Md. Code, Health Occupations § 2-314.7 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-314.7
§2–314.
Status: in_force

§2–314.7.

While practicing audiology or hearing aid dispensing, a person may not engage in an unfair or deceptive trade practice, as defined in § 13–301 of the Commercial Law Article.
Md. Code, Corporations and Associations § 2-310.1 — MD Code / Article gca / Title 2 / Subtitle 3 / Section 2-310.1
§2–310.
Status: in_force

§2–310.1.

(a) This section applies only to a corporation registered as an open–end company under the Investment Company Act of 1940.

(b) Subject to the provisions of § 2–311 of this subtitle, a corporation may redeem shares of its stock from any stockholder if:

(1) The corporation’s charter expressly provides for the redemption of shares of its stock from any stockholder and the board of directors authorizes the redemption; or

(2) (i) The corporation’s charter does not expressly prohibit the redemption of shares of its stock;

(ii) The aggregate net asset value of the shares to be redeemed from the stockholder is, as of the date of the redemption, $2,000 or less; and

(iii) Written notice of the redemption to the stockholder of record:

1. Is mailed first–class to the stockholder’s last known address of record;

2. States that all of the shares will be redeemed; and

3. Establishes a date for the redemption which is at least 45 days from the date of the notice.

(c) The price to be paid for shares redeemed under subsection (b)(2) of this section shall be the aggregate net asset value of the shares at the close of business on the date of the redemption.

(d) If certificates representing the shares to be redeemed under subsection (b)(2) of this section have been issued and are not surrendered for cancellation on the date of redemption:

(1) The corporation may withhold payment for the redeemed shares until the certificates are surrendered for cancellation; and

(2) Except for the right to receive payment of the redemption price, the stockholder shall cease to have any rights as a stockholder of the corporation on the date of redemption.

(e) If the aggregate net asset value of the shares to be redeemed under subsection (b)(2) of this section should increase to an amount greater than $2,000 between the date of the notice of redemption and the date of the redemption, then the notice of redemption shall have no further force or effect.
Md. Code, Public Utilities § 2-112 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-112
§2–112.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, to the full extent that the Constitution and laws of the United States allow, the Commission has jurisdiction over each public service company that engages in or operates a utility business in the State and over motor carrier companies as provided in Title 9 of this article.

(2) Except as provided in Title 5, Subtitle 6, Part VI of the Corporations and Associations Article, the Commission does not have jurisdiction over a member–regulated cooperative as defined in § 5–601 of the Corporations and Associations Article.

(b) (1) The Commission has the powers specifically conferred by law.

(2) The Commission has the implied and incidental powers needed or proper to carry out its functions under this division.

(c) The powers of the Commission shall be construed liberally.
Md. Code, Corporations and Associations § 2-213 — MD Code / Article gca / Title 2 / Subtitle 2 / Section 2-213
§2–213.
Status: in_force

(a) Unless the bylaws provide otherwise, the board of directors of a corporation may determine the conditions for issuing a new stock certificate in place of one which is alleged to have been lost, stolen, or destroyed.

(b) In its discretion, the board may require the owner of the certificate to give bond, with sufficient surety, to indemnify the corporation against any loss or claim arising as a result of the issuance of a new certificate.

(c) The issuance of a new certificate under this section does not constitute an overissue of the shares it represents.
Md. Code, Estates and Trusts § 2-214 — MD Code / Article get / Title 2 / Subtitle 2 / Section 2-214
§2–214.
Status: in_force

(a) (1) Subject to the requirements of paragraph (2) of this subsection, two individuals may register a domestic partnership by filing a declaration of domestic partnership with the register of wills in the county in which the domestic partners are domiciled.

(2) A declaration of domestic partnership filed with the register of wills shall:

(i) Include:

1. The full legal name of each domestic partner;

2. The home address of each domestic partner;

3. The date of birth of each domestic partner; and

4. The Social Security number of each party who has a Social Security number;

(ii) Be signed directly by each party, or by another individual, at the express direction of the party and in the party’s presence;

(iii) Be signed in the physical presence of a notary public or before a notary public through communication technology in accordance with Title 18, Subtitle 2 of the State Government Article; and

(iv) Affirm under penalty of perjury that each domestic partner is:

1. At least 18 years old;

2. The sole domestic partner of the other;

3. Not married; and

4. In a committed relationship with the other individual.

(b) The register of wills may refuse to register a domestic partnership if the declaration of domestic partnership does not meet the requirements of subsection (a)(2) of this section.

(c) The register may charge a fee of up to $25 for the filing of a declaration of domestic partnership.

(d) (1) The register shall maintain adequate records of declarations of domestic partnership, amendments to declarations of domestic partnership, and termination statements.

(2) Except as provided in paragraphs (3) and (4) of this subsection, a declaration of domestic partnership filed with a register of wills is a public record.

(3) The register shall deny inspection of the part of a declaration of domestic partnership that contains the home address of either domestic partner.

(4) Except as provided in § 4–334 of the General Provisions Article, the Social Security number of a party may not be disclosed as part of the public record of the declaration of domestic partnership.

(e) (1) (i) Except as provided under paragraph (2) of this subsection, a domestic partnership may be terminated by filing a declaration of termination with the register.

(ii) A declaration of termination shall:

1. Be signed by both parties; or

2. If the declaration of termination is not signed by both parties, include a statement that a copy of the declaration of termination has been served on the nonsigning party.

(iii) A declaration of termination filed under this paragraph is effective 6 months after the date of filing.

(2) (i) If a domestic partnership has been abandoned by one of the domestic partners, the abandoned domestic partner may file a declaration of termination not earlier than 6 months after the abandonment.

(ii) A declaration of termination filed under this paragraph shall:

1. Include a statement that the filing party has not been in contact with the nonfiling party for at least 6 months preceding the date of filing; and

2. If the location of the nonfiling party is known, include a statement that a copy of the declaration of termination has been served on the nonfiling party.

(iii) A declaration of termination filed under this paragraph is effective immediately.

(f) (1) A registered domestic partnership terminates immediately on:

(i) Certification of marriage of either domestic partner; or

(ii) The death of either domestic partner.

(2) This subsection may not be interpreted to terminate any rights or benefits otherwise enjoyed by or owed to a surviving registered domestic partner.

(g) (1) The surviving partner of a registered domestic partnership shall qualify for the following benefits:

(i) The share of a surviving spouse or surviving registered domestic partner of an intestate decedent in accordance with § 3–102 of this article;

(ii) The family allowance for a surviving spouse or surviving registered domestic partner of an intestate decedent in accordance with § 3–201 of this article;

(iii) Priority of appointment as the personal representative for a surviving spouse, surviving registered domestic partner, and children of an intestate decedent in accordance with § 5–104(3) of this article; and

(iv) The inheritance tax exemption under § 7–203(l)(3) of the Tax – General Article.

(2) The surviving domestic partner of a registered domestic partnership is not entitled to elect to take an elective share of the estate under § 3–403 of this article.

(h) (1) If the laws of another jurisdiction establishing a relationship other than marriage are substantially similar to the requirements of this section, the relationship established by the other jurisdiction shall be recognized as a registered domestic partnership in the State.

(2) (i) The register shall establish, update, and maintain a certified list of jurisdictions with laws of domestic partnership that are substantially similar to the provisions of this section.

(ii) If the register has not certified that the laws of another jurisdiction are substantially similar to the requirements of this section, but the laws of that jurisdiction establish a relationship, regardless of the term or phrase used by the jurisdiction, that has the rights and responsibilities of marriage, the relationship shall be recognized by the register as a registered domestic partnership in the State and the register shall include that jurisdiction in the certified list under subparagraph (i) of this paragraph.

(3) The register shall broadly construe the term “substantially similar” to maximize the recognition of relationships from other jurisdictions as registered domestic partnerships in the State.
Md. Code, Agriculture § 2-501.1 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-501.1
§2–501.
Status: in_force

§2–501.1.

(a) It is the intent of the Maryland General Assembly to preserve agricultural land and woodland in order to:

(1) Provide sources of agricultural products within the State for the citizens of the State;

(2) Control the urban expansion which is consuming the agricultural land and woodland of the State;

(3) Curb the spread of urban blight and deterioration; and

(4) Protect agricultural land and woodland as open–space land.

(b) With respect to woodland preservation under this subtitle, the General Assembly encourages that fair consideration be given to the retention of forest lands that are working landscapes as defined under § 5–101 of the Natural Resources Article.
Md. Code, Business Occupations and Professions § 2-501 — MD Code / Article gbo / Title 2 / Subtitle 5 / Section 2-501
§2–501.
Status: in_force

(a) (1) The Board may adopt regulations to:

(i) require that each office maintained in the State for the practice of accounting by an individual accountant or partnership or corporate permit holder be registered every 2 years with the Board by the individual, partnership, or corporation; and

(ii) set the procedure to carry out the registration.

(2) The Board may not charge a fee for any registration required under this section.

(b) If a licensee or a permit holder fails to register any office as required by a regulation adopted under subsection (a) of this section, the license or permit shall:

(1) be suspended automatically; and

(2) remain suspended until the licensee or permit holder complies with the registration requirements adopted under this section.
Md. Code, Tax - Property § 2-103 — MD Code / Article gtp / Title 2 / Subtitle 1 / Section 2-103
§2–103.
Status: in_force

The Director may employ staff and consultants in accordance with the State budget.
Md. Code, State Personnel and Pensions § 2-203.1 — MD Code / Article gsp / Title 2 / Subtitle 2 / Section 2-203.1
§2–203.
Status: in_force

§2–203.1.

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

(2) “Commission” means the Commission on Civil Rights.

(3) “Sexual harassment” has the meaning stated in § 20–601 of the State Government Article.

(b) (1) This section applies to all units in the Executive, Judicial, and Legislative branches of State government, including all units with independent personnel systems.

(2) For the University System of Maryland, this section applies to each constituent institution.

(c) (1) Each State employee shall complete at least a cumulative 2 hours of in–person or virtual, interactive training on sexual harassment prevention within:

(i) 6 months after the employee’s initial appointment; and

(ii) every 2–year period thereafter.

(2) The training required under paragraph (1) of this subsection shall include:

(i) information on the federal and State laws concerning the prohibition of sexual harassment;

(ii) best practices in prevention and correction of sexual harassment, abusive conduct, and retaliation;

(iii) remedies and procedures available to victims of sexual harassment in employment; and

(iv) additional training for supervisors regarding information on:

1. properly responding to complaints of sexual harassment and preventing further abuse and retaliation; and

2. creating and maintaining a workplace culture in which sexual harassment is not tolerated.

(3) (i) This paragraph applies only to:

1. a unit of the University System of Maryland;

2. Morgan State University; and

3. St. Mary’s College of Maryland.

(ii) The training required under paragraph (1) of this subsection may consist of webinar, computer–based, or online training.

(iii) If the training required under paragraph (1) of this subsection consists of webinar, computer–based, or online training, the training also shall include an evaluative component that:

1. ensures employee engagement in the training; and

2. assesses employee comprehension of training objectives.

(d) (1) (i) Each unit shall designate a representative to coordinate with the Commission to implement the training State employees are required to complete under subsection (c) of this section.

(ii) A unit may incorporate the training into existing employment training for new employees and supervisors.

(2) The Commission shall train each representative designated under paragraph (1) of this subsection in:

(i) the prevention of sexual harassment, discrimination, and retaliation; and

(ii) best practices in sexual harassment prevention.

(3) The representatives designated under paragraph (1) of this subsection are encouraged to use Equal Employment Opportunity Commission materials to prevent sexual harassment in the workplace.

(e) If determined to be necessary by the appointing authority, a unit may require an employee to retake any part or all of the training, or to participate in additional classes or training.

(f) For a unit in the Executive Branch of State government, the Equal Employment Opportunity Coordinator established under § 5–206 of this article:

(1) shall enforce the requirements of this section; and

(2) may recommend to the Legislative Auditor, the Joint Audit and Evaluation Committee, or the Executive Director of the Department of Legislative Services that the Office of Legislative Audits conduct a performance audit or review of a unit if the Equal Employment Opportunity Coordinator determines that the unit has not complied with this section.

(g) Unless the acts or omissions of an employee who completed the training required under subsection (c) of this section are willful, wanton, or grossly negligent, a person may not bring an action against the State for any act or omission resulting from:

(1) any training or lack of training of a State employee; or

(2) the implementation of the training required under subsection (c) of this section.

(h) The training required in this section is a minimum requirement and may not be construed to discourage or relieve any unit from providing a longer, more frequent, or more informative training on workplace sexual harassment prevention.

(i) The Commission shall adopt regulations to implement this section.
Md. Code, Public Utilities § 2-310 — MD Code / Article gpu / Title 2 / Subtitle 3 / Section 2-310
§2–310.
Status: in_force

An individual subject to § 2–302 of this subtitle may not violate this division.
Md. Code, Corporations and Associations § 2-405 — MD Code / Article gca / Title 2 / Subtitle 4 / Section 2-405
§2–405.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, in case of failure to elect directors at the designated time, the directors holding over shall continue to serve as directors of the corporation until their successors are elected and qualify.

(2) If the number of directors to be elected at the designated time, together with the number of directors who otherwise would hold over, exceeds the number of directors who were to be elected, then the directors who will hold over and continue to serve as directors of the corporation until their successors are elected and qualify shall be determined:

(i) By a majority vote of the directors elected at the designated time and, if the board is classified, any directors whose terms did not expire at the designated time, whether or not sufficient to constitute a quorum; or

(ii) As otherwise provided in the charter or bylaws of the corporation.

(b) A director not elected annually in accordance with § 2–501(b) of this title shall be deemed to be continuing in office and shall not be deemed to be holding over under subsection (a) of this section until after the time at which an annual meeting is required to be held under § 2–501(b) of this title or the charter or bylaws of the corporation.
Md. Code, Agriculture § 2-517.1 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-517.1
§2–517.
Status: in_force

§2–517.1.

(a) (1) The Foundation may establish a Farmland Preservation Partnership Program that is governed by the requirements of this section.

(2) The Farmland Preservation Partnership Program may include the acquisition of easements under the Critical Farms Program as provided under § 2–517 of this subtitle.

(3) The objective of the Partnership Program is to preserve productive agricultural and forested lands.

(4) (i) The Foundation may form partnerships for the purpose of purchasing easements on qualifying properties.

(ii) Except for the Critical Farms Program where State funds may be made available as determined by the Foundation, the Foundation’s partners shall cover the full purchase price, which may include the administrative costs of any easement for which the Foundation will be the grantee or the co–grantee.

(iii) The properties that qualify for the Partnership Program shall meet the criteria developed by the Foundation in accordance with subsection (b) of this section.

(b) (1) The Foundation shall develop criteria that determine when a farm qualifies for the Partnership Program.

(2) At a minimum, any qualifying farm shall:

(i) Meet the Foundation’s size criteria;

(ii) As determined by the Foundation, contain significant productive agricultural soil or forest soil; and

(iii) Be approved for participation in the Partnership Program by the governing body of the local jurisdiction in which the property is located.

(c) Notwithstanding any other provision of this subtitle, an easement acquired by the Foundation in accordance with this section is not subject to the ranking, valuation, or development restrictions of this subtitle, except as determined by the Foundation’s board of trustees.
Md. Code, Agriculture § 2-603 — MD Code / Article gag / Title 2 / Subtitle 6 / Section 2-603
§2–603.
Status: in_force

(a) (1) The Department may make direct loans not exceeding $15,000 to qualifying farmers at an interest rate which will make the program self-supporting. In establishing the interest rate from time to time, the Department shall take into account all of the expenses of the program including administrative expenses of the program, and possible losses. The interest rate may not exceed 1 percent above the cost of the loans to the State.

(2) The Department may collect a uniform application fee, and retain from it any amounts not expended for credit reports, appraisals, and other expenses of processing loan applications.

(3) Loans made under this subtitle shall be secured by a mortgage or lien on the property purchased and any improvements and fixtures, crops, and livestock on it, or whatever the Secretary of Agriculture may require.

(b) (1) To be eligible for a loan, an applicant shall meet all of the following conditions of eligibility:

(i) The Governor shall have declared a state of emergency because of a natural disaster making the applicant’s farm eligible for aid;

(ii) The applicant must have been the one to have suffered the actual loss as a result of the natural disaster;

(iii) The applicant shall have applied for a farm loan from any agency of the federal government; and

(iv) The applicant must make application for a farmer disaster loan within six months of the time of the natural disaster.

(2) The conditions of eligibility listed in this section apply jointly and severally in the case of spouses who are living together, except that the domicile requirement may be satisfied by either spouse.

(3) If a person receives a farm disaster loan from any agency of the federal government, that person shall reimburse the Department of Agriculture of Maryland for any loan made according to this subtitle, including any expense and interest as provided in subsection (a)(1) of this section.
Md. Code, Health Occupations § 2-102 — MD Code / Article gho / Title 2 / Subtitle 1 / Section 2-102
§2–102.
Status: in_force

(a) This title applies to an individual who practices audiology, hearing aid dispensing, speech–language pathology, or music therapy, or assists in the practice of speech–language pathology or audiology in the State.

(b) This title does not:

(1) Limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article;

(2) Prohibit an individual from practicing any other profession that the individual is authorized to practice under the laws of this State;

(3) Limit the right of a physician who is authorized to practice medicine under the laws of the State to treat the human ear or fit hearing aids; or

(4) Apply to the servicing, marketing, sale, dispensing, use, customer support, or distribution of over–the–counter hearing aids through in–person transactions, by mail, or online as authorized by federal law and regulations.
Md. Code, State Finance and Procurement § 2-101 — MD Code / Article gsf / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

(a) The fiscal year for the State and its officers and units begins on July 1 of a calendar year and ends on June 30 of the next calendar year.

(b) Each officer and unit of the State government shall use the fiscal year for:

(1) appropriating money;

(2) authorizing expenditures;

(3) keeping records;

(4) balancing books and accounts; and

(5) making reports.
Md. Code, Correctional Services § 2-104 — MD Code / Article gcs / Title 2 / Subtitle 1 / Section 2-104
§2–104.
Status: in_force

The Secretary shall have a seal.
Md. Code, Environment § 2-1505 — MD Code / Article gen / Title 2 / Subtitle 15 / Section 2-1505
§2–1505.
Status: in_force

(a) In this section, “incremental costs” means:

(1) In the case of a contract for the purchase of school buses, the cost difference between purchasing and operating school buses that are zero–emission vehicles and school buses that are diesel–powered vehicles; and

(2) In the case of a contract for the use of school buses, the cost difference between contracting for the use of school buses that are zero–emission vehicles and school buses that are diesel–powered vehicles.

(b) Except as provided in subsection (c) of this section, beginning in fiscal year 2025, a county board of education may not enter into a new contract for:

(1) The purchase of any school bus that is not a zero–emission vehicle; or

(2) The use of any school bus that is not a zero–emission vehicle, unless the school bus has an in–service date of July 1, 2024, or before.

(c) The requirements of subsection (b) of this section do not apply if:

(1) The Department determines that no available zero–emission vehicle meets the performance requirements for the county board’s use; or

(2) The county board is unable to obtain federal, State, or private funding sufficient to cover the incremental costs associated with contracting for the purchase or use of school buses that are zero–emission vehicles.

(d) A county board may enter into an agreement with an electric company to obtain monetary incentives in exchange for allowing the electric company to use the storage batteries of zero–emission buses owned or operated by the county board to access the stored electricity through vehicle–to–grid technology.

