) that consists of an obscene picture of a nude or partially nude figure.

(2) A person may not willfully or knowingly engage in the business of displaying, exhibiting, selling, showing, advertising for sale, or distributing to a minor an item:

(i) the cover or content of which is principally made up of an obscene description or depiction of illicit sex; or

(ii) that consists of an obscene picture of a nude or partially nude figure.

(3) If a newsstand or other place of business is frequented by minors, the owner, operator, franchisee, manager, or an employee with managerial responsibility may not openly and knowingly display at the place of business an item whose sale, display, exhibition, showing, or advertising is prohibited by paragraph (2) of this subsection.

(c) The provision of services or facilities by a telephone company under a tariff approved by the Public Service Commission is not a violation of subsection (b) of this section relating to recorded telephone messages.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both; and

(2) for each subsequent violation, imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Md. Code, Commercial Law § 11-107 — MD Code / Article gcl / Title 11 / Subtitle 1 / Section 11-107
§11–107.
Status: in_force

(a) The Attorney General shall investigate suspected criminal violations of this subtitle and may require assistance from any State’s Attorney for that purpose.

(b) The Attorney General shall commence and try all prosecutions under this subtitle with the State’s Attorney for the county where the prosecution is brought.

(c) With respect to the commencement and trial of the prosecution, the Attorney General has all the powers and duties vested by law in State’s Attorneys with respect to criminal prosecutions.

(d) A prosecution for any offense in violation of this subtitle shall be commenced within four years after the offense is committed.
Md. Code, Education § 11-1702 — MD Code / Article ged / Title 11 / Subtitle 17 / Section 11-1702
§11–1702.
Status: in_force

(a) There is a Hunger–Free Campus Grant Program.

(b) The purpose of the Program is to:

(1) Address student hunger;

(2) Leverage more sustainable solutions to address basic food needs on campus;

(3) Raise awareness of services currently offered on campus that address basic food needs; and

(4) Build strategic partnerships at the local, State, and national levels to address food insecurity among students.

(c) (1) The Commission shall administer the Program.

(2) The Commission shall develop the form to be used for the annual student survey required under § 11–1703 of this subtitle.
Md. Code, Health Occupations § 11-320 — MD Code / Article gho / Title 11 / Subtitle 3 / Section 11-320
§11–320.
Status: reserved

(a) This section does not apply to:

(1) An individual licensed under Title 14, Subtitle 3 of this article; or

(2) An individual supervised by an individual licensed under Title 14, Subtitle 3 of this article.

(b) The Board may issue a cease and desist order or obtain injunctive relief for a violation of any provision of § 11–313 of this subtitle or § 11–501, § 11–502, or § 11–504 of this title.

(c) (1) An action may be maintained in the name of the State or the Board to enjoin:

(i) The unauthorized practice of optometry;

(ii) The misrepresentation of the practice of optometry;

(iii) The act of knowingly dispensing contact lenses or replacement contact lenses without a valid and unexpired prescription or a replacement contact lens prescription; or

(iv) Conduct that is grounds for disciplinary action under § 11–313 of this subtitle.

(2) An action under this subsection may be brought by:

(i) The Board, in its own name;

(ii) The Attorney General, in the name of the State; or

(iii) A State’s Attorney, in the name of the State.

(3) An action under this subsection shall be brought in the county where the defendant:

(i) Resides; or

(ii) Engages in the act sought to be enjoined.

(4) Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this subsection.

(5) An action under this subsection is in addition to and not instead of criminal prosecution for disciplinary action under § 11–313 of this subtitle or the unauthorized practice of optometry under §§ 11–501, 11–502, and 11–504 of this title.
Md. Code, Commercial Law § 11-1402 — MD Code / Article gcl / Title 11 / Subtitle 14 / Section 11-1402
§11–1402.
Status: in_force

(a) (1) A performing rights society may not enter into or execute a contract for the payment of royalties by a proprietor unless, no later than 72 hours prior to the execution of the contract, the performing rights society provides to the proprietor, in writing, the following:

(i) A schedule of the rates and terms of royalties under the contract;

(ii) A schedule of the rates and terms of royalties under agreements executed by the performing rights society and proprietors of comparable businesses in the area;

(iii) The toll free telephone number required under paragraph (2) of this subsection;

(iv) In the case of a performing rights society which offers discounts to proprietors in the area on any basis, the amounts and terms of those discounts; and

(v) Notice that the proprietor is entitled to the information required by this section, and that the failure of the performing rights society to provide that information is a violation of this subtitle and may render a contract unenforceable under this subtitle.

(2) The performing rights society shall establish a toll free telephone number which can be used to answer inquiries of a proprietor regarding specific musical works and the copyright owners represented by that performing rights society.

