Md. Code, Courts and Judicial Proceedings § 3-1108 — MD Code / Article gcj / Title 3 / Subtitle 11 / Section 3-1108
§3–1108.
Status: in_force

(a) If a volunteer fire company attempts but is not able to provide for the emergency response, containment, cleanup, and abatement of a spill of hazardous materials in a traffic accident, the incident commander at the scene of the traffic accident may request assistance from any other person, partnership, firm, association, corporation, or other entity that is experienced in the emergency response, containment, cleanup, and abatement of a spill of hazardous materials in a traffic accident.

(b) Subject to a written memorandum of agreement between the Department of the Environment and the fire company, any costs incurred under subsection (a) of this section may be reimbursed from the State Hazardous Substance Control Fund under § 7-221 of the Environment Article.

(c) Any expenditure from the State Hazardous Substance Control Fund made in accordance with the provisions of this section shall be reimbursed to the Department by the person responsible for the release as provided under § 7-221 of the Environment Article.
Md. Code, Correctional Services § 3-521 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-521
§3–521.
Status: in_force

(a) (1) The Management Council shall:

(i) advise Maryland Correctional Enterprises on its specific proposals to establish new industries and improve the quality and quantity of job training programs; and

(ii) recommend the establishment and maintenance of industrial plants and service centers to be used for implementing the programs developed by the Commissioner and Chief Executive Officer under § 3–511 of this subtitle.

(2) Maryland Correctional Enterprises shall operate industrial plants and service centers recommended under paragraph (1)(ii) of this subsection primarily with incarcerated individuals in a manner that benefits the State and the training of incarcerated individuals by producing goods or providing services that are practical and adaptable for a prison industry.

(b) The Management Council shall:

(1) review the operation of the programs of Maryland Correctional Enterprises to determine whether:

(i) there is undue competition with private enterprise and recommend necessary adjustments to prevent undue competition; and

(ii) there is any negative impact on workers in the State, including wage depression or job displacement;

(2) review the standards for goods and services and the pricing schedules as recommended by the Chief Executive Officer; and

(3) review the occupational health and safety record of programs and other working conditions of incarcerated individuals in the programs of Maryland Correctional Enterprises.

(c) The Management Council shall:

(1) review the success of Maryland Correctional Enterprises in:

(i) meeting the employability development needs of incarcerated individuals; and

(ii) coordinating work programs with other rehabilitative programs;

(2) solicit and review information pertaining to concerns of participating incarcerated individuals; and

(3) recommend changes as necessary to meet the goals and objectives of Maryland Correctional Enterprises.

(d) The Management Council shall:

(1) solicit ideas, proposals, and suggestions from business representatives, nonprofit organizations, government entities, and members of the public as to how Maryland Correctional Enterprises could enhance the work experience of incarcerated individuals and increase the ability of incarcerated individuals to obtain gainful employment after release;

(2) review and recommend opportunities with private sector employers to expand the Prison Industries Enhancement Program;

(3) review and identify ways to improve the business practices of Maryland Correctional Enterprises in its sales, marketing, inventory, warehousing, and product line operations;

(4) monitor customer satisfaction with price, quality, delivery, and after delivery service; and

(5) review and comment on the operating and capital budgets of Maryland Correctional Enterprises, including cash forecasts.
Md. Code, Criminal Procedure § 3-101 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

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

(b) “Committed person” means a person committed to the Health Department as not criminally responsible under the test for criminal responsibility.

(c) “Court” means a court that has criminal jurisdiction.

(d) “Health Department” means the Maryland Department of Health.

(e) “Hospital warrant” means a legal document issued by a court that:

(1) authorizes any law enforcement officer in the State to apprehend a person who is alleged to have violated an order for conditional release and transport the person to a facility designated by the Health Department; and

(2) requires that the issuance of the warrant is entered in the person’s criminal history record information of the criminal justice information system.

(f) “Incompetent to stand trial” means not able:

(1) to understand the nature or object of the proceeding; or

(2) to assist in one’s defense.

(g) (1) “Mental disorder” means a behavioral or emotional illness that results from a psychiatric or neurological disorder.

(2) “Mental disorder” includes a mental illness that so substantially impairs the mental or emotional functioning of a person as to make care or treatment necessary or advisable for the welfare of the person or for the safety of the person or property of another.

(3) “Mental disorder” does not include an intellectual disability.

(h) “Office” means the Office of Administrative Hearings.
Md. Code, Housing and Community Development § 3-205 — MD Code / Article ghs / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

(a) In this section, “development costs” has the meaning stated in § 4-201 of this article.

(b) The Department, in its own name or in the name of the Fund:

(1) may insure or guarantee on terms that it specifies a mortgage or pool of mortgages offered or bonds or notes issued that are eligible for insurance under § 3-202 of this subtitle;

(2) may insure a total of not more than $30,000,000 of bridge loans that are:

(i) made for part of the development costs of rental housing projects that are awarded federal low income housing tax credits; and

(ii) secured by personal rather than real property;

(3) may provide other forms of credit enhancement on terms that it specifies for qualified lenders and borrowers who otherwise cannot get credit enhancement in the private market;

(4) may issue obligations in any form backed by a pool of mortgages, including:

(i) securities;

(ii) certificates of participation;

(iii) grantor trusts;

(iv) collateralized mortgage obligations; and

(v) pass-through certificates;

(5) notwithstanding Titles 10 through 17 of the State Finance and Procurement Article, after a default under an obligation that is insured or otherwise backed by a credit enhancement under this subtitle, may acquire, hold, improve, operate pending sale or other disposition, sell, assign, exchange, transfer, convey, lease, mortgage, or otherwise dispose of or encumber:

(i) real property or an interest in real property;

(ii) personal property or an interest in personal property; or

(iii) evidence of indebtedness, including:

1. pass-through certificates;

2. residual interests; and

3. other securities backed by real estate or a mortgage; and

(6) in connection with a property, whether or not insured by the Fund, acquired by the Department or the Fund through foreclosure, through deed in lieu of foreclosure, or in settlement for a claim for loss:

(i) may contract with a private party for services to secure, maintain, operate, or improve the property in anticipation of disposition of the property, without requiring that the contract comply with Division II of the State Finance and Procurement Article; or

(ii) may make a mortgage loan to assist in the disposition of the property.
Md. Code, Public Safety § 3-308 — MD Code / Article gps / Title 3 / Subtitle 3 / Section 3-308
§3–308.
Status: in_force

(a) The special police officer is responsible for:

(1) any abuse of the special police officer’s powers; and

(2) the exercise of the special police officer’s powers on property not within the special police officer’s jurisdiction.

(b) The entity that requested the appointment of the special police officer is also responsible for:

(1) any wrongful action that the special police officer commits in the course of the special police officer’s duties; and

(2) any abuse of the powers granted by the commission, either on or off the premises.
Md. Code, Labor and Employment § 3-910 — MD Code / Article gle / Title 3 / Subtitle 9 / Section 3-910
§3–910.
Status: in_force

(a) As authorized by State and federal law, units within the Maryland Department of Labor and the Department of Budget and Management, the Secretary of State, the Comptroller, the Maryland Insurance Administration, and other State agencies shall cooperate and share information concerning any suspected failure to properly classify an individual as an employee.

(b) On a showing by clear and convincing evidence that a violation of § 3–904 of this subtitle has occurred and as authorized by federal and State law, the Commissioner shall refer any complaint that alleges a violation of § 13–1007 or § 13–1024 of the Tax – General Article to the:

(1) Comptroller;

(2) State’s Attorney with jurisdiction over the alleged violation;

(3) U.S. Department of Justice;

(4) U.S. Department of Labor; and

(5) U.S. Department of the Treasury.
Md. Code, Labor and Employment § 3-208 — MD Code / Article gle / Title 3 / Subtitle 2 / Section 3-208
§3–208.
Status: in_force

A work permit or special permit authorizes a minor to work for an employer as specified in the permit.
Md. Code, Criminal Procedure § 3-105 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-105
§3–105.
Status: in_force

(a) (1) For good cause and after giving the defendant an opportunity to be heard, the court may order the Health Department to examine the defendant to determine whether the defendant is incompetent to stand trial.

(2) The court shall set and may change the conditions under which the examination is to be made.

(b) On consideration of the nature of the charge, the court:

(1) may require or allow the examination to be done on an outpatient basis; and

(2) if an outpatient examination is authorized, shall set bail for the defendant or authorize release of the defendant on recognizance.

(c) (1) If a defendant is to be held in custody for examination under this section, the defendant may be confined in a correctional facility until the Health Department can conduct the examination. If the court finds it appropriate for the health or safety of the defendant, the court may order confinement in a medical wing or other isolated and secure unit of the correctional facility.

(2) (i) If the court finds that, because of the apparent severity of the mental disorder or intellectual disability, a defendant in custody would be endangered by confinement in a correctional facility, the court may order that the Health Department, in the Health Department’s discretion:

1. confine the defendant, pending examination, in a medical facility that the Health Department designates as appropriate; or

2. immediately conduct a competency examination of the defendant by a community forensic screening program or other agency that the Health Department finds appropriate.

(ii) Unless the Health Department retains the defendant, the defendant shall be promptly returned to the court after the examination.

(3) A defendant who is held for examination under this section may question at any time the legality of the detention by petition for a writ of habeas corpus.

(d) (1) If a court orders an examination under this section, the Health Department shall:

(i) examine the defendant; and

(ii) send a complete report of its findings to:

1. the court;

2. the State’s Attorney; and

3. the defense counsel.

(2) Unless there is a plea that the defendant was not criminally responsible under § 3–109 of this title, the defendant is entitled to have the report within 7 days after the court orders the examination. However, failure of the Health Department to send the complete report within that time is not, of itself, grounds for dismissal of the charges. On good cause shown, the court may extend the time for examination.

(3) If the Health Department reports that, in its opinion, the defendant is incompetent to stand trial, the report shall state, in a complete supplementary opinion, whether, because of a mental disorder or an intellectual disability, the defendant would be a danger to self or the person or property of another, if released.

(4) A statement made by the defendant in the course of an examination under this section is not admissible in a criminal proceeding for the purpose of proving the commission of a criminal offense or to enhance the sentence of the defendant.

(5) Except for the purpose of impeaching the testimony of the defendant, a report prepared as the result of an examination under this section is not admissible in a criminal proceeding for the purpose of proving the commission of a criminal offense or to enhance the sentence of the defendant.
Md. Code, State Finance and Procurement § 3-604 — MD Code / Article gsf / Title 3 / Subtitle 6 / Section 3-604
§3–604.
Status: in_force

The capital program:

(1) shall include State public works and major capital improvement projects undertaken or recommended to be undertaken by the State; and

(2) may include major projects undertaken or recommended to be undertaken with State aid or under State regulation.
Md. Code, Correctional Services § 3-402 — MD Code / Article gcs / Title 3 / Subtitle 4 / Section 3-402
§3–402.
Status: in_force

With the Secretary’s approval, the Commissioner may establish a home detention program under which an incarcerated individual in the custody of the Commissioner may live in a private dwelling that the Commissioner or the Commissioner’s designee approves.
Md. Code, Courts and Judicial Proceedings § 3-2A-09 — MD Code / Article gcj / Title 3 / Subtitle 2A / Section 3-2A-09
§3–2A–09.
Status: in_force

(a) This section applies to an award under § 3-2A-05 of this subtitle or a verdict under § 3-2A-06 of this subtitle for a cause of action arising on or after January 1, 2005.

(b) (1) (i) Except as provided in paragraph (2)(ii) of this subsection, an award or verdict under this subtitle for noneconomic damages for a cause of action arising between January 1, 2005, and December 31, 2008, inclusive, may not exceed $650,000.

(ii) The limitation on noneconomic damages provided under subparagraph (i) of this paragraph shall increase by $15,000 on January 1 of each year beginning January 1, 2009. The increased amount shall apply to causes of action arising between January 1 and December 31 of that year, inclusive.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the limitation under paragraph (1) of this subsection shall apply in the aggregate to all claims for personal injury and wrongful death arising from the same medical injury, regardless of the number of claims, claimants, plaintiffs, beneficiaries, or defendants.

(ii) If there is a wrongful death action in which there are two or more claimants or beneficiaries, whether or not there is a personal injury action arising from the same medical injury, the total amount awarded for noneconomic damages for all actions may not exceed 125% of the limitation established under paragraph (1) of this subsection, regardless of the number of claims, claimants, plaintiffs, beneficiaries, or defendants.

(c) (1) In a jury trial, the jury may not be informed of the limitation under subsection (b) of this section.

(2) If the jury awards an amount for noneconomic damages that exceeds the limitation established under subsection (b) of this section, the court shall reduce the amount to conform to the limitation.

(3) In a wrongful death action in which there are two or more claimants or beneficiaries, if the jury awards an amount for noneconomic damages that exceeds the limitation under subsection (b) of this section or a reduction under paragraph (4) of this subsection, the court shall:

(i) If the amount of noneconomic damages for the primary claimants, as described under § 3-904(d) of this title, equals or exceeds the limitation under subsection (b) of this section or a reduction under paragraph (4) of this subsection:

1. Reduce each individual award of a primary claimant proportionately to the total award of all primary claimants so that the total award to all claimants or beneficiaries conforms to the limitation or reduction; and

2. Reduce each award, if any, to a secondary claimant as described under § 3-904(e) of this title to zero dollars; or

(ii) If the amount of noneconomic damages for the primary claimants does not exceed the limitation under subsection (b) of this section or a reduction under paragraph (4) of this subsection or if there is no award to a primary claimant:

1. Enter an award to each primary claimant, if any, as directed by the verdict; and

2. Reduce each individual award of a secondary claimant proportionately to the total award of all of the secondary claimants so that the total award to all claimants or beneficiaries conforms to the limitation or reduction.

(4) In a case in which there is a personal injury action and a wrongful death action, if the total amount awarded by the jury for noneconomic damages for both actions exceeds the limitation under subsection (b) of this section, the court shall reduce the award in each action proportionately so that the total award for noneconomic damages for both actions conforms to the limitation.

(d) (1) A verdict for past medical expenses shall be limited to:

(i) The total amount of past medical expenses paid by or on behalf of the plaintiff; and

(ii) The total amount of past medical expenses incurred but not paid by or on behalf of the plaintiff for which the plaintiff or another person on behalf of the plaintiff is obligated to pay.

(2) (i) A court may on its own motion, or on motion of a party, employ a neutral expert witness to testify on the issue of a plaintiff’s future medical expenses or future loss of earnings.

(ii) Unless otherwise agreed to by the parties, the costs of a neutral expert witness shall be divided equally among the parties.

(iii) Nothing contained in this subsection limits the authority of a court concerning a court’s witness.
Md. Code, Public Safety § 3-530 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-530
§3–530.
Status: in_force

(a) The Governor’s Office of Crime Prevention and Policy shall request and analyze data relating to juveniles who are charged, convicted, and sentenced as adults in the State, including data from:

(1) law enforcement agencies in the State;

(2) the Administrative Office of the Courts;

(3) local correctional facilities in the State; and

(4) the Department of Public Safety and Correctional Services.

(b) The information collected and analyzed under subsection (a) of this section shall include:

(1) the number of juveniles charged, convicted, and sentenced as adults;

(2) the outcomes of cases involving juveniles charged as adults, including whether the case resulted in conviction, dismissal, or transfer to the juvenile court under § 4–202, § 4–202.1, or § 4–202.2 of the Criminal Procedure Article;

(3) the number of juveniles housed in each State correctional facility and local correctional facility; and

(4) the length of sentence for each juvenile sentenced as an adult in the State.