(e) The Department, in consultation with other appropriate State agencies, shall work with the county boards and private school bus contractors to develop electric vehicle infrastructure sufficient to support school buses that are zero–emission vehicles.

(f) The Department shall prioritize the use of available federal funding to carry out this section.
Md. Code, Environment § 2-1503 — MD Code / Article gen / Title 2 / Subtitle 15 / Section 2-1503
§2–1503.
Status: in_force

(a) There is a Zero–Emission Vehicle School Bus Transition Grant Program in the State.

(b) The purpose of the Program is to provide grants to county boards of education and entities that contract with county boards to provide transportation services to:

(1) Purchase school buses that are zero–emission vehicles;

(2) Install electric vehicle infrastructure for charging school buses that are zero–emission vehicles;

(3) Engage in planning for a transition to using school buses that are zero–emission vehicles; and

(4) Fund pilot programs to experiment with a transition to school buses that are zero–emission vehicles.

(c) The Department, in consultation with the State Department of Education, shall implement and administer the Program.

(d) (1) If the Department receives any funds as a result of a legal settlement that are earmarked for the purpose of transitioning to school buses that are zero–emission vehicles, the funds shall be made available to award grants in accordance with this section.

(2) In addition to any funding provided under paragraph (1) of this subsection, funding for the Program consists of:

(i) Money appropriated in the State budget for the Program; and

(ii) Any additional money made available to the Program from any private or public sources.

(e) The Department may adopt regulations to implement this section.
Md. Code, Health Occupations § 2-404 — MD Code / Article gho / Title 2 / Subtitle 4 / Section 2-404
§2–404.
Status: in_force

A person may not materially alter a license or a limited license with fraudulent intent.
Md. Code, Tax - Property § 2-218.2 — MD Code / Article gtp / Title 2 / Subtitle 2 / Section 2-218.2
§2–218.
Status: in_force

§2–218.2.

The Department shall publish on the Department’s website a plain language description of the following:

(1) the methodology applied in the valuation and assessment process;

(2) any adjustments in value that an assessor is authorized to make;

(3) the criteria used to determine the depreciation value of real property;

(4) the circumstances under which the Department is required to revalue real property in any year of a 3–year cycle; and

(5) any other factors relevant to the valuation of real property by the Department.
Md. Code, Criminal Procedure § 2-105 — MD Code / Article gcp / Title 2 / Subtitle 1 / Section 2-105
§2–105.
Status: in_force

(a) In this section, “governing body” means:

(1) the county executive and county council of a charter county with a county executive;

(2) the county council of a charter county with no county executive;

(3) the board of county commissioners of a county; or

(4) the mayor and council, by whatever name known, of a municipal corporation.

(b) By action as in the regular routine for legislative enactment, the governing body of a county or municipal corporation may determine the circumstances under which the police officers and other officers, agents, and employees of the county or municipal corporation, together with all necessary equipment, may lawfully go or be sent beyond the boundaries of the county or municipal corporation to any place within or outside the State.

(c) (1) The acts done by the police officers or other officers, agents, or employees of a county or municipal corporation under the authority of subsection (b) of this section and the expenditures made by the county or municipal corporation are considered to be for a public and governmental purpose.

(2) When a county or municipal corporation is acting through its police officers or other officers, agents, or employees for a public or governmental purpose beyond its boundaries under this section or other lawful authority, the county or municipal corporation has the same immunities from liability that the county or municipal corporation has when acting through its police officers or other officers, agents, or employees for a public or governmental purpose within its boundaries.

(3) When the police officers or other officers, agents, or employees of a county or municipal corporation are acting beyond the boundaries of the county or municipal corporation within the State under this section or other lawful authority, the police officers and other officers, agents, and employees of the county or municipal corporation have the same immunity from liability described in § 5-612 of the Courts Article and exemptions from laws, ordinances, and regulations, and the same pension, relief, disability, workers' compensation, and other benefits as those persons have while performing their duties within the boundaries of the county or municipal corporation.

(d) In accordance with subsection (b) of this section, Allegany County and a municipal corporation in that county may make a reciprocal agreement to provide police officers and other officers, employees, and agents, together with all necessary equipment.

(e) (1) The governing body of a county or municipal corporation or the Maryland-National Capital Park and Planning Commission may make a reciprocal agreement for the period that it considers advisable with the District of Columbia or a county, municipal corporation, or the Maryland-National Capital Park and Planning Commission, within or outside the State, and establish and carry out a plan to provide mutual aid by providing its police officers and other officers, employees, and agents, together with all necessary equipment as provided in subsection (b) of this section.

(2) A county, municipal corporation, or the Maryland-National Capital Park and Planning Commission may not make a reciprocal agreement unless the agreement provides that each party shall:

(i) waive any and all claims that are against the other parties to the agreement and that may arise out of their activities outside their respective jurisdictions under the agreement; and

(ii) indemnify and hold harmless the other parties to the agreement from all claims by third parties that are for property damage or personal injury and that may arise out of the activities of the other parties to the agreement outside their respective jurisdictions under the agreement.

(f) The governing body of a county or municipal corporation in the State may obtain or extend the necessary public liability insurance to cover claims that arise out of mutual aid agreements made with another county or municipal corporation outside the State.

(g) (1) The police officers and other officers, agents, and employees coming from one county or municipal corporation to another within the State under a reciprocal agreement under this section may enforce the laws of the State to the same extent as authorized law enforcement officers of the receiving county or municipal corporation.

(2) The police officers and other officers, agents, and employees coming into the State under a reciprocal agreement under this section may enforce the laws of the State to the same extent as authorized law enforcement officers of a county or municipal corporation in the State.
Md. Code, Corporations and Associations § 2-704 — MD Code / Article gca / Title 2 / Subtitle 7 / Section 2-704
§2–704.
Status: in_force

(a) If ratification of a defective corporate act requires approval by stockholders under § 2–702(b) of this subtitle, the secretary of the corporation shall give notice of the proposed ratification to all stockholders entitled to notice of the meeting in accordance with § 2–504 of this title, stockholders as of the date of the defective corporate act, and holders of putative stock.

(b) (1) If a defective corporate act is ratified by the board of directors in accordance with § 2–702(a) of this subtitle without action by stockholders, and notice is not required under subsection (a) of this section, notice of the ratification may be given to stockholders as of the ratification and as of the date of the defective corporate act and holders of putative stock.

(2) In the case of a corporation with a class of equity securities registered under the Securities Exchange Act of 1934, notice of a ratification that does not require approval of stockholders shall be deemed to be given when the ratification has been publicly disclosed in a document furnished to or filed with the Securities and Exchange Commission.

(c) (1) Except as provided in paragraph (2) of this subsection, notice given to holders of putative stock in accordance with this section shall be given to:

(i) Holders of putative stock as of the date of the defective corporate act;

(ii) Where notice is required under subsection (a) of this section, holders of putative stock as of the record date of the meeting; and

(iii) Where notice is given under subsection (b) of this section, holders of putative stock as of the date on which the board of directors adopted a resolution ratifying the defective corporate act.

(2) Notice is not required to be given to holders of putative stock whose identities or addresses cannot be reasonably determined from the records of the corporation.
Md. Code, Tax - General § 2-608 — MD Code / Article gtg / Title 2 / Subtitle 6 / Section 2-608
§2–608.
Status: in_force

(a) (1) After making the distributions required under §§ 2–604 through 2–607 of this subtitle, if it is determined that a county has not met the local funding requirements for education under § 5–202(d) of the Education Article, the Comptroller shall distribute to the county board of education an amount equal to the amount calculated under § 5–213 or § 5–213.1 of the Education Article.

(2) After making the distributions required under §§ 2–604 through 2–607 of this subtitle and paragraph (1) of this subsection, the Comptroller shall distribute to each county the remaining income tax revenue from individuals attributable to the county income tax for that county.

(b) The Comptroller shall adjust the amount distributed under subsection (a) of this section to a county to allow for a proportionate part of refund and interest payments made for a prior calendar year after a distribution is made to the county for that year.
Md. Code, Economic Development § 2-102 — MD Code / Article gec / Title 2 / Subtitle 1 / Section 2-102
§2–102.
Status: in_force

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

(b) Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution.

(c) (1) The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor.

(2) The Secretary shall advise the Governor on all matters assigned to the units under the jurisdiction of the Secretary and is responsible for carrying out the Governor’s policies on matters assigned to the units under the jurisdiction of the Secretary.

(d) The Secretary is entitled to the compensation provided in the State budget.
Md. Code, Commercial Law § 2-511 — MD Code / Article gcl / Title 2 / Subtitle 5 / Section 2-511
§2–511.
Status: in_force

(1) Unless otherwise agreed tender of payment is a condition to the seller’s duty to tender and complete any delivery.

(2) Tender of payment is sufficient when made by any means or in any manner current in the ordinary course of business unless the seller demands payment in legal tender and gives any extension of time reasonably necessary to procure it.

(3) Subject to the provisions of Titles 1 through 10 of this article on the effect of an instrument on an obligation (§ 3-310), payment by check is conditional and is defeated as between the parties by dishonor of the check on due presentment.
Md. Code, State Government § 2-1224 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1224
§2–1224.
Status: in_force

(a) In this section, “unit” includes:

(1) the Board of Liquor License Commissioners for Baltimore City;

(2) the board of license commissioners for a county or for the City of Annapolis subject to an audit under § 2–1220(f)(2) of this subtitle; and

(3) the Board of License Commissioners for Prince George’s County.

(b) Except with the written approval of the Legislative Auditor, an employee or authorized representative of the Office of Legislative Audits shall submit any report of findings only to the Legislative Auditor.

(c) (1) On the completion of each examination, the Legislative Auditor shall submit a full and detailed report to the Joint Audit and Evaluation Committee.

(2) A report shall include:

(i) the findings;

(ii) any appropriate recommendations for changes in record keeping or in other conduct of the unit or body that is the subject of the report; and

(iii) any response of that unit or body, subject to procedures approved by the Joint Audit and Evaluation Committee.

(d) The Legislative Auditor shall send a copy of the report to:

(1) the President of the Senate and the Speaker of the House of Delegates;

(2) the chairs of the Senate Budget and Taxation and House Appropriations Committees;

(3) members of the General Assembly, subject to § 2–1257 of this subtitle;

(4) the Governor, unless the report is of the Board of Liquor License Commissioners for Baltimore City, the board of license commissioners for a county or for the City of Annapolis subject to an audit under § 2–1220(f)(2) of this subtitle, or the Board of License Commissioners for Prince George’s County;

(5) the Comptroller;

(6) the State Treasurer, unless the report is of the Board of Liquor License Commissioners for Baltimore City, the board of license commissioners for a county or for the City of Annapolis subject to an audit under § 2–1220(f)(2) of this subtitle, or the Board of License Commissioners for Prince George’s County;

(7) the Attorney General, unless the report is of the Board of Liquor License Commissioners for Baltimore City, the board of license commissioners for a county or for the City of Annapolis subject to an audit under § 2–1220(f)(2) of this subtitle, or the Board of License Commissioners for Prince George’s County;

(8) the unit or body that is the subject of the report;

(9) the Secretary of Budget and Management, unless the report is of the Board of Liquor License Commissioners for Baltimore City, the board of license commissioners for a county or for the City of Annapolis subject to an audit under § 2–1220(f)(2) of this subtitle, or the Board of License Commissioners for Prince George’s County;

(10) the Executive Director; and

(11) any other person whom the Joint Audit and Evaluation Committee specifies.

(e) In addition to the requirements of subsection (d) of this section, each report of:

(1) a local school system shall be distributed to the chair of the House Ways and Means Committee and the cochairs of the Joint Committee on the Management of Public Funds;

(2) the Board of Liquor License Commissioners for Baltimore City shall be distributed to the chair of the Baltimore City delegation and the chair of the Baltimore City senators;

(3) the board of license commissioners for a county or for the City of Annapolis subject to an audit under § 2–1220(f)(2) of this subtitle shall be distributed to:

(i) the governing body, as defined in § 1–101 of the Local Government Article, of the county or the City of Annapolis;

(ii) the chair of the county’s House Delegation to the General Assembly; and

(iii) the chair of the county’s Senate Delegation to the General Assembly; and

(4) the Board of License Commissioners for Prince George’s County shall be distributed to:

(i) the Prince George’s County Council;

(ii) the Prince George’s County Executive;

(iii) the chair of the Prince George’s County House Delegation to the General Assembly; and

(iv) the chair of the Prince George’s County Senate Delegation to the General Assembly.

(f) Except as provided in subsection (i) of this section, after the expiration of any period that the Joint Audit and Evaluation Committee specifies, a report of the Legislative Auditor is available to the public under Title 4, Subtitles 1 through 5 of the General Provisions Article.

(g) (1) The Legislative Auditor shall review each unit’s response and advise the unit of the results of the review. The Legislative Auditor shall advise the Joint Audit and Evaluation Committee when:

(i) a unit does not make a response to a recommendation;

(ii) a unit does not indicate action to be taken in response to a recommendation;

(iii) a unit has not taken the action the unit indicated in its response to a recommendation;

(iv) a unit requests a waiver from a recommendation; or

(v) the response by the unit is not considered appropriate to carry out the recommendation.

(2) The Executive Director or the Joint Audit and Evaluation Committee may direct the Legislative Auditor to undertake a review to determine the extent to which action has been taken by a unit to implement a report recommendation.

(3) With respect to findings and recommendations of a fiscal/compliance nature, the Committee may recommend to the Governor and the Comptroller that the unit take the corrective action the unit indicates would be taken or take action to correct the findings in the report or the Committee may grant a waiver from the recommended action.

(4) Within 45 days after receipt of the recommendation the Governor shall advise the Committee as to the action taken with respect to the recommendation.

(5) Without concurrence of the Comptroller, the Committee may not waive a recommendation of the Legislative Auditor with respect to fiscal and financial record keeping, a uniform system of accounting, or the submission of fiscal and financial reports by the units.

(6) With respect to findings and recommendations of a performance nature, the Committee may make recommendations to the Governor or propose legislation after reviewing a unit’s response to a recommended action.

(7) The Legislative Auditor shall review each local school system’s response to an audit conducted under § 2–1220(e) of this subtitle and advise the local school system of the results of the review. The Legislative Auditor shall advise the Joint Audit and Evaluation Committee when a local school system:

(i) does not make a response to a recommendation;

(ii) does not indicate action to be taken in response to a recommendation;

(iii) has not taken the action the local school system indicated in its response to a recommendation; or

(iv) responds in a manner that is not considered appropriate to carry out the recommendation.

(8) The Executive Director or the Joint Audit and Evaluation Committee may direct the Legislative Auditor to undertake a review to determine the extent to which action has been taken by a local school system to implement a report recommendation.

(9) With respect to findings and recommendations made to a local school system, the Joint Audit and Evaluation Committee may make recommendations to the Governor, State Superintendent of Schools, the local school governing board, or local school officials after reviewing a local school system’s response to a recommended action.

(h) (1) The Governor and the Chief Justice of the Supreme Court of Maryland shall implement systems and processes to monitor the efforts of the Executive Departmental Units and the Judiciary, respectively, to correct audit findings reported by the Office of Legislative Audits.

(2) Within 9 months of the most recent audit report, any unit that has five or more repeat audit findings shall report to the Office of Legislative Audits for each finding in that audit report:

(i) the corrective actions taken; or

(ii) a schedule for when specific corrective actions will be implemented.

(3) Each unit required to report to the Office of Legislative Audits under paragraph (2) of this subsection shall continue to report to the Office of Legislative Audits on a quarterly basis after the initial report until the actions reported by the agency indicate that satisfactory progress has been made to address all findings.

(i) A report auditing a unit of State or local government shall have any cybersecurity findings redacted in a manner consistent with auditing best practices before the report is made available to the public.
Md. Code, Estates and Trusts § 2-102 — MD Code / Article get / Title 2 / Subtitle 1 / Section 2-102
§2–102.
Status: in_force

(a) (1) The court may:

(i) Conduct judicial probate;

(ii) Direct the conduct of a personal representative;

(iii) Summon witnesses; and

(iv) Issue orders that may be:

1. Required in the course of the administration of an estate of a decedent; or

2. Necessary to determine the value or sources of payment of an elective share under § 3–413 of this article.

(2) The court may not, under pretext of incidental power or constructive authority, exercise any jurisdiction not expressly conferred.

(b) The court may not establish rules of practice and procedure inconsistent with the Maryland Rules or with any statute.

(c) An interested person may petition the court to resolve any question concerning an estate or its administration.

(d) This section may not be construed to limit the court’s authority under § 1–301(b) of this article.
Md. Code, Criminal Procedure § 2-301 — MD Code / Article gcp / Title 2 / Subtitle 3 / Section 2-301
§2–301.
Status: in_force

(a) This section applies to a law enforcement officer of a jurisdiction in the State who engages in fresh pursuit of a person in the State.

(b) (1) Fresh pursuit is pursuit that is continuous and without unreasonable delay.

(2) Fresh pursuit need not be instant pursuit.

(3) In determining whether the pursuit meets the elements of fresh pursuit, a court shall apply the requirements of the common law definition of fresh pursuit that relates to these elements.

(c) A law enforcement officer may engage in fresh pursuit of a person who:

(1) has committed or is reasonably believed by the law enforcement officer to have committed a felony in the jurisdiction in which the law enforcement officer has the power of arrest; or

(2) has committed a misdemeanor in the presence of the law enforcement officer in the jurisdiction in which the law enforcement officer has the power of arrest.

(d) A law enforcement officer who is engaged in fresh pursuit of a person may:

(1) arrest the person anywhere in the State and hold the person in custody; and

(2) return the person to the jurisdiction in which a court has proper venue for the crime alleged to have been committed by the person.
Md. Code, Business Regulation § 2-106.3 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-106.3
§2–106.
Status: in_force

§2–106.3.

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

(2) “Commission” means the State Real Estate Commission.

(3) “Fund” means the State Real Estate Commission Fund.

(b) (1) There is a State Real Estate Commission Fund in the Department.

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

(c) The Fund consists of fees collected by the Commission and distributed to the Fund under § 17-213 of the Business Occupations and Professions Article.

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

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

(f) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.
Md. Code, Corporations and Associations § 2-606 — MD Code / Article gca / Title 2 / Subtitle 6 / Section 2-606
§2–606.
Status: in_force

Any number of amendments may be considered at a single meeting of the stockholders or directors.
Md. Code, State Government § 2-409 — MD Code / Article gsg / Title 2 / Subtitle 4 / Section 2-409
§2–409.
Status: in_force

(a) Subject to § 2–1257 of this title, the Committee shall submit to the General Assembly periodic reports to keep the members of the General Assembly fully informed about matters that come before the Committee.

(b) (1) The Committee shall compile the bills, joint resolutions, and other recommendations that are submitted to it by its special committees and by the committees of the General Assembly and are intended for submission to the General Assembly at its next session.

(2) Before that session of the General Assembly, the Committee shall prepare a report that includes those bills, resolutions, and recommendations and the reports that relate to them.

(3) The Committee shall:

(i) subject to § 2–1257 of this title, submit this report to the General Assembly; and

(ii) send this report to each other elected State officer and to the Thurgood Marshall State Law Library.
Md. Code, State Government § 2-1254 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1254
§2–1254.
Status: in_force

(a) (1) After each regular session, the Department shall compile and index:

(i) the laws that are enacted during that session;

(ii) the executive orders that have been adopted pursuant to Article II, § 24 of the Maryland Constitution since the last compilation; and

(iii) the certificates of the State Board of Elections as to the referendum vote on a law, if the vote has not been published previously.