(b) Every contract between a performing rights society and a proprietor for the payment of royalties executed or renewed in this State shall:

(1) Be in writing;

(2) Be signed by the parties to the contract; and

(3) Include at least the following information:

(i) The proprietor’s name and business address and the name and location of each place of business to which the contract applies;

(ii) The name and business address of the performing rights society;

(iii) The duration of the contract; and

(iv) The schedule of rates and terms of the royalties to be collected under the contract, including any sliding scale, discount, or schedule for any increase or decrease of those rates for the duration of the contract.

(c) (1) Subject to paragraph (2) of this subsection, the performing rights society shall offer to the proprietor a 1-year contract.

(2) The performing rights society and the proprietor may agree to a contract for other than 1 year.
Md. Code, State Government § 11-301 — MD Code / Article gsg / Title 11 / Subtitle 3 / Section 11-301
§11–301.
Status: in_force

There is a State Permit Coordinator, who shall be appointed by the Board of Public Works.
Md. Code, Real Property § 11-132 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-132
§11–132.
Status: in_force

On transfer of control by the developer to the council of unit owners, the developer shall turn over documents including:

(1) Copies of the condominium’s filed articles of incorporation, recorded declaration, and all recorded covenants, bylaws, plats, and restrictions of the condominium;

(2) Subject to the restrictions of § 11–116 of this title, all books and records of the condominium, including financial statements, minutes of any meeting of the governing body, and completed business transactions;

(3) Any policies, rules, and regulations adopted by the governing body;

(4) The financial records of the condominium from the date of creation to the date of transfer of control, including budget information regarding estimated and actual expenditures by the condominium and any report relating to the reserves required for major repairs and replacement of the common elements of the condominium;

(5) A copy of all contracts to which the condominium is a party;

(6) The name, address, and telephone number of any contractor or subcontractor employed by the condominium;

(7) Any insurance policies in effect and all prior insurance policies;

(8) Any permit or notice of code violation issued to the condominium by the county, local, State, or federal government;

(9) Any warranty in effect;

(10) Drawings, architectural plans, or other suitable documents setting forth the necessary information for location, maintenance, and repair of all condominium facilities; and

(11) Individual owner files and records, including assessment account records, correspondence, and notices of any violations.
Md. Code, Tax - General § 11-218 — MD Code / Article gtg / Title 11 / Subtitle 2 / Section 11-218
§11–218.
Status: in_force

The sales and use tax does not apply to a sale of:

(1) a clam or oyster rake, crab bait, crab or eel pot, or fish net;

(2) a dredge, handscrape, or hand or patent tong; or

(3) fuel or a repair part for a commercial fishing vessel or for a vessel otherwise used for commercial purposes.
Md. Code, Business Regulation § 11-824 — MD Code / Article gbr / Title 11 / Subtitle 8 / Section 11-824
§11–824.
Status: in_force

Applicants for and holders of permits are subject to the denial of license and disciplinary provisions of § 11-308 of this title.
Md. Code, Insurance § 11-401 — MD Code / Article gin / Title 11 / Subtitle 4 / Section 11-401
§11–401.
Status: in_force

(a) This subtitle applies to all kinds and classes of insurance that:

(1) insure or guarantee titles to real or leasehold property or an estate in real or leasehold property;

(2) insure or guarantee against loss by reason of defects, encumbrances, liens, or charges on real or leasehold property or an estate in real or leasehold property;

(3) insure or guarantee the validity, priority, and status of liens on real or leasehold property or an estate in real or leasehold property; or

(4) insure or guarantee the correctness and sufficiency of searches for instruments, liens, charges, or other matters affecting the title to real or leasehold property or an estate in real or leasehold property.

(b) This subtitle applies to a person that makes guarantees or issues insurance described in subsection (a) of this section.
Md. Code, Commercial Law § 11-1306 — MD Code / Article gcl / Title 11 / Subtitle 13 / Section 11-1306
§11–1306.
Status: in_force

If a dispute arises between the grantor and the distributor relating to the application of this subtitle, the requirements of § 11-1302.1 of this subtitle, the notice of cancellation or nonrenewal, the plan for the correction of the deficiencies described by the grantor as the reasons for cancellation or nonrenewal, whether or not the distributor has complied with the plan and corrected the deficiencies described by the grantor as the reasons for cancellation or nonrenewal, or the purchase price or fair market value of any merchandise subject to repurchase under § 11-1304 of this subtitle, the grantor and distributor on the request of either party shall submit the dispute to arbitration in the State under the Maryland Uniform Arbitration Act.
Md. Code, Labor and Employment § 11-601 — MD Code / Article gle / Title 11 / Subtitle 6 / Section 11-601
§11–601.
Status: in_force

(a) In this section, “ACTION Program” means the Apprenticeship Career Training in Our Neighborhoods Program established under this section.

(b) There is an Apprenticeship Career Training in Our Neighborhoods Program in the Department.

(c) The purposes of the ACTION Program are:

(1) to develop a well–trained, productive construction workforce which meets the needs of the State’s economy;

(2) to encourage employers to hire apprentices in the construction industry; and

(3) to help employers offset additional costs, if any, associated with hiring apprentices.