(c) On or before December 31, 2023, and on or before December 31 each year thereafter, the Governor’s Office of Crime Prevention and Policy shall report its findings to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
Md. Code, Labor and Employment § 3-1305 — MD Code / Article gle / Title 3 / Subtitle 13 / Section 3-1305
§3–1305.
Status: in_force

(a) An employer shall allow an employee to use earned sick and safe leave:

(1) to care for or treat the employee’s mental or physical illness, injury, or condition;

(2) to obtain preventive medical care for the employee or employee’s family member;

(3) to care for a family member with a mental or physical illness, injury, or condition;

(4) for maternity or paternity leave; or

(5) if:

(i) the absence from work is necessary due to domestic violence, sexual assault, or stalking committed against the employee or the employee’s family member; and

(ii) the leave is being used:

1. by the employee to obtain for the employee or the employee’s family member:

A. medical or mental health attention that is related to the domestic violence, sexual assault, or stalking;

B. services from a victim services organization related to the domestic violence, sexual assault, or stalking; or

C. legal services or proceedings related to or resulting from the domestic violence, sexual assault, or stalking; or

2. during the time that the employee has temporarily relocated due to the domestic violence, sexual assault, or stalking.

(b) (1) If the need to use earned sick and safe leave is foreseeable, an employer may require an employee to provide reasonable advance notice of not more than 7 days before the date the earned sick and safe leave would begin.

(2) If the need to use earned sick and safe leave is not foreseeable, an employee shall:

(i) provide notice to an employer as soon as practicable; and

(ii) generally comply with the employer’s notice or procedural requirements for requesting or reporting other leave, if those requirements do not interfere with the employee’s ability to use earned sick and safe leave.

(3) An employer may deny a request to take earned sick and safe leave if:

(i) 1. an employee fails to provide the notice required under paragraph (1) or (2) of this subsection; and

2. the employee’s absence will cause a disruption to the employer; or

(ii) 1. the employer is a private employer licensed under Title 7 or Title 10 of the Health – General Article to provide services to developmentally disabled or mentally ill individuals;

2. the need to use earned sick and safe leave is foreseeable;

3. after exercising reasonable efforts, the employer is unable to provide a suitable replacement employee; and

4. the employee’s absence will cause a disruption of service to at least one individual with a developmental disability or mental illness.

(c) An employer may not require that an employee who is requesting earned sick and safe leave search for or find an individual to work in the employee’s stead during the time the employee is taking the leave.

(d) (1) (i) Instead of taking earned sick and safe leave under this section, by mutual consent of the employer and employee, an employee may work additional hours or trade shifts with another employee during a pay period, or the following pay period, to make up work hours that the employee took off for which the employee could have taken earned sick and safe leave.

(ii) An employee is not required to offer or to accept an offer of additional work hours or a trade in shifts.

(iii) If an employee works additional hours or trades shifts under subparagraph (i) of this paragraph, the employer may not deduct the absence from the employee’s accrued earned sick and safe leave.

(2) (i) This paragraph applies only to an employee employed in the restaurant industry who is compensated as a tipped employee under § 3–419 of this title and who would be entitled to paid leave under § 3–1304 of this subtitle if the employee:

1. needs to take earned sick and safe leave;

2. prefers and is able to work additional hours or trade shifts with another employee in the same pay period or the following pay period; and

3. requires the employer to arrange coverage of the shift.

(ii) If the employer is contacted to arrange the coverage of a shift under subparagraph (i) of this paragraph, the employer shall have the discretion to offer the employee a choice of:

1. being paid the minimum wage required under § 3–413 of this title for the employee’s absence; or

2. working an equivalent shift of the same number of hours in the same pay period or the following pay period.

(iii) An employer that does not offer the tipped employee the choice under subparagraph (ii) of this paragraph shall pay to the employee the minimum wage required under § 3–413 of this title for the use of the earned sick and safe leave.

(iv) An employer may deduct an absence taken under this paragraph from the employee’s accrued earned sick and safe leave.

(3) An employer is not required to consent to an employee’s request to work additional hours or trade shifts if the additional hours or trade in shifts would result in the employer being required to pay overtime to the employee.

(e) (1) Except as provided in paragraph (2) of this subsection, an employee may take earned sick and safe leave in the smallest increment that the employer’s payroll system uses to account for absences or use of the employee’s work time.

(2) An employer may require an employee to take earned sick and safe leave in an increment not exceeding 4 hours.

(f) (1) When wages are paid to an employee, the employer shall provide in writing by any reasonable method a statement regarding the amount of earned sick and safe leave that is available for use by the employee.

(2) An employer may satisfy the requirement under paragraph (1) of this subsection by providing an online system through which an employee may ascertain the balance of the employee’s available earned sick and safe leave.

(g) (1) An employer may require an employee who uses earned sick and safe leave to provide verification that the leave was used appropriately under subsection (a) of this section if:

(i) the leave was used for more than two consecutive scheduled shifts; or

(ii) 1. the employee used the leave during the period between the first 107 and 120 calendar days, both inclusive, that the employee was employed by the employer; and

2. the employee agreed to provide verification under terms mutually agreed to by the employer and the employee at the time the employee was hired by the employer.

(2) If an employee fails or refuses to provide verification as required by an employer under paragraph (1) of this subsection, the employer may deny a subsequent request to take earned sick and safe leave for the same reason.
Md. Code, Corporations and Associations § 3-505 — MD Code / Article gca / Title 3 / Subtitle 5 / Section 3-505
§3–505.
Status: in_force

(a) If the Department is satisfied that a corporation named in the proclamation has not failed to pay the tax, unemployment insurance contributions, or reimbursement payments, or file the report within the period specified in § 3–503 of this subtitle, or that it has been mistakenly reported to the Department by the State Comptroller or the Secretary of Labor, the Department may correct the mistake by filing its proclamation to that effect in its records.

(b) The effect of a proclamation correcting a mistake is to restore the charter of the corporation as if the charter had at all times remained in full force and effect.
Md. Code, Courts and Judicial Proceedings § 3-215 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-215
§3–215.
Status: in_force

(a) The majority of the arbitrators may determine any question and render a final award.

(b) If an arbitrator for any reason ceases to act during the course of the arbitration hearing, the remaining arbitrators or arbitrator appointed to act as neutral, may continue with a hearing and the determination of the controversy.
Md. Code, Financial Institutions § 3-309 — MD Code / Article gfi / Title 3 / Subtitle 3 / Section 3-309
§3–309.
Status: in_force

(a) (1) Each commercial bank shall keep a stock ledger, which shall contain the name and address of each stockholder and the number of shares of stock that the stockholder holds.

(2) In any proceeding, the stock ledger is presumptive evidence of the facts stated in it.

(b) (1) Any stockholder, director, or officer of a commercial bank may inspect the stock ledger during usual business hours.

(2) Failure to show the stock ledger to an individual on that individual’s rightful demand subjects the officer responsible for the failure to a civil penalty of $50, payable to the Commissioner.
Md. Code, Real Property § 3-403 — MD Code / Article grp / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

(a) A filing officer shall record a notice of federal lien, a refiling of a notice of federal lien, or a notice of revocation of any certificate described in subsection (b) of this section presented to the filing officer.

(b) A filing officer shall record a certificate of release, nonattachment, discharge, or subordination of any lien presented to the filing officer.
Md. Code, Land Use § 3-102 — MD Code / Article glu / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

(a) (1) The planning commission for a local jurisdiction shall include in the comprehensive plan the following elements:

(i) a community facilities element;

(ii) an area of critical State concern element;

(iii) a goals and objectives element;

(iv) a housing element;

(v) a land use element;

(vi) a development regulations element;

(vii) a sensitive areas element;

(viii) a transportation element; and

(ix) a water resources element.

(2) If current geological information is available, the plan shall include a mineral resources element.

(3) The plan for a municipal corporation that exercises zoning authority shall include a municipal growth element.

(4) The plan for a county that is located on the tidal waters of the State shall include a fisheries element.

(b) (1) The planning commission for a local jurisdiction may include in the plan additional elements to advance the purposes of the plan.

(2) The additional elements may include:

(i) community renewal elements;

(ii) conservation elements;

(iii) flood control elements;

(iv) natural resources elements;

(v) pollution control elements;

(vi) the general location and extent of public utilities; and

(vii) a priority preservation area element developed in accordance with § 2–518 of the Agriculture Article.
Md. Code, State Government § 3-209 — MD Code / Article gsg / Title 3 / Subtitle 2 / Section 3-209
§3–209.
Status: in_force

This subtitle may be cited as the “Maryland Gubernatorial Transition Act”.
Md. Code, Business Occupations and Professions § 3-311 — MD Code / Article gbo / Title 3 / Subtitle 3 / Section 3-311
§3–311.
Status: in_force

(a) (1) Subject to the hearing provisions of § 3–313 of this subtitle, the Board, on the affirmative vote of a majority of its authorized membership, may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if:

(i) the applicant or licensee fraudulently or deceptively obtains or renews or attempts to obtain or renew a license or permit for the applicant or licensee or for another;

(ii) the applicant or licensee fraudulently or deceptively uses a license;

(iii) the applicant or licensee is guilty of any fraud, gross negligence, incompetence, or misconduct while practicing architecture;

(iv) the applicant or licensee violates any regulation adopted by the Board;

(v) the applicant or licensee violates any provision of this title;

(vi) the applicant or licensee aids or abets an unauthorized person to practice architecture;

(vii) under the laws of the United States or of any state, the applicant or licensee is convicted of:

1. a felony; or

2. a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to practice architecture; or

(viii) the applicant or licensee has had a license to practice architecture in another state revoked or suspended for grounds that would justify revocation or suspension of a license under this title, except for failure to pay a license fee.

(2) (i) Instead of or in addition to reprimanding the licensee or suspending or revoking a license under this subsection, the Board may impose a penalty not exceeding $5,000 for each violation.

(ii) To determine the amount of the penalty imposed under this subsection, the Board shall consider:

1. the seriousness of the violation;

2. the harm caused by the violation;

3. the good faith of the licensee; and

4. any history of previous violations by the licensee.

(3) The Board shall pay any penalty collected under this subsection into the General Fund of the State.

(b) The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(vii) of this section:

(1) the nature of the crime;

(2) the relationship of the crime to the activities authorized by the license;

(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to practice architecture;

(4) the length of time since the conviction; and

(5) the behavior and activities of the applicant or licensee before and after the conviction.
Md. Code, Financial Institutions § 3-604 — MD Code / Article gfi / Title 3 / Subtitle 6 / Section 3-604
§3–604.
Status: in_force

(a) A commercial bank may accept for payment at a later date a draft issued in connection with a transaction that involves the importation, exportation, or domestic shipment of goods, if the draft:

(1) Is payable not more than 6 months after the date of acceptance; and

(2) When accepted, is accompanied by a document of title.

(b) A commercial bank may accept a draft that a bank or banker in any foreign country or any possession or territory of the United States draws on the commercial bank to provide dollar exchange required by trade usage in the foreign country, possession, or territory if:

(1) The draft is payable not more than 3 months after the date of acceptance;

(2) The amount of the exchange does not exceed 50 percent of the unimpaired capital and surplus of the commercial bank; and

(3) For any exchange that exceeds 10 percent of the unimpaired capital and surplus of the commercial bank, the draft is accompanied by a document of title or other adequate security.
Md. Code, Insurance § 3-307 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-307
§3–307.
Status: in_force

(a) An affidavit that sets forth the facts referred to in § 3–306 of this subtitle and any other facts required by the Commissioner must be personally executed by the surplus lines broker or the originating insurance producer at the time the surplus lines insurance is placed.

(b) The affidavit must be filed with the Commissioner on or before the 45th day after the last day of the calendar quarter in which the surplus lines insurance was placed.

(c) For short–term medical insurance procured from a nonadmitted insurer under this subtitle, the affidavit shall include, for each declining authorized insurer, the reason for the declination.
Md. Code, Alcoholic Beverages and Cannabis § 3-207 — MD Code / Article gab / Title 3 / Subtitle 2 / Section 3-207
§3–207.
Status: in_force

(a) Except as provided in subsection (b) of this section:

(1) if a license is denied, another license application may not be considered from the same applicant or for the same location for 6 months after the denial; and

(2) if a subsequent application by the same applicant or for the same location is denied within a 2–year period immediately after the first denial, another application may not be considered from that applicant or for that location until the 2–year period expires.

(b) This section does not apply to:

(1) an applicant, if the license was denied because it was not necessary to accommodate the public or the location was not suitable for the sale of alcoholic beverages; or

(2) the location, if the license was denied because the Executive Director determined that the applicant was not a proper person to be issued the license.
Md. Code, Corporations and Associations § 3-301 — MD Code / Article gca / Title 3 / Subtitle 3 / Section 3-301
§3–301.
Status: in_force

(a) If the final order of a court makes a plan of reorganization binding on the stockholders of a corporation, the board of directors, trustee, or receiver, as the case may be, may take any action necessary to carry out the plan without any other corporate approval.

(b) If a charter document is required to be filed with the Department to carry out a transaction under subsection (a) of this section, it shall state:

(1) That the transaction was carried out under a plan of reorganization pursuant to a final order of a court having jurisdiction;

(2) The name of the court and the caption and docket number of the proceedings; and

(3) That the transaction was approved by the board of directors, trustee, or receiver, as the case may be.

(c) If the action is taken by a trustee or receiver, he may sign and acknowledge the charter document for the corporation, and no other execution, acknowledgment, or affidavit on behalf of the corporation is required.
Md. Code, Business Occupations and Professions § 3-408 — MD Code / Article gbo / Title 3 / Subtitle 4 / Section 3-408
§3–408.
Status: in_force

(a) Unless a permit is renewed for a 2–year term as provided in this section, the permit expires on the first June 30 that comes:

(1) after the effective date of the permit; and

(2) in an even–numbered year.

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

(i) a renewal application form; and

(ii) a notice that states:

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

2. the amount of the permit 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 permit holder, at the last known address of the permit holder, 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 permit expires, the permit holder periodically may renew it for an additional 2–year term, if the holder:

(1) meets the qualifications for a permit under § 3–404 of this subtitle;

(2) otherwise is entitled to a permit;

(3) pays to the Board the permit fee set by the Board; and

(4) submits to the Board a renewal application on the form that the Board provides.

(d) The renewal application form shall require the same information required on the original application form under § 3–405(b) of this subtitle.

(e) The Board shall renew the permit of each permit holder who meets the requirements of this section.

(f) A corporation, limited liability company, or partnership has a grace period of 30 days after the permit of the corporation, limited liability company, or partnership expires in which to renew it retroactively, if the corporation, limited liability company, or partnership:

(1) otherwise is entitled to have the permit renewed; and

(2) pays to the Board the permit fee set by the Board.
Md. Code, Public Utilities § 3-113 — MD Code / Article gpu / Title 3 / Subtitle 1 / Section 3-113
§3–113.
Status: in_force

(a) A decision and order of the Commission in a contested proceeding shall:

(1) be based on consideration of the record;

(2) be in writing;

(3) state the grounds for the conclusions of the Commission; and

(4) in the case of a complaint proceeding between two public service companies, be issued within 180 days after the close of the record.

(b) An order of the Commission shall take effect within a reasonable time that the Commission prescribes, and shall continue in force according to the terms of the order unless vacated, suspended, modified, or superseded by further order of the Commission or by a court of competent jurisdiction.

(c) (1) A person served with an order of the Commission shall promptly notify the Commission in writing of receipt of service.

(2) For notification by a corporation under paragraph (1) of this subsection, a person authorized to accept service for the corporation shall sign the notice.

(3) The Commission may require in an order that notice be provided to the Commission:

(i) within the time specified in the order;

(ii) in the same manner as notice provided in paragraph (1) of this subsection; and

(iii) describing if, and to what extent, the order is accepted and will be obeyed.

(d) (1) An order of a panel constituted under § 3–104(a) of this subtitle is final.

(2) (i) A proposed order of a commissioner or public utility law judge under § 3–104(d) of this subtitle becomes final unless a party to the proceeding notes an appeal with the Commission within the time period for appeal designated in the proposed order.