(2) After each special session, the Department shall compile and index the laws that are enacted during that session.

(b) (1) After completion of the compilation and index, the Department shall deliver copies of the laws, executive orders adopted pursuant to Article II, § 24 of the Maryland Constitution, certificates, and titles to the printer who is designated to print the session laws.

(2) The printer shall print promptly:

(i) the documents delivered under this section; and

(ii) with the compilation for a regular session, the statement of receipts and expenditures of public money delivered under § 2–103 of the State Finance and Procurement Article.

(3) The printer shall deliver the volumes to the Executive Director.

(4) The Department shall publish other executive orders delivered to it in accordance with § 3–406(b) of this article.

(c) The Department shall:

(1) create and maintain, in the form of a statutory database, a code comprising the public general laws of the State; and

(2) maintain the structural integrity and textual accuracy of that code.
Md. Code, State Personnel and Pensions § 2-308 — MD Code / Article gsp / Title 2 / Subtitle 3 / Section 2-308
§2–308.
Status: in_force

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

(2) “Appropriate official” means:

(i) for the Executive Branch, the Secretary;

(ii) for the Judicial Branch, the State Court Administrator;

(iii) for the Legislative Branch, the President of the Senate and the Speaker of the House, acting jointly; or

(iv) for each public institution of higher education, the President of the institution.

(3) “Public institution of higher education” means:

(i) a public senior higher education institution, as defined in § 10–101 of the Education Article; and

(ii) a community college.

(4) “Telework” means to work at a location other than a traditional office setting or an employee’s usual and customary worksite, including:

(i) the employee’s home;

(ii) a satellite office; and

(iii) a telework center.

(b) This section applies to:

(1) all employees in:

(i) the Judicial, Legislative, and Executive branches of State government; and

(ii) each public institution of higher education; and

(2) (i) all units in the Judicial, Legislative, and Executive branches of State government, including units with independent personnel systems; and

(ii) each public institution of higher education.

(c) Each appropriate official shall:

(1) establish a telework program applicable to the appropriate official’s branch of government or public institution of higher education; and

(2) adopt a telework policy and telework guidelines applicable to the appropriate official’s branch of government or public institution of higher education.

(d) (1) Each appropriate official may:

(i) designate the positions for which an employee would be eligible to telework; and

(ii) beginning fiscal year 2023, negotiate criteria for designated telework positions if the employees affected by telework policies are represented by an exclusive representative.

(2) Each appropriate official shall, to the extent practicable, maximize the number of eligible employees participating in the telework program established under subsection (c) of this section.

(e) (1) Each appropriate official shall issue guidelines to ensure the adequacy of information and security protection for information and information systems used while teleworking.

(2) The appropriate official for each unit in the Executive Branch shall develop the guidelines under paragraph (1) of this subsection in coordination with the Department of Information Technology.

(3) Guidelines issued under this section shall, at a minimum, include requirements necessary to:

(i) control access to and protect unit information and information systems;

(ii) limit the introduction of vulnerabilities to unit information systems;

(iii) protect information systems not under control of the unit that are used for teleworking;

(iv) safeguard wireless and other communications capabilities that are used for teleworking; and

(v) prevent inappropriate use of official time or resources in violation of a unit’s policies.

(4) An employee determined to be eligible to participate in a telework program established under subsection (c) of this section shall receive and acknowledge the guidelines issued under this section before participating in the telework program.

(f) (1) On or before December 1 each year, the Department shall report to the Senate Budget and Taxation Committee and the House Appropriations Committee, in accordance with § 2–1257 of the State Government Article, on the number of eligible and participating employees in the applicable telework program established under subsection (c) of this section.

(2) Each appropriate official shall submit to the Department any information the Department determines is necessary to complete the report required under paragraph (1) of this subsection.
Md. Code, Commercial Law § 2-101 — MD Code / Article gcl / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

This title shall be known and may be cited as Maryland Uniform Commercial Code -- Sales.
Md. Code, Agriculture § 2-518 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-518
§2–518.
Status: reserved

(a) In this section, “area” means a priority preservation area.

(b) (1) A county may include a priority preservation area element in the county’s comprehensive plan.

(2) A county that applies for certification or recertification under § 5–408 of the State Finance and Procurement Article shall include a priority preservation area element in the county’s comprehensive plan.

(c) An area shall:

(1) (i) Contain productive agricultural or forest soils; or

(ii) Be capable of supporting profitable agricultural and forestry enterprises where productive soils are lacking;

(2) Be governed by local policies, ordinances, regulations, and procedures that:

(i) Stabilize the agricultural and forest land base so that development does not convert or compromise agricultural or forest resources; and

(ii) Support the ability of working farms in the priority preservation area to engage in normal agricultural activities; and

(3) Be large enough to support normal agricultural and forestry activities in conjunction with the amount of development permitted by the county in the priority preservation area, as represented in its adopted comprehensive plan.

(d) An area may:

(1) Consist of a single parcel of land, multiple connected parcels of land, or multiple unconnected parcels of land; and

(2) Include rural legacy areas.

(e) A county’s acreage goal for land to be preserved through easements and zoning within an area shall be equal to at least 80% of the remaining undeveloped land in the area, as calculated at the time of application for State certification of an area.

(f) Each time a county’s comprehensive plan is updated, the update shall include an evaluation of:

(1) The county’s progress toward meeting the goals of the Foundation;

(2) Any shortcomings in the county’s ability to achieve the goals of the Foundation; and

(3) Past, current, and planned actions to correct any identified shortcomings.

(g) In accordance with § 5–408 of the State Finance and Procurement Article and any regulations adopted under the authority of that section, the Department of Planning and the Maryland Agricultural Land Preservation Foundation shall jointly certify an area.

(h) In accordance with § 5–408 of the State Finance and Procurement Article, the Department of Planning and the Maryland Agricultural Land Preservation Foundation shall review any update to a county’s comprehensive plan or any other change that may affect an area.
Md. Code, Commercial Law § 2-606 — MD Code / Article gcl / Title 2 / Subtitle 6 / Section 2-606
§2–606.
Status: in_force

(1) Acceptance of goods occurs when the buyer

(a) After a reasonable opportunity to inspect the goods signifies to the seller that the goods are conforming or that he will take or retain them in spite of their nonconformity; or

(b) Fails to make an effective rejection (subsection (1) of § 2-602), but such acceptance does not occur until the buyer has had a reasonable opportunity to inspect them; or

(c) Does any act inconsistent with the seller’s ownership; but if such act is wrongful as against the seller it is an acceptance only if ratified by him.

(2) Acceptance of a part of any commercial unit is acceptance of that entire unit.
Md. Code, Real Property § 2-117 — MD Code / Article grp / Title 2 / Subtitle 1 / Section 2-117
§2–117.
Status: in_force

No deed, will, or other written instrument which affects land or personal property, creates an estate in joint tenancy, unless the deed, will, or other written instrument expressly provides that the property granted is to be held in joint tenancy.
Md. Code, Environment § 2-501 — MD Code / Article gen / Title 2 / Subtitle 5 / Section 2-501
§2–501.
Status: in_force

On a case-by-case basis, the Department may grant a temporary fuel variance to any person who is unable to obtain the type of fuel required to comply with any rule, regulation, or order adopted or issued under this title.
Md. Code, Agriculture § 2-514 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-514
§2–514.
Status: in_force

(a) (1) This section applies only to easements approved for purchase by the Board of Public Works on or before September 30, 2004.

(2) All easements approved for purchase by the Board of Public Works on or after October 1, 2004, are perpetual and not eligible for termination.

(b) An easement approved by the Board of Public Works on or before September 30, 2004, and held by the Foundation may be terminated only under extraordinary circumstances and in the manner specified in this section.

(c) (1) Except as provided in paragraph (2) of this subsection, after 25 years from the date of purchase of an easement, a landowner may request that the easement be reviewed for possible termination, subject to the requirements of this section.

(2) A landowner is not eligible to terminate any easement:

(i) Purchased using an installment purchase agreement, as provided in § 2–510(k) of this subtitle; or

(ii) Approved for purchase by the Board of Public Works on or after October 1, 2004.

(d) (1) If an eligible landowner requests that the Foundation review an easement for termination, the Foundation shall first request that the county governing body of the county containing the land under easement review the easement for termination.

(2) Subject to all other requirements of this section, an easement may be terminated only if the county governing body of the county containing the land under easement:

(i) Conducts a public hearing on the termination request after adequate public notice; and

(ii) After the public hearing, approves the termination request.

(3) The decision of the county governing body shall be in writing and may be based on:

(i) The county agricultural preservation advisory board’s recommendation to approve or deny the termination request;

(ii) Local comprehensive planning and zoning;

(iii) Local priorities to preserve agricultural land;

(iv) Local patterns of development; and

(v) Any other land use matters.

(e) (1) If the county governing body denies the request for termination, the termination review process ends and the Foundation is not required to continue to consider the request for termination.

(2) If the county governing body approves the request for termination, the county governing body shall notify the Foundation of its decision in writing.

(f) (1) On receiving the county governing body’s written notice to approve a request for termination, as provided in subsection (e)(2) of this section, the Foundation board of trustees members at large shall determine whether it is feasible to farm the land under easement in a profitable manner.

(2) Profitable farming is feasible on the land if an agricultural commodity or product may be produced on the land and sold for profit.

(3) The Foundation board of trustees members at large shall presume that it is feasible to farm the subject land in a profitable manner and the landowner has the burden to rebut this presumption.

(4) The determination of the board of trustees members at large shall be in writing and may be based on:

(i) An expert opinion as to whether profitable farming on the land is feasible;

(ii) The effect of any nonagricultural development adjacent to the land;

(iii) Whether markets exist for any agricultural products that can be produced on the land;

(iv) The profitability of nearby farms, if this information is readily available to the board of trustees members at large;

(v) Any information the landowner asks the board of trustees members at large to consider; and

(vi) Any additional information the board of trustees members at large deem relevant to determine whether it is feasible to farm the land in a profitable manner.

(g) (1) If the board of trustees members at large deny the request for termination because they determine that it is feasible to farm the land in a profitable manner, the termination review process ends and the Foundation is not required to continue to consider the request for termination.

(2) If the board of trustees members at large approve the request for termination, the Secretary shall review the request.

(h) (1) If both the county governing body and the board of trustees members at large approve a request for termination, an easement shall be terminated only if the Secretary approves the request for termination.

(2) The Secretary may approve or deny the request for termination.

(i) (1) If the request for termination is approved, two fair market value appraisals of the subject land shall be ordered by the Department of General Services at the direction of the Foundation at the expense of the landowner requesting termination of the easement.

(2) The subject land shall be appraised as of the date of the approval of the request for termination.

(3) The Department of General Services shall review the two appraisals and shall determine, subject to approval of the Board of Public Works, the fair market value of the subject land and shall issue a written statement as to the approved fair market value to the Foundation.

(4) (i) On receipt of the written statement from the Department of General Services, the Foundation shall issue a notification to the landowner of the approved fair market value.

(ii) The landowner shall have not more than 30 days from the date of the notification to elect to repurchase the easement for the fair market value as determined by the Department of General Services.

(5) (i) 1. No more than 180 days following the notification required under paragraph (4) of this subsection, the landowner may repurchase the easement by paying to the Foundation the difference between the approved fair market value and the agricultural value of the subject land.

2. For purposes of this paragraph, the fair market value is the same as set forth under § 2–511(b) of this subtitle.

(ii) For purposes of this paragraph, the agricultural value of the land is determined by the appraisal method that was in effect at the time the easement was acquired by the Foundation, either by the agricultural appraisal formula under § 2–511(d) of this subtitle or by an appraisal that determines the price as of the valuation date which a vendor, willing but not obligated to sell, would accept, and which a purchaser, willing but not obligated to buy, would pay for a farm unit with land comparable in quality and composition to the property being appraised.

(iii) 1. In the case of the termination of an easement that was originally purchased under a matching allotted purchase, the Foundation shall distribute to the contributing county a portion of the repurchase payment received under subparagraph (i) of this paragraph that is equal to the percentage of the original easement purchase price contributed by the county.

2. A. From the funds distributed to a county under this subparagraph, the county shall deposit in the county’s special account for its agricultural land preservation program an amount that is at least equal to the percentage of the original easement purchase price that was paid out of the special account.

B. If any of the funds deposited in the county’s special account have not been expended or committed within the period of time prescribed in § 13–306(c)(2) and (d) of the Tax – Property Article, the county collector shall remit those funds to the Comptroller for deposit in the Maryland Agricultural Land Preservation Fund as provided in § 13–306(d) of the Tax – Property Article.

3. The county shall deposit the balance of the funds distributed to it under this subparagraph in the county’s general fund.

4. If an easement is terminated, the Foundation shall deposit its portion of the repurchase payment in the Maryland Agricultural Land Preservation Fund as provided under § 2–505 of this subtitle.

(j) If the request for termination is denied, or if the landowner fails to elect to repurchase the easement within 30 days of the notification required under subsection (i)(4) of this section, or fails to repurchase the easement within 180 days of the notification, the landowner may not again request termination of the easement until five years after his last request for termination.

(k) (1) This subsection applies only to easements that the Foundation acquires on or before September 30, 2004.

(2) Before deciding on a request for termination of an easement, the Foundation shall provide a landowner with the opportunity for a hearing.

(3) The landowner may appeal any Foundation denial directly to the circuit court of the county where the land is located.

(4) The circuit court shall hear and determine the appeal on the record made in accordance with § 10–222 of the State Government Article.
Md. Code, Business Occupations and Professions § 2-307 — MD Code / Article gbo / Title 2 / Subtitle 3 / Section 2-307
§2–307.
Status: in_force

(a) Subject to the provisions of this section, an applicant who fails an examination given under § 2-305 of this subtitle may retake the examination.

(b) (1) Subject to the provisions of this subsection, the Board may not limit the number of times that an applicant may take an examination.

(2) The Board may adopt regulations to set conditions for retaking examinations, including requirements that an applicant:

(i) wait a reasonable period between examinations; and

(ii) prepare for reexamination in a manner specified by the Board.

(c) (1) An applicant for reexamination shall:

(i) submit to the Board an application for reexamination on the form that the Board provides; and

(ii) pay to the Board or the Board’s designee a reexamination fee set under this subsection.

(2) The Board shall set fees for reexamination so that:

(i) the fee for reexamination on the entire examination does not exceed the cost of the required reexamination; and

(ii) the fee for reexamination on less than the entire examination is less than the fee set for the entire examination.
Md. Code, State Government § 2-705 — MD Code / Article gsg / Title 2 / Subtitle 7 / Section 2-705
§2–705.
Status: in_force

The Committee shall meet at the times and places that it determines.
Md. Code, Commercial Law § 2-604 — MD Code / Article gcl / Title 2 / Subtitle 6 / Section 2-604
§2–604.
Status: in_force

Subject to the provisions of the immediately preceding section on perishables if the seller gives no instructions within a reasonable time after notification of rejection the buyer may store the rejected goods for the seller’s account or reship them to him or resell them for the seller’s account with reimbursement as provided in the preceding section. Such action is not acceptance or conversion.
Md. Code, State Government § 2-504 — MD Code / Article gsg / Title 2 / Subtitle 5 / Section 2-504
§2–504.
Status: in_force

The Senate chair and the House chair of the Committee shall be appointed by the President and the Speaker, respectively, from the membership of the Committee. One shall be a Senator appointed by the President, and the other shall be a Delegate appointed by the Speaker. The presiding chairship and cochairship shall be alternated annually between the Senate and the House.
Md. Code, Business Occupations and Professions § 2-411 — MD Code / Article gbo / Title 2 / Subtitle 4 / Section 2-411
§2–411.
Status: in_force

On its own initiative or on a written complaint made to the Board by any person, the Board may commence proceedings under § 2-410 of this subtitle.
Md. Code, Commercial Law § 2A-214.1 — MD Code / Article gcl / Title 2A / Subtitle 2 / Section 2A-214.1
§2A–214.
Status: in_force

§2A–214.1.

(1) The provisions of § 2A-214 do not apply to leases of consumer goods, as defined by § 9-109, services, or both.

(2) Any oral or written language used by a lessor of consumer goods and services, which attempts to exclude or modify any implied warranties of merchantability and fitness for a particular purpose or to exclude or modify the consumer’s remedies for breach of those warranties, is unenforceable. However, the lessor may recover from the manufacturer any damages resulting from breach of the implied warranty of merchantability or fitness for a particular purpose.

(3) Any oral or written language used by a manufacturer of consumer goods, which attempts to limit or modify a consumer’s remedies for breach of the manufacturer’s express warranties, is unenforceable, unless the manufacturer provides reasonable and expeditious means of performing the warranty obligations.

(4) (a) The provisions of this section do not apply to a motor vehicle:

(i) Required to be titled under the Transportation Article;

(ii) That is over 6 model years old and that has been driven more than 60,000 miles; and

(iii) If, at any time of the lease of the motor vehicle, the lessor gives the lessee notice of the inapplicability of this section on the form prescribed under § 13-119 of the Transportation Article.

(b) (i) An exclusion or modification of an implied warranty of merchantability, or any part of a warranty under this subsection shall be in writing, mention merchantability, and be conspicuous.

(ii) An exclusion or modification of the implied warranty of fitness shall be in writing and conspicuous.

(iii) Any exclusion or modification of either warranty shall be separately acknowledged by the signature of the lessee.
Md. Code, State Government § 2-1006 — MD Code / Article gsg / Title 2 / Subtitle 10 / Section 2-1006
§2–1006.
Status: in_force

The Senate and the House budget committees:

(1) in considering a proposed State budget, shall consider the recommendations of the Spending Affordability Committee; and

(2) shall:

(i) report a budget bill that conforms to those recommendations; or

(ii) if the level of the budget bill in the report is above those recommendations, provide, with the report, an analysis stating the extent to which the budget bill exceeds the recommendations and explaining the budget committee’s rationale for exceeding the recommendations.
Md. Code, State Finance and Procurement § 2-301 — MD Code / Article gsf / Title 2 / Subtitle 3 / Section 2-301
§2–301.
Status: in_force

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

(b) “Authorized officer” means any official of the State or any of its political subdivisions whose signature to a public security or instrument of payment is required or permitted.

(c) “Facsimile signature” means a reproduction by engraving, imprinting, stamping, or other means of the manual signature of any authorized officer.

(d) “Instrument of payment” means a check, draft, warrant, or order for the payment, delivery, or transfer of funds.

(e) “Public security” means a bond, note, certificate of indebtedness, or other obligation for the payment of money, issued by the State or by any of its political subdivisions.

(f) “State” means the State or any of its departments, agencies, public bodies, or other instrumentalities.
Md. Code, Alcoholic Beverages and Cannabis § 2-131 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-131
§2–131.
Status: in_force

(a) In this section, “off–site permit” includes:

(1) a manufacturer off–site permit; and

(2) a retail off–site permit.

(b) There is a nonprofit beer, wine, and liquor festival permit.

(c) The Executive Director may issue the permit to a nonprofit organization, as defined by § 501(c) of the Internal Revenue Code, that meets the requirements of this section.