(d) (1) The Department shall administer the ACTION Program and provide grants on a competitive basis to employers that meet the requirements under paragraph (2) of this subsection.

(2) An employer is eligible to receive a grant if the employer employs one or more apprentices who:

(i) have been employed by the employer for at least 7 months;

(ii) are engaged in a building or construction trade;

(iii) are enrolled in the first year of an apprenticeship program registered with the Maryland Apprenticeship and Training Council under § 11–405(b) of this title; and

(iv) live in a zip code in which the percentage of poverty is at least 20% as established by the U.S. Department of Commerce, Bureau of the Census, in the most recently released data.

(e) (1) As provided in the State budget, the ACTION Program shall award grants to eligible employers.

(2) It is the intent of the General Assembly that, for fiscal year 2017 and each fiscal year thereafter, the State budget include an appropriation of at least $100,000 for the ACTION Program to:

(i) provide grants to eligible employers; and

(ii) cover administrative costs.

(f) The Department shall adopt regulations necessary to carry out this section, including regulations to:

(1) develop requirements for grant applications;

(2) develop a process for reviewing grant applications and awarding grants to eligible employers; and

(3) determine a cap for the maximum amount of a grant that an eligible employer may receive each year.

(g) The amount of a grant awarded by the ACTION Program under subsection (e) of this section shall be based on the number of apprentices that an eligible employer employs who satisfy the criteria in subsection (d)(2) of this section.

(h) A grant shall consist of a maximum of $1,000 for each apprentice that an eligible employer employs who satisfies the criteria in subsection (d)(2) of this section.
Md. Code, Business Occupations and Professions § 11-407 — MD Code / Article gbo / Title 11 / Subtitle 4 / Section 11-407
§11–407.
Status: in_force

(a) While an unlimited license is in effect, it authorizes the licensee to provide pilotage for vessels of any draft.

(b) (1) While a 40–foot–draft limited license is in effect, it authorizes the licensee to provide pilotage for vessels not exceeding 40–foot–draft.

(2) While a 36–foot–draft limited license is in effect, it authorizes the licensee to provide pilotage for vessels not exceeding 36–foot–draft.

(3) While a 32–foot–draft limited license is in effect, it authorizes the licensee to provide pilotage for vessels not exceeding 32–foot–draft.
Md. Code, Alcoholic Beverages and Cannabis § 11-1803 — MD Code / Article gab / Title 11 / Subtitle 18 / Section 11-1803
§11–1803.
Status: in_force

Notwithstanding § 11–1504 of this title, the Board may renew a Class A or Class D beer license, beer and light wine license, or beer, wine, and liquor license originally issued to a holder of an out–of–state alcoholic beverages license.
Md. Code, Tax - General § 11-213 — MD Code / Article gtg / Title 11 / Subtitle 2 / Section 11-213
§11–213.
Status: in_force

Except for the first retail sale of the manufactured home, the sales and use tax does not apply to a sale of a manufactured home, as defined in § 12-301(g) of the Public Safety Article.
Md. Code, Insurance § 11-227 — MD Code / Article gin / Title 11 / Subtitle 2 / Section 11-227
§11–227.
Status: in_force

The Commissioner may adopt reasonable rules and regulations necessary to carry out the purposes of this subtitle.
Md. Code, Tax - General § 11-109 — MD Code / Article gtg / Title 11 / Subtitle 1 / Section 11-109
§11–109.
Status: in_force

(a) The Comptroller shall publish on the Comptroller’s website, as a general guide for vendors, a comprehensive list of tangible personal property and services the sale or use of which are subject to the sales and use tax.

(b) The Comptroller shall update the list published in accordance with subsection (a) of this section at least quarterly and detail any additions, deletions, or revisions to the list.
Md. Code, Corporations and Associations § 11-804 — MD Code / Article gca / Title 11 / Subtitle 8 / Section 11-804
§11–804.
Status: in_force

This title shall be construed to effectuate its general purpose to make uniform the law of those states which enact it and to coordinate the interpretation and administration of this title with the related federal regulation.
Md. Code, Financial Institutions § 11-603 — MD Code / Article gfi / Title 11 / Subtitle 6 / Section 11-603
§11–603.
Status: in_force

(a) A license issued under this subtitle authorizes the licensee to act as a mortgage loan originator only when acting within the scope of employment with:

(1) A mortgage lender; or

(2) A person who is exempt from licensing as a mortgage lender.

(b) A licensee may not:

(1) Maintain more than one license under this subtitle; or

(2) Be employed by more than one mortgage lender or person who is exempt from licensing as a mortgage lender.

(c) (1) (i) Each license provided for through NMLS shall include the following information:

1. The name of the licensee;

2. The name of the licensee’s employer; and

3. The unique identifier of the licensee.

(ii) The unique identifier of the licensee shall constitute the license number for the license.