(ii) The time period for appeal designated in the proposed order is 30 days unless the order specifies a shorter period of at least 7 days.

(3) On appeal, the Commission promptly shall:

(i) consider the matter on the record before the commissioner or public utility law judge;

(ii) conduct any further proceedings that it considers necessary including requiring the filing of briefs and the holding of oral argument; and

(iii) issue a final order.

(e) Notwithstanding the Administrative Procedure Act, unless a provision of this article specifically requires the Commission to act through regulation, the Commission may implement any provision of this article by either order or regulation as the Commission deems necessary and proper.
Md. Code, Health - General § 3-309 — MD Code / Article ghg / Title 3 / Subtitle 3 / Section 3-309
§3–309.
Status: in_force

Whenever necessary, the Secretary may:

(1) Call a public conference of health officers; or

(2) Send a delegate to any conference of health officers.
Md. Code, Courts and Judicial Proceedings § 3-1201 — MD Code / Article gcj / Title 3 / Subtitle 12 / Section 3-1201
§3–1201.
Status: in_force

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

(b) (1) “Expense of an emergency response, containment, cleanup, and abatement” means the reasonable costs associated with the repair or replacement of personal protective equipment:

(i) Owned by:

1. A paid fire department; or

2. An authorized individual, whether paid or volunteer, who participates in an emergency response, containment, cleanup, and abatement by a paid fire department; and

(ii) Damaged through proper use during an emergency response, containment, cleanup, and abatement of a release of hazardous materials resulting from a traffic accident involving a motor vehicle operated by a motor carrier that is transporting hazardous materials or from a release or threatened release of hazardous materials at a fixed facility.

(2) “Expense of an emergency response” includes the reasonable costs of replacing the chemicals that are used or damaged during an emergency response, containment, cleanup, and abatement.

(c) (1) “Fixed facility” means any installation, structure, or premises, above ground or underground, in which hazardous materials are stored with a capacity to store more than 1,000 pounds of hazardous materials.

(2) “Fixed facility” does not include a farm or any building or structure associated with a farm.

(d) (1) “Hazardous materials” means a substance or material in a quantity or form that the United States Secretary of Transportation designates may pose an unreasonable risk to health and safety of individuals or to property when transported in commerce.

(2) “Hazardous materials” includes any grouping or classification of materials, that the United States Secretary of Transportation designates as a hazardous material, including:

(i) Explosives;

(ii) Radioactive materials;

(iii) Etiologic agents;

(iv) Flammable liquids or solids;

(v) Combustible liquids or solids;

(vi) Poisons;

(vii) Oxidizing or corrosive materials; and

(viii) Compressed gases.

(e) “Highway” has the same meaning as provided in § 11-127 of the Transportation Article.

(f) “Motor carrier” means a common carrier by motor vehicle, contract carrier by motor vehicle, and private carrier by motor vehicle that carries a hazardous material in commerce.

(g) “Paid fire department” includes a paid fire department, a paid rescue squad, a paid emergency medical service, a paid hazardous material response team, paid law enforcement, and a local department of public works designated by a local jurisdiction as a responder to a release or threatened release of hazardous materials, or as an assistant to a responder.

(h) “Person in control”, with respect to a release or threatened release of hazardous materials at a fixed facility, means:

(1) The owner of the hazardous materials; and

(2) The owner or operator of the fixed facility involved in the release or threatened release of hazardous materials at the time of or immediately before the release or threatened release.
Md. Code, Insurance § 3-315 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-315
§3–315.
Status: in_force

A qualified surplus lines broker may:

(1) accept and place surplus lines insurance business from an insurance producer with a license in the State for the kind of insurance involved; and

(2) compensate the insurance producer for the surplus lines insurance business.
Md. Code, Labor and Employment § 3-303 — MD Code / Article gle / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

In addition to any powers set forth elsewhere, the Commissioner may:

(1) use informal methods of conference, conciliation, and persuasion to eliminate pay practices that are unlawful under this subtitle; and

(2) supervise the payment of a wage owing to an employee under this subtitle.
Md. Code, Real Property § 3-115 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-115
§3–115.
Status: in_force

(a) A program participant who acquires an ownership interest in real property while participating in an address confidentiality program may request the shielding of real property records concerning the property in accordance with this section.

(b) (1) To request the shielding of real property records, a program participant, or any agent of a program participant, shall submit to the clerk of the circuit court and the appropriate county finance office:

(i) A Real Property ACP Notice;

(ii) The deed or other instrument to be recorded; and

(iii) The intake sheet required under § 3–104 of this subtitle.

(2) The Real Property ACP Notice shall be on the form that the Secretary provides and shall include:

(i) The full legal name of the program participant, including middle name;

(ii) The program participant’s ACP number;

(iii) The substitute address designated by the Secretary as the program participant’s address;

(iv) A description of the property identical to the description given on the intake sheet required under § 3–104 of this subtitle; and

(v) The signature of the program participant.

(3) The program participant shall submit to the Secretary a copy of any Real Property ACP Notice submitted under paragraph (1) of this subsection.

(c) A Real Property ACP Notice applies to:

(1) The instrument submitted for recordation at the same time as the Real Property ACP Notice; and

(2) Any other instrument concerning the property identified in the Real Property ACP Notice that is subsequently presented for recordation during the period of time that the program participant holds a record interest in the property and is a program participant.

(d) A program participant shall use a separate Real Property ACP Notice for each property in which the program participant acquires an ownership interest.

(e) The clerk of the circuit court shall provide a copy of any Real Property ACP Notice received under this section to the State Department of Assessments and Taxation and the State Archives.

(f) A Real Property ACP Notice is not a public record within the meaning of § 4–101 of the General Provisions Article.

(g) If a program participant intends to request the shielding of real property records under this section, the program participant may not submit any instrument for recordation electronically.
Md. Code, Criminal Law § 3-303 — MD Code / Article gcr / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

(a) A person may not:

(1) (i) engage in vaginal intercourse with another by force, or the threat of force, without the consent of the other; or

(ii) engage in a sexual act with another by force, or the threat of force, without the consent of the other; and

(2) (i) employ or display a dangerous weapon, or a physical object that the victim reasonably believes is a dangerous weapon;

(ii) suffocate, strangle, disfigure, or inflict serious physical injury on the victim or another in the course of committing the crime;

(iii) threaten, or place the victim in fear, that the victim, or an individual known to the victim, imminently will be subject to death, suffocation, strangulation, disfigurement, serious physical injury, or kidnapping;

(iv) commit the crime while aided and abetted by another; or

(v) commit the crime in connection with a burglary in the first, second, or third degree.

(b) A person may not violate subsection (a) of this section while also violating § 3–503(a)(2) of this title involving a victim who is a child under the age of 16 years.

(c) A person 18 years of age or older may not violate subsection (a) of this section involving a victim who is a child under the age of 13 years.

(d) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, a person who violates subsection (a) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life.

(2) A person who violates subsection (b) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole.

(3) A person who violates subsection (a) or (b) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment not exceeding life without the possibility of parole if the defendant was previously convicted of violating this section, or § 3–305 of this subtitle as it existed before October 1, 2017.

(4) (i) Subject to subparagraph (iv) of this paragraph, a person 18 years of age or older who violates subsection (c) of this section is guilty of the felony of rape in the first degree and on conviction is subject to imprisonment for not less than 25 years and not exceeding life without the possibility of parole.

(ii) A court may not suspend any part of the mandatory minimum sentence of 25 years.

(iii) The person is not eligible for parole during the mandatory minimum sentence.

(iv) If the State fails to comply with subsection (e) of this section, the mandatory minimum sentence shall not apply.

(e) If the State intends to seek a sentence of imprisonment for life without the possibility of parole under subsection (d)(2), (3), or (4) of this section, or imprisonment for not less than 25 years under subsection (d)(4) of this section, the State shall notify the person in writing of the State’s intention at least 30 days before trial.
Md. Code, Courts and Judicial Proceedings § 3-1806 — MD Code / Article gcj / Title 3 / Subtitle 18 / Section 3-1806
§3–1806.
Status: in_force

This subtitle may be cited as the Maryland Mediation Confidentiality Act.
Md. Code, Agriculture § 3-104 — MD Code / Article gag / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: in_force

(a) Every local health authority of every county shall investigate each reported case of contagious or infectious disease of livestock or poultry in the county. If the authority finds a contagious or infectious disease, it shall report to the Secretary.

(b) Any person practicing veterinary medicine in the State shall report immediately to the Secretary any contagious or infectious disease among livestock or poultry of which he has knowledge. The report shall be in writing, and include a description of each animal affected, the name and exact address of the owner or person in charge of the animal, if known, the exact location of the animal, and the number of susceptible domestic animals that have been exposed to the disease. The report shall be made within 48 hours after the person knows of the disease.
Md. Code, Education § 3-1402 — MD Code / Article ged / Title 3 / Subtitle 14 / Section 3-1402
§3–1402.
Status: in_force

(a) The State Board may remove a member of the county board for any of the following reasons:

(1) Immorality;

(2) Misconduct in office;

(3) Incompetency;

(4) Willful neglect of duty; or

(5) Failure to attend, without good cause:

(i) At least 75% of the scheduled meetings of the board in any 1 calendar year; or

(ii) Three consecutive scheduled meetings of the board.

(b) Before removing a member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity within 10 days to request a hearing.

(c) If the member requests a hearing within the 10–day period:

(1) The State Board shall promptly hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and

(2) The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense, in person, or by counsel.

(d) A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Worcester County.
Md. Code, Criminal Law § 3-803 — MD Code / Article gcr / Title 3 / Subtitle 8 / Section 3-803
§3–803.
Status: in_force

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

(2) “Residence” includes the yard, grounds, outbuildings, and common areas surrounding a residence.

(3) “Visual surveillance” has the meaning stated in § 3–901 of this title.

(b) A person may not follow another in or about a public place, conduct visual surveillance of an area of another’s residence where the other has a reasonable expectation of privacy, or maliciously engage in a course of conduct that alarms or seriously annoys the other:

(1) with the intent to harass, alarm, or annoy the other;

(2) after receiving a reasonable warning or request to stop by or on behalf of the other; and

(3) without a legal purpose.

(c) (1) This section does not apply to a peaceable activity intended to express a political view or provide information to others.

(2) This section may not be construed in a manner that infringes on any right guaranteed under the United States Constitution or the Maryland Declaration of Rights.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first offense, imprisonment not exceeding 90 days or a fine not exceeding $500 or both; and

(2) for a second or subsequent offense, imprisonment not exceeding 180 days or a fine not exceeding $1,000 or both.
Md. Code, Agriculture § 3-805 — MD Code / Article gag / Title 3 / Subtitle 8 / Section 3-805
§3–805.
Status: in_force

The Secretary may refuse to issue a license or registration, or may suspend or revoke a license or registration, on any of the following grounds:

(1) Fraudulent or deceptive statement on an application for a license or certificate; or

(2) A violation of Subtitle 1 of this title or any regulations adopted by the Secretary under this subtitle.
Md. Code, Election Law § 3-204.2 — MD Code / Article gel / Title 3 / Subtitle 2 / Section 3-204.2
§3–204.
Status: in_force

§3–204.2.

(a) The State Board and the Department of Natural Resources shall jointly develop and implement procedures for individuals who apply for the issuance or renewal of a license, permit, or certificate online to be offered the opportunity to register to vote through a link to the online voter registration system.

(b) The State Board and the Maryland Department of Labor shall jointly develop and implement procedures for individuals who use the Maryland Workforce Exchange website to be offered the opportunity to register to vote through a link to the online voter registration system.

(c) The State Board and the Department of Veterans and Military Families shall jointly develop and implement procedures for individuals who use the Department of Veterans and Military Families website or who are contacted by the Department’s outreach and advocacy program to be offered the opportunity to register to vote through a link to the online voter registration system.

(d) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Applicable transaction” means an online application for a State or federally funded public assistance program or an online application for a recertification, renewal, or change of name or address relating to a State or federally funded public assistance program.

(iii) “Department” means the Department of Human Services.

(iv) “Electronic portal” means the Department’s online system, known as MyDHR, through which an individual may complete an applicable transaction.

(2) Pending the implementation of an automatic voter registration system under § 3–203 of this subtitle, the State Board and the Department shall jointly develop and implement procedures for individuals who use the Department’s electronic portal to complete an applicable transaction to be offered the opportunity to register to vote through a link to the online voter registration system.

(e) The State Board and the State Comptroller shall jointly develop and implement procedures for individuals who file a Maryland resident individual income tax return electronically to be offered the opportunity to register to vote through a link to the online voter registration system.

(f) (1) (i) In this subsection the following words have the meanings indicated.

(ii) “Association” means the Maryland Independent College and University Association.

(iii) “Commission” means the Maryland Higher Education Commission.

(2) (i) Each public institution of higher education and each private nonprofit institution of higher education that receives operating or capital funding from the State shall provide a link to the online voter registration system on the home page of the online portal used by students to register for course work.

(ii) The link to the online voter registration system shall be prominently placed on the home page in a location where it may be easily viewed by students registering for course work.

(iii) If there are fewer than 15 clicks on the link in any calendar year, the institution of higher education shall relocate the link to a different, more conspicuous location for the immediately following calendar year and take any other appropriate steps to encourage students to use the link.

(3) (i) On or before January 1 each year, each public institution of higher education shall submit a report to the Commission that includes:

1. the number of individuals who clicked on the link required under paragraph (2) of this subsection in the immediately preceding calendar year;

2. if there were fewer than 15 clicks on the link required under paragraph (2) of this subsection in the immediately preceding calendar year a description of any appropriate steps the institution is taking to encourage students to use the link; and

3. any efforts the public institution of higher education plans to make to improve access to voter registration for students at the institution.

(ii) On or before January 15 each year, the Commission shall compile and summarize the information reported by public institutions of higher education under subparagraph (i) of this paragraph in a single report and submit the report to the Senate Education, Health, and Environmental Affairs Committee and the House Committee on Ways and Means in accordance with § 2–1257 of the State Government Article.

(4) (i) On or before January 1 each year, each private nonprofit institution of higher education that receives operating or capital funding from the State and is a member of the Association shall submit a report to the Association that includes:

1. the number of individuals who clicked on the link required under paragraph (2) of this subsection in the immediately preceding calendar year;

2. if there were fewer than 15 clicks on the link required under paragraph (2) of this subsection in the immediately preceding calendar year, a description of any appropriate steps the institution is taking to encourage students to use the link; and

3. any efforts the private nonprofit institution of higher education plans to make to improve access to voter registration for students at the institution.

(ii) On or before January 15 each year, the Association shall compile and summarize the information reported by its members under subparagraph (i) of this paragraph in a single report and submit the report to the Senate Education, Health, and Environmental Affairs Committee and the House Committee on Ways and Means in accordance with § 2–1257 of the State Government Article.
Md. Code, Courts and Judicial Proceedings § 3-502 — MD Code / Article gcj / Title 3 / Subtitle 5 / Section 3-502
§3–502.
Status: in_force

(a) A single or married woman whose character or reputation for chastity is defamed by any person may maintain an action against that person.

(b) The husband may maintain an action of slander against any person for words spoken falsely and maliciously about his wife for her character or reputation for chastity before or during the marriage.
Md. Code, Labor and Employment § 3-418 — MD Code / Article gle / Title 3 / Subtitle 4 / Section 3-418
§3–418.
Status: in_force

(a) In this section, “board, lodging, or other advantage” means a facility or service that an employer customarily provides to an employee.

(b) Unless a collective bargaining agreement excludes board, lodging, or other advantage from the wage of an employee, an employer may include, as part of the wage, the cost that the employer incurs in providing the advantage to the employee.

(c) An employer shall compute the cost of board, lodging, or other advantage in accordance with the regulations that the Commissioner adopts.