(d) (1) The permit authorizes the permit holder to:

(i) conduct a nonprofit beer, wine, and liquor festival for at least 1 day and not more than 3 consecutive days;

(ii) purchase beer, wine, and liquor at wholesale to:

1. provide to a consumer a sample that may not exceed:

A. for beer, 4 fluid ounces for each offering;

B. for wine, 1 fluid ounce for each offering; and

C. for liquor, four samples of one–quarter of 1 fluid ounce for each offering; and

2. sell to a consumer beer, wine, and liquor for on– and off–premises consumption; and

(iii) contract with a holder of a retail off–site permit to operate a sampling and sales area.

(2) The permit holder shall provide space at a nonprofit beer, wine, and liquor festival for holders of off–site permits.

(3) A holder of an off–site permit that attends a nonprofit beer, wine, and liquor festival may provide beer, wine, and liquor to a consumer in the same manner as the holder of the nonprofit beer, wine, and liquor festival permit.

(4) The permit holder may provide or sell at the nonprofit beer, wine, and liquor festival only alcoholic beverages provided by the permit holder or a holder of an off–site permit that is in attendance.

(e) At all times during the nonprofit beer, wine, and liquor festival, the permit holder shall have present at least two agents, one of whom may be the permit holder, who are certified by an approved alcohol awareness program.

(f) (1) Not less than 30 days before the nonprofit beer, wine, and liquor festival, a person shall submit an application to the Executive Director.

(2) The application shall:

(i) be on a form that the Executive Director provides;

(ii) state that the primary purpose of the nonprofit beer, wine, and liquor festival is to promote Maryland beer, wine, and liquor;

(iii) provide details of the nonprofit beer, wine, and liquor festival, including the location, dates, and times of operation; and

(iv) include appropriate evidence that the applicant has been given permission by the owner of the property where the nonprofit beer, wine, and liquor festival is to be held.

(g) Not less than 15 days before the nonprofit beer, wine, and liquor festival, the permit holder shall provide the Executive Director with a list of off–site permit holders that will attend.

(h) The permit fee is:

(1) $100, to promote a single product category;

(2) $150, to promote two product categories; and

(3) $200, to promote three product categories.
Md. Code, Transportation § 2-107 — MD Code / Article gtr / Title 2 / Subtitle 1 / Section 2-107
§2–107.
Status: in_force

(a) The following units are in the Department:

(1) Maryland Aviation Administration;

(2) Maryland Port Administration;

(3) Maryland Transit Administration;

(4) State Highway Administration;

(5) Motor Vehicle Administration;

(6) Board of Airport Zoning Appeals;

(7) State Roads Commission;

(8) Transportation Professional Services Selection Board; and

(9) Maryland Transportation Commission.

(b) The Department also includes any other unit that, in accordance with law, is declared to be in the Department.
Md. Code, Business Occupations and Professions § 2-4A-03 — MD Code / Article gbo / Title 2 / Subtitle 4A / Section 2-4A-03
§2–4A–03.
Status: reserved

(a) A licensee or permit holder who provides services requiring peer review on or after October 1, 2005, shall comply with the peer review requirement within 3 years after initiating those services.

(b) A licensee or permit holder who provides services requiring a peer review and who submits a renewal application after October 1, 2008, shall affirm under the penalties of perjury on a standard form provided by the Board completion of the licensee or permit holder’s most recent peer review.

(c) If the 3-year period in subsection (a) of this section has not expired prior to the date of the license or permit renewal, and the licensee or permit holder has had no peer review within the last 3 years, the licensee or permit holder must notify the Board in writing within 30 days of the date the peer review is completed.
Md. Code, Health - General § 2-101 — MD Code / Article ghg / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

There is a Maryland Department of Health, established as a principal department of the State government.
Md. Code, Election Law § 2-303.1 — MD Code / Article gel / Title 2 / Subtitle 3 / Section 2-303.1
§2–303.
Status: in_force

§2–303.1.

(a) At least 7 months before each statewide primary election, each local board shall submit an election plan to the State Board for approval.

(b) An election plan shall include:

(1) a polling place plan that meets the requirements of subsection (c) of this section;

(2) a ballot drop box plan developed in accordance with § 2–304 of this subtitle;

(3) an early voting center plan that meets the requirements of subsection (d) of this section; and

(4) an analysis of how to maximize voter participation in the county and each precinct.

(c) (1) A polling place plan shall include:

(i) evidence that the plan complies with § 10–101(a)(2) of this article; and

(ii) the information specified in paragraph (2) of this subsection if:

1. in the first statewide election held after a statewide redistricting based on the census, the polling place plan proposes to reduce the total number of separate buildings used as polling places below the total number of separate buildings used as polling places in the immediately preceding general election; or

2. in any statewide election other than the first statewide election held after a statewide redistricting based on the census, the polling place plan proposes to reduce the total number of separate buildings used as polling places below the total number of separate buildings used as polling places in the first statewide general election held after the most recent statewide redistricting based on the census.

(2) If required under paragraph (1)(ii) of this subsection, a polling place plan shall include:

(i) the address and a description of the location of each affected polling place;

(ii) an analysis of available suitable buildings within the precinct boundary, including the availability of parking and a determination regarding building compliance with the federal Americans with Disabilities Act;

(iii) of the voters who cast ballots in each affected precinct in the three most recent statewide elections:

1. the percentage who voted in person on election day;

2. the percentage who voted by mail;

3. the number who registered to vote on election day; and

4. the number who voted at an early voting center;

(iv) the proximity of the proposed polling place to a dense concentration of voters in the affected precinct;

(v) the change in the number of registered voters in the affected precinct from the last statewide election;

(vi) the public transportation options that voters in each affected precinct could use to access the polling place that would serve the precinct under the plan; and

(vii) an analysis of the impact on the ability of historically disenfranchised communities to cast a ballot, including demographic information of the voters in the affected precinct.

(d) An early voting center plan shall use the following factors when determining the location of an early voting center in the county:

(1) accessibility of the early voting center to historically disenfranchised communities, including cultural groups, ethnic groups, and minority groups;

(2) proximity of the early voting center to dense concentrations of voters;

(3) accessibility of the early voting center by public transportation;

(4) for counties with four or more early voting centers, ensuring equitable geographic distribution of early voting centers throughout the county; and

(5) the use of community centers and public gathering places.

(e) (1) The requirements of this subsection do not apply if a local board is creating a new precinct or changing a precinct boundary or polling place under § 2–303(f) of this subtitle during the period beginning 21 days before election day through election day.

(2) Each local board shall:

(i) maintain a contact list of individuals and organizations who wish to be notified about local board meetings at which an election plan or any proposed changes to the locations of polling places will be discussed; and

(ii) include information about the purpose of the contact list and how to register for the list in a conspicuous location on the local board’s website.

(3) A local board may not vote to adopt an election plan or change the location of a polling place unless the local board first:

(i) holds a meeting to discuss and vote on the proposed election plan or change in the location of a polling place; and

(ii) provides an opportunity for interested individuals and organizations to provide written or oral testimony at the meeting on the proposed election plan or change in the location of a polling place.

(4) At least 14 days before the meeting required under paragraph (3)(i) of this subsection, the local board shall:

(i) post the proposed election plan or a written description of the proposed change in the location of a polling place on the local board’s website; and

(ii) provide written notice of the meeting to:

1. each individual and organization on the contact list maintained in accordance with paragraph (2)(i) of this subsection;

2. if an election plan will be considered at the meeting, the elected officials specified in paragraph (5) of this subsection who represent all or any portion of the county; or

3. if a change in the location of a polling place will be considered at the meeting, the elected officials specified in paragraph (5) of this subsection who represent the precinct containing either the current polling place location or the proposed polling place location.

(5) If required under paragraph (4)(ii)2 or 3 of this subsection, the local board shall provide notice of the meeting to:

(i) the mayor;

(ii) the county executive;

(iii) each county commissioner;

(iv) each county council member;

(v) each municipal council member; and

(vi) each member of the General Assembly.

(f) The local board shall submit to the State Board with the local board’s election plan any written testimony and a summary of any oral testimony on the election plan provided by the public at the meeting at which the local board discussed and voted on the election plan.

(g) (1) The State Board shall vote on the election plan submitted by each local board.

(2) The State Board shall approve an election plan of a local board if the election plan:

(i) complies with the requirements of this section and § 10–101(a)(2) of this article;

(ii) has been reviewed by the State Administrator; and

(iii) will not negatively affect access to voting for historically disenfranchised communities.

(h) If the State Board votes on an election plan and does not approve the election plan under subsection (g) of this section, the local board shall submit a revised election plan to the State Board within 15 days after the date on which the State Board voted on the previous plan.
Md. Code, Courts and Judicial Proceedings § 2-212 — MD Code / Article gcj / Title 2 / Subtitle 2 / Section 2-212
§2–212.
Status: in_force

(a) The clerk of a circuit court shall regularly report to the Secretary of State the name and office of each officer who has taken, before the clerk, the oath required by the Constitution or another law.

(b) (1) On request of any person, the clerk of a circuit court shall give a certificate, under the seal of the clerk’s office, of the qualification of any public officer:

(i) Who has taken the oath of office before the clerk; or

(ii) Whose oath of office is recorded in the clerk’s office.

(2) The clerk shall charge $1 for issuing a certificate under seal of the qualifications of any public official, including justices of the peace and notaries public.
Md. Code, Business Regulation § 2-106.15 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-106.15
§2–106.
Status: in_force

§2–106.15.

(a) In this section, “Fund” means the Household Goods Movers Registration Fund.

(b) (1) There is a Household Goods Movers Registration Fund in the Department.

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

(c) (1) The Department shall pay all fees collected under Title 8.5 of this article to the Comptroller.

(2) The Comptroller shall distribute the fees to the Fund.

(d) The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Department under Title 8.5 of this article.

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

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

(g) Any investment earnings of the Fund shall be credited to the General Fund of the State.
Md. Code, Alcoholic Beverages and Cannabis § 2-169 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-169
§2–169.
Status: in_force

(a) (1) To qualify for a direct beer delivery permit, an applicant shall be:

(i) a person licensed in the State to engage in the manufacture of beer; and

(ii) a holder of a Class 7 limited beer wholesaler’s license.

(2) The holder of a direct beer delivery permit issued under § 2–170 of this subtitle may sell and deliver the permit holder’s own product to an individual in the State if:

(i) the delivery is made by an employee who is:

1. at least 18 years old; and

2. certified by an approved alcohol awareness program;

(ii) the purchaser, or another individual at least 21 years old designated by the purchaser, is physically present to receive the beer at the time and place of delivery;

(iii) the purchaser pays for the purchase at the time of order; and

(iv) the direct beer deliverer and the individual receiving the delivery each endorse a delivery form that the Executive Director approves certifying that the direct beer deliverer examined the recipient’s government–issued identification and the recipient was at least 21 years old.

(b) (1) To qualify for a direct liquor delivery permit, an applicant shall be:

(i) a person issued a license by the Executive Director in the State to engage in the manufacture of liquor; and

(ii) a holder of a Class 8 limited wholesaler’s license.

(2) The holder of a direct liquor delivery permit issued under § 2–170 of this subtitle may sell and deliver the permit holder’s own product to an individual in the State if:

(i) the delivery is made by an employee who is:

1. at least 18 years old; and

2. certified by an approved alcohol awareness program;

(ii) the purchaser, or another individual at least 21 years old designated by the purchaser, is physically present to receive the liquor at the time and place of delivery;

(iii) the purchaser pays for the purchase at the time of order; and

(iv) the direct liquor deliverer and the individual receiving the delivery each endorse a delivery form that the Executive Director approves certifying that the direct liquor deliverer examined the recipient’s government–issued identification and the recipient was at least 21 years old.
Md. Code, State Personnel and Pensions § 2-204 — MD Code / Article gsp / Title 2 / Subtitle 2 / Section 2-204
§2–204.
Status: in_force

(a) This section applies to an appointing authority for a position in the Executive Branch of State government, except a position in the State Personnel Management System.

(b) An appointing authority subject to this section shall develop a hiring preference for individuals with disabilities, as defined by the federal Americans with Disabilities Act, that is equivalent to the credit applied on a selection test under § 7–207(g) of this article.
Md. Code, Business Occupations and Professions § 2-412 — MD Code / Article gbo / Title 2 / Subtitle 4 / Section 2-412
§2–412.
Status: in_force

(a) Except as otherwise provided in § 10-226 of the State Government Article, before the Board takes any final action under § 2-410 of this subtitle, it shall give the person 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 Title 10, Subtitle 2 of the State Government Article.

(c) The Board may administer oaths in connection with any proceeding under this section.

(d) (1) The Board may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with any proceeding under this section.

(2) If a person fails to comply with a subpoena issued under this subsection, on petition of the Board, a circuit court may compel compliance with the subpoena.

(e) If, after due notice, the person against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
Md. Code, Commercial Law § 2A-103 — MD Code / Article gcl / Title 2A / Subtitle 1 / Section 2A-103
§2A–103.
Status: in_force

(1) In this title unless the context otherwise requires:

(a) “Buyer in ordinary course of business” means a person who in good faith and without knowledge that the sale to him is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods buys in ordinary course from a person in the business of selling goods of that kind but does not include a pawnbroker. “Buying” may be for cash or by exchange of other property or on secured or unsecured credit and includes acquiring goods or documents of title under a preexisting contract for sale but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.

(b) “Cancellation” occurs when either party puts an end to the lease contract for default by the other party.

(c) “Commercial unit” means such a unit of goods as by commercial usage is a single whole for purposes of lease and division of which materially impairs its character or value on the market or in use. A commercial unit may be a single article, as a machine, or a set of articles, as a suite of furniture or a line of machinery, or a quantity, as a gross or carload, or any other unit treated in use or in the relevant market as a single whole.

(d) “Conforming” goods or performance under a lease contract means goods or performance that are in accordance with the obligations under the lease contract.

(e) “Consumer lease” means a lease that a lessor regularly engaged in the business of leasing or selling makes to a lessee who is an individual and takes under the lease primarily for a personal, family, or household purpose.

(f) “Fault” means wrongful act, omission, breach, or default.

(g) “Finance lease” means a lease with respect to which:

(i) The lessor does not select, manufacture, or supply the goods;

(ii) The lessor acquires the goods or the right to possession and use of the goods in connection with the lease; and

(iii) One of the following occurs:

(A) The lessee receives a copy of the contract by which the lessor acquired the goods or the right to possession and use of the goods before signing the lease contract;

(B) The lessee’s approval of the contract by which the lessor acquired the goods or the right to possession and use of the goods is a condition to effectiveness of the lease contract;

(C) The lessee, before signing the lease contract, receives an accurate and complete statement designating the promises and warranties, and any disclaimers of warranties, limitations or modifications of remedies, or liquidated damages, including those of a third party, such as the manufacturer of the goods, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods; or

(D) If the lease is not a consumer lease, the lessor, before the lessee signs the lease contract, informs the lessee in writing (a) of the identity of the person supplying the goods to the lessor, unless the lessee has selected that person and directed the lessor to acquire the goods or the right to possession and use of the goods from that person, (b) that the lessee is entitled under this title to the promises and warranties, including those of any third party, provided to the lessor by the person supplying the goods in connection with or as part of the contract by which the lessor acquired the goods or the right to possession and use of the goods, and (c) that the lessee may communicate with the person supplying the goods to the lessor and receive an accurate and complete statement of those promises and warranties, including any disclaimers and limitations of them or of remedies.

(h) “Goods” means all things that are movable at the time of identification to the lease contract, or are fixtures (§ 2A-309), but the term does not include money, documents, instruments, accounts, chattel paper, general intangibles, or minerals or the like, including oil and gas, before extraction. The term also includes the unborn young of animals.

(i) “Installment lease contract” means a lease contract that authorizes or requires the delivery of goods in separate lots to be separately accepted, even though the lease contract contains a clause “each delivery is a separate lease” or its equivalent.

(j) “Lease” means a transfer of the right to possession and use of goods for a term in return for consideration, but a sale, including a sale on approval or a sale or return, or retention or creation of a security interest is not a lease. Unless the context clearly indicates otherwise, the term includes a sublease.

(k) “Lease agreement” means the bargain, with respect to the lease, of the lessor and the lessee in fact as found in their language or by implication from other circumstances including course of dealing or usage of trade or course of performance as provided in this title. Unless the context clearly indicates otherwise, the term includes a sublease agreement.

(l) “Lease contract” means the total legal obligation that results from the lease agreement as affected by this title and any other applicable rules of law. Unless the context clearly indicates otherwise, the term includes a sublease contract.

(m) “Leasehold interest” means the interest of the lessor or the lessee under a lease contract.

(n) “Lessee” means a person who acquires the right to possession and use of goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessee.

(o) “Lessee in ordinary course of business” means a person who in good faith and without knowledge that the lease to him is in violation of the ownership rights or security interest or leasehold interest of a third party in the goods leases in ordinary course from a person in the business of selling or leasing goods of that kind but does not include a pawnbroker. “Leasing” may be for cash or by exchange of other property or on secured or unsecured credit and includes acquiring goods or documents of title under a preexisting lease contract but does not include a transfer in bulk or as security for or in total or partial satisfaction of a money debt.

(p) “Lessor” means a person who transfers the right to possession and use of goods under a lease. Unless the context clearly indicates otherwise, the term includes a sublessor.

(q) “Lessor’s residual interest” means the lessor’s interest in the goods after expiration, termination, or cancellation of the lease contract.

(r) “Lien” means a charge against or interest in goods to secure payment of a debt or performance of an obligation, but the term does not include a security interest.

(s) “Lot” means a parcel or a single article that is the subject matter of a separate lease or delivery, whether or not it is sufficient to perform the lease contract.

(t) “Merchant lessee” means a lessee that is a merchant with respect to goods of the kind subject to the lease.

(u) “Present value” means the amount as of a date certain of one or more sums payable in the future, discounted to the date certain. The discount is determined by the interest rate specified by the parties if the rate was not manifestly unreasonable at the time the transaction was entered into; otherwise, the discount is determined by a commercially reasonable rate that takes into account the facts and circumstances of each case at the time the transaction was entered into.

(v) “Purchase” includes taking by sale, lease, mortgage, security interest, pledge, gift, or any other voluntary transaction creating an interest in goods.

(w) “Sublease” means a lease of goods the right to possession and use of which was acquired by the lessor as a lessee under an existing lease.

(x) “Supplier” means a person from whom a lessor buys or leases goods to be leased under a finance lease.

(y) “Supply contract” means a contract under which a lessor buys or leases goods to be leased.

(z) “Termination” occurs when either party pursuant to a power created by agreement or law puts an end to the lease contract otherwise than for default.

(2) Other definitions applying to this title and the sections in which they appear are:

“Accessions.” § 2A-310(1).

“Construction mortgage.” § 2A-309(1)(d).

“Encumbrance.” § 2A-309(1)(e).

“Fixtures.” § 2A-309(1)(a).

“Fixture filing.” § 2A-309(1)(b).

“Purchase money lease.” § 2A-309(1)(c).

(3) The following definitions in other titles apply to this title:

“Between merchants.” § 2–104(3).

“Buyer.” § 2–103(1)(a).

“Consumer goods.” § 9–102(a)(23).

“Entrusting.” § 2–403(3).

“Merchant.” § 2–104(1).

“Receipt.” § 2–103(1)(c).

“Sale.” § 2–106(1).

“Sale on approval.” § 2–326.

“Sale or return.” § 2–326.