(2) An individual may not act as a mortgage loan originator under a name or for an employer that is different from the name and employer that appear on the license unless the licensee:

(i) Notifies the Commissioner, in the form and in accordance with the process that the Commissioner requires, in advance of a change in the licensee’s name or the licensee’s employer;

(ii) Pays to the Commissioner a license amendment fee set by the Commissioner for each notice provided under this paragraph; and

(iii) In the case of a new employer, amends the sponsorship information on NMLS by submitting the amendment, in the form required by the Commissioner, to indicate that the licensee is an employee of the new employer.

(3) If a licensee ceases to be employed by a licensed mortgage lender or by a person exempt from licensing as a mortgage lender, the licensee shall notify the Commissioner within 10 business days, and the license shall be placed into nonactive status through NMLS.

(4) During the time that a license is in nonactive status, it is a violation of this subtitle for the licensee to engage in any activity for which a license is required under this subtitle.

(5) The license shall remain in nonactive status until the licensee:

(i) Notifies the Commissioner, in the form and in accordance with the process that the Commissioner requires, that the licensee has obtained employment with a licensed mortgage lender or with a person exempt from licensing as a mortgage lender; and

(ii) Has complied with the requirements set forth in paragraph (2) of this subsection.

(d) A license may be issued under this subtitle to an individual who is not employed by a licensed mortgage lender or a person exempt from licensing as a mortgage lender provided the license is placed into and remains in nonactive status until the licensee:

(1) Notifies the Commissioner, in the form and in accordance with the process that the Commissioner requires, that the licensee has obtained employment with a licensed mortgage lender or with a person exempt from licensing as a mortgage lender; and

(2) Has complied with the requirements set forth in subsection (c)(2) of this section.

(e) A license may be issued under this subtitle to an individual who is employed by a mortgage lender, or a person exempt from licensing as a mortgage lender, that has its principal office located outside the State if the mortgage lender or the person exempt from licensing as a mortgage lender maintains a resident agent within the State.

(f) This section does not apply to an affiliated insurance producer–mortgage loan originator licensed under § 11–603.1 of this subtitle.
Md. Code, State Government § 11-512 — MD Code / Article gsg / Title 11 / Subtitle 5 / Section 11-512
§11–512.
Status: in_force

An applicant may request a consolidated hearing:

(1) if the applicant requires at least 2 development permits from State units; and

(2) if:

(i) the applicant does not require a local development permit;

(ii) all required local development permits have been issued; or

(iii) a required local development permit cannot be issued until 1 or more State development permits have been issued.
Md. Code, Commercial Law § 11-1206 — MD Code / Article gcl / Title 11 / Subtitle 12 / Section 11-1206
§11–1206.
Status: in_force

(a) An action for misappropriation must be brought within 3 years after the misappropriation is discovered or by the exercise of reasonable diligence should have been discovered.

(b) For the purposes of this section, a continuing misappropriation constitutes a single claim.
Md. Code, Business Occupations and Professions § 11-203 — MD Code / Article gbo / Title 11 / Subtitle 2 / Section 11-203
§11–203.
Status: in_force

From among the members of the Board, the Governor shall appoint a chairperson.
Md. Code, Transportation § 11-151 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-151
§11–151.
Status: in_force

(a) “Roadway” means that part of a highway that is improved, designed, or ordinarily used for vehicular travel, other than the shoulder.

(b) If a highway includes two or more separate roadways, the term “roadway” as used in the Maryland Vehicle Law refers to any one roadway separately, and not to all of the roadways collectively.
Md. Code, Commercial Law § 11-401 — MD Code / Article gcl / Title 11 / Subtitle 4 / Section 11-401
§11–401.
Status: in_force

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

(b) “Cost to the retailer” means the lesser of the invoice cost or the replacement cost of the merchandise to the retailer, minus any trade discount other than a customary discount for cash, plus:

(1) A freight charge otherwise not included in the invoice cost or the replacement cost of the merchandise;

(2) A cartage cost to the retail outlet if performed or paid for by the retailer, which, in the absence of proof of a lesser cost, is 0.75 percent of the cost to the retailer, after adding the freight charge but before adding the cartage cost and any markup;

(3) A markup to cover in part the cost of doing business, which, in the absence of proof of a lesser cost, is 5 percent of the cost to the retailer, after adding the freight charge and the cartage cost but before adding any markup; and

(4) An additional markup to cover in part the cost of doing business, which, in the absence of proof of a lesser cost, is 2 percent of the cost to the retailer, after adding the freight charge and the cartage cost but before adding any markup, if the retailer:

(i) Buys at wholesale or buys directly from the manufacturer or the agent or broker of the manufacturer; and

(ii) Receives a wholesale price or discount on merchandise for retail sale.

(c) “Cost to the wholesaler” means the lesser of the invoice cost or the replacement cost of the merchandise to the wholesaler, minus any discount other than a customary discount for cash, plus:

(1) A freight charge otherwise not included in the invoice cost or the replacement cost of the merchandise;

(2) A cartage cost to the retail outlet if performed or paid for by the wholesaler, which, in the absence of proof of a lesser cost, is 0.75 percent of the cost to the wholesaler, after adding the freight charge but before adding the cartage cost and any markup; and

(3) A markup to cover in part the cost of doing business, which, in the absence of proof of a lesser cost, is 2 percent of the cost to the wholesaler, after adding the freight charge and the cartage cost but before adding any markup.