(d) The Commissioner may provide, by regulation, for computation of the cost of board, lodging, or other advantage on the basis of:

(1) the actual cost; or

(2) the reasonable cost of the board, lodging, or other advantage for a defined class of employees and in a defined area, based on:

(i) the average cost to the employer or groups of employers who are situated similarly;

(ii) the average value to groups of employees; or

(iii) any other appropriate measure of fair value.
Md. Code, Agriculture § 3-1006 — MD Code / Article gag / Title 3 / Subtitle 10 / Section 3-1006
§3–1006.
Status: in_force

The Department may adopt regulations to carry out this subtitle.
Md. Code, Agriculture § 3-504 — MD Code / Article gag / Title 3 / Subtitle 5 / Section 3-504
§3–504.
Status: in_force

This subtitle does not apply to farmers or dairymen driving their herds to and from pasture, different farms, or parts of farms owned or occupied by them.
Md. Code, Correctional Services § 3-406 — MD Code / Article gcs / Title 3 / Subtitle 4 / Section 3-406
§3–406.
Status: in_force

While in the program, an incarcerated individual must remain in the incarcerated individual’s approved dwelling except:

(1) with the approval of the program administrator, to go directly to and from:

(i) the incarcerated individual’s approved place of employment;

(ii) medical or mental health treatment; or

(iii) offices of the Department;

(2) as required by legitimate medical or other emergencies; or

(3) as otherwise allowed or directed by the program administrator.
Md. Code, Labor and Employment § 3-507.3 — MD Code / Article gle / Title 3 / Subtitle 5 / Section 3-507.3
§3–507.
Status: in_force

§3–507.3.

(a) If the Commissioner determines that an employer has violated § 3–504(a)(2) of this subtitle, the Commissioner may issue an order that:

(1) describes the violation;

(2) directs the employer to provide the required information; and

(3) subject to subsection (b) of this section, imposes an administrative penalty of up to $500 for each employee who was not provided a pay stub or online pay statement in accordance with § 3–504(a)(2) of this subtitle.

(b) The Commissioner shall send an order issued under subsection (a) of this section to the employer at the employer’s last known business address by regular mail and certified mail.

(c) The amount of a penalty imposed under this subsection shall be based on:

(1) the gravity of the violation;

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

(3) the employer’s good faith; and

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

(d) The actions taken under this subsection are subject to the notice and hearing requirements of Title 10, Subtitle 2 of the State Government Article.

(e) (1) Within 15 days after receiving an order issued under subsection (a) of this section, an employer may request an administrative hearing.

(2) If the employer does not request a hearing as provided under paragraph (1) of this subsection, the order of the Commissioner, including any administrative penalties, is final.

(f) (1) Within 30 days after the Commissioner issues an order, an employer shall comply with the order.

(2) If an employer does not comply with an order in the time period stated in paragraph (1) of this subsection, the Commissioner may bring an action to enforce the order:

(i) in the county where the employer is located; or

(ii) if the address of the employer cannot be determined, in the county where the employee or Commissioner is located.
Md. Code, Business Regulation § 3-504 — MD Code / Article gbr / Title 3 / Subtitle 5 / Section 3-504
§3–504.
Status: in_force

(a) The Commissioner shall impose a civil penalty for a violation of this title only:

(1) in accordance with this section; and

(2) after issuing a citation under § 3-406 of this title for the violation.

(b) The Commissioner may impose a civil penalty, not exceeding $500 for each violation, against an amusement owner who:

(1) violates this title or an order passed or regulation adopted under this title, if the Commissioner finds that the violation is not serious; or

(2) violates a requirement for posting imposed under this title.

(c) The Commissioner may impose a civil penalty, not exceeding $500 for each day a violation continues, against an amusement owner who fails to correct the violation in the time set for its correction.

(d) The Commissioner may impose a civil penalty, not exceeding $1,000 for each violation, against an amusement owner who violates this title or an order passed or regulation adopted under this title if a substantial probability of death or serious physical injury exists because of the violation, unless the amusement owner did not know and with reasonable diligence could not have known of the violation.

(e) The Commissioner may impose a civil penalty, not exceeding $2,000 for each violation, against a person who:

(1) operates an amusement attraction without a certificate of inspection from the Commissioner; or

(2) willfully or repeatedly violates this title or an order passed or regulation adopted under this title.

(f) Before the Commissioner imposes a civil penalty, the Commissioner shall consider the appropriateness of the penalty in relation to:

(1) the size of the business of the amusement owner against whom the penalty is to be imposed;

(2) the gravity of the violation for which the penalty is to be imposed;

(3) the good faith of the amusement owner; and

(4) any previous violations by the amusement owner.

(g) Each civil penalty shall be paid into the General Fund of the State.
Md. Code, Criminal Law § 3-205 — MD Code / Article gcr / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

(a) An incarcerated individual may not maliciously cause or attempt to cause an employee of a State correctional facility, a local correctional facility, or a sheriff’s office, regardless of employment capacity, to come into contact with:

(1) seminal fluid, urine, or feces; or

(2) blood, if the contact with the blood is not the result of physical injury resulting from physical body contact between the incarcerated individual and the employee.

(b) An incarcerated individual who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both.

(c) A sentence imposed under this section shall be consecutive to any sentence that the incarcerated individual was serving at the time of the crime or that had been imposed but was not yet being served at the time of sentencing.

(d) A sentence imposed under this section may not be suspended.
Md. Code, Business Occupations and Professions § 3-207 — MD Code / Article gbo / Title 3 / Subtitle 2 / Section 3-207
§3–207.
Status: in_force

(a) On request of any person and payment of a fee of $10, the Board shall certify the licensing or permit status and qualifications of any person who is the subject of the request.

(b) Each certification under this section:

(1) shall include a statement of the licensing or permit status of the person who is the subject of the request; and

(2) may include:

(i) information about the examination results and other qualifications of that person;

(ii) information about the dates of issuance and renewal of the license or permit of that person;

(iii) information about any disciplinary action taken against that person; and

(iv) if authorized by that person, information about any complaint against that person.
Md. Code, Alcoholic Beverages and Cannabis § 3-403 — MD Code / Article gab / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

An application to renew a license shall be filed between March 2 and April 1, inclusive.
Md. Code, Housing and Community Development § 3-101 — MD Code / Article ghs / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

In this subtitle, “Division” means the Division of Credit Assurance.
Md. Code, Labor and Employment § 3-509 — MD Code / Article gle / Title 3 / Subtitle 5 / Section 3-509
§3–509.
Status: in_force

This subtitle may be cited as the Maryland Wage Payment and Collection Law.
Md. Code, Labor and Employment § 3-1204 — MD Code / Article gle / Title 3 / Subtitle 12 / Section 3-1204
§3–1204.
Status: in_force

(a) An eligible employee who returns to work after taking parental leave is entitled to be restored by an employer:

(1) to the position of employment held by the employee when the parental leave began; or

(2) to an equivalent position with equivalent employment benefits, pay, and other terms and conditions of employment.

(b) An employer may:

(1) deny restoration of the eligible employee’s position of employment under subsection (a) of this section if:

(i) the denial is necessary to prevent substantial and grievous economic injury to the operations of the employer;

(ii) the employer notifies the employee of the intent of the employer to deny restoration of the employee’s position of employment at the time the employer determines that economic injury would occur; and

(iii) in a case of parental leave that has already begun, the employee elects not to return to employment after receiving notice of the employer’s intention to deny restoration of the employee’s position of employment; and

(2) during the parental leave period, terminate employment of an eligible employee only for cause.
Md. Code, Agriculture § 3-101 — MD Code / Article gag / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

(a) The Secretary shall protect the health of the domestic animals of the State from all contagious or infectious diseases. For this purpose, the Secretary may:

(1) Adopt and enforce quarantine, sanitary, or other rules and regulations he deems necessary;

(2) Make and prosecute diligent inquiries in the several counties to ascertain the exact condition of the health of the livestock; and

(3) Notwithstanding § 3–102 of this subtitle, prohibit the importation from another state of any animal he has reason to believe is infected with or has been exposed to a contagious or infectious disease and detain the animal at any place for inspection or quarantine.

(b) The Secretary may establish, maintain, and enforce a quarantine order if he determines it is urgent and necessary for the prompt performance of the provisions provided in this section.

(c) The Secretary may adopt rules and regulations governing the importation of domestic animals into the State from another state.

(d) (1) Except as provided in paragraph (2) of this subsection, the Secretary shall maintain all animal health diagnostic or analytical reports and reports filed under an animal health program established by the Secretary in a manner that protects the identity of the animal owner.

(2) (i) If the Secretary determines that the disclosure is necessary to protect the public health or prevent the spread of an infectious or contagious disease, the Secretary may disclose identifying information.

(ii) In determining whether disclosure is necessary to protect the public health or prevent the spread of an infectious or contagious disease, the Secretary shall consult with the Secretary of Health.
Md. Code, Real Property § 3-707 — MD Code / Article grp / Title 3 / Subtitle 7 / Section 3-707
§3–707.
Status: in_force

This subtitle may be cited as the Maryland Uniform Real Property Electronic Recording Act.
Md. Code, Land Use § 3-108 — MD Code / Article glu / Title 3 / Subtitle 1 / Section 3-108
§3–108.
Status: in_force

(a) On a schedule that extends as far into the future as is reasonable, a community facilities element shall propose the most appropriate and desirable patterns for the general location, character, and extent of public and semipublic buildings, land, and facilities.

(b) A community facilities element may include:

(1) places of worship;

(2) fire stations;

(3) hospitals;

(4) institutions;

(5) jails;

(6) libraries;

(7) parks and recreation areas;

(8) police stations;

(9) schools and other educational facilities;

(10) cultural facilities;

(11) social welfare and medical facilities; and

(12) other public office or administrative facilities.
Md. Code, Courts and Judicial Proceedings § 3-2A-03 — MD Code / Article gcj / Title 3 / Subtitle 2A / Section 3-2A-03
§3–2A–03.
Status: in_force

(a) The Health Care Alternative Dispute Resolution Office is created as a unit in the Executive Department. It is headed by a Director appointed by the Governor with the advice and consent of the Senate.

(b) (1) The Director shall receive the salary and may employ the staff provided in the State budget. He shall have the powers and perform the duties set forth in this subtitle.

(2) The Director shall have subpoena power in any claim for which a panel chairman has not been appointed and in any claim for which a chairman is not performing his duties in a timely fashion.

(3) The Director may adopt reasonable rules and regulations to govern procedures under this subtitle.

(4) (i) After giving a panel member at least 15 days’ notice of his intention and the reason for his proposed action, the Director may remove the panel member for good cause shown.

(ii) On receipt of a notice of the intention to remove him, the panel member may submit a written statement of why he should not be removed. The Director shall consider any such statement that is submitted prior to the date for which notice of the intended action was given.

(iii) In any event, a removal is not effective unless and until the Director submits to the panel member and the chairman a written confirmation of the removal.

(c) (1) Except as otherwise provided in this subsection, the Director shall prepare a list of qualified persons willing to serve as arbitrators of health care malpractice claims.

(2) (i) The list shall be divided into three categories, one containing the names of attorneys, one containing the names of individuals who are health care providers, and one containing the names of individuals from the general public who are neither attorneys, health care providers, or agents or employees of an insurance company or society.

(ii) The list of health care providers shall, if practicable, include at least one health care provider from each recognized specialty, as requested by any party.

(iii) The individuals from the general public shall be selected at random from existing or current jury lists, which a jury commissioner may make available to the Director when requested by the Director, only as allowed by rule that the Supreme Court of Maryland adopts.

(3) An attorney is qualified to serve:

(i) If the attorney has been in the practice of law in the State for 3 years; or

(ii) If before January 1, 1986, the attorney’s name appeared on the list of qualified persons willing to serve as arbitrators of health care malpractice claims.

(4) (i) The list of health care providers shall include the names of all physicians licensed to practice medicine in the State, and who are residents of the State.

(ii) Every physician who is licensed to practice medicine in the State, and who is a resident of the State, shall be available to serve as an arbitrator of health care malpractice claims.

(d) The Director shall by regulation determine the fees that may be charged by arbitrators for services rendered by them in proceedings conducted pursuant to this subtitle.
Md. Code, Courts and Judicial Proceedings § 3-8C-06 — MD Code / Article gcj / Title 3 / Subtitle 8C / Section 3-8C-06
§3–8C–06.
Status: in_force

(a) Unless a petition filed under this subtitle is dismissed, the court shall hold a separate disposition hearing after the adjudicatory hearing.

(b) The court shall hold a disposition hearing on the same day as the adjudicatory hearing unless, on its own motion or motion of a party, the court finds good cause to delay the disposition hearing to a later day.

(c) If the court delays a disposition hearing, it shall be held no later than 15 days after the conclusion of the adjudicatory hearing unless good cause is shown.

(d) In making a disposition on a petition filed under this subtitle, the court may order the child to:

(1) Attend school;

(2) Perform community service;

(3) Attend counseling, including family counseling;

(4) Attend substance abuse evaluation and treatment;

(5) Attend mental health evaluation and treatment; or

(6) Keep a curfew with the hours set by the court.

(e) Cases under this subtitle are eligible for family support services as provided in the Maryland Rules.
Md. Code, Criminal Law § 3-801 — MD Code / Article gcr / Title 3 / Subtitle 8 / Section 3-801
§3–801.
Status: in_force

In this subtitle, “course of conduct” means a persistent pattern of conduct, composed of a series of acts over time, that shows a continuity of purpose.
Md. Code, Education § 3-101 — MD Code / Article ged / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

This title applies to all county boards including Baltimore City.
Md. Code, Health Occupations § 3-310 — MD Code / Article gho / Title 3 / Subtitle 3 / Section 3-310
§3–310.
Status: in_force

(a) If a chiropractor fails for any reason to renew the license of the chiropractor, the Board shall reinstate the license if the chiropractor:

(1) Applies to the Board for reinstatement of the license within 5 years after the license expires;

(2) Meets the renewal requirements of § 3-308 of this subtitle;

(3) Pays to the Board the reinstatement fee set by the Board; and

(4) Passes the law and regulations portion of the Board’s examination.

(b) The Board may not reinstate the license of a chiropractor who fails to apply for reinstatement of the license within 5 years after the license expires. However, the chiropractor may become licensed by meeting the current requirements for obtaining a new license under this title.
Md. Code, Transportation § 3-505 — MD Code / Article gtr / Title 3 / Subtitle 5 / Section 3-505
§3–505.
Status: in_force

Notwithstanding any other provision of law or any recitals in the instruments, bonds issued under this subtitle are investment securities under the laws of this State.
Md. Code, Corporations and Associations § 3-407 — MD Code / Article gca / Title 3 / Subtitle 4 / Section 3-407
§3–407.
Status: in_force

(a) The corporation shall file articles of dissolution for record with the Department:

(1) If there are any known creditors of the corporation, after the 19th day following the mailing of notice to them; or

(2) If there are no known creditors, at any time.

(b) On written request of the corporation, the Department shall furnish without charge a list of all collectors of taxes of counties and municipalities to which the Department has certified an assessment of personal property taxable to the corporation within the preceding four years.
Md. Code, Commercial Law § 3-204 — MD Code / Article gcl / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

(a) “Indorsement” means a signature, other than that of a signer as maker, drawer, or acceptor, that alone or accompanied by other words is made on an instrument for the purpose of (i) negotiating the instrument, (ii) restricting payment of the instrument, or (iii) incurring indorser's liability on the instrument, but regardless of the intent of the signer, a signature and its accompanying words is an indorsement unless the accompanying words, terms of the instrument, place of the signature, or other circumstances unambiguously indicate that the signature was made for a purpose other than indorsement. For the purpose of determining whether a signature is made on an instrument, a paper affixed to the instrument is a part of the instrument.

(b) “Indorser” means a person who makes an indorsement.

(c) For the purpose of determining whether the transferee of an instrument is a holder, an indorsement that transfers a security interest in the instrument is effective as an unqualified indorsement of the instrument.