“Seller.” § 2–103(1)(d).

(4) In addition Title 1 contains general definitions and principles of construction and interpretation applicable throughout this title.
Md. Code, Business Regulation § 2-103 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-103
§2–103.
Status: in_force

(a) (1) With the approval of the Governor, the Secretary shall appoint a deputy secretary.

(2) The deputy secretary:

(i) serves at the pleasure of the Secretary;

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

(iii) has the duties provided by law or delegated by the Secretary.

(b) (1) The Secretary may employ a staff attached to the Office of the Secretary, in accordance with the State budget.

(2) Each staff assistant in the Office of the Secretary in charge of a particular area of responsibility and each professional consultant is in the executive service, management service, or is a special appointment in the State Personnel Management System and is appointed by and serves at the pleasure of the Secretary.

(3) Unless otherwise provided by law, the Secretary shall appoint and remove all other staff in the Office of the Secretary in accordance with the provisions of the State Personnel and Pensions Article.

(4) The Secretary may review any personnel action taken by any unit in the Department. The Secretary may delegate to the head or governing body of any unit in the Department the power to approve any appointment or removal.

(5) Whenever the Secretary is authorized by law to make an appointment with the approval of the Governor, the Secretary may not remove the appointee without first obtaining the approval of the Governor.
Md. Code, Commercial Law § 2-501 — MD Code / Article gcl / Title 2 / Subtitle 5 / Section 2-501
§2–501.
Status: in_force

(1) The buyer obtains a special property and an insurable interest in goods by identification of existing goods as goods to which the contract refers even though the goods so identified are nonconforming and he has an option to return or reject them. Such identification can be made at any time and in any manner explicitly agreed to by the parties. In the absence of explicit agreement identification occurs

(a) When the contract is made if it is for the sale of goods already existing and identified;

(b) If the contract is for the sale of future goods other than those described in paragraph (c), when goods are shipped, marked or otherwise designated by the seller as goods to which the contract refers;

(c) When the crops are planted or otherwise become growing crops or the young are conceived if the contract is for the sale of unborn young to be born within twelve months after contracting or for the sale of crops to be harvested within twelve months or the next normal harvest season after contracting whichever is longer.

(2) The seller retains an insurable interest in goods so long as title to or any security interest in the goods remains in him and where the identification is by the seller alone he may until default or insolvency or notification to the buyer that the identification is final substitute other goods for those identified.

(3) Nothing in this section impairs any insurable interest recognized under any other statute or rule of law.
Md. Code, Tax - General § 2-614 — MD Code / Article gtg / Title 2 / Subtitle 6 / Section 2-614
§2–614.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, after making the distributions required under §§ 2–613 and 2–613.1 of this subtitle, the Comptroller shall distribute monthly 20% of the remaining income tax revenue from corporations to a special fund to be distributed as provided in subsection (b) of this section.

(2) The percent of the remaining income tax revenue from corporations distributed to a special fund to be distributed as provided in subsection (b) of this section shall be:

(i) 17.2% for the fiscal year beginning July 1, 2022;

(ii) 20% for the fiscal year beginning July 1, 2023;

(iii) 21% for the fiscal year beginning July 1, 2024; and

(iv) 22% for each fiscal year beginning on or after July 1, 2025, but before July 1, 2027.

(b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, from the special fund, the Comptroller shall distribute an amount equal to 20% of the cost to administer the income tax on corporations to an administrative cost account.

(ii) The percent of the cost to administer the income tax on corporations that is distributed to an administrative cost account shall be:

1. 17.2% for the fiscal year beginning July 1, 2022;

2. 20% for the fiscal year beginning July 1, 2023;

3. 21% for the fiscal year beginning July 1, 2024; and

4. 22% for each fiscal year beginning on or after July 1, 2025, but before July 1, 2027.

(2) After making the distribution required under paragraph (1) of this subsection, the Comptroller shall distribute the balance in the special fund to the Gasoline and Motor Vehicle Revenue Account in the Transportation Trust Fund.
Md. Code, Human Services § 2-402 — MD Code / Article ghu / Title 2 / Subtitle 4 / Section 2-402
§2–402.
Status: in_force

(a) There is a Maryland Commission for Women in the Department.

(b) The Commission shall report to the Governor and the General Assembly through the Secretary.
Md. Code, Commercial Law § 2A-203 — MD Code / Article gcl / Title 2A / Subtitle 2 / Section 2A-203
§2A–203.
Status: in_force

The affixing of a seal to a writing evidencing a lease contract or an offer to enter into a lease contract does not render the writing a sealed instrument and the law with respect to sealed instruments does not apply to the lease contract or offer.
Md. Code, Commercial Law § 2-603 — MD Code / Article gcl / Title 2 / Subtitle 6 / Section 2-603
§2–603.
Status: in_force

(1) Subject to any security interest in the buyer (subsection (3) of § 2-711), when the seller has no agent or place of business at the market of rejection a merchant buyer is under a duty after rejection of goods in his possession or control to follow any reasonable instructions received from the seller with respect to the goods and in the absence of such instructions to make reasonable efforts to sell them for the seller’s account if they are perishable or threaten to decline in value speedily. Instructions are not reasonable if on demand indemnity for expenses is not forthcoming.

(2) When the buyer sells goods under subsection (1), he is entitled to reimbursement from the seller or out of the proceeds for reasonable expenses of caring for and selling them, and if the expenses include no selling commission then to such commission as is usual in the trade or if there is none to a reasonable sum not exceeding ten percent of the gross proceeds.

(3) In complying with this section the buyer is held only to good faith and good faith conduct hereunder is neither acceptance nor conversion nor the basis of an action for damages.
Md. Code, Agriculture § 2-501 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-501
§2–501.
Status: in_force

In this subtitle, “child”:

(1) Means a biological child, an adopted child, or a stepchild; and

(2) Does not include a foster child, a grandchild, or a descendant more remote than a grandchild.
Md. Code, Financial Institutions § 2-105 — MD Code / Article gfi / Title 2 / Subtitle 1 / Section 2-105
§2–105.
Status: in_force

The Commissioner exercises the powers and performs the duties of the office subject to the authority of the Secretary of Labor.
Md. Code, Alcoholic Beverages and Cannabis § 2-158 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-158
§2–158.
Status: in_force

(a) There is an alcohol awareness program permit.

(b) The permit authorizes the holder to conduct an alcohol awareness program as certified by the Executive Director under § 4–505 of this article.

(c) The permit fee is $15.
Md. Code, Alcoholic Beverages and Cannabis § 2-502 — MD Code / Article gab / Title 2 / Subtitle 5 / Section 2-502
§2–502.
Status: in_force

(a) The Executive Director may issue a State caterer’s license to a person that:

(1) is engaged in the business of catering;

(2) meets all State and local requirements for and holds all required licenses relating to the conduct of the catering business;

(3) holds any catering license that may be required under this article in the jurisdiction in which the person’s principal place of business is located;

(4) (i) holds a retail license that may be annually renewed other than a Class C license; or

(ii) does not hold a license but has a permanent office and storage facility for alcoholic beverages in the State; and

(5) meets all other requirements of this subtitle.

(b) A licensed retail dealer that operates only in the jurisdiction under authority of the local licensing board need not acquire a State caterer’s license.
Md. Code, Commercial Law § 2-717 — MD Code / Article gcl / Title 2 / Subtitle 7 / Section 2-717
§2–717.
Status: in_force

The buyer on notifying the seller of his intention to do so may deduct all or any part of the damages resulting from any breach of the contract from any part of the price still due under the same contract.
Md. Code, State Government § 2-704 — MD Code / Article gsg / Title 2 / Subtitle 7 / Section 2-704
§2–704.
Status: in_force

(a) The President and the Speaker:

(1) jointly shall appoint a chair and a vice chair of the Committee; or

(2) each shall appoint a cochair of the Committee.

(b) Appointees serve at the pleasure of the appointing authority.
Md. Code, Insurance § 2-402 — MD Code / Article gin / Title 2 / Subtitle 4 / Section 2-402
§2–402.
Status: in_force

There is an Insurance Fraud Division in the Administration.
Md. Code, Business Occupations and Professions § 2-311 — MD Code / Article gbo / Title 2 / Subtitle 3 / Section 2-311
§2–311.
Status: in_force

(a) (1) This subsection does not apply to a certified public accountant who is on emeritus status under § 2–313.1 of this subtitle.

(2) Unless a license is renewed for a 2–year term as provided in this section, the license expires on the first December 31 that comes:

(i) after the effective date of the license; and

(ii) in an even–numbered year.

(b) (1) At least 1 month before a license expires, the Board shall mail or electronically transmit to the licensee:

(i) a renewal application form; and

(ii) a notice that states:

1. the date on which the current license expires; and

2. the amount of the license fee.

(2) If an electronic transmission under paragraph (1) of this subsection is returned to the Board as undeliverable, the Board shall mail to the licensee, at the last known address of the licensee, the materials required under paragraph (1) of this subsection within 10 business days of the date the Board received the notice that the electronic transmission was undeliverable.

(c) Before a license expires, the licensee periodically may renew it for an additional 2–year term, if the licensee:

(1) otherwise is entitled to be licensed;

(2) pays to the Board a license fee set by the Board; and

(3) submits to the Board:

(i) a renewal application on the form that the Board provides; and

(ii) satisfactory evidence of compliance with the continuing education requirements set under this subtitle for license renewal.

(d) The Board shall renew the license of each licensee who meets the requirements of this section.

(e) The Secretary may determine that licenses issued under this subtitle shall expire on a staggered basis.
Md. Code, Business Occupations and Professions § 2-701 — MD Code / Article gbo / Title 2 / Subtitle 7 / Section 2-701
§2–701.
Status: in_force

This title may be cited as the “Maryland Public Accountancy Act”.
Md. Code, Environment § 2-901 — MD Code / Article gen / Title 2 / Subtitle 9 / Section 2-901
§2–901.
Status: in_force

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

(2) (i) “Active transportation” means any self–propelled mode of transportation such as walking, bicycling, or scootering.

(ii) “Active transportation” includes:

1. Bicycling on a bicycle with an electric component; and

2. Operating a scooter with an electric component.

(3) “Active transportation subsidy” means the amount paid by an employer to an employee on a regular basis to cover the costs associated with active transportation, including the costs associated with:

(i) Bicycle maintenance;

(ii) Shared bicycle and scooter memberships;

(iii) Bicycling gear such as helmets, hydration packs, bottles with cages, spare tubes, patch kits, pumps, tire levers, cycling multitools, bike shoes and gloves, saddle bags, reflective accessories, and locks; and

(iv) Walking gear such as reflective accessories and walking or running shoes.

(4) “Business entity” means:

(i) A person conducting or operating a trade or business in Maryland; or

(ii) An organization operating in Maryland that is exempt from taxation under § 501(c)(3) or (4) of the Internal Revenue Code.

(5) “Carpool” means using a privately owned or employer–owned vehicle to share a commute with two or more individuals.

(6) (i) “Carpool subsidy” means the amount paid by an employer to an employee on a regular basis to cover the costs of normally operating a vehicle used for carpooling, including employer payment or reimbursement of:

1. E–ZPass and toll fees;

2. Parking fees; and

3. Other costs associated with carpooling, as appropriate.

(ii) “Carpool subsidy” does not include payment or reimbursement of the cost of maintaining or purchasing a vehicle used for carpooling.

(7) “Cash in lieu of parking program” means an employer–funded program under which an employer offers to provide a cash allowance to an employee in an amount equal to the parking subsidy that the employer would otherwise pay or incur to provide the employee a parking space.

(8) “Guaranteed ride home” means immediate transportation provided by a business entity for an employee who:

(i) Receives any of the commuter benefits described in subsection (b)(1) or (2) of this section or commutes by way of a nonmotorized method of transportation; and

(ii) Is required to leave work early for illness or other verifiable reason.

(9) “Instrument” means a pass, token, fare card, voucher, or similar item.

(10) “Parking subsidy” means:

(i) The difference between the out–of–pocket amount paid by an employer on a regular basis to secure the availability of an employee parking space not owned by the employer and the price charged to the employee for use of that space; or

(ii) For parking owned or leased by the employer as an integral part of a larger facility, the fair market value of a parking space provided by the employer for parking commuter vehicles, as determined:

1. By considering typical costs paid or incurred by users of nearby equivalent paid parking spaces, by evaluating the annual amortized cost of constructing and operating the parking space divided by the number of workdays per year the space is ordinarily used; or

2. By other reasonable and justifiable means.

(11) “Telework” means a flexible work arrangement under which an employee performs the duties and responsibilities of the employee’s position, including other employer–authorized activities, from an approved worksite different from the location at which the employee would otherwise work.

(12) “Telework subsidy” means the amount paid by an employer to an employee on a regular basis to cover the costs associated with teleworking, including employer payment or reimbursement of:

(i) Prorated Internet service costs;

(ii) Prorated computer equipment costs;

(iii) Prorated telephone equipment costs;

(iv) Prorated software and supply costs for software and supplies not provided by the employer but necessary for the employee to perform the employee’s job responsibilities; and

(v) Membership costs for co–working space and telework centers.

(b) A business entity may claim a tax credit in an amount equal to 50% of the cost of providing the following commuter benefits to the business entity’s employees:

(1) If provided for the purpose of travel between the employee’s residence and place of employment, any portion of the cost of transportation to or from a location in the State in a vehicle or an instrument that is used to offset any portion of the cost of transportation to or from a location in the State in a vehicle:

(i) With a seating capacity of at least six adult individuals; and

(ii) At least 80% of the annual mileage of which is incurred:

1. For the purpose of transporting individuals between their residences and their places of employment; and

2. On trips where the number of employees transported together is at least one–half of that vehicle’s adult seating capacity;

(2) An instrument that:

(i) Entitles an individual, at no additional cost or at a reduced fare, to transportation to or from a location in the State on a publicly or privately owned mass transit system other than a taxi service; or

(ii) Is redeemable at a transit pass sales outlet for the purpose stated in item (i) of this item;

(3) For an employee who resides or works in the State:

(i) A cash in lieu of parking program; or

(ii) A guaranteed ride home;

(4) An employer–funded carpool program under which an employer provides a carpool subsidy to an employee who meets the following requirements:

(i) The purpose of travel is to travel to and from work, traveling between either an employee’s residence and place of employment or a designated meeting place, such as a park and ride lot, and the employee’s place of employment;

(ii) At least two people are traveling together for more than 80% of the trip;

(iii) Each individual participating in the carpool program is registered with the Commuter Connections program; and

(iv) The carpooling takes place on a weekday between the hours of 5:00 a.m. and 7:00 p.m.;

(5) An employer–funded telework program under which an employer provides a telework subsidy to an employee whose teleworking takes place on a weekday between the hours of 5:00 a.m. and 7:00 p.m.;

(6) An employer–funded active transportation program under which an employer provides an active transportation subsidy to an employee who uses active transportation to or from work on a weekday between the hours of 5:00 a.m. and 7:00 p.m.; or

(7) An employer–funded multimodal commuter program under which an employer provides a combination of subsidies, payments, or reimbursements under items (1) through (6) of this subsection to an employee who:

(i) Uses multiple modes of transportation to or from work on a weekday between the hours of 5:00 a.m. and 7:00 p.m.; and

(ii) If necessary, uses a ride hail service for up to 5 miles of a multimodal commuter trip to connect a commuter to transit, carpool, or vanpool for travel to or from work in the State.

(c) The credit allowed under this section may not exceed $100 per individual employee per month.

(d) (1) The credit allowed under this section may not exceed the total tax otherwise payable by the business entity for that taxable year, determined before the application of the credit under this section but after the application of any other credit.

(2) The unused amount of the credit under this section for any taxable year may not be carried over to any other taxable year.

(e) (1) On application by a business entity, the Department of Transportation shall issue a tax credit certificate in the amount allowed under subsection (b) of this section.

(2) For any fiscal year, the total amount of tax credit certificates issued by the Department of Transportation for the credit allowed under this section may not exceed $1,000,000.

(3) The Department of Transportation shall approve all applications that qualify for a tax credit certificate under this subsection on a first–come, first–served basis.

(4) The Department of Transportation shall adopt regulations to establish an application process for the tax credit allowed under this section.
Md. Code, State Government § 2-102 — MD Code / Article gsg / Title 2 / Subtitle 1 / Section 2-102
§2–102.
Status: in_force

(a) The State shall provide the members of the General Assembly with reasonable office space and services, equipment, and secretarial services, as provided in the State budget.

(b) (1) A municipal corporation, county, or other political subdivision or its governing body may not subsidize a member of the General Assembly in the maintenance of the space, services, or equipment.

(2) This subsection does not prohibit the establishment of an office by a political subdivision to maintain liaison between the subdivision and the General Assembly.
Md. Code, State Finance and Procurement § 2-501 — MD Code / Article gsf / Title 2 / Subtitle 5 / Section 2-501
§2–501.
Status: in_force

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

(b) “Facility for handicapped individuals” includes any door, elevator, handrail, ramp, specially treated surface, or similar design, convenience, or device that facilitates the health, safety, or comfort of a handicapped individual.

(c) “Handicapped individual” means an individual with a measurable limitation of mobility caused by disease, trauma, or congenital defect.

(d) (1) “Public building” means a building, structure, or improved area that is:

(i) owned by the State or any political subdivision of the State; or

(ii) constructed for lease by the State or a political subdivision of the State.

(2) “Public building” includes:

(i) an educational facility constructed with public funds or owned or operated by the State or a political subdivision of the State;

(ii) a public mass transportation accommodation, such as a terminal or station, that is supported by public funds; and

(iii) an improvement of a public area used for gathering or amusement, including a public park, recreation center, or the like.
Md. Code, Agriculture § 2-206 — MD Code / Article gag / Title 2 / Subtitle 2 / Section 2-206
§2–206.
Status: in_force

(a) In this section, “Committee” means the Committee on Young Farmers.

(b) There is a Committee on Young Farmers.

(c) (1) The Committee consists of 10 members designated by the Secretary in consultation with the Executive Secretary of the Maryland Agricultural Commission.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the Secretary shall designate the members of the Committee on an annual basis.

(ii) A member of the Committee that is appointed as a member of the Maryland Agricultural Commission may continue to serve on the Committee until the expiration of their term on the Maryland Agricultural Commission.

(d) (1) Each member of the Committee shall:

(i) Be interested in the preservation and development of Maryland agriculture;

(ii) Derive at least 50% of the member’s personal income from farming or agricultural activities in the State;

(iii) Be a resident of the State; and

(iv) Be under the age of 45 years at the beginning of the member’s term.

(2) To the extent practicable, the members of the Committee shall represent regional diversity and a variety of industries.

(e) The Committee shall:

(1) Communicate to the general public, State government, and the Maryland Agricultural Commission the importance of young and beginning farmers to agriculture in the State;

(2) Identify and address issues relating to young and beginning farmers in the State and make recommendations to the Maryland Agricultural Commission; and

(3) Hold meetings at least once during each calendar quarter of the year.

(f) A member of the Committee:

(1) May not receive compensation; but

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

(g) The Department shall provide staff for the Committee.
Md. Code, Courts and Judicial Proceedings § 2-317 — MD Code / Article gcj / Title 2 / Subtitle 3 / Section 2-317
§2–317.
Status: in_force

(a) This section applies only in Baltimore County.