(d) “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(e) “Replacement cost” means the cost per unit for which the merchandise sold or offered for sale could have been bought by the wholesaler or retailer at any time within 30 days before the date of sale or the date on which it is offered for sale by him if bought in the same quantity as his last purchase of the merchandise.

(f) (1) “Retail sale” means any transfer of title to tangible personal property for valuable consideration and in the ordinary course of trade or in the usual conduct of the seller’s business, to a purchaser for consumption or use other than resale, further processing, or manufacturing.

(2) “Retail sale” includes any such transfer of the property whereby title is retained by the seller as security for the payment of the purchase price.

(g) (1) “Retailer” means a person engaged in the business of making retail sales within the State.

(2) If the person is engaged in the business of making both retail sales and wholesale sales, the word applies only to the retail sales portion of the business.

(h) (1) “Wholesale sale” means any transfer of title to tangible personal property for valuable consideration and in the ordinary course of trade or the usual conduct of the seller’s business, to a purchaser for the purpose of resale, further processing, or manufacturing.

(2) “Wholesale sale” includes any such transfer of the property whereby title is retained by the seller as security for the payment of the purchase price.

(i) (1) “Wholesaler” means a person engaged in the business of making wholesale sales within the State.

(2) If a person is engaged in the business of making both wholesale sales and retail sales, the word applies only to the wholesale sales portion of the business.
Md. Code, Agriculture § 11-310 — MD Code / Article gag / Title 11 / Subtitle 3 / Section 11-310
§11–310.
Status: in_force

(a) (1) Except as provided in this subsection or as specified by the Secretary, any meat, meat product, poultry, and all seafood offered or exposed for sale or sold as food shall be offered or exposed for sale and sold by weight.

(2) Notwithstanding the provisions of paragraph (1) of this subsection, the following products may be offered or exposed for sale or sold by weight, measure, or count:

(i) Shellfish;

(ii) Items for consumption on the premises where sold;

(iii) Items sold as 1 of 2 or more different elements, excluding condiments, that comprise a ready-to-eat meal sold as a unit for consumption elsewhere than on the premises where sold; and

(iv) Cooked and ready-to-eat whole chicken or chicken parts that are prepared on the premises.

(b) When meat, poultry, or seafood is combined with or associated with some other food element to form either a distinctive food product or a food combination, the food product or combination shall be offered or exposed for sale, and sold by weight, the quantity representation may be the total weight of the product or combination and a quantity representation is not required for each element of the product or combination.
Md. Code, Transportation § 11-206 — MD Code / Article gtr / Title 11 / Subtitle 2 / Section 11-206
§11–206.
Status: in_force

Titles 11 through 27 of this article may be cited as the Maryland Vehicle Law.
Md. Code, Commercial Law § 11-503 — MD Code / Article gcl / Title 11 / Subtitle 5 / Section 11-503
§11–503.
Status: in_force

(a) In a wholesale sale of cigarettes, the presumptive wholesale markup of 5 percent provided for in § 11-501(e) of this subtitle may be reduced by 2 cents for each carton of 200 cigarettes, if:

(1) The cigarettes are not delivered unless their full price is received by the wholesaler at or before delivery; and

(2) The purchaser performs or pays for the cartage cost of the cigarettes to the place of business of the purchaser.

(b) (1) In the absence of satisfactory proof of a lesser aggregate cost of doing business, a vending machine operator or retailer who purchases cigarettes at prices ordinarily invoiced to a wholesaler and who receives the wholesaler’s discounts on them shall:

(i) First, add to his basic cost of cigarettes the wholesale markup of 5 percent provided for in § 11-501(e) of this subtitle to cover the cost of doing business as a wholesaler; and

(ii) Then, on the resultant sum, add the retail markup of 8 percent provided for in § 11-501(d) of this subtitle.

(2) If the discount received by the vending machine operator or retailer is less than that ordinarily allowed to wholesalers, the wholesale markup of 5 percent may be reduced by the difference between the discount ordinarily allowed to wholesalers and the discount received by the retailer or vending machine operator.

(c) (1) A wholesaler who sells cigarettes to another wholesaler or to a vending machine operator is not required to include in his selling price the cost to the wholesaler. However, in the absence of satisfactory proof of a lesser cost for the service rendered, the wholesaler shall include in the selling price his basic cost of cigarettes, plus a charge of 1 percent of his basic cost of cigarettes.