(d) If an instrument is payable to a holder under a name that is not the name of the holder, indorsement may be made by the holder in the name stated in the instrument or in the holder's name or both, but signature in both names may be required by a person paying or taking the instrument for value or collection.
Md. Code, Corporations and Associations § 3-902 — MD Code / Article gca / Title 3 / Subtitle 9 / Section 3-902
§3–902.
Status: in_force

(a) A conversion of a Maryland corporation to an other entity shall be approved in the manner provided by this section and in accordance with any additional requirements set forth in the Maryland corporation’s charter.

(b) A conversion of a Maryland corporation need be approved only by a majority of its board of directors if there is no stock outstanding or subscribed for.

(c) The board of directors of a Maryland corporation that proposes to convert to an other entity shall:

(1) Adopt a resolution declaring that the proposed conversion is advisable on substantially the terms and conditions set forth or referred to in the resolution; and

(2) Direct that the proposed conversion be submitted for consideration at an annual or a special meeting of the stockholders.

(d) Notice stating that a purpose of the meeting will be to act on the proposed conversion shall be given by the corporation in the manner required by Title 2 of this article to:

(1) Each of its stockholders entitled to vote on the proposed transaction; and

(2) Each of its stockholders not entitled to vote on the proposed transaction.

(e) The proposed conversion shall be approved by the stockholders of the Maryland corporation by the affirmative vote of two–thirds of all the votes entitled to be cast on the matter.

(f) A conversion of an other entity to a Maryland corporation shall be approved in the manner and by the vote required by its governing document and the laws of the place in which it is incorporated or organized.
Md. Code, Health - General § 3-201 — MD Code / Article ghg / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

(a) Except as provided in subsection (b) of this section, the governing body of a county is ex officio the board of health for the county.

(b) In a code county or charter county, the governing body is ex officio the board of health for the county, unless the governing body establishes a board of health.
Md. Code, Corporations and Associations § 3-209 — MD Code / Article gca / Title 3 / Subtitle 2 / Section 3-209
§3–209.
Status: reserved

(a) At any time after a petition for appraisal is filed, the court may require the objecting stockholders parties to the proceeding to submit their stock certificates to the clerk of the court for notation on them that the appraisal proceeding is pending. If a stockholder fails to comply with the order, the court may dismiss the proceeding as to him or grant other appropriate relief.

(b) If any stock represented by a certificate which bears a notation is subsequently transferred, the new certificate issued for the stock shall bear a similar notation and the name of the original objecting stockholder. The transferee of this stock does not acquire rights of any character with respect to the stock other than the rights of the original objecting stockholder.
Md. Code, Financial Institutions § 3-802 — MD Code / Article gfi / Title 3 / Subtitle 8 / Section 3-802
§3–802.
Status: in_force

(a) Any commercial bank may convert into a national banking association as provided by federal law.

(b) When a commercial bank applies to the Comptroller of the Currency for conversion into a national banking association, it shall file with the Commissioner a written notice of its intent to convert.

(c) When the Comptroller of the Currency issues a certificate of authority to do business as a national banking association, the charter of the commercial bank terminates and the new national banking association shall:

(1) Take all property of the commercial bank, subject to all of its liabilities that exist at the time of conversion;

(2) Notify the Commissioner of the conversion and the taking of property; and

(3) File with the Commissioner a copy of the certificate of authority issued by the Comptroller of the Currency.

(d) The Commissioner shall file a copy of the certificate of authority with the State Department of Assessments and Taxation.
Md. Code, Natural Resources § 3-125 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-125
§3–125.
Status: in_force

(a) Any lien created in favor of the Service or a municipality pursuant to this subtitle is effective against the person on whose property the lien exists and the owner of record. However, the lien is not effective against any third party unless written notice of the lien is recorded and indexed in a permanent record maintained in the office of the clerk of the circuit court in each county in which the property subject to the lien or any part of it is located.

(b) The notice shall contain the name and address of the owner of record against whose property the lien exists, the name and address of the Service or municipality, the amount of the lien, a description or reference to the property subject to the lien, and the date the lien was created.

(c) On presentation of a release of any lien of the Service or municipality, the clerk of the proper court in which the lien is recorded and indexed shall record and index the release and shall note in the lien docket the date the release is filed and the fact that the lien is released.

(d) The clerk of the proper court shall provide a suitable well-bound book, at the expense of the county or city, to be called the environmental service lien docket, in which the notices of liens shall be recorded and indexed. The clerk may not collect more than $2 for recording and indexing each lien or release of any lien.
Md. Code, Courts and Judicial Proceedings § 3-8A-01 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-01
§3–8A–01.
Status: in_force

(a) In this subtitle the following words have the meanings indicated, unless the context of their use indicates otherwise.

(b) “Adjudicatory hearing” means a hearing under this subtitle to determine whether the allegations in the petition, other than allegations that the child requires treatment, guidance, or rehabilitation, are true.

(c) “Adult” means an individual who is at least 18 years old.

(d) “Child” means an individual under the age of 18 years.

(e) “Child in need of supervision” is a child who requires guidance, treatment, or rehabilitation and:

(1) Is required by law to attend school and is habitually truant;

(2) Is habitually disobedient, ungovernable, and beyond the control of the person having custody of him;

(3) Deports himself so as to injure or endanger himself or others; or

(4) Has committed an offense applicable only to children.

(f) “Citation” means the written form issued by a police officer which serves as the initial pleading against a child for a violation and which is adequate process to give the court jurisdiction over the person cited.

(g) “Commit” means to transfer legal custody.

(h) (1) “Community detention” means a program monitored by the Department of Juvenile Services in which a delinquent child or a child alleged to be delinquent is placed in the home of a parent, guardian, custodian, or other fit person, or in shelter care, as a condition of probation or as an alternative to detention.

(2) “Community detention” includes electronic monitoring.

(i) “Competency hearing” means a hearing under this subtitle to determine whether a child alleged to be delinquent is mentally competent to participate in a waiver hearing under § 3–8A–06 of this subtitle, an adjudicatory hearing under § 3–8A–18 of this subtitle, a disposition hearing under § 3–8A–19 of this subtitle, or a violation of probation hearing.

(j) “Court” means the circuit court for a county sitting as the juvenile court.

(k) “Custodian” means a person or agency to whom legal custody of a child has been given by order of the court, other than the child’s parent or legal guardian.

(l) “Delinquent act” means an act which would be a crime if committed by an adult.

(m) “Delinquent child” is a child who has committed a delinquent act and requires guidance, treatment, or rehabilitation.

(n) “Detention” means the temporary care of children who, pending court disposition, require secure custody for the protection of themselves or the community, in physically restricting facilities.

(o) “Developmental disability” means a severe chronic disability of a child that:

(1) Is attributable to a physical or mental impairment, other than the sole diagnosis of mental illness, or to a combination of mental and physical impairments;

(2) Is likely to continue indefinitely;

(3) Results in an inability to live independently without external support or continuing and regular assistance; and

(4) Reflects the need for a combination and sequence of special interdisciplinary or generic care, treatment, or other services that are individually planned and coordinated for the child.

(p) “Disposition hearing” means a hearing under this subtitle to determine:

(1) Whether a child needs or requires guidance, treatment, or rehabilitation; and, if so

(2) The nature of the guidance, treatment, or rehabilitation.

(q) “Incompetent to proceed” means that a child is not able to:

(1) Understand the nature or object of the proceeding; or

(2) Assist in the child’s defense.

(r) “Intake officer” means the person assigned to the court by the Department of Juvenile Services to provide the intake services set forth in this subtitle.

(s) “Intellectual disability” means a developmental disability that is evidenced by intellectual functioning that is significantly below average and impairment in the adaptive behavior of a child.

(t) (1) “Mental disorder” means a behavioral or emotional illness that results from a psychiatric or neurological disorder.

(2) “Mental disorder” includes a mental illness that so substantially impairs the mental or emotional functioning of a child as to make care or treatment necessary or advisable for the welfare of the child or for the safety of the child or property of another.

(3) “Mental disorder” does not include an intellectual disability.

(u) “Mentally handicapped child” means a child who has or may have an intellectual disability or a mental disorder.

(v) “Party” includes a child who is the subject of a petition or a peace order request, the child’s parent, guardian, or custodian, the petitioner and an adult who is charged under § 3–8A–30 of this subtitle.

(w) “Peace order proceeding” means a proceeding under § 3–8A–19.2 or § 3–8A–19.4 of this subtitle.

(x) “Peace order request” means the initial pleading filed with the court under § 3–8A–19.1 of this subtitle.

(y) “Petition” means the pleading filed with the court under § 3–8A–13 of this subtitle alleging that a child is a delinquent child or a child in need of supervision or that an adult violated § 3–8A–30 of this subtitle.

(z) “Qualified expert” means a licensed psychologist or licensed psychiatrist who:

(1) Has expertise in child development, with training in the forensic evaluation of children, as approved by the Secretary of Health;

(2) Is familiar with the competency standards contained in this subtitle; and

(3) Is familiar with the treatment, training, and restoration programs for children that are available in this State.

(aa) “Respondent” means the individual against whom a petition or a peace order request is filed.

(bb) (1) “Shelter care” means the temporary care of children in physically unrestricting facilities.

(2) “Shelter care” does not mean care in a State mental health facility.

(cc) (1) “Victim” means:

(i) A person who suffers direct or threatened physical, emotional, or financial harm as a result of a delinquent act; or

(ii) An individual against whom an act specified in § 3–8A–19.1(b) of this subtitle is committed or alleged to have been committed.

(2) “Victim” includes a family member of a minor, disabled, or a deceased victim.

(3) “Victim” includes, if the victim is not an individual, the victim’s agent or designee.

(dd) “Violation” means a violation for which a citation is issued under:

(1) § 5–601 of the Criminal Law Article involving the use or possession of cannabis;

(2) § 10–113, § 10–114, § 10–115, or § 10–116 of the Criminal Law Article;

(3) § 10–132 of the Criminal Law Article;

(4) § 10–136 of the Criminal Law Article; or

(5) § 26–103 of the Education Article.

(ee) “Witness” means any person who is or expects to be a State’s witness.
Md. Code, Natural Resources § 3-302 — MD Code / Article gnr / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

(a) (1) There is an Environmental Trust Fund.

(2) (i) For the purpose of this subtitle, there is established as an added cost of electricity distributed to retail electric customers within the State, an environmental surcharge per kilowatt hour of electric energy distributed in the State to be paid by any electric company as defined in § 1–101 of the Public Utilities Article.

(ii) The Public Service Commission shall impose the surcharge per kilowatt hour of electric energy distributed to retail electric customers within the State and shall authorize the electric companies to add the full amount of the surcharge to retail electric customers’ bills.

(iii) To the extent that the surcharge is not collected from retail electric customers, the surcharge shall be deemed a cost of distribution and shall be allowed and computed as such, together with other allowable expenses, for rate–making purposes.

(iv) Revenues from the surcharge shall be collected by the Comptroller and placed in the Fund.

(b) (1) (i) The Secretary, in consultation with the Director of the Maryland Energy Administration, annually shall coordinate the preparation of a budget required to carry out the provisions of this subtitle.

(ii) On approval of the budget by the General Assembly, the Public Service Commission shall establish the amount of the surcharge per kilowatt hour for the fiscal year beginning July 1, 1972, and for each subsequent fiscal year.

(2) Notwithstanding any other provisions of this subtitle, the amount of the surcharge for each account for each retail electric customer may not exceed the lesser of 0.15 mill per kilowatt hour or $1,000 per month and the surcharge may not continue beyond fiscal year 2030.

(3) (i) The Comptroller shall maintain the method of collection of the surcharge from the companies and the collections shall accrue to the Fund.

(ii) The Department shall credit against the amount required to be paid into the Environmental Trust Fund by each electric company an amount equal to 0.75% of the total surcharge attributed to each company on the basis of the electricity distributed within Maryland.

(c) (1) (i) The Secretary shall administer the Fund.

(ii) The Fund is subject to the provisions for financial management and budgeting established by the Department of Budget and Management.

(iii) Any investment earnings of the Fund shall be credited to the General Fund of the State.

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

(v) Except as provided in paragraph (2) of this subsection, the money in the Fund shall be used to carry out the provisions of this subtitle as provided for in the budget.

(vi) For the purposes of this subtitle, the Secretary, in consultation with the Director of the Maryland Energy Administration, may execute appropriate contracts with any State or federal agency, research organization, industry, or academic institution to conduct the necessary research, construct or acquire, or both, real property including physical predictive models, laboratories, buildings, land, and appurtenances, or support the technological development of extraordinary systems related to power plants designed to minimize environmental impact.

(vii) The Secretary may utilize available expertise in any other State unit in the development, execution, and management of contracts and agreements on projects relating to their areas of prime responsibility.

(2) Money in the Fund may be used for administrative costs calculated in accordance with § 1–103(b)(2) of this article.

(d) (1) The Maryland Energy Administration shall receive administrative and fiscal support from the Fund for studies relating to the conservation or production of electric energy.

(2) Fiscal support to the Maryland Energy Administration from the Fund may not exceed $250,000 in any fiscal year.

(3) The Chesapeake Bay Trust shall receive $375,000 from the Fund each fiscal year for the purpose of funding energy conservation projects through the Thomas V. Mike Miller, Jr., Chesapeake Conservation and Climate Corps Program, as provided under §§ 8–1913 through 8–1924 of this article.

(e) The Legislative Auditor may conduct post audits of a fiscal and compliance nature of the Fund and of the appropriations and expenditures made for the purposes of this subtitle. The cost of the fiscal portion of the post audit examinations shall be an operating cost of the Fund.
Md. Code, Natural Resources § 3-403 — MD Code / Article gnr / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

(a) The University of Maryland Center for Environmental Science shall conduct a comprehensive program to develop and apply predictive ecology for Maryland to the improvement and preservation of the physical environment, through a program of research, public service, and education. The University of Maryland Center for Environmental Science shall perform the following functions:

(1) Maintain liaison with the State to identify the important regional and environmental problems, including the relationship to the use of the waters of the State and in particular those environmental problems affecting the waters of the Chesapeake Bay;

(2) Inventory appropriate:

(i) Professional individuals;

(ii) Organizations which are private, public, and commercial;

(iii) Facilities; and

(iv) Programs, including:

1. Educational;

2. Research and development; and

3. Public service;

(3) Arrange or prepare critical reviews, analyses, summaries of present levels of understanding and technical status reports on topical environmental problems, in formats ranging in depth from informal consultation to formal reports;

(4) Assist the development and coordination of single or multidisciplinary programs and projects on the environment at public and private educational and research institutes;

(5) Develop and promote environmental educational programs in the State;

(6) Conduct environmental research programs;

(7) Implement a program of environmental education to include participation in undergraduate and graduate collegiate programs, assist public and private educational systems, and participate in the education of the public and environmental fields;

(8) Implement joint graduate degree programs and post baccalaureate certificate programs, if authorized by the Maryland Higher Education Commission and the Board of Regents of the University System of Maryland in accordance with the Education Article;

(9) Perform other acts of public service relating to the environment in the best interest of the citizens of the State; and

(10) Implement the application of the institutional and physical resources of the University to the needs of State agencies in environmental matters.