(b) The Sheriff of Baltimore County shall receive an annual salary:

(1) Of $90,000 for calendar years 2024 and 2025;

(2) Of $138,000 for calendar year 2026;

(3) Of $143,000 for calendar year 2027;

(4) Of $150,000 for calendar year 2028;

(5) Of $157,500 for calendar year 2029; and

(6) Subject to § 35 of Article III of the Maryland Constitution, as the County Council of Baltimore County provides in its annual budget each subsequent calendar year.

(c) (1) The Sheriff shall appoint an under–sheriff and any number of deputies and any clerical assistant required by the duties of the office.

(2) The Sheriff may also appoint a number of deputies to the ranks of chief deputy, captain, lieutenant, and sergeant as the Sheriff’s duties and responsibilities require.

(3) The cost and expense of the supervisory, administrative, and clerical positions listed in paragraphs (1) and (2) of this subsection, including salaries, shall be as provided in the budget of the county by the County Executive of Baltimore County and as approved by the County Council of Baltimore County.

(4) All full–time employees under this section are subject to the provisions of the county merit system and the rules and regulations passed by the County Council pursuant to the charter, as to qualifications, compensation, and other regulations.

(5) (i) Except as provided in subparagraph (ii) of this paragraph, part–time deputies may not be employed by the Sheriff’s Office.

(ii) 1. The Sheriff may appoint as part–time deputies persons employed in specific plants, institutions, colleges, and hospitals situated within the county who are limited to service only within the particular facility where they are employed.

2. A part–time deputy employed under this paragraph may not be compensated by the county for the part–time deputy’s service.

(d) (1) This subsection applies to all full–time deputy sheriffs in the Sheriff’s Office at the rank of lieutenant and below.

(2) (i) Full–time deputy sheriffs at the rank of lieutenant and below may:

1. Take part in or refrain from taking part in forming, joining, supporting, or participating in a labor organization or its lawful activities;

2. Select a labor organization as their exclusive representation unit;

3. Engage in collective bargaining with the Baltimore County Administration, or its designee, concerning wages and benefits, not regulated by the Sheriff, through a labor organization certified as their exclusive representation unit;

4. Subject to subparagraph (ii) of this paragraph, enter into a collective bargaining agreement, through their exclusive representation unit, covering those wages and benefits not regulated by the Sheriff; and

5. Decertify a labor organization as their exclusive representation unit.

(ii) Any additional funding required as a result of a negotiated collective bargaining agreement shall be subject to approval by the County Council.

(3) (i) A labor organization shall be deemed certified as an exclusive representation unit if the following conditions are met:

1. A petition for the labor organization to be recognized by the Baltimore County Administration is signed by at least 51% of the deputy sheriffs at the rank of lieutenant and below indicating their desire to be exclusively represented by the petitioner for the purpose of collective bargaining; and

2. The petition is submitted to the Baltimore County Administration.

(ii) If the Baltimore County Administration does not challenge the validity of the petition within 10 calendar days following the receipt of the petition, the labor organization shall be deemed certified as the exclusive representation unit.

(iii) If the Baltimore County Administration challenges the validity of the petition, the American Arbitration Association shall be requested to appoint a third–party neutral to conduct an election and to certify whether the labor organization has been selected as the exclusive representation unit by a majority of the votes cast in the election.

(iv) The costs associated with the American Arbitration Association and the third–party neutral shall be shared equally by the parties.

(4) (i) Following certification of an exclusive representation unit as provided in paragraph (3) of this subsection, the parties shall meet at reasonable times and engage in collective bargaining in good faith.

(ii) The parties shall make every reasonable effort to conclude negotiations in a timely manner to allow for inclusion by the Sheriff’s Office of matters agreed on in its budget request to the County Council.

(5) (i) A collective bargaining agreement shall contain all matters of agreement reached in the collective bargaining process.

(ii) The agreement may contain a grievance procedure providing for nonbinding arbitration of grievances.

(iii) An agreement reached in accordance with this paragraph shall be in writing and signed by the designated representatives of the parties involved in the collective bargaining negotiations.

(iv) 1. Subject to subsubparagraph 2 of this subparagraph, an agreement is not effective until it is ratified by a majority of the votes cast by the deputy sheriffs in the bargaining unit and the Baltimore County Administration.

2. Additional funding, if any, required as a result of the agreement shall be subject to the approval of the County Council.

(6) Nothing in this subsection may be construed as authorizing or otherwise allowing a deputy sheriff to engage in a strike as defined in § 3–303 of the State Personnel and Pensions Article.
Md. Code, State Government § 2-1505 — MD Code / Article gsg / Title 2 / Subtitle 15 / Section 2-1505
§2–1505.
Status: in_force

(a) Except as otherwise provided in this section, a committee may not vote on a bill unless:

(1) a fiscal note accompanies the bill; and

(2) if the bill affects the funding of a State pension system, an actuarial analysis of the bill is attached to or summarized in the note or the analysis is waived.

(b) (1) If a bill affects the funding of a State pension system and the standing committee to which the bill is referred determines that the fiscal impact on the State warrants an actuarial analysis of the bill, the standing committee shall ask the Department of Legislative Services to obtain the actuarial analysis.

(2) The standing committee may waive the actuarial analysis if the standing committee certifies that prompt action on the bill is needed to conduct legislative business.

(c) (1) The Executive Director of the Department of Legislative Services shall have that Department prepare a fiscal note for each bill.

(2) If the chair of the committee to which a bill is referred certifies that prompt committee action on the bill is needed to conduct legislative business and, before the Department prepares the fiscal note for the bill, holds a hearing on the bill, the Department shall prepare the note as soon after the hearing as possible.

(3) When a standing committee asks for an actuarial analysis of a bill that affects a State pension system, the Department of Legislative Services shall:

(i) obtain the analysis; and

(ii) summarize the analysis in the fiscal note or attach the analysis to the note.

(4) The Department of Legislative Services shall send a copy of a fiscal note for a bill to the committee to which the bill is referred and to the primary sponsor of the bill.

(d) Upon request of the Department of Legislative Services, a unit of State or local government promptly shall provide any information requested by the Department for preparing a fiscal note.

(e) (1) A fiscal note for a bill shall contain an estimate of the fiscal impact of the bill on the revenues and expenditures of the State government and of local governments:

(i) during the year in which the bill is to become effective and the next 4 years after that year; and

(ii) if the full fiscal impact of a bill is not expected to occur during those years, during each year until and the first year during which that impact is expected to occur.

(2) If a bill, as introduced or amended, imposes a mandate on a local government unit, the fiscal note for the bill shall contain:

(i) a statement that clearly identifies the imposition of the mandate; and

(ii) an estimate of the fiscal impact of the mandate and, if applicable and if data is available, the effect on local property tax rates.

(3) If a bill, as introduced or amended, requires a mandated appropriation, the fiscal note for the bill shall contain:

(i) a statement that clearly identifies the imposition of the mandated appropriation; and

(ii) an estimate of the fiscal impact of the mandated appropriation.

(4) A fiscal note shall identify the sources of the information that the Department used in preparing the estimates of fiscal impact.

(f) As soon as possible after the adoption of an amendment that changes the fiscal impact of a bill, the Department of Legislative Services shall:

(1) prepare a revised fiscal note for the bill; and

(2) send the revised note:

(i) to the chair of the committee to which the bill is referred in the house of origin;

(ii) if the bill has reached the opposite house, to the chair of the committee to which the bill is referred in that house;

(iii) if the bill is in the custody of either the Secretary of the Senate or the Chief Clerk of the House, to that officer; and

(iv) to the primary sponsor of the bill.

(g) (1) The Department of Legislative Services shall keep a copy of each fiscal note for 3 years after preparation of the note.

(2) The copies shall be reasonably available for public inspection.

(h) Fiscal notes need not be published in the Senate journal or House journal.

(i) (1) A bill may be introduced without a fiscal note accompanying the bill.

(2) The validity of an enactment is not affected by the presence, absence, or content of the fiscal note.

(j) (1) (i) In its summary report of legislation enacted by the General Assembly that has a fiscal impact, the Department of Legislative Services shall include a list of legislation that:

1. affects local government units; or

2. requires a mandated appropriation in the annual budget bill.

(ii) In the list of legislation described in subparagraph (i)1 of this paragraph, the Department of Legislative Services shall indicate which legislation imposes mandates on local government units.

(2) Where applicable and if data is available, the report shall indicate:

(i) the fiscal impact of the bill on local government units;

(ii) the impact of the bill on local property tax rates;

(iii) the cumulative fiscal impact of all legislation imposing mandates on more than one local government unit; and

(iv) the cumulative fiscal impact of all legislation requiring mandated appropriations.
Md. Code, Corporations and Associations § 2-118 — MD Code / Article gca / Title 2 / Subtitle 1 / Section 2-118
§2–118.
Status: in_force

(a) In this section, “emergency” means a situation in which it is impracticable to convene a meeting of stockholders in accordance with the Maryland General Corporation Law or the bylaws or as specified in a notice for the meeting previously given, because of some catastrophic event.

(b) During an emergency, unless the bylaws contain emergency provisions providing otherwise, the board of directors may:

(1) Postpone a meeting of stockholders for which notice has been given; or

(2) Authorize stockholders to participate in a meeting by any means of remote communication authorized by § 2–503(c)(2) of this title.

(c) The corporation shall give notice to stockholders of any action taken under this section, including any new date, time, or place of a meeting:

(1) In any practicable manner given the circumstances; and

(2) With shorter notice as is reasonable in the circumstances.

(d) Any corporate act taken in good faith under this section during an emergency:

(1) Binds the corporation; and

(2) May not be used to impose liability on a director, an officer, an employee, or an agent of the corporation.
Md. Code, Tax - Property § 2-211 — MD Code / Article gtp / Title 2 / Subtitle 2 / Section 2-211
§2–211.
Status: in_force

(a) (1) Each supervisor shall keep a record of all real property assessments.

(2) The record shall be arranged alphabetically, according to owners, by election district or subdistrict, taxing district, or assessment area. However, the supervisor may arrange the record:

(i) listing the real properties in lot and block order by subdivisions, if the record also contains an alphabetical index that shows the page where the accounts listed may be located;

(ii) in Baltimore City, by wards and by blocks that correspond, as far as possible, to the block numbers used in the Baltimore City Circuit Court records; or

(iii) in an electronic medium.

(b) (1) Each account in the record shall show for the real property:

(i) the name and address of the owner;

(ii) a brief description of the property;

(iii) the specific location of the property;

(iv) the general location of the property including a deed or will reference and any tax map reference; and

(v) the assessment of:

1. the land; and

2. any improvement on the land.

(2) The details of land and improvements on the land that have been valued at different amounts shall be recorded on the respective worksheet.

(3) The Department shall include with each property record a note describing:

(i) any reduction in an assessment resulting from an order or decision of a property tax assessment appeals board, the Maryland Tax Court, or any other court issued on or after October 1, 2014; and

(ii) the specific reason for the reduction, if the board or court indicates in its order or decision the reason for the reduction.

(c) The record shall be rewritten periodically and the current record and prior records shall be retained. However, except for a record that contains current values, any record may be retained in an electronic medium as provided by State law and the original destroyed. The electronic record shall be the permanent record. The Department may periodically transfer property records to the State Archives for retention, including property record cards.

(d) The record in the custody of the Department and prior records in the custody of the State Archives shall be available for public inspection without charge.

(e) Copies of the assessment record shall be made available to the public at a reasonable cost. If the Department approves of the purpose for which the information is requested, the Department may make available to the public, at a reasonable cost, copies of data processing tapes or other magnetic media containing the record of the assessment records.

(f) (1) If the accuracy or completeness of information used to assess real property is disputed by the owner of the real property or if the owner has additional information that the owner believes is relevant to the value of the real property, the owner may file a brief statement containing the nature of the dispute or the additional information.

(2) The supervisor shall retain the statement as part of the assessment record.
Md. Code, Estates and Trusts § 2-302 — MD Code / Article get / Title 2 / Subtitle 3 / Section 2-302
§2–302.
Status: in_force

(a) On application by the personal representative in accordance with § 7–202(b) of this article for the appointment of general appraisers, the register shall designate one or more qualified persons not related to the decedent nor interested in the administration.

(b) On designation of the general appraisers, the register shall issue a warrant authorizing and directing them jointly to appraise all property of the estate of the decedent required to be independently appraised but not specially appraised under § 7–202(e) of this article.

(c) If an appraiser shall fail to act, the register shall make a new designation and issue a new warrant on application by the personal representative.
Md. Code, Courts and Judicial Proceedings § 2-102 — MD Code / Article gcj / Title 2 / Subtitle 1 / Section 2-102
§2–102.
Status: in_force

(a) If advisable in a specific proceeding, a court may appoint an auditor, surveyor, court reporter, assistant counsel for the State, counsel for a party if authorized by law or rule, accountant, magistrate, examiner, or other officer, and may require his presence in court.

(b) A special officer shall receive the compensation provided by this subsection:

(1) Auditor -- Reasonable compensation as set by the court, but not less than $15 for stating an account.

(2) Assistant counsel for the State or counsel for a party -- The amount set by the court but in Baltimore City no appearance fees in a criminal case unless taxed against and paid by the accused as costs.

(3) Surveyor or assistant surveyor -- The fee charged by members of the Maryland Society of Surveyors in the county for similar services.

(4) Other officer -- Reasonable compensation as set by the court.

(c) A special officer’s fee may be taxed as costs or paid by the county.
Md. Code, Commercial Law § 2-107 — MD Code / Article gcl / Title 2 / Subtitle 1 / Section 2-107
§2–107.
Status: in_force

(1) A contract for the sale of minerals or the like (including oil or gas) or a structure or its materials to be removed from realty is a contract for the sale of goods within this title if they are to be severed by the seller but until severance a purported present sale thereof which is not effective as a transfer of an interest in land is effective only as a contract to sell.

(2) A contract for the sale apart from the land of growing crops or other things attached to realty and capable of severance without material harm thereto but not described in subsection (1) or of timber to be cut is a contract for the sale of goods within this title whether the subject matter is to be severed by the buyer or by the seller even though it forms part of the realty at the time of contracting, and the parties can by identification effect a present sale before severance.

(3) The provisions of this section are subject to any third party rights provided by the law relating to realty records, and the contract for sale may be executed and recorded as a document transferring an interest in land and shall then constitute notice to third parties of the buyer’s rights under the contract for sale.
Md. Code, Alcoholic Beverages and Cannabis § 2-114 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-114
§2–114.
Status: in_force

(a) There is an individual transportation permit.

(b) The permit authorizes the holder to transport the permit holder’s private stock of alcoholic beverages from or en route through the State without payment of excise taxes imposed under § 5–102 of the Tax – General Article if the alcoholic beverages are not for use or delivery in the State.

(c) (1) The Executive Director shall provide a means of identification for each vehicle authorized under the permit.

(2) The identification shall be kept in or on the vehicle at all times when the vehicle transports alcoholic beverages.

(d) (1) The permit fee is $10.

(2) The fee for the vehicle identification required under subsection (c) of this section is $10 for each vehicle.
Md. Code, Tax - Property § 2-216 — MD Code / Article gtp / Title 2 / Subtitle 2 / Section 2-216
§2–216.
Status: in_force

(a) In addition to carrying out the instructions of and the duties assigned by the Department, each supervisor has the powers and duties set forth in this section.

(b) Each supervisor is the chief assessor and shall supervise the assessing of all property in the county for which the supervisor is appointed.

(c) Each supervisor shall:

(1) visit frequently each district of the county for which the supervisor is appointed to obtain all necessary information as to the existence and valuation of property that is subject to tax;

(2) keep informed as to:

(i) sales in the county; and

(ii) the conditions that relate to those sales; and

(3) report to the Department the sales and the consideration involved.

(d) Each supervisor shall attempt diligently to list all escaped and new property in the county for which the supervisor is appointed.

(e) Each supervisor shall cooperate with appropriate county officials and other assessing authorities to make equitable assessments.

(f) If the supervisor considers the assessment or ruling to be improper, the supervisor may appeal to the Maryland Tax Court any assessment or ruling of the property tax assessment appeal board of the county for which the supervisor is appointed.

(g) A supervisor may:

(1) correct annually the value of any improperly valued property; and

(2) value any property that has been omitted or later acquired.
Md. Code, Public Utilities § 2-306 — MD Code / Article gpu / Title 2 / Subtitle 3 / Section 2-306
§2–306.
Status: in_force

(a) Until at least 2 years have passed after leaving service as a commissioner or the People’s Counsel, an individual may not:

(1) represent a public service company before the Commission;

(2) appear before the Commission on behalf of a party to a Commission proceeding; or

(3) appear before the Commission on a matter within the jurisdiction of the Commission.

(b) Until at least 1 year has passed after leaving service with the Commission as the General Counsel or a public utility law judge, an individual may not:

(1) represent a public service company before the Commission;

(2) appear before the Commission on behalf of a party to a Commission proceeding; or

(3) appear before the Commission on a matter within the jurisdiction of the Commission.

(c) Until at least 1 year has passed after leaving service with the Commission as a commissioner, an individual may not receive financial benefit that is not otherwise generally available to the public as a customer of a public service company from:

(1) a public service company that is subject to the jurisdiction of the Commission; or

(2) a person that directly or indirectly, or through one or more intermediaries, controls, is controlled by, or is under common control with a public service company that is subject to the jurisdiction of the Commission.
Md. Code, Corporations and Associations § 2-114 — MD Code / Article gca / Title 2 / Subtitle 1 / Section 2-114
§2–114.
Status: in_force

(a) This section applies to any books or records maintained by or on behalf of a corporation, including:

(1) Bylaws;

(2) Minutes of the proceedings of the stockholders;

(3) Annual statements of affairs;

(4) Stock ledgers;

(5) Records of issuances, transfers, and cancellations of shares of stock; and

(6) Voting trust agreements.

(b) The records of a corporation may be maintained by means of any information storage device, method, or electronic network or database, including a distributed electronic network or database, if:

(1) The records can be converted within a reasonable time into clearly legible written form for visual inspection; and

(2) With respect to records maintained on an electronic ledger or distributed electronic ledger, the records can be used for the purpose of:

(i) Making a proper determination with respect to stockholders under § 2–511(a) of this title; and

(ii) Preparing a list of stockholders in accordance with § 2–513(b)(2) of this title.

(c) A corporation shall convert a record maintained in accordance with subsection (b) of this section into a clearly legible written form on request of any person who is entitled to inspect the record under this title.

(d) (1) This subsection applies to records of a corporation that are maintained in accordance with subsection (b) of this section.

(2) If a written form accurately portrays a record, a clearly legible written form prepared from or by means of the information storage device, method, or electronic network or database used to maintain the record shall be admissible as evidence and accepted for all other purposes to the same extent that an original written record of the same information would have been.
Md. Code, State Finance and Procurement § 2-702 — MD Code / Article gsf / Title 2 / Subtitle 7 / Section 2-702
§2–702.
Status: in_force

(a) In order to become more financially self-sufficient, an ethnic affairs unit:

(1) may receive funds from any person or organization; and

(2) may not receive funds either directly or indirectly from the use of any gaming device or raised through a gaming event or activity.

(b) An ethnic affairs unit receiving funds under this section shall be subject to audit by the Legislative Auditor as provided in § 2–1220 of the State Government Article.
Md. Code, Health - General § 2-1003 — MD Code / Article ghg / Title 2 / Subtitle 10 / Section 2-1003
§2–1003.
Status: in_force

(a) (1) Notwithstanding any other law and except as provided in paragraph (2) of this subsection, the Secretary or a unit of the Department has exclusive jurisdiction to enforce by administrative action the laws of the State as provided for under this article and the Health Occupations Article.