(2) If a wholesaler purchases cigarettes from another wholesaler, then, on resale of the cigarettes to a retailer, he is the wholesaler for the purposes of this subtitle.
Md. Code, Tax - General § 11-244 — MD Code / Article gtg / Title 11 / Subtitle 2 / Section 11-244
§11–244.
Status: in_force

The sales and use tax does not apply to a sale of an infant car seat.
Md. Code, Labor and Employment § 11-101 — MD Code / Article gle / Title 11 / Subtitle 1 / Section 11-101
§11–101.
Status: in_force

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

(b) “Department” means the Maryland Department of Labor.

(c) “Secretary” means the Secretary of Labor.
Md. Code, Insurance § 11-211 — MD Code / Article gin / Title 11 / Subtitle 2 / Section 11-211
§11–211.
Status: in_force

(a) Within a reasonable time after a filer receives a written request for information about a filing and on payment of a reasonable charge, the filer shall provide all pertinent information about the filing to an insured affected by the filing or the authorized representative of the insured.

(b) At the time of filing a proposed rate increase with the Commissioner, an insurer that provides professional liability insurance to a physician or other health care provider shall notify each policyholder in writing that:

(1) the insurer has filed a proposed rate increase with the Commissioner;

(2) a hearing may be requested with respect to the filing under § 11-208(e) of this subtitle; and

(3) an order, hearing, or refusal of a hearing by the Commissioner may be appealed under Subtitle 5 of this title.
Md. Code, Tax - General § 11-709 — MD Code / Article gtg / Title 11 / Subtitle 7 / Section 11-709
§11–709.
Status: reserved

Except as otherwise provided in this subtitle, a license may not be transferred.
Md. Code, Transportation § 11-134.2 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-134.2
§11–134.
Status: in_force

§11–134.2.

(a) “Motor carrier” means a common carrier by motor vehicle, a contract carrier by motor vehicle, or a private carrier of persons or property by motor vehicle.

(b) “Motor carrier” includes a motor carrier’s owners, agents, officers, representatives, and employees.
Md. Code, Real Property § 11-141 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-141
§11–141.
Status: in_force

(a) The provisions of this title are in addition and supplemental to all other provisions of the public general laws, the public local laws, and any local enactment in the State.

(b) If the words “single family residential unit”, “property”, “blocks”, or other designation denoting a unit of land, appear in the Code, the public local laws, or any local enactment, a reference to a condominium unit or regime, whichever is appropriate, is deemed inserted after these descriptive terms where appropriate to implement this title.

(c) If the application of the provisions of this title conflict with the application of other provisions of the public general laws, public local laws, or any local enactment, in the State, the provisions of this title shall prevail.
Md. Code, Transportation § 11-110 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-110
§11–110.
Status: in_force

(a) “Conviction” means:

(1) A final conviction, even if the penalty is refunded, suspended, or probated;

(2) An unvacated forfeiture of collateral deposited to secure a defendant’s appearance in court;

(3) A plea of nolo contendere accepted by the court; or

(4) The payment of a fine.

(b) “Conviction” does not include a finding of probation on a stay of entering judgment.
Md. Code, Labor and Employment § 11-709 — MD Code / Article gle / Title 11 / Subtitle 7 / Section 11-709
§11–709.
Status: in_force

(a) On or before December 31 of each year, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the Senate Finance Committee and the House Economic Matters Committee on the Maryland EARN Program.

(b) The report required under subsection (a) of this section shall include:

(1) an identification of training needs statewide, including industries in urgent need of qualified workers;

(2) information on measures being used to track the success and accountability of the Maryland EARN Program, including use of the StateStat accountability process under § 3–1003(b) of the State Finance and Procurement Article;

(3) (i) a description of each strategic industry partnership receiving grant funding and the status of the partnership; and

(ii) the jurisdiction of the State in which each strategic industry partnership is located;

(4) the number of individuals:

(i) by sex, race, national origin, income, county of residence, and educational attainment, participating in each component of the Maryland EARN Program; and

(ii) participating in the Maryland EARN Program who, as a result of the Program, have obtained:

1. a credential or an identifiable skill;

2. a new employment position;

3. a title promotion; or

4. a wage promotion;

(5) an assessment of whether and to what extent the approved strategic industry partnerships utilized existing data concerning:

(i) training needs in the State identified in previous studies; and

(ii) applicable skills needs identified in existing workforce studies, plans, or research; and

(6) information on the success of funding workforce development programs under § 11–708.1 of this subtitle.

(c) The information reported under subsection (b)(6) of this section shall contain specific information concerning the entities providing pre–apprenticeship, youth apprenticeship, and registered apprenticeship job training programs from the Clean Energy Workforce Account, including:

(1) the name and location of each program;

(2) the populations targeted by each program;

(3) the training and curriculum provided;

(4) program enrollment and graduation rates; and

(5) the number and types of placements achieved by trainees who complete each program.
Md. Code, Transportation § 11-116 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-116
§11–116.
Status: in_force

(a) “Driver’s license” means any license or permit to drive a motor vehicle that is issued under Title 16 of this article.