(b) The University of Maryland Center for Environmental Science staff may collect any animal, plant, and other sample and use any collection device, technique, and seizure necessary for and pertinent to its research, public service and education program.
Md. Code, Courts and Judicial Proceedings § 3-226 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-226
§3–226.
Status: in_force

If an application to vacate is denied and no motion to modify or correct the award is pending, the court shall confirm the award.
Md. Code, Natural Resources § 3-123 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-123
§3–123.
Status: in_force

The exercise of the powers granted by this subtitle is for the benefit of the people of the State for the improvement of their health and living conditions. Since the activities of the Service and the operation and maintenance of its projects constitute the performance of essential governmental functions, the Service is exempt from any payment of or liability for any and all taxes, whether federal, State, or local, now or hereafter levied or imposed, and any assessments or other governmental charges. The bonds and notes of the Service issued pursuant to the authority of this subtitle, their transfer, the interest payable thereon, and any income derived therefrom, including any profit realized in the sale or exchange thereof, at all times shall be exempt from taxation of every kind and nature whatsoever by the State, or by any of its political subdivisions, municipal corporations, or public units of any kind.
Md. Code, Courts and Judicial Proceedings § 3-703 — MD Code / Article gcj / Title 3 / Subtitle 7 / Section 3-703
§3–703.
Status: in_force

(a) If it appears to the judge from the petition for the writ or otherwise, that a petitioner, confined as a result of sentence for a criminal offense or judgment in a juvenile proceeding has previously been given a hearing on a prior petition for release from confinement under the same commitment, it is discretionary with the judge whether or not to issue the writ.

(b) In exercising his discretion the judge may consider whether new grounds of a substantial nature appear to exist for granting of the writ or whether the grounds for the issuance of any former writ were fully and adequately presented.
Md. Code, Labor and Employment § 3-427 — MD Code / Article gle / Title 3 / Subtitle 4 / Section 3-427
§3–427.
Status: in_force

(a) If an employer pays an employee less than the wage required under this subtitle, the employee may bring an action against the employer to recover:

(1) the difference between the wage paid to the employee and the wage required under this subtitle;

(2) an additional amount equal to the difference between the wage paid to the employee and the wage required under this subtitle as liquidated damages; and

(3) counsel fees and other costs.

(b) On the written request of an employee who is entitled to bring an action under this section, the Commissioner may:

(1) take an assignment of the claim in trust for the employee;

(2) ask the Attorney General to bring an action in accordance with this section on behalf of the employee; and

(3) consolidate 2 or more claims against an employer.

(c) The agreement of an employee to work for less than the wage to which the employee is entitled under this subtitle is not a defense to an action under this section.

(d) (1) If a court determines that an employee is entitled to recovery in an action under this section, the court shall award to the employee:

(i) the difference between the wage paid to the employee and the wage required under this subtitle;

(ii) except as provided in paragraph (2) of this subsection, an additional amount equal to the difference between the wage paid to the employee and the wage required under this subtitle as liquidated damages; and

(iii) reasonable counsel fees and other costs.

(2) If an employer shows to the satisfaction of the court that the employer acted in good faith and reasonably believed that the wages paid to the employee were not less than the wage required under this subtitle, the court shall:

(i) determine that liquidated damages should not be awarded; or

(ii) award, as liquidated damages, any amount less than the amount specified in paragraph (1)(ii) of this subsection.
Md. Code, Environment § 3-407 — MD Code / Article gen / Title 3 / Subtitle 4 / Section 3-407
§3–407.
Status: in_force

A person is not subject to action for a violation of a provision of this title or any rule or regulation adopted under this title so long as the person acts in accordance with a plan for compliance that:

(1) The person has submitted to the political subdivision; and

(2) The political subdivision has approved, with or without amendments.
Md. Code, Criminal Law § 3-210 — MD Code / Article gcr / Title 3 / Subtitle 2 / Section 3-210
§3–210.
Status: in_force

(a) An incarcerated individual convicted of assault under this subtitle on another incarcerated individual or on an employee of a State correctional facility, a local correctional facility, or a sheriff’s office, regardless of employment capacity, shall be sentenced under this section.

(b) A sentence imposed under this section shall be consecutive to any sentence that the incarcerated individual was serving at the time of the crime or that had been imposed but was not yet being served at the time of sentencing.

(c) A sentence imposed under this section may not be suspended.
Md. Code, Corporations and Associations § 3-516 — MD Code / Article gca / Title 3 / Subtitle 5 / Section 3-516
§3–516.
Status: in_force

(a) A director, stockholder, or creditor of a Maryland corporation which has had its charter forfeited may petition a court of equity to take jurisdiction of the liquidation of the corporation.

(b) After notice and hearing, the court for good cause shown may order the corporation liquidated under court supervision either by the directors as trustees or by one or more receivers appointed by the court.

(c) The authority of the director-trustees terminates when a court appoints a receiver.
Md. Code, Economic Development § 3-304 — MD Code / Article gec / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

With special emphasis on exports, the Office shall encourage businesses in the State to increase international trade activities by:

(1) channeling trade leads and providing a list of prescreened foreign intermediaries;

(2) providing informational and consultative services on the international trade process, including:

(i) market research and selection;

(ii) marketing techniques and risks;

(iii) foreign trade laws; and

(iv) the availability of private or public financing;

(3) developing publications to facilitate the exchange of information on products and services between businesses in the State and foreign businesses;

(4) initiating and organizing foreign trade missions to and from foreign countries and participating in trade fairs, in cooperation with local governments and the private sector;

(5) establishing an outreach program for small-sized and medium-sized businesses that have export potential to provide counseling and to use experienced private-sector exporters and other qualified persons; and

(6) assisting, as appropriate, with acquisition of export-related financing through the Maryland Industrial Development Financing Authority and federal, local, or private programs.
Md. Code, Transportation § 3-501 — MD Code / Article gtr / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

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

(b) “Bonds” means bonds issued under this subtitle and includes bonds, notes, or any other evidences of obligation.

(c) “Counties” means the counties of Maryland and includes the Mayor and City Council of Baltimore.
Md. Code, Financial Institutions § 3-513 — MD Code / Article gfi / Title 3 / Subtitle 5 / Section 3-513
§3–513.
Status: in_force

(a) Entry into and withdrawal from participation in a common trust fund may occur only on a valuation date, or, if provided by the plan, within 2 business days after a valuation date.

(b) Participation shall be based on the valuation as of the valuation date associated with the entry or withdrawal.

(c) When participation is withdrawn from a common trust fund, the trust company may make distribution in cash, ratably in kind, or both, but all distributions associated with a valuation date shall be made in the same way.
Md. Code, Alcoholic Beverages and Cannabis § 3-107 — MD Code / Article gab / Title 3 / Subtitle 1 / Section 3-107
§3–107.
Status: in_force

The Executive Director may retain from the license and permit fees that are collected an amount to pay for:

(1) the cost of refunds issued in accordance with § 3–108(b) of this subtitle; and

(2) the administrative expenses incurred by the Executive Director to discharge its duties under this article.
Md. Code, Commercial Law § 3-107 — MD Code / Article gcl / Title 3 / Subtitle 1 / Section 3-107
§3–107.
Status: in_force

Unless the instrument otherwise provides, an instrument that states the amount payable in foreign money may be paid in the foreign money or in an equivalent amount in dollars calculated by using the current bank-offered spot rate at the place of payment for the purchase of dollars on the day on which the instrument is paid.
Md. Code, Agriculture § 3-204 — MD Code / Article gag / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

(a) The Secretary may conduct tests and investigations of any biological product and perform research at the biological products laboratory.

(b) Upon request of any governmental unit or political subdivision of the State, the Secretary shall conduct requested tests and investigations of any biological product for public purposes.
Md. Code, Alcoholic Beverages and Cannabis § 3-601 — MD Code / Article gab / Title 3 / Subtitle 6 / Section 3-601
§3–601.
Status: in_force

The Executive Director may revoke or suspend a license or permit that the Executive Director issues in accordance with this subtitle.
Md. Code, Courts and Judicial Proceedings § 3-224 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-224
§3–224.
Status: in_force

(a) (1) Except as provided in paragraph (2), a petition to vacate the award shall be filed within 30 days after delivery of a copy of the award to the petitioner.

(2) If a petition alleges corruption, fraud, or other undue means it shall be filed within 30 days after the grounds become known or should have been known to the petitioner.

(b) The court shall vacate an award if:

(1) An award was procured by corruption, fraud, or other undue means;

(2) There was evident partiality by an arbitrator appointed as a neutral, corruption in any arbitrator, or misconduct prejudicing the rights of any party;

(3) The arbitrators exceeded their powers;

(4) The arbitrators refused to postpone the hearing upon sufficient cause being shown for the postponement, refused to hear evidence material to the controversy, or otherwise so conducted the hearing, contrary to the provisions of § 3-213 of this subtitle, as to prejudice substantially the rights of a party; or

(5) There was no arbitration agreement as described in § 3-206 of this subtitle, the issue was not adversely determined in proceedings under § 3-208 of this subtitle, and the party did not participate in the arbitration hearing without raising the objection.

(c) The court shall not vacate the award or refuse to confirm the award on the ground that a court of law or equity could not or would not grant the same relief.
Md. Code, Real Property § 3-112 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-112
§3–112.
Status: in_force

(a) In this section, “unlawfully restrictive covenant” means any recorded covenant or restriction that restricts ownership based on race, religious belief, or national origin.

(b) This section does not apply to an unlawfully restrictive covenant that is part of a declaration, uniform general scheme, or plan of development of a homeowners association, as defined in § 11B–101 of this article.

(c) (1) A person may execute and record a restrictive covenant modification to an unlawfully restrictive covenant in accordance with this section if the person:

(i) Holds an ownership interest in property that the person believes is subject to the unlawfully restrictive covenant; or

(ii) Is a nonprofit entity that is required to enforce within a defined residential neighborhood:

1. Covenants that limit architectural alterations, renovations, landscaping elements, or other modifications to residential lots in the neighborhood; and

2. The unlawfully restrictive covenant.

(2) (i) Subject to subparagraph (ii) of this paragraph, a county or municipality may execute and record a restrictive covenant modification to an unlawfully restrictive covenant in accordance with this section if:

1. The property that the county or municipality believes is subject to an unlawfully restrictive covenant is within the boundaries of the county or municipality; and

2. At least 30 days before executing and recording the restrictive covenant modification, the county or municipality provides written notice in accordance with subparagraph (iii) of this paragraph of the county’s or municipality’s intent to execute and record the restrictive covenant modification to all persons with an ownership interest in the property.

(ii) A person with an ownership interest in the property may decline to have the restrictive covenant modification executed and recorded by the county or municipality by notifying the county or municipality within 30 days after the date of notice.

(iii) Notice under subparagraph (i)2 of this paragraph shall:

1. A. Be published once per week for 4 successive weeks in one or more newspapers of general circulation in the county or municipality where the property is located; and

B. Be posted on the official website of the county or municipality where the property is located; and

2. Provide information on how a person with an ownership interest in the property may decline to have the restrictive covenant modification executed and recorded by the county or municipality.

(d) (1) A restrictive covenant modification shall:

(i) Consist of a complete copy of the original instrument containing the unlawfully restrictive covenant with the language of the unlawfully restrictive covenant stricken; and

(ii) Be accompanied by a complete restrictive covenant modification intake sheet, on the form that the Administrative Office of the Courts provides.

(2) The restrictive covenant modification intake sheet described in paragraph (1)(ii) of this subsection shall:

(i) 1. Be signed by the record owner of the property; or

2. In the case of a nonprofit entity, be accompanied by a statement that a majority of the governing body of the nonprofit entity has agreed to the restrictive covenant modification;

(ii) Reference the book and page number or other place where the original instrument containing the unlawfully restrictive covenant is recorded; and

(iii) Include any other information that the Administrative Office of the Courts considers necessary in carrying out the requirements of this section.

(e) (1) On receipt of a restrictive covenant modification, the clerk of the circuit court shall submit the restrictive covenant modification together with a copy of the original instrument referenced in the restrictive covenant modification to the county attorney.

(2) The county attorney shall:

(i) Review the restrictive covenant modification and the copy of the original instrument to determine:

1. Whether the original instrument contains an unlawfully restrictive covenant; and

2. Whether the restrictive covenant modification correctly strikes through only the language of the unlawfully restrictive covenant; and

(ii) On completion of the review, return the restrictive covenant modification and copy of the original to the clerk of the circuit court together with the county attorney’s determination.

(3) The clerk of the circuit court may not record a restrictive covenant modification unless the county attorney determines that the modification is appropriate in accordance with paragraph (2) of this subsection.

(f) A restrictive covenant modification shall be indexed in the same manner as the original instrument.

(g) (1) Subject to all covenants, conditions, and restrictions that were recorded after the recording of the original instrument, the restrictions contained in the restrictive covenant modification, once recorded, are the only restrictions based on the original instrument that apply to the property.

(2) The effective date of the terms and conditions contained in the restrictive covenant modification shall be the same as the effective date of the original instrument.

(h) If a person causes to be recorded a restrictive covenant modification that contains modifications not authorized under this section:

(1) The clerk of the circuit court may not incur any liability for recording the restrictive covenant modification;

(2) The county may not incur any liability as a result of a determination rendered by the county attorney under subsection (e) of this section; and

(3) Any liability that results from the unauthorized recordation shall be the sole responsibility of the person that executed the restrictive covenant modification.
Md. Code, Public Safety § 3-531 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-531
§3–531.
Status: in_force

(a) There is a Governor’s Office of Crime Prevention and Policy.

(b) The Office is a separate unit within the Executive Department.

(c) The Governor may provide for the structure, duties, and responsibilities of the Office by executive order.
Md. Code, Courts and Judicial Proceedings § 3-204 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

The court shall make any determination provided for in this subtitle without a jury.
Md. Code, Insurance § 3-319 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-319
§3–319.
Status: in_force

(a) A surplus lines broker may not place surplus lines insurance with an unauthorized insurer that:

(1) has not been approved by the Commissioner as a surplus lines insurer in accordance with § 3–318 of this subtitle;

(2) for an insurer not domiciled in the State, has not qualified under § 3–303 of this subtitle;

(3) has been determined by the Commissioner to be insolvent or unsafe financially under subsection (b) of this section; or

(4) has been determined by the Commissioner to have refused to pay just claims.

(b) (1) The Commissioner shall direct that surplus lines insurance may not be placed with a surplus lines insurer that has been approved by the Commissioner if the Commissioner determines that the surplus lines insurer:

(i) is not in a safe or solvent financial condition; or

(ii) has refused to pay just claims.

(2) After written notice of a determination made by the Commissioner under paragraph (1) of this subsection is mailed by the Commissioner to qualified surplus lines brokers, surplus lines insurance may not be placed with the surplus lines insurer.

(c) Notwithstanding any other provision of this subtitle, a surplus lines broker may not place surplus lines insurance with an insurer if the broker knows, or reasonably should know, that the insurer is in an unsafe or insolvent financial condition.

(d) A qualified surplus lines broker may not place a risk in an unauthorized insurer that has not previously appointed the Commissioner as agent for the acceptance of service of process.
Md. Code, Criminal Law § 3-203 — MD Code / Article gcr / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

(a) A person may not commit an assault.

(b) Except as provided in subsection (c) of this section, a person who violates subsection (a) of this section is guilty of the misdemeanor of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $2,500 or both.

(c) (1) In this subsection, “physical injury” means any impairment of physical condition, excluding minor injuries.

(2) A person may not intentionally cause physical injury to another if the person knows or has reason to know that the other is:

(i) a law enforcement officer engaged in the performance of the officer’s official duties;

(ii) a parole or probation agent engaged in the performance of the agent’s official duties; or

(iii) a firefighter, an emergency medical technician, a rescue squad member, or any other first responder engaged in providing emergency medical care or rescue services.

(3) A person who violates paragraph (2) of this subsection is guilty of the felony of assault in the second degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $5,000 or both.
Md. Code, Natural Resources § 3-206 — MD Code / Article gnr / Title 3 / Subtitle 2 / Section 3-206
§3–206.
Status: in_force

The trustees may request and shall receive from the Attorney General legal counsel and services necessary to carry out effectively the purposes of the Trust.
Md. Code, Courts and Judicial Proceedings § 3-601 — MD Code / Article gcj / Title 3 / Subtitle 6 / Section 3-601
§3–601.
Status: in_force

A court may not refuse to specifically enforce a contract on the ground that the party seeking specific enforcement has an adequate remedy in damages unless the party resisting specific enforcement shall:

(1) Prove that the party has property from which the damages may be collected; or

(2) Give bond in an amount to be determined by the court and with security approved by the court, to perform the contract or pay all costs and damages that may be adjudged for breach or nonperformance against the party resisting specific enforcement.
Md. Code, Correctional Services § 3-805 — MD Code / Article gcs / Title 3 / Subtitle 8 / Section 3-805
§3–805.
Status: in_force

(a) An incarcerated individual who is employed in the community as a participant in the work–release program established under § 3–801 of this subtitle is not an agent, employee, or involuntary servant of the Division while released from confinement under the terms of a work–release plan.