(2) The Commission on Civil Rights has concurrent jurisdiction with the Secretary or a unit of the Department over alleged discrimination on the basis of race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability.

(b) When the Secretary or a unit of the Department has exclusive jurisdiction under subsection (a) of this section, the Commission may:

(1) Refer complaints about discriminatory practices to the Secretary or the unit of the Department;

(2) Appear before the Secretary or the unit of the Department as a party at a hearing about discriminatory practices;

(3) Make recommendations about discriminatory practices to the Secretary or the unit of the Department;

(4) Represent a complainant in a proceeding authorized under this article or the Health Occupations Article that is related to discriminatory practices; or

(5) Appeal as a party aggrieved by an order or decision of the Secretary or the unit of the Department in a proceeding authorized under this article or the Health Occupations Article that is related to discriminatory practices.

(c) The Secretary or a unit of the Department shall notify the Commission of any hearing scheduled on a complaint about alleged discriminatory practices.

(d) On request of the Commission and unless the complainant objects, the Secretary or a unit of the Department shall give the Commission all information regarding any complaint alleging discriminatory practices received by the Secretary or unit of the Department.

(e) The Secretary or a unit of the Department and the Commission shall set guidelines for determining when allegations of discriminatory practices in a complaint are sufficient to warrant a hearing.
Md. Code, Corporations and Associations § 2-313 — MD Code / Article gca / Title 2 / Subtitle 3 / Section 2-313
§2–313.
Status: in_force

(a) The president or, if provided in the bylaws, some other executive officer of each corporation shall prepare, or cause to be prepared, annually a full and correct statement of the affairs of the corporation, to include a balance sheet and a financial statement of operations for the preceding fiscal year.

(b) Except as provided in subsection (c) of this section, the statement of affairs shall be submitted at the annual meeting of stockholders and, within 20 days after the meeting:

(1) Placed on file at the corporation’s principal office or at any other office or agency specified in the bylaws of the corporation, in written form; or

(2) Otherwise maintained by or on behalf of the corporation in any other form that complies with § 2–114 of this title.

(c) If a corporation is not required to hold an annual meeting of stockholders under a charter or bylaw provision adopted in accordance with § 2–501 of this title, within 120 days after the end of the fiscal year, the statement of affairs shall be:

(1) Placed on file at the corporation’s principal office or at any other office or agency specified in the bylaws of the corporation in written form; or

(2) Otherwise maintained by or on behalf of the corporation in any other form that complies with § 2–114 of this title.
Md. Code, Commercial Law § 2-205 — MD Code / Article gcl / Title 2 / Subtitle 2 / Section 2-205
§2–205.
Status: in_force

An offer by a merchant to buy or sell goods in a signed writing which by its terms gives assurance that it will be held open is not revocable, for lack of consideration, during the time stated or if no time is stated for a reasonable time, but in no event may such period of irrevocability exceed three months; but any such term of assurance on a form supplied by the offeree must be separately signed by the offeror.
Md. Code, Business Occupations and Professions § 2-313.1 — MD Code / Article gbo / Title 2 / Subtitle 3 / Section 2-313.1
§2–313.
Status: in_force

§2–313.1.

(a) The Board may place a licensee on emeritus status, if the licensee submits to the Board an application for emeritus status on the form required by the Board.

(b) The Board shall place a licensee on emeritus status if the individual:

(1) has an active or inactive license to practice certified public accountancy under this subtitle;

(2) is not under investigation by the Board for a violation of this title;

(3) is not the subject of a pending disciplinary action related to the practice of certified public accountancy in the State or another state;

(4) (i) 1. has practiced public accountancy in the State for at least 20 years; and

2. is at least 60 years old; or

(ii) has at least 40 years of experience as a certified public accountant; and

(5) attests that:

(i) the individual is retired and is no longer actively practicing public accountancy in the State; and

(ii) the individual will not provide certified public accountancy services unless reinstated in accordance with § 2–314 of this subtitle.

(c) The Board shall review an application submitted under this section within 60 days of receipt of the application.

(d) If the Board approves an application for emeritus status under this section, the Board shall send the licensee:

(1) written notice of the approval; and

(2) a certificate of emeritus status.

(e) A licensee on emeritus status is exempt from:

(1) the continuing education requirements under § 2–312 of this subtitle; and

(2) the reinstatement fee under § 2–314 of this subtitle.
Md. Code, Health - General § 2-704 — MD Code / Article ghg / Title 2 / Subtitle 7 / Section 2-704
§2–704.
Status: in_force

(a) The Inspector General or a contractor or an agent of the Inspector General that conducts an audit under this subtitle in which extrapolation may be used shall:

(1) Perform the audit in accordance with a methodology used by the federal government or conducted in accordance with Generally Accepted Auditing Standards (GAAS) and the Statement on Accounting Standards (SAS);

(2) Use a statistically valid sampling methodology; and

(3) Meet the following qualifications:

(i) Have at least 3 years of auditing experience;

(ii) Have experience in the procedural coding program used for the claim;

(iii) Be familiar, either independently or through training by the provider, with the format and content of paper and electronic medical records and claim forms used by the provider; and

(iv) Have general knowledge of the particular health care item or service that is the subject of the audit and the program rules that govern the health care item or service at the time the item or service was provided.

(b) (1) If the medical necessity of the claim is the subject of the audit, the entity that conducts the audit shall include as part of the audit team an individual licensed in the same health occupation as the provider.

(2) The individual included in the audit team under paragraph (1) of this subsection shall have significant knowledge of the audited procedure but is not required to be in the same specialty or practice area as the audited provider.
Md. Code, Public Safety § 2-601 — MD Code / Article gps / Title 2 / Subtitle 6 / Section 2-601
§2–601.
Status: in_force

(a) There is a Local Division in the Department.

(b) The Department may have and provide the employees, buildings, equipment, facilities, and other operating materials for the Local Division as provided in the State budget.

(c) The employees in the Local Division are in addition to the regular number of employees in the Department.
Md. Code, Alcoholic Beverages and Cannabis § 2-213 — MD Code / Article gab / Title 2 / Subtitle 2 / Section 2-213
§2–213.
Status: in_force

(a) In addition to any license fee otherwise required under this article, an applicant for initial issuance of a manufacturer’s license shall pay to the Executive Director a nonrefundable application fee of $200.

(b) In addition to any license fee otherwise required under this article, an applicant for renewal of a manufacturer’s license shall pay to the Executive Director a renewal fee of $30.
Md. Code, Commercial Law § 2-704 — MD Code / Article gcl / Title 2 / Subtitle 7 / Section 2-704
§2–704.
Status: in_force

(1) An aggrieved seller under the preceding section may

(a) Identify to the contract conforming goods not already identified if at the time he learned of the breach they are in his possession or control;

(b) Treat as the subject of resale goods which have demonstrably been intended for the particular contract even though those goods are unfinished.

(2) Where the goods are unfinished an aggrieved seller may in the exercise of reasonable commercial judgment for the purposes of avoiding loss and of effective realization either complete the manufacture and wholly identify the goods to the contract or cease manufacture and resell for scrap or salvage value or proceed in any other reasonable manner.
Md. Code, Courts and Judicial Proceedings § 2-307 — MD Code / Article gcj / Title 2 / Subtitle 3 / Section 2-307
§2–307.
Status: in_force

A sheriff shall keep an official record of the fees and charges he collects and those which remain to be collected. The official record shall remain in the sheriff’s office after the expiration of a sheriff’s term and may be audited by the county government.
Md. Code, Health - General § 2-1004 — MD Code / Article ghg / Title 2 / Subtitle 10 / Section 2-1004
§2–1004.
Status: in_force

(a) This section does not prohibit a person that is licensed or otherwise regulated by the Department or a unit of the Department from refusing, withholding from, or denying any person services for failure to conform to the usual and regular requirements, standards, and regulations imposed by the licensed or regulated person, unless the refusal, withholding, or denial is based on discrimination on the grounds of race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability.

(b) A person that is licensed or otherwise regulated by the Department or a unit in the Department may not discriminate against any person because of the person’s race, color, religion, sex, age, national origin, marital status, sexual orientation, gender identity, or disability.
Md. Code, Courts and Judicial Proceedings § 2-106 — MD Code / Article gcj / Title 2 / Subtitle 1 / Section 2-106
§2–106.
Status: in_force

A person who is required to take an oath under § 2–104 of this subtitle or to file a bond under § 2–105 of this subtitle but who fails to qualify for office by taking and subscribing the required oath or affirmation or giving the required bond within 30 days from the date his commission is received by the clerk, or if no commission is sent to the clerk, within 30 days after receiving his commission or notice of appointment, is deemed to have refused the office, and the office shall be considered vacant, unless the time is extended by the court for good cause shown.
Md. Code, State Government § 2-803 — MD Code / Article gsg / Title 2 / Subtitle 8 / Section 2-803
§2–803.
Status: in_force

(a) (1) The Committee consists of 8 members.

(2) Of the 8 members:

(i) 4 shall be Senators, appointed by the President; and

(ii) 4 shall be Delegates, appointed by the Speaker.

(b) (1) A member appointed by the President serves at the pleasure of the President.

(2) A member appointed by the Speaker serves at the pleasure of the Speaker.
Md. Code, Tax - General § 2-611 — MD Code / Article gtg / Title 2 / Subtitle 6 / Section 2-611
§2–611.
Status: in_force

(a) In this section, “account” means the Local Reserve Account established to comply with § 2–606 of this subtitle.

(b) This section applies to a county or municipal corporation that receives an overpayment or underpayment of local income tax revenue from the Comptroller.

(c) After reviewing income tax revenue distributions to a county or municipal corporation, if the Comptroller determines that the county or municipal corporation received an underpayment of income tax, the Comptroller shall initially pay the amount due to the county or municipal corporation from the account.

(d) After reviewing income tax revenue distributions to a county or municipal corporation, if the Comptroller determines that the county or municipal corporation received an overpayment of income tax, the Comptroller may not require the county or municipal corporation to reimburse the account for its share of the overpayment.

(e) A determination by the Comptroller under this section that a county or municipal corporation received an underpayment or overpayment of income tax shall be based on a full accounting of income tax returns for the taxable year for which the county or municipal corporation received the underpayment or overpayment.
Md. Code, Alcoholic Beverages and Cannabis § 2-506 — MD Code / Article gab / Title 2 / Subtitle 5 / Section 2-506
§2–506.
Status: in_force

(a) A local licensing board may conduct an investigation at a catered event to enforce the prohibitions under §§ 6–304 and 6–307 of this article against selling or providing alcoholic beverages to individuals who have not attained the legal drinking age or are visibly under the influence of an alcoholic beverage.

(b) If a local licensing board determines that alcoholic beverages were unlawfully sold or provided at a catered event:

(1) the local licensing board shall report its findings to the Executive Director; and

(2) the Executive Director shall take the action the Executive Director determines is appropriate.
Md. Code, State Government § 2-1702 — MD Code / Article gsg / Title 2 / Subtitle 17 / Section 2-1702
§2–1702.
Status: in_force

(a) A person may not willfully disrupt, interfere with, attempt to disrupt, or attempt to interfere with a session, meeting, or proceeding of the General Assembly, the Senate, or the House or any of their committees, by:

(1) making, alone or with another person, a noise that tends to be disruptive;

(2) using abusive or obscene language;

(3) making an obscene gesture;

(4) engaging in violent, tumultuous, or threatening behavior;

(5) refusing to comply with the lawful order of the police to disperse; or

(6) doing any other disruptive or interfering act.

(b) A person may not picket willfully in a building where:

(1) the Senate or the House has a chamber;

(2) a member of the General Assembly has an official office; or

(3) a committee of the General Assembly, the Senate, or the House has an office.

(c) A person may not prevent or attempt to prevent, willfully and with force, the performance of a function, power, or duty by a member, officer, or employee of the General Assembly, the Senate, or the House or any of their committees.

(d) A person may not:

(1) willfully and without legal authority, obtain, withhold, destroy, deface, or alter an official document or record of the General Assembly, the Senate, or the House or any of their committees; or

(2) without legal authority, possess, withhold, destroy, or deface real or personal property that the General Assembly, the Senate, or the House or any of their committees owns or uses.

(e) (1) This subsection does not apply to:

(i) a law enforcement officer of any state or of the federal government who is carrying out duties of the office; or

(ii) a person whom the officer summons to help in making an arrest or in preserving the peace.

(2) A person may not willfully bring an assault weapon or other firearm or destructive device, as defined in § 4-501 of the Criminal Law Article, into or have an assault weapon or other firearm or destructive device in a building where:

(i) the Senate or the House has a chamber;

(ii) a member, officer, or employee of the General Assembly has an official office; or

(iii) a committee of the General Assembly, the Senate, or the House has an office.

(f) A person who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
Md. Code, State Government § 2-10A-13 — MD Code / Article gsg / Title 2 / Subtitle 10A / Section 2-10A-13
§2–10A–13.
Status: in_force

(a) There is a Joint Committee on Cybersecurity, Information Technology, and Biotechnology.

(b) The Committee consists of the following 12 members:

(1) six members of the Senate of Maryland, appointed by the President of the Senate; and

(2) six members of the House of Delegates, appointed by the Speaker of the House.

(c) The members of the Committee serve at the pleasure of the presiding officer who appointed them.

(d) The President and the Speaker shall appoint jointly a Senator and a Delegate to serve as cochairs who shall alternate in serving as the presiding chair of the Committee each year.

(e) The Committee shall:

(1) work to broaden the support, knowledge, and awareness of advances in cybersecurity, information technology, and biotechnology to benefit the people of Maryland;

(2) evaluate State cybersecurity systems and the adequacy of economic development and job skills training programs to advance cybersecurity in the State;

(3) make recommendations regarding actions to promote cybersecurity, information technology, and biotechnology industries in the State; and

(4) examine and evaluate additional cybersecurity–, information technology–, or biotechnology–related issues as designated by the cochairs of the Committee.

(f) The Committee shall report its findings and recommendations to the Governor and, in accordance with § 2–1257 of this title, the Legislative Policy Committee, the Senate Finance Committee, and the House Economic Matters Committee on or before December 31 of each year.
Md. Code, Criminal Law § 2-203 — MD Code / Article gcr / Title 2 / Subtitle 2 / Section 2-203
§2–203.
Status: in_force

A defendant found guilty of murder in the first degree may be sentenced to imprisonment for life without the possibility of parole only if:

(1) at least 30 days before trial, the State gave written notice to the defendant of the State’s intention to seek a sentence of imprisonment for life without the possibility of parole; and

(2) the sentence of imprisonment for life without the possibility of parole is imposed in accordance with § 2-304 of this title.
Md. Code, Corporations and Associations § 2-405.2 — MD Code / Article gca / Title 2 / Subtitle 4 / Section 2-405.2
§2–405.
Status: in_force

§2–405.2.

The charter of the corporation may include any provision expanding or limiting the liability of its directors and officers to the corporation or its stockholders as described under § 5-418 of the Courts and Judicial Proceedings Article.
Md. Code, Courts and Judicial Proceedings § 2-512 — MD Code / Article gcj / Title 2 / Subtitle 5 / Section 2-512
§2–512.
Status: in_force

(a) Each circuit court judge shall have one law clerk, to be employed by the State.

(b) The budget for the Administrative Office of the Courts shall include funds to employ one law clerk for each circuit court judge.
Md. Code, Public Utilities § 2-113 — MD Code / Article gpu / Title 2 / Subtitle 1 / Section 2-113
§2–113.
Status: in_force

(a) (1) The Commission shall:

(i) supervise and regulate the public service companies subject to the jurisdiction of the Commission to:

1. ensure their operation in the interest of the public; and

2. promote adequate, economical, and efficient delivery of utility services in the State without unjust discrimination; and

(ii) enforce compliance with the requirements of law by public service companies, including requirements with respect to financial condition, capitalization, franchises, plant, manner of operation, rates, and service.

(2) In supervising and regulating public service companies, the Commission shall consider:

(i) the public safety;

(ii) the economy of the State;

(iii) the maintenance of fair and stable labor standards for affected workers;

(iv) the conservation of natural resources;

(v) the preservation of environmental quality, including protection of the global climate from continued short–term and long–term warming based on the best available scientific information recognized by the Intergovernmental Panel on Climate Change;

(vi) the achievement of the State’s climate commitments for reducing statewide greenhouse gas emissions, including those specified in Title 2, Subtitle 12 of the Environment Article; and

(vii) the protection of a public service company’s infrastructure against cybersecurity threats.

(b) The powers and duties listed in this title do not limit the scope of the general powers and duties of the Commission provided for by this division.
Md. Code, Corporations and Associations § 2-310.2 — MD Code / Article gca / Title 2 / Subtitle 3 / Section 2-310.2
§2–310.
Status: in_force

§2–310.2.

(a) In this section, “investment company” means a corporation registered under the Investment Company Act of 1940.

(b) Unless otherwise provided in the charter of an investment company, if authorized by its board of directors, shares of any class or series of its stock acquired by an investment company using assets allocated to any other class or series of stock of the investment company may be held by the investment company in a fiduciary capacity for the benefit of the holders of shares of the other class or series of stock, and the investment company may exercise voting rights, receive distributions, and be allocated other rights to the extent determined by its board of directors.
Md. Code, Family Law § 2-404.1 — MD Code / Article gfl / Title 2 / Subtitle 4 / Section 2-404.1
§2–404.
Status: in_force

§2–404.1.

(a) (1) A county may discount a marriage license fee under § 2-404(a) of this subtitle if the couple to be married has completed, within 1 year before the date of the application for the license, a premarital preparation course that meets the requirements specified in this section.

(2) The amount of any discount shall be determined by the county governing body.

(b) A premarital preparation course shall:

(1) include instruction regarding:

(i) conflict management;

(ii) communication skills;

(iii) financial responsibilities; and

(iv) children and parenting responsibilities; and

(2) consist of at least 4 hours of instruction.

(c) A premarital preparation course may be conducted by:

(1) a clinical professional counselor or a clinical marriage and family therapist licensed under Title 17, Subtitle 3A of the Health Occupations Article;

(2) a psychologist licensed under Title 18 of the Health Occupations Article;

(3) a social worker licensed under Title 19 of the Health Occupations Article;

(4) an official representative of a religious institution if the representative has relevant training; or

(5) any other qualified provider approved by a county governing body.

(d) (1) A premarital preparation course provider shall register with the clerk by filing a written affidavit containing:

(i) the provider’s name, address, and telephone number;

(ii) a summary of the provider’s qualifications and training; and

(iii) a statement that the provider shall comply with the course requirements specified in this section.

(2) The clerk may establish a roster of area premarital preparation course providers, including those who offer the course on a sliding fee scale or for free.

(e) (1) A premarital preparation course provider shall provide to each couple who completes the course a certificate of completion that specifies:

(i) the names of the couple;

(ii) the name of the provider; and

(iii) the date of completion of the course.

(2) To receive a discounted marriage license fee under this section, an applicant for a license shall verify completion of a premarital preparation course by filing with the clerk a valid certificate of course completion issued in accordance with paragraph (1) of this subsection.

(f) Any cost for a premarital preparation course shall be paid by the applicant for a marriage license.