(b) “Driver’s license” does not include an electronic credential issued under Title 16, Subtitle 10 of this article.
Md. Code, Correctional Services § 11-713 — MD Code / Article gcs / Title 11 / Subtitle 7 / Section 11-713
§11–713.
Status: in_force

(a) This section applies only in Garrett County.

(b) (1) The Sheriff may:

(i) establish a pretrial release program that offers alternatives to pretrial detention; and

(ii) adopt regulations to administer the program.

(2) A court may order an individual to participate in the pretrial release program if the individual:

(i) appears before the court after being charged and detained on bond; and

(ii) meets the eligibility requirements of paragraph (4) of this subsection.

(3) The court may make the order at the imposition of bond, on review of bond, or at any other time during the individual’s pretrial detention.

(4) An individual is eligible for the pretrial release program if the individual:

(i) is recommended to the court for placement in the program by the program staff;

(ii) has no other charges pending in any jurisdiction; and

(iii) is not in detention for:

1. a crime of violence as defined in § 14–101 of the Criminal Law Article; or

2. the crime of escape under § 9–404 of the Criminal Law Article.

(c) (1) The Sheriff’s Office may:

(i) establish and direct a work release program; and

(ii) adopt guidelines for the operation of the program.

(2) (i) At the time of sentencing, or at any time during an individual’s confinement, the sentencing judge may order that an individual participate in the work release program, subject to the guidelines adopted by the Sheriff.

(ii) If the sentencing judge is unable to act at the time of an incarcerated individual’s petition for work release, another judge of the committing court may order the incarcerated individual to participate in the work release program.

(3) In ordering an incarcerated individual to participate in the work release program, the court may allow the incarcerated individual to leave actual confinement to:

(i) work at gainful, private employment; or

(ii) participate in an educational, rehabilitative, or training program in the county.

(4) Unless the committing court directs otherwise, an incarcerated individual shall be confined in the detention center when not participating in the work release program.

(5) (i) The Sheriff or the Sheriff’s designee shall collect the earnings of an incarcerated individual in the work release program, less payroll deductions required by law.

(ii) From the earnings of the incarcerated individual, the Sheriff shall deduct and disburse:

1. an amount determined to be the cost to the county for food, lodging, and clothing for the incarcerated individual;

2. the actual cost of necessary food and travel and other expenses incidental to the incarcerated individual’s participation in the program;

3. any amount a court imposes for a fine, cost, or restitution;

4. any amount that the incarcerated individual is legally obligated or reasonably desires to pay for support of a dependent; and

5. if applicable, any amount that a court orders the incarcerated individual to repay to the State or to the county for the services of an attorney appointed by the court.

(iii) The Sheriff shall:

1. credit to the incarcerated individual’s account the remaining balance; and

2. dispose of the balance in the incarcerated individual’s account as the incarcerated individual reasonably requests and as the Sheriff approves.

(6) If an incarcerated individual violates a trust or a condition that a judge or the Sheriff establishes for conduct or employment, after an administrative hearing that upholds the violation, the incarcerated individual is subject to:

(i) removal from the work release program; and

(ii) cancellation of any earned diminution of the incarcerated individual’s term of confinement.

(d) (1) The Sheriff shall:

(i) establish and administer a home detention program; and

(ii) adopt regulations for the program.

(2) At the time of sentencing, or at any time during an individual’s confinement, the sentencing judge may allow an individual who is convicted of a crime and sentenced to imprisonment to participate in the home detention program.

(3) Subject to paragraph (4) of this subsection, an incarcerated individual is eligible for the home detention program if the incarcerated individual:

(i) is recommended for the program by the sentencing judge; and

(ii) has no other charges pending in any jurisdiction.

(4) An incarcerated individual is not eligible for the home detention program if the incarcerated individual:

(i) is serving a sentence for a crime of violence as defined in § 14–101 of the Criminal Law Article; or

(ii) has been found guilty of the crime of:

1. child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or

2. escape under § 9–404 of the Criminal Law Article.

(5) While participating in the home detention program, an incarcerated individual is responsible for:

(i) the incarcerated individual’s medical care and related expenses; and

(ii) costs of lodging, food, clothing, transportation, restitution, and taxes.

(6) The Sheriff may:

(i) collect a reasonable fee from each incarcerated individual participating in the home detention program; or

(ii) waive or reduce the fee.

(7) The Sheriff may determine the maximum number of incarcerated individuals that may participate in the home detention program.

(8) An incarcerated individual who knowingly violates a term or a condition of the home detention program is subject to the penalties provided under § 11–726 of this subtitle and other disciplinary action provided by law.
Md. Code, Insurance § 11-231 — MD Code / Article gin / Title 11 / Subtitle 2 / Section 11-231
§11–231.
Status: in_force

A person may not willfully withhold information from or knowingly give false or misleading information to the Commissioner, a statistical agency designated by the Commissioner, a rating organization, or an insurer if the information will affect the rates or premiums chargeable under this subtitle or the proper issuance of an insurance contract, policy, or guarantee of insurance.
Md. Code, Education § 11-207.1 — MD Code / Article ged / Title 11 / Subtitle 2 / Section 11-207.1
§11–207.
Status: in_force

§11–207.1.