(b) Title 10, Subtitle 3 of this article does not apply when an incarcerated individual released under a work–release plan sustains an injury while engaged in gainful private employment.
Md. Code, Commercial Law § 3-205 — MD Code / Article gcl / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

(a) If an indorsement is made by the holder of an instrument, whether payable to an identified person or payable to bearer, and the indorsement identifies a person to whom it makes the instrument payable, it is a “special indorsement”. When specially indorsed, an instrument becomes payable to the identified person and may be negotiated only by the indorsement of that person. The principles stated in § 3-110 apply to special indorsements.

(b) If an indorsement is made by the holder of an instrument and it is not a special indorsement, it is a “blank indorsement”. When indorsed in blank, an instrument becomes payable to bearer and may be negotiated by transfer of possession alone until specially indorsed.

(c) The holder may convert a blank indorsement that consists only of a signature into a special indorsement by writing, above the signature of the indorser, words identifying the person to whom the instrument is made payable.

(d) “Anomalous indorsement” means an indorsement made by a person who is not the holder of the instrument. An anomalous indorsement does not affect the manner in which the instrument may be negotiated.
Md. Code, Labor and Employment § 3-903 — MD Code / Article gle / Title 3 / Subtitle 9 / Section 3-903
§3–903.
Status: in_force

(a) An employer may not fail to properly classify an individual who performs work for remuneration paid by the employer.

(b) An employer has failed to properly classify an individual when an employer–employee relationship exists as determined under subsection (c) of this section but the employer has not classified the individual as an employee.

(c) (1) Except as provided in § 3–903.1 of this subtitle, for purposes of enforcement of this subtitle only, work performed by an individual for remuneration paid by an employer shall be presumed to create an employer–employee relationship, unless:

(i) the individual is an exempt person; or

(ii) an employer demonstrates that:

1. the individual who performs the work is free from control and direction over its performance both in fact and under the contract;

2. the individual customarily is engaged in an independent business or occupation of the same nature as that involved in the work; and

3. the work is:

A. outside of the usual course of business of the person for whom the work is performed; or

B. performed outside of any place of business of the person for whom the work is performed.

(2) Work is outside of the usual course of business of the person for whom it is performed under paragraph (1) of this subsection if:

(i) the individual performs the work off the employer’s premises;

(ii) the individual performs work that is not integrated into the employer’s operation; or

(iii) the work performed is unrelated to the employer’s business.

(3) By contract, an employer may engage another business entity, which may have its own employees, to do the same type of work in which the employer engages, at the same location where the employer is working, without establishing an employer–employee relationship between the two contracting entities.

(d) The Commissioner shall adopt regulations to explain further and provide specific examples of the application of subsection (c) of this section.
Md. Code, Corporations and Associations § 3-205 — MD Code / Article gca / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

A demand for payment may be withdrawn only with the consent of the successor.
Md. Code, Estates and Trusts § 3-101 — MD Code / Article get / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

Any part of the net estate of a decedent not effectively disposed of by the decedent’s will shall be distributed by the personal representative to the heirs of the decedent in the order prescribed in this subtitle.
Md. Code, Corporations and Associations § 3-506 — MD Code / Article gca / Title 3 / Subtitle 5 / Section 3-506
§3–506.
Status: in_force

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

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

(2) To compel the filing of annual reports.
Md. Code, Criminal Procedure § 3-109 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-109
§3–109.
Status: in_force

(a) A defendant is not criminally responsible for criminal conduct if, at the time of that conduct, the defendant, because of a mental disorder or an intellectual disability, lacks substantial capacity to:

(1) appreciate the criminality of that conduct; or

(2) conform that conduct to the requirements of law.

(b) For purposes of this section, “mental disorder” does not include an abnormality that is manifested only by repeated criminal or otherwise antisocial conduct.
Md. Code, Labor and Employment § 3-801 — MD Code / Article gle / Title 3 / Subtitle 8 / Section 3-801
§3–801.
Status: in_force

(a) (1) In this section, “employer” means a person engaged in a business, industry, profession, trade, or other enterprise in the State.

(2) “Employer” includes:

(i) a unit of State or local government that employs individuals who are not subject to the provisions of Title 9, Subtitle 5 of the State Personnel and Pensions Article; and

(ii) a person who acts directly or indirectly in the interest of another employer with an employee.

(b) This section applies to an employer who provides leave with pay to an employee following the birth of the employee’s child.

(c) An employer who provides leave with pay to an employee following the birth of the employee’s child shall provide the same leave with pay to an employee when a child is placed with the employee for adoption.

(d) (1) Whenever the Commissioner determines that this section has been violated, the Commissioner shall:

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

(ii) ask the Attorney General to bring an action on behalf of the applicant or employee.

(2) The Attorney General may bring an action under this subsection in the county where the violation allegedly occurred for injunctive relief, damages, or other relief.
Md. Code, Alcoholic Beverages and Cannabis § 3-104 — MD Code / Article gab / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: in_force

(a) (1) If an application for a license is made for the use of a partnership, the license shall be issued to three individuals.

(2) Each of the individuals shall qualify as:

(i) an individual general partner; or

(ii) if a general partner is a corporation, an officer of the corporation as an individual.

(b) (1) If a partnership has fewer than three general partners, the names of each general partner shall be on the license.

(2) Each of the three general partners or corporate officers shall:

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

(ii) remain a resident of the State for the duration of time the license is in effect.
Md. Code, Agriculture § 3-112 — MD Code / Article gag / Title 3 / Subtitle 1 / Section 3-112
§3–112.
Status: in_force

An agent of the Secretary may not knowingly pass as healthy any diseased animal or any part of it contrary to the departmental rules and regulations.
Md. Code, Tax - Property § 3-108 — MD Code / Article gtp / Title 3 / Subtitle 1 / Section 3-108
§3–108.
Status: in_force

(a) With the advice and consent of the Senate, the Governor shall appoint an Administrator of the boards for a term of 6 years.

(b) The Administrator is entitled to the salary and necessary assistance as provided in the State budget.

(c) In addition to the powers and duties set forth elsewhere in this article, the Administrator shall:

(1) prepare and provide notices and reports required of boards including uniform forms, order blanks, and statements advising taxpayers of their right to appeal;

(2) keep a record of complaints about the conduct or fitness of members; and

(3) forward to the appropriate county officials listed in § 3–103(d)(2) of this title complaints that would justify removal of a member.

(d) (1) Subject to Title 10, Subtitles 1 and 2 of the State Government Article, the Administrator shall:

(i) adopt uniform regulations to govern the activities of the boards; and

(ii) ensure that the regulations are applied consistently.

(2) After adoption, regulations shall be filed with the Maryland Tax Court and Supreme Court of Maryland.
Md. Code, State Personnel and Pensions § 3-102 — MD Code / Article gsp / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

(a) Except as provided in this title or as otherwise provided by law, this title applies to:

(1) all employees of:

(i) the principal departments within the Executive Branch of State government;

(ii) the Maryland Insurance Administration;

(iii) the State Department of Assessments and Taxation;

(iv) the State Lottery and Gaming Control Agency;

(v) the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College;

(vi) the Comptroller;

(vii) the Maryland Transportation Authority who are not police officers;

(viii) the State Retirement Agency;

(ix) the State Department of Education;

(x) the Maryland Environmental Service;

(xi) the Maryland School for the Deaf; and

(xii) the Office of the Public Defender;

(2) firefighters for the Martin State Airport at the rank of captain or below who are employed by the Military Department; and

(3) all full–time Maryland Transportation Authority police officers at the rank of first sergeant and below.

(b) This title does not apply to:

(1) employees of the Maryland Transit Administration, as that term is defined in § 7–601(a)(2) of the Transportation Article;

(2) an employee who is elected to the position by popular vote;

(3) an employee in a position by election or appointment that is provided for by the Maryland Constitution;

(4) an employee who is:

(i) a special appointment in the State Personnel Management System; or

(ii) 1. directly appointed by the Governor by an appointment that is not provided for by the Maryland Constitution;

2. appointed by or on the staff of the Governor or Lieutenant Governor; or

3. assigned to the Government House or the Governor’s Office;

(5) an employee assigned to the Board or with access to records of the Board;

(6) an employee in:

(i) the executive service of the State Personnel Management System; or

(ii) a unit of the Executive Branch with an independent personnel system who is:

1. the chief administrator of the unit or a comparable position that is not excluded under item (3) of this subsection as a constitutional or elected office; or

2. a deputy or assistant administrator of the unit or a comparable position;

(7) (i) a temporary or contractual employee in the State Personnel Management System; or

(ii) a contractual, temporary, or emergency employee in a unit of the Executive Branch with an independent personnel system;

(8) an employee who is entitled to participate in collective bargaining under another law;

(9) an employee of the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College who is:

(i) a chief administrator or in a comparable position;

(ii) a deputy, associate, or assistant administrator or in a comparable position;

(iii) a member of the faculty, including a faculty librarian;

(iv) a student employee, including a teaching assistant or a comparable position, fellow, or post doctoral intern;

(v) a contingent, contractual, temporary, or emergency employee;

(vi) a contingent, contractual, or temporary employee whose position is funded through a research or service grant or contract, or through clinical revenues; or

(vii) an employee whose regular place of employment is outside the State of Maryland;

(10) an employee whose participation in a labor organization would be contrary to the State’s ethics laws;

(11) any managerial or confidential employee of a unit of State government listed in subsection (a)(1)(i) through (iv) and (vi) through (xii) of this section, as defined in regulations adopted by the Secretary;

(12) any supervisory, managerial, or confidential employee of a State institution of higher education listed in subsection (a)(1)(v) of this section, as defined in regulations adopted by the governing board of the institution; or

(13) any employee described in subsection (a)(2) of this section who is a supervisory, managerial, or confidential employee, as defined in regulations adopted by the Secretary.

(c) Employees, employers, and exclusive representatives subject to this title are subject to the provisions of Title 22 of the State Government Article.

(d) (1) Subject to Title 22, Subtitle 4 of the State Government Article, a bargaining unit shall consist only of employees defined in regulations adopted by the Secretary and not specifically excluded by subsection (b) of this section.

(2) (i) Each system institution, Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College shall have separate bargaining units.

(ii) Appropriate bargaining units shall consist of:

1. all eligible nonexempt employees, as described in the federal Fair Labor Standards Act, except eligible sworn police officers;

2. all eligible exempt employees, as described in the federal Fair Labor Standards Act; and

3. all eligible sworn police officers.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, the Secretary or the Secretary’s designee shall have the authority to assign classification titles and positions to bargaining units as appropriate.

(ii) The following individuals and entities shall assign classification titles and positions to bargaining units at the following institutions:

1. at a system institution, the President of the system institution; and

2. at Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College, the governing board of the institution.

(4) Notwithstanding any other provision of law:

(i) Maryland Transportation Authority police officers at the rank of first sergeant and below shall have a separate bargaining unit;

(ii) faculty at the Maryland School for the Deaf shall have a separate bargaining unit; and

(iii) supervisory employees of units of State government listed in subsection (a)(1)(i) through (iv) and (vi) through (xii) of this section who are not confidential employees shall have a separate bargaining unit.
Md. Code, Courts and Judicial Proceedings § 3-801 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-801
§3–801.
Status: in_force

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

(b) “Abuse” means:

(1) Sexual abuse of a child, whether a physical injury is sustained or not;

(2) Physical or mental injury of a child under circumstances that indicate that the child’s health or welfare is harmed or is at substantial risk of being harmed by:

(i) A parent or other individual who has permanent or temporary care or custody or responsibility for supervision of the child; or

(ii) A household or family member; or

(3) Labor trafficking of a child by any individual.

(c) “Adjudicatory hearing” means a hearing under this subtitle to determine whether the allegations in the petition, other than the allegation that the child requires the court’s intervention, are true.

(d) “Adult” means an individual who is at least 18 years old.

(e) “Child” means an individual under the age of 18 years.

(f) “Child in need of assistance” means a child who requires court intervention because:

(1) The child has been abused, has been neglected, has a developmental disability, or has a mental disorder; and

(2) The child’s parents, guardian, or custodian are unable or unwilling to give proper care and attention to the child and the child’s needs.

(g) “CINA” means a child in need of assistance.

(h) “Commit” means to transfer custody.

(i) “Court” means the circuit court for a county sitting as the juvenile court.

(j) “Custodian” means a person or governmental agency to whom custody of a child has been given by order of court, including a court other than the juvenile court.

(k) “Custody” means the right and obligation, unless otherwise determined by the court, to provide ordinary care for a child and determine placement.

(l) “Developmental disability” means a severe chronic disability of an individual that:

(1) Is attributable to a physical or mental impairment, other than the sole diagnosis of mental illness, or to a combination of mental and physical impairments;

(2) Is likely to continue indefinitely;

(3) Results in an inability to live independently without external support or continuing and regular assistance; and

(4) Reflects the need for a combination and sequence of special, interdisciplinary, or generic care, treatment, or other services that are individually planned and coordinated for the individual.

(m) “Disposition hearing” means a hearing under this subtitle to determine:

(1) Whether a child is in need of assistance; and

(2) If so, the nature of the court’s intervention to protect the child’s health, safety, and well–being.

(n) “Guardian” means a person to whom guardianship of a child has been given by order of court, including a court other than the juvenile court.

(o) “Guardianship” means an award by a court, including a court other than the juvenile court, of the authority to make ordinary and emergency decisions as to the child’s care, welfare, education, physical and mental health, and the right to pursue support.

(p) “Labor trafficking” means knowingly:

(1) Taking, placing, harboring, persuading, inducing, or enticing a child by force, fraud, or coercion to provide services or labor; or

(2) Receiving a benefit or thing of value from the provision of services or labor by a child that was induced by force, fraud, or coercion.

(q) “Local department” means:

(1) The local department of social services for the county in which the court is located; or

(2) In Montgomery County, the county department of health and human services.

(r) (1) “Mental disorder” means a behavioral or emotional illness that results from a psychiatric or neurological disorder.

(2) “Mental disorder” includes a mental illness that so substantially impairs the mental or emotional functioning of an individual as to make care or treatment necessary or advisable for the welfare of the individual or for the safety of the person or property of another.

(3) “Mental disorder” does not include an intellectual disability.

(s) “Mental injury” means the observable, identifiable, and substantial impairment of a child’s mental or psychological ability to function.

(t) (1) “Neglect” means the leaving of a child unattended or other failure to give proper care and attention to a child by any parent or individual who has permanent or temporary care or custody or responsibility for supervision of the child under circumstances that indicate:

(i) That the child’s health or welfare is harmed or placed at substantial risk of harm; or

(ii) That the child has suffered mental injury or been placed at substantial risk of mental injury.

(2) “Neglect” does not include the use of cannabis by any parent or individual who has permanent or temporary care or custody or responsibility for supervision of the child unless, as a result of the use of cannabis:

(i) The child’s health or welfare is harmed or placed at substantial risk of harm; or

(ii) The child has suffered mental injury or been placed at substantial risk of mental injury.

(u) “Parent” means a natural or adoptive parent whose parental rights have not been terminated.

(v) (1) “Party” means:

(i) A child who is the subject of a petition;

(ii) The child’s parent, guardian, or custodian;

(iii) The petitioner; or

(iv) An adult who is charged under § 3–828 of this subtitle.