(g) The discount authorized by this section may not be applied to any fee used to fund domestic violence programs.
Md. Code, Alcoholic Beverages and Cannabis § 2-312 — MD Code / Article gab / Title 2 / Subtitle 3 / Section 2-312
§2–312.
Status: in_force

(a) Subject to subsection (b) of this section, a holder of a wholesaler’s license may directly import alcoholic beverages of the type indicated on the license from outside the continental limits and possessions of the United States if the brand owner provides notice to the Executive Director of the license holder’s jurisdiction and authority to sell the alcoholic beverages.

(b) A holder of a wholesaler’s license that imports alcoholic beverages from outside the continental limits and possessions of the United States must:

(1) be the brand owner; or

(2) purchase the alcoholic beverages:

(i) directly from the brand owner or the authorized agent of the brand owner; or

(ii) from the authorized United States importer.
Md. Code, Business Occupations and Professions § 2-405 — MD Code / Article gbo / Title 2 / Subtitle 4 / Section 2-405
§2–405.
Status: in_force

(a) If an applicant qualifies for a permit under this subtitle, the Board shall mail or electronically transmit to the applicant a notice that states that:

(1) the applicant has qualified for a permit; and

(2) on receipt of a permit fee set by the Board, the Board will issue a permit to the applicant.

(b) On payment of the permit fee, the Board shall issue a permit to each applicant that meets the requirements of this subtitle.
Md. Code, Tax - General § 2-4A-01 — MD Code / Article gtg / Title 2 / Subtitle 4A / Section 2-4A-01
§2–4A–01.
Status: in_force

From the digital advertising gross revenues tax revenue, the Comptroller shall distribute each quarter the amount necessary to administer the digital advertising gross revenues tax laws in the previous quarter to an administrative cost account.
Md. Code, Criminal Procedure § 2-304 — MD Code / Article gcp / Title 2 / Subtitle 3 / Section 2-304
§2–304.
Status: in_force

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

(b) “Fresh pursuit” includes:

(1) fresh pursuit as defined by the common law; and

(2) pursuit without unreasonable delay, but not necessarily instant pursuit, of a person who:

(i) has committed or is reasonably suspected of having committed a felony; or

(ii) is suspected of having committed a felony, although a felony has not been committed, if there is reasonable ground for believing that a felony has been committed.

(c) “State” means a state of the United States or the District of Columbia.
Md. Code, Education § 2-203 — MD Code / Article ged / Title 2 / Subtitle 2 / Section 2-203
§2–203.
Status: in_force

(a) The Governor may remove a member of the State Board for:

(1) Immorality;

(2) Misconduct in office;

(3) Incompetency; or

(4) Willful neglect of duty.

(b) (1) Before removing a member, the Governor shall send the member a copy of the charges against him and give him an opportunity within 10 days to request a hearing.

(2) If the member requests a hearing within the 10-day period:

(i) The Governor promptly shall hold a hearing, but a hearing may not be set within 10 days after the Governor sends the member a notice of the hearing; and

(ii) The member shall have an opportunity to be heard publicly before the Governor in his own defense, in person or by counsel.

(c) If a member is removed, the Governor shall file in the office of the Secretary of State:

(1) A complete statement of all charges made against the member;

(2) The findings of the Governor as to the charges; and

(3) A complete record of the proceedings.
Md. Code, Business Regulation § 2-104 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-104
§2–104.
Status: in_force

(a) The Secretary is responsible for the budget of the Office of the Secretary and for the budget of each unit in the Department.

(b) The Secretary shall have a seal.

(c) (1) The Secretary is responsible for the planning of activities, programs, and services of the Department.

(2) The Secretary may review and approve, disapprove, or modify the plans and proposals of the units in the Department.

(d) The Secretary may investigate or hold a hearing on any complaint about the operation of a unit in the Department and may report the findings of the Secretary to the Governor.

(e) At any time, the Secretary may call a meeting of a board or commission in the Department to consider any subject.

(f) The Secretary may not exercise or perform any power, duty, responsibility, or function granted to the Board of Appeals in §§ 8–5A–05, 8–5A–07, 8–5A–10, 8–5A–11, 8–5A–12, 8–611(j), 8–629(f), 8–638, 8–639, and 8–808(a) of the Labor and Employment Article.
Md. Code, Health - General § 2-703 — MD Code / Article ghg / Title 2 / Subtitle 7 / Section 2-703
§2–703.
Status: in_force

(a) On a finding of an overpayment to a provider, the Inspector General may not use extrapolation unless there is a determination of a sustained or high level of payment error, as defined by regulation.

(b) When using extrapolation to determine an overpayment, the sample to be used may not include claims:

(1) In which the alleged overpayment would have no fiscal impact on the entire sample;

(2) That were submitted in accordance with the Department’s, Inspector General’s, or program’s directives, policies, guidelines, or regulations; or

(3) That are the result of an unintentional overlap in services among unrelated providers caused by circumstances beyond the control of the provider that is subject to the audit, in which case the Inspector General may recover the original overpayment.
Md. Code, Agriculture § 2-504.1 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-504.1
§2–504.
Status: reserved

§2–504.1.

(a) In each county containing productive agricultural land, the county governing body shall appoint an agricultural preservation advisory board.

(b) (1) Except as provided in paragraphs (2) and (3) of this subsection, the agricultural preservation advisory board shall consist of five members, at least three of whom shall be owner–operators of commercial farms who earn 50 percent or more of their income from farming.

(2) In Worcester County, the agricultural preservation advisory board shall consist of seven members, at least four of whom shall be owner–operators of commercial farms who earn 50 percent or more of their income from farming.

(3) In St. Mary’s County, the agricultural preservation advisory board shall consist of five members, at least three of whom shall be actively pursuing the production of agricultural products for profit.

(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, each member of an agricultural preservation advisory board shall be appointed for a term of office of 5 years.

(2) In Charles County and in Worcester County, a member shall serve a term of office of 4 years.

(3) In Howard County, a member shall serve a term of office of 3 years.

(4) No member shall serve for more than two consecutive full terms.

(5) Appointment to fill a vacancy shall be for the remainder of the unexpired term.

(d) Duties of each agricultural preservation advisory board shall be:

(1) To advise the county governing body with respect to the approval of purchases of easements by the Foundation within the county;

(2) To assist the county governing body in reviewing the status of land under easement;

(3) To advise the Foundation concerning county priorities for agricultural preservation;

(4) To approve or disapprove an application by the county for certification or recertification under § 5–408 of the State Finance and Procurement Article;

(5) To promote preservation of agriculture within the county by offering information and assistance to farmers with respect to the purchase of easements;

(6) To meet at least annually with forest conservation district boards in order to work cooperatively to encourage the promotion and retention of farmland and woodland in their respective jurisdictions; and

(7) To perform any other duties as assigned by the county governing body.
Md. Code, Courts and Judicial Proceedings § 2-303 — MD Code / Article gcj / Title 2 / Subtitle 3 / Section 2-303
§2–303.
Status: in_force

When a sheriff serves or attempts to serve a paper he shall file a return with the clerk of the court that issued the paper stating whether or not the paper was served, and other information required by rule or law.
Md. Code, State Government § 2-1105 — MD Code / Article gsg / Title 2 / Subtitle 11 / Section 2-1105
§2–1105.
Status: in_force

Within the amounts made available by appropriation, each officer and unit of the State government shall conduct any study that a standing committee requests.
Md. Code, Human Services § 2-504 — MD Code / Article ghu / Title 2 / Subtitle 5 / Section 2-504
§2–504.
Status: in_force

(a) (1) The Commission shall:

(i) investigate policy challenges, opportunities, and recommendations regarding the mitigation of multigenerational poverty;

(ii) identify services and policies within State programs that can be coordinated to support a multigenerational approach to addressing poverty;

(iii) identify program and service gaps and inconsistencies among federal, State, and local policies;

(iv) identify, test, and recommend best practices implemented at the federal, State, and local levels;

(v) solicit information and guidance from external sources with direct knowledge and experience in addressing multigenerational poverty;

(vi) identify tools to measure and predict the impact of the benefit cliff on an individual family basis;

(vii) measure the impact of multigenerational programs;

(viii) identify opportunities to coordinate multigenerational services across multiple State agencies; and

(ix) collect data to be used in evaluating the effectiveness of programs.

(2) The Commission may:

(i) utilize federal and State funding to establish and implement programs to address multigenerational poverty; and

(ii) partner with local jurisdictions and community action agencies, local departments of social services, and local workforce development areas in implementing programs to address intergenerational poverty.

(b) Through the Secretary, the Commission shall submit an annual report including recommendations based on the Commission’s studies to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly.
Md. Code, Tax - General § 2-1302.1 — MD Code / Article gtg / Title 2 / Subtitle 13 / Section 2-1302.1
§2–1302.
Status: in_force

§2–1302.1.

After making the distributions required under §§ 2–1301 and 2–1302 of this subtitle:

(1) of the sales and use tax collected under § 11–104(c) and (c–1) of this article on short–term vehicle rentals and peer–to–peer car sharing, the Comptroller shall distribute:

(i) 45% to the Transportation Trust Fund established under § 3–216 of the Transportation Article; and

(ii) the remainder to the Chesapeake and Atlantic Coastal Bays 2010 Trust Fund; and

(2) the Comptroller shall distribute to the Transportation Trust Fund established under § 3–216 of the Transportation Article the sales and use tax collected that is attributable to the sale of electricity:

(i) at an electric vehicle charging station; or

(ii) used to charge an electric vehicle and is not sold under a residential or domestic rate schedule on file with the Public Service Commission.
Md. Code, Health - General § 2-609 — MD Code / Article ghg / Title 2 / Subtitle 6 / Section 2-609
§2–609.
Status: in_force

(a) A civil action filed under this subtitle may not be filed after the later of:

(1) 6 years after the date on which the underlying violation of § 2–602(a) of this subtitle occurred; or

(2) 3 years after the date when facts material to the right of action are known by the relator, the State’s Inspector General, or the Director of the State’s Medicaid Fraud Control Unit or reasonably should have been known, but in no event more than 10 years after the date on which the underlying violation of § 2–602(a) of this subtitle is committed.

(b) A civil action may be filed under this subtitle for activity that occurred prior to October 1, 2010, if the limitations period under subsection (a) of this section has not lapsed.

(c) If the State elects to intervene and proceed with an action brought under this subtitle, the State, through the Office of the Attorney General, may:

(1) File its own complaint; or

(2) Amend the complaint of the person who brought the action to clarify, add detail to the complaint, or add additional claims to the complaint.

(d) To the extent that the claim of the State arises out of the conduct, transactions, or occurrences set forth, or attempted to be set forth by a person, a State pleading relates back to the filing date of the complaint of the person who originally brought the action.

(e) In an action filed under this subtitle, all essential elements of the cause of action, including damages, shall be proven by a preponderance of the evidence.

(f) Notwithstanding any other provision of law or rule of procedure or evidence in the Maryland Rules, a final judgment rendered in favor of the State in any criminal proceeding charging fraud or false statements, whether on a verdict after trial or on a plea of guilty or nolo contendere, shall stop the defendant from denying the essential elements of the offense in any action filed under this subtitle that involves the same act, transaction, or occurrence as in the criminal proceeding.
Md. Code, Transportation § 2-701 — MD Code / Article gtr / Title 2 / Subtitle 7 / Section 2-701
§2–701.
Status: in_force

(a) The General Assembly finds that the State must have sustainable communities in order to:

(1) Preserve and protect the State’s natural resources; and

(2) Achieve the State’s economic growth, resource protection, and planning policy in § 5–7A–01 of the State Finance and Procurement Article.

(b) The General Assembly finds that sustainable communities are places where public and private investments and partnerships achieve:

(1) Development of a healthy local economy;

(2) Protection and appreciation of historic and cultural resources;

(3) A mix of land uses;

(4) Affordable and sustainable housing and job options; and

(5) Growth and development practices that protect the environment and conserve air, water, and energy resources, encourage walkability and recreational opportunities, and, where available, create access to transit.
Md. Code, State Personnel and Pensions § 2-517 — MD Code / Article gsp / Title 2 / Subtitle 5 / Section 2-517
§2–517.
Status: in_force

(a) In this section, “carrier” means:

(1) a health insurer;

(2) a nonprofit health service plan;

(3) a health maintenance organization; and

(4) a dental plan organization.

(b) This section does not apply to a fixed indemnity health insurance policy or contract if the premiums are paid solely by an individual.

(c) (1) A carrier shall provide, at the request of the Department, information about individuals who are eligible for benefits under the Program or are Program recipients so that the Department may determine whether the individual is receiving health care coverage from the carrier and the nature of that coverage.

(2) A carrier shall provide the information required under this subsection in a manner prescribed by the Department, in accordance with the standard data elements for standard transactions required under 42 U.S.C. § 1320d–4 as adopted by the Secretary of Health and Human Services.

(d) A carrier shall accept the Program’s right of recovery and the assignment to the Program of any right of an individual or other entity to payment from the carrier for an item or service for which payment has been made under the Program if the carrier has a legal obligation to make payment for the item or service.

(e) A carrier may not reject, deny, limit, cancel, refuse to renew, increase the rates of, affect the terms or conditions of, or otherwise affect a health insurance policy or contract for a reason based wholly or partly on:

(1) the eligibility of an individual to receive benefits under the Program; or

(2) the receipt by an individual of benefits under the Program.
Md. Code, Commercial Law § 2-702 — MD Code / Article gcl / Title 2 / Subtitle 7 / Section 2-702
§2–702.
Status: in_force

(1) Where the seller discovers the buyer to be insolvent he may refuse delivery except for cash including payment for all goods theretofore delivered under the contract, and stop delivery under this title (§ 2-705).

(2) Where the seller discovers that the buyer has received goods on credit while insolvent he may reclaim the goods upon demand made within ten days after the receipt, but if misrepresentation of solvency has been made to the particular seller in writing within three months before delivery the ten day limitation does not apply. Except as provided in this subsection the seller may not base a right to reclaim goods on the buyer’s fraudulent or innocent misrepresentation of solvency or of intent to pay.

(3) The seller’s right to reclaim under subsection (2) is subject to the rights of a buyer in ordinary course or other good faith purchaser under this title (§ 2-403). Successful reclamation of goods excludes all other remedies with respect to them.
Md. Code, Agriculture § 2-102 — MD Code / Article gag / Title 2 / Subtitle 1 / Section 2-102
§2–102.
Status: in_force

(a) The head of the Department is the Secretary of Agriculture, who shall be appointed by the Governor, with the advice and consent of the Senate.

(b) The Secretary shall receive the salary provided in the State budget. He serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall counsel and advise the Governor on all matters assigned to the Department of Agriculture and is responsible for carrying out the Governor’s policies with respect to these matters. The Secretary shall be responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department.

(c) The Secretary, with the approval of the Governor, shall appoint a deputy secretary who has the duties provided by law or delegated by the Secretary. The deputy secretary serves at the pleasure of the Secretary and shall receive the salary provided in the State budget.

(d) (1) (i) The Secretary also shall have within the Department assistants, professional consultants, and employees as provided in the State budget.

(ii) Assistants in charge of areas of responsibility and professional consultants shall be in the executive service, management service, or special appointments in the State Personnel Management System and shall serve at the pleasure of the Secretary.

(iii) Wherever it is provided by law that the Secretary makes an appointment to a particular office within the Department with the approval of the Governor, the Secretary may not remove the appointee without first obtaining the Governor’s approval.

(2) Except as otherwise provided by law, the Secretary shall appoint and remove all other personnel in accordance with the provisions of the State Personnel and Pensions Article.

(3) The Secretary may delegate the authority to appoint and remove personnel of any unit to the administrator of the unit.

(e) (1) Notwithstanding the provisions of §§ 5–502 through 5–504 of the General Provisions Article, an individual who owns or operates a farm that is subject to the regulatory authority of the Department may be employed within the Department, if the individual, with respect to the farm activities of the individual’s farm, does not exercise any regulatory or supervisory authority in the individual’s capacity as an employee of the Department.

(2) The Department, in consultation with the State Ethics Commission, shall adopt regulations to govern conflicts of interest with respect to employment of individuals who own or operate a farm under this subsection.
Md. Code, Alcoholic Beverages and Cannabis § 2-138 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-138
§2–138.
Status: in_force

(a) There is a family beer and wine facility permit.

(b) (1) The permit authorizes the holder to establish a facility to produce family beer or wine by a consumer who:

(i) is of legal drinking age; but

(ii) does not have a license.

(2) The permit authorizes the holder to provide equipment, raw materials, and instructions to a consumer.

(3) Except as provided in paragraph (4) of this subsection, the permit holder may not engage in the production or manufacture of beer or wine.

(4) A permit authorizes the holder to engage in the production or manufacture of beer or wine for:

(i) testing equipment or recipes; and

(ii) sampling, provided that:

1. each patron has no more than five samples;

2. each sample does not exceed 2 ounces; and

3. each sample is consumed on the premises by an individual who has a nonrefundable contract to brew or ferment at the facility.

(c) Family beer and wine produced at a family beer and wine facility:

(1) shall be removed from the premises by the consumer; and

(2) may be used only for home consumption and the personal use of the consumer.

(d) The Executive Director may restrict the permit holder to the production of family–produced beer or family–produced wine.

(e) The permit fee is $400.

(f) The Executive Director may adopt regulations regarding any activity relating to the operation of the facility, including limits on the quantities of beer and wine produced and record keeping.
Md. Code, Human Services § 2-503 — MD Code / Article ghu / Title 2 / Subtitle 5 / Section 2-503
§2–503.
Status: in_force

(a) The Commission consists of the following members:

(1) the Secretary, who shall serve as the ex officio chair of the Commission;

(2) two members of the Senate, appointed as follows:

(i) one member of the Senate Budget and Taxation Committee, appointed by the President of the Senate; and

(ii) one member appointed by the Minority Leader of the Senate;

(3) two members of the House of Delegates, appointed as follows:

(i) one member of the House Appropriations Committee, appointed by the Speaker of the House; and

(ii) one member appointed by the Minority Leader of the House of Delegates;

(4) the Secretary of Housing and Community Development, or the Secretary’s designee;

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

(6) the Secretary of Health, or the Secretary’s designee;

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

(8) the Secretary of Juvenile Services, or the Secretary’s designee;

(9) the Superintendent of the Maryland State Department of Education, or the Superintendent’s designee;

(10) one director of a local department of social services, appointed by the Secretary of Human Services in consultation with the Maryland Association of Social Services Directors;

(11) one county health officer, appointed by the Secretary of Health in consultation with the Maryland Association of County Health Officers;

(12) one member appointed by the Maryland Association of Community Colleges;

(13) two public members appointed by the Governor, including at least one parent with experience in child welfare advocacy or community action partnerships; and

(14) one member appointed by the Secretary of Human Services who lived in and experienced poverty in Maryland and who was, within the past 3 years before appointment to the Commission, a recipient of public assistance based on the individual’s poverty.

(b) To the extent practicable, appointments under this section shall ensure geographic diversity among the membership of the Commission.

(c) (1) This subsection applies to commissioners appointed under subsection (a)(10) through (13) of this section.

(2) The term of a commissioner is 4 years.

(3) The terms of the members are staggered as required by the terms provided for members of the Commission on October 1, 2020.

(4) At the end of a term, a commissioner continues to serve until a successor is appointed.

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

(d) The Department shall provide staff for the Commission.

(e) A member of the Commission:

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

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