(a) Any credits earned for a course at a community college in the State in accordance with § 15–117(b)(3) of this article may be transferable to any private nonprofit institution of higher education in the State.

(b) A private nonprofit institution of higher education in the State shall review and consider the transfer of credits in accordance with subsection (a) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 11-2702 — MD Code / Article gab / Title 11 / Subtitle 27 / Section 11-2702
§11–2702.
Status: in_force

(a) A license holder or an employee of a license holder who is charged with a violation of § 6–304 of this article:

(1) shall receive a summons to appear in court on a certain day to answer the charges placed against the license holder or employee; and

(2) may not be required to post bail pending trial in any court in the State.

(b) A license holder or an employee of a license holder may not be found guilty of a violation of § 6–304 of this article if:

(1) the license holder or employee establishes to the satisfaction of the finder of fact that the license holder or employee used due caution to establish that the individual was not under the age of 21 years; and

(2) the individual is not a resident of the State.

(c) The Board may not proceed against a license holder for a violation of § 6–304 of this article if the license holder or an employee of the license holder is found not guilty of, or granted probation before judgment for, the violation.
Md. Code, Commercial Law § 11-210 — MD Code / Article gcl / Title 11 / Subtitle 2 / Section 11-210
§11–210.
Status: in_force

(a) Except as provided in subsection (b) of this section, a final judgment or decree rendered in a criminal proceeding or civil action brought by the Attorney General under this subtitle to the effect that a defendant has violated this subtitle is prima facie evidence against the defendant in an action for damages brought by another party against him under § 11-209(b) of this subtitle with respect to all matters where the judgment or decree would be an estoppel between the parties to it.

(b) This section does not apply to a civil consent judgment or decree entered before any testimony is taken.
Md. Code, Insurance § 11-318 — MD Code / Article gin / Title 11 / Subtitle 3 / Section 11-318
§11–318.
Status: in_force

(a) All automobile insurance rates shall be made in accordance with the principles set forth in this section.

(b) (1) An insurer under an automobile liability insurance policy may not classify or maintain an insured for a period longer than 3 years in a classification that entails a higher premium:

(i) because of a specific claim; or

(ii) because of the insured’s driving record.

(2) For the purpose of determining whether to classify an insured in a classification that entails a higher premium, an insurer may review only a period not greater than 3 years before:

(i) if the policy has not yet been issued:

1. the date of the application; or

2. the proposed effective date of the policy; or

(ii) on renewal of a policy, the effective date of the renewal.

(3) (i) The removal of a discount is not a violation of this subsection.

(ii) The application of a program that measures the operation of an insured vehicle during the current policy period is not a violation of this subsection.

(iii) Subparagraph (i) of this paragraph may not be construed to prevent an insurer from granting a claim–free discount to an insured.

(c) An insurer’s automobile and physical damage insurance premiums shall reflect the reduction in claims, if any, attributable to the requirement that drivers under the age of 18 years must acquire a provisional driver’s license before acquiring a driver’s license.

(d) For purposes of reclassifying an insured in a classification that entails a higher premium, an insurer under an automobile insurance policy may not consider accident reports and abstracts of court convictions that relate to driving an emergency vehicle and that are on record with the Motor Vehicle Administration, as provided in § 16–117(b) of the Transportation Article.

(e) For purposes of reclassifying an insured in a classification that entails a higher premium, an insurer under an automobile insurance policy may not consider a probation before judgment disposition of a motor vehicle law offense, a civil penalty imposed pursuant to § 21–202.1, § 21–809, § 21–810, or § 24–111.3 of the Transportation Article, or a first offense of driving with an alcohol concentration of 0.08 or more under § 16–205.1 of the Transportation Article on record with the Motor Vehicle Administration, as provided in § 16–117(b) of the Transportation Article.

(f) If the insured under an automobile insurance policy notifies the insurer of a change in circumstances that justifies reclassifying the insured in a different classification or territory, the insurer shall adjust the premium charged the insured from the date of notification.

(g) For motor vehicle personal injury and property damage coverage, an insurer may provide a reduction in rates based on actuarial justification to an insured who:

(1) is at least 55 years old; and

(2) within the last 2 years, has completed successfully a course in accident prevention:

(i) that is approved by the Motor Vehicle Administration;

(ii) that includes classroom instruction or practice driving of the number of hours that the Motor Vehicle Administration requires; and

(iii) for which the insured has received a certificate that certifies the completion of the course.
Md. Code, Real Property § 11-119 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-119
§11–119.
Status: in_force

A person may bring suit against the council of unit owners, or against the condominium unit owners as a whole in any cause relating to the common elements, by service as follows:

(1) If the council of unit owners is a corporation, in the same manner as the Maryland Rules authorize service on a corporation; or

(2) If the council of unit owners is not a corporation, in the same manner as the Maryland Rules authorize service on an unincorporated association.