(2) “Party” does not include a foster parent.

(w) “Qualified residential treatment program” means a program within a licensed child care institution that provides continuous, 24–hour care and supportive services to children in a residential, nonfamily home setting that:

(1) Has a trauma–informed treatment model that is designed to address the clinical and other needs of children with serious emotional or behavioral disorders or disturbances;

(2) Is able to implement the specific treatment recommended in an assessment completed by a qualified individual;

(3) Has registered or licensed nursing staff and other licensed clinical staff who are:

(i) On site according to the treatment model and during business hours; and

(ii) Available 24 hours a day, 7 days a week;

(4) Appropriately facilitates outreach to family members and integrates the family members into the treatment of the children;

(5) Is able to provide discharge planning that provides family–based aftercare support for at least 6 months following discharge;

(6) Is licensed in accordance with § 471(a)(10) of the Social Security Act; and

(7) Is accredited by an approved independent nonprofit organization.

(x) “Reasonable efforts” means efforts that are reasonably likely to achieve the objectives set forth in § 3–816.1(b)(1) and (2) of this subtitle.

(y) “Relative” means an individual who is a kinship caregiver, as defined in § 5–534 of the Family Law Article.

(z) “Sex trafficking” means the recruitment, harboring, transportation, provision, obtaining, patronizing, or soliciting of a child for the purpose of a commercial sex act.

(aa) “Sexual abuse” means an act that involves:

(1) Sexual molestation or exploitation of a child by:

(i) A parent or other individual who has permanent or temporary care or custody or responsibility for supervision of the child; or

(ii) A household or family member; or

(2) Sex trafficking of a child by any individual.

(bb) “Sexual molestation or exploitation” includes:

(1) Allowing or encouraging a child to engage in:

(i) Obscene photography, films, poses, or similar activity;

(ii) Pornographic photography, films, poses, or similar activity; or

(iii) Prostitution;

(2) Incest;

(3) Rape;

(4) Sexual offense in any degree; and

(5) Any other sexual conduct that is a crime.

(cc) “Shelter care” means a temporary placement of a child outside of the home at any time before disposition.

(dd) “Shelter care hearing” means a hearing held before disposition to determine whether the temporary placement of the child outside of the home is warranted.

(ee) “TPR proceeding” means a proceeding to terminate parental rights.

(ff) “Voluntary placement” means a placement in accordance with § 5–525(b)(1)(i) or (iii) or (3) of the Family Law Article.

(gg) “Voluntary placement hearing” means a hearing to obtain a judicial determination as to whether continuing a voluntary placement is in the best interests of the child.
Md. Code, Courts and Judicial Proceedings § 3-8C-02 — MD Code / Article gcj / Title 3 / Subtitle 8C / Section 3-8C-02
§3–8C–02.
Status: in_force

(a) (1) The Circuit Administrative Judge of the First Circuit may establish a Truancy Reduction Pilot Program in one or more of the juvenile courts in Dorchester County, Somerset County, Wicomico County, and Worcester County.

(2) The Circuit Administrative Judge of the Second Circuit may establish a Truancy Reduction Pilot Program in the juvenile courts in Kent County and Talbot County.

(3) The Circuit Administrative Judge of the Third Circuit may establish a Truancy Reduction Pilot Program in the juvenile court in Harford County.

(4) The Circuit Administrative Judge of the Sixth Circuit may establish a Truancy Reduction Pilot Program in the juvenile court in Frederick County.

(5) The Circuit Administrative Judge of the Seventh Circuit may establish a Truancy Reduction Pilot Program in the juvenile court in Prince George’s County.

(b) After consultation with the administrative judges of the first, second, third, sixth, and seventh circuits, the Chief Justice of the Supreme Court of Maryland may accept a gift or grant to implement the pilot programs in each respective circuit.
Md. Code, Courts and Judicial Proceedings § 3-8A-16 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-16
§3–8A–16.
Status: reserved

(a) The official in charge of a jail or other facility for the detention of adult offenders or persons charged with crime shall inform the court or the intake officer immediately when a person, who is or appears to be under the age of 18 years, is received at the facility and shall deliver him to the court upon request or transfer him to the facility designated by the intake officer or the court, unless the court has waived its jurisdiction with respect to the person and he is being proceeded against as an adult.

(b) When a case is transferred to another court for criminal prosecution, the child shall promptly be transferred to the appropriate officer or adult detention facility in accordance with the law governing the detention of persons charged with crime.

(c) A child may not be transported together with adults who have been charged with or convicted of a crime unless the court has waived its jurisdiction and the child is being proceeded against as an adult.
Md. Code, Business Occupations and Professions § 3-305.1 — MD Code / Article gbo / Title 3 / Subtitle 3 / Section 3-305.1
§3–305.
Status: in_force

§3–305.1.

(a) The Board may use a testing service to administer examinations given under this title.

(b) If the Board uses a testing service, the testing service, subject to the requirements set by the Board, may:

(1) set the time and place of examinations;

(2) give qualified applicants notice of the time and place of examinations; and

(3) furnish any other information that the Board may require the testing service to provide.
Md. Code, Economic Development § 3-406 — MD Code / Article gec / Title 3 / Subtitle 4 / Section 3-406
§3–406.
Status: in_force

The Program shall provide business assistance services that:

(1) determine whether the employer’s specific needs are best met by training, other types of assistance, or a combination of services;

(2) identify the availability of existing training programs that may be adapted to meet the employer’s needs;

(3) identify the resources the employer may provide to support the training, including:

(i) equipment;

(ii) facilities; and

(iii) materials;

(4) identify or develop appropriate curricula; and

(5) determine the most cost-effective approach to meeting training needs.
Md. Code, Courts and Judicial Proceedings § 3-2A-06C — MD Code / Article gcj / Title 3 / Subtitle 2A / Section 3-2A-06C
§3–2A–06C.
Status: in_force

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

(2) “Alternative dispute resolution” means mediation, neutral case evaluation, neutral fact–finding, or a settlement conference.

(3) “Mediation” has the meaning stated in Title 17 of the Maryland Rules.

(4) “Mediator” means an individual who conducts mediation.

(5) “Neutral case evaluation” has the meaning stated in Title 17 of the Maryland Rules.

(6) “Neutral fact–finding” has the meaning stated in Title 17 of the Maryland Rules.

(7) “Neutral provider” means an individual who conducts neutral case evaluation or neutral fact–finding.

(8) “Settlement conference” has the meaning stated in Title 17 of the Maryland Rules.

(b) (1) This section does not apply if:

(i) All parties file with the court an agreement not to engage in alternative dispute resolution; and

(ii) The court finds that alternative dispute resolution under this section would not be productive.

(2) In determining whether alternative dispute resolution would not be productive under paragraph (1)(ii) of this subsection, the court may consider whether the parties have already engaged in alternative dispute resolution.

(c) In addition to the qualifications and requirements of Title 17 of the Maryland Rules, the Supreme Court of Maryland may adopt rules requiring a mediator, neutral provider, or individual conducting a settlement conference to have experience with health care malpractice claims.

(d) Within 30 days of the later of the filing of the defendant’s answer to the complaint or the defendant’s certificate of a qualified expert under § 3–2A–04 of this subtitle, the court shall order the parties to engage in alternative dispute resolution at the earliest possible date.

(e) (1) Within 30 days of the later of the filing of the defendant’s answer to the complaint or the defendant’s certificate of a qualified expert under § 3–2A–04 of this subtitle, the parties may choose a mediator, neutral provider, or individual to conduct a settlement conference.

(2) If the parties choose a mediator, neutral provider, or individual to conduct a settlement conference, the parties shall notify the court of the name of the individual.

(f) (1) If the parties do not notify the court that they have chosen a mediator, neutral provider, or individual to conduct a settlement conference within the time required under subsection (e) of this section, the court shall assign a mediator, neutral provider, or individual to conduct a settlement conference to the claim within 30 days.

(2) (i) Within 15 days after the parties are notified of the identity of the mediator, neutral provider, or individual conducting a settlement conference, a party may object in writing to the selection, stating the reasons for the objection.

(ii) If the court sustains the objection, the court shall appoint a different mediator, neutral provider, or individual to conduct a settlement conference.

(3) A mediator, neutral provider, or individual conducting a settlement conference shall follow the “Maryland Standards of Practice for Mediators, Arbitrators, and Other ADR Practitioners” adopted by the Supreme Court of Maryland.

(g) The mediator, neutral provider, or individual conducting a settlement conference shall schedule an initial conference with the parties as soon as practicable.

(h) (1) At least 15 days before the initial conference, the parties shall send to the mediator, neutral provider, or individual conducting a settlement conference a brief written outline of the strengths and weaknesses of the party’s case.

(2) A party may not be required to provide to another party the written outline described in paragraph (1) of this subsection.

(i) (1) Alternative dispute resolution under this section may not operate to delay discovery in the action.

(2) If the mediator, neutral provider, or individual conducting a settlement conference finds that the parties need to engage in discovery for a limited period of time in order to facilitate the alternative dispute resolution, the mediator, neutral provider, or individual conducting a settlement conference may mediate the scope and schedule of discovery needed to proceed with the alternative dispute resolution, adjourn the initial conference, and reschedule an additional conference for a later date.

(j) A neutral expert may be employed in alternative dispute resolution under this section as provided in Title 17 of the Maryland Rules.

(k) In accordance with Maryland Rule 17–109, the outline described in subsection (h) of this section and any written or oral communication made in the course of a conference under this section:

(1) Are confidential;

(2) Do not constitute an admission; and

(3) Are not discoverable.

(l) Unless excused by the mediator, neutral provider, or individual conducting a settlement conference, the parties and the claims representative for each defendant shall appear at all conferences held under this section.

(m) A party who fails to comply with the provisions of subsection (h), (k), or (l) of this section is subject to the sanctions provided in Maryland Rule 2–433.

(n) (1) If a case is settled, the parties shall notify the court that the case has been settled.

(2) If the parties agree to settle some but not all of the issues in dispute, the mediator, neutral provider, or individual conducting a settlement conference shall file a written notice of partial settlement with the court.

(3) If the parties have not agreed to a settlement the mediator, neutral provider, or individual conducting a settlement conference shall file a written notice with the court that the case was not settled.

(o) Unless otherwise agreed by the parties, the costs of alternative dispute resolution shall be divided equally between the parties.

(p) An individual who conducts alternative dispute resolution shall have the immunity from suit described under § 5–615 of this article.
Md. Code, Commercial Law § 3-411 — MD Code / Article gcl / Title 3 / Subtitle 4 / Section 3-411
§3–411.
Status: in_force

(a) In this section, “obligated bank” means the acceptor of a certified check or the issuer of a cashier's check or teller's check bought from the issuer.

(b) If the obligated bank wrongfully (i) refuses to pay a cashier's check or certified check, (ii) stops payment of a teller's check, or (iii) refuses to pay a dishonored teller's check, the person asserting the right to enforce the check is entitled to compensation for expenses and loss of interest resulting from the nonpayment and may recover consequential damages if the obligated bank refuses to pay after receiving notice of particular circumstances giving rise to the damages.

(c) Expenses or consequential damages under subsection (b) are not recoverable if the refusal of the obligated bank to pay occurs because (i) the bank suspends payments, (ii) the obligated bank asserts a claim or defense of the bank that it has reasonable grounds to believe is available against the person entitled to enforce the instrument, (iii) the obligated bank has a reasonable doubt whether the person demanding payment is the person entitled to enforce the instrument, or (iv) payment is prohibited by law.
Md. Code, Labor and Employment § 3-304 — MD Code / Article gle / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

(a) In this section, “providing less favorable employment opportunities” means:

(1) assigning or directing the employee into a less favorable career track, if career tracks are offered, or position;

(2) failing to provide information about promotions or advancement in the full range of career tracks offered by the employer; or

(3) limiting or depriving an employee of employment opportunities that would otherwise be available to the employee but for the employee’s sex, sexual orientation, or gender identity.

(b) (1) An employer may not discriminate between employees in any occupation by:

(i) paying a wage to employees at a rate less than the rate paid to other employees if the employees work in the same establishment and perform work of comparable character or work on the same operation, in the same business, or of the same type and the pay difference is based on the race, religious beliefs, sex, gender identity, or sexual orientation of the employees; or

(ii) providing less favorable employment opportunities based on sex, race, religious beliefs, sexual orientation, disability, or gender identity.

(2) For purposes of paragraph (1)(i) of this subsection, an employee shall be deemed to work at the same establishment as another employee if the employees work for the same employer at workplaces located in the same county of the State.

(c) Except as provided in subsection (d) of this section, subsection (b) of this section does not prohibit a variation in a wage that is based on:

(1) a seniority system that does not discriminate on the basis of sex, sexual orientation, or gender identity;

(2) a merit increase system that does not discriminate on the basis of sex, sexual orientation, or gender identity;

(3) jobs that require different abilities or skills;

(4) jobs that require the regular performance of different duties or services;

(5) work that is performed on different shifts or at different times of day;

(6) a system that measures performance based on a quality or quantity of production; or

(7) a bona fide factor other than sex, sexual orientation, or gender identity, including education, training, or experience, in which the factor:

(i) is not based on or derived from a gender–based differential in compensation;

(ii) is job related with respect to the position and consistent with a business necessity; and

(iii) accounts for the entire differential.

(d) This section does not preclude an employee from demonstrating that an employer’s reliance on an exception listed in subsection (c) of this section is a pretext for discrimination on the basis of sex, sexual orientation, gender identity, religious beliefs, race, or disability.

(e) An employer who is paying a wage in violation of this subtitle may not reduce another wage to comply with this subtitle.
Md. Code, Education § 3-304 — MD Code / Article ged / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

(a) The county board shall meet at least once each month.

(b) Except for those actions authorized by subsection (c) of this section, all actions of the county board shall be taken at a public meeting and a record of the meeting and all actions shall be made public.

(c) The county board may take actions in closed session in accordance with § 3–305 of the General Provisions Article.
Md. Code, Real Property § 3-201 — MD Code / Article grp / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

The effective date of a deed is the date of delivery, and the date of delivery is presumed to be the date of the last acknowledgment, if any, or the date stated on the deed, whichever is later. Every deed, when recorded, takes effect from its effective date as against the grantor, his personal representatives, every purchaser with notice of the deed, and every creditor of the grantor with or without notice.
Md. Code, Commercial Law § 3-403 — MD Code / Article gcl / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

(a) Unless otherwise provided in this title or Title 4, an unauthorized signature is ineffective except as the signature of the unauthorized signer in favor of a person who in good faith pays the instrument or takes it for value. An unauthorized signature may be ratified for all purposes of this title.

(b) If the signature of more than one person is required to constitute the authorized signature of an organization, the signature of the organization is unauthorized if one of the required signatures is lacking.

(c) The civil or criminal liability of a person who makes an unauthorized signature is not affected by any provision of this title which makes the unauthorized signature effective for the purposes of this title.
Md. Code, Labor and Employment § 3-309 — MD Code / Article gle / Title 3 / Subtitle 3 / Section 3-309
§3–309.
Status: in_force

(a) In this section, “Commission” means the Equal Pay Commission.

(b) There is an Equal Pay Commission in the Division of Labor and Industry.

(c) The Commission consists of the following members:

(1) the Secretary of Labor, or the Secretary’s designee;

(2) the Commissioner, or the Commissioner’s designee;

(3) the Executive Director of the Commission on Civil Rights, or the Executive Director’s designee; and

(4) the following members, appointed by the Governor:

(i) three representatives of business in the State who have been nominated by State business organizations and business trade associations;

(ii) two representatives of labor organizations who have been nominated by labor federations;

(iii) two representatives of organizations:

1. whose objectives include the elimination of pay disparities between individuals of one sex or gender identity and minorities and nonminorities; and

2. who have undertaken advocacy, educational, or legislative initiatives in pursuit of those objectives; and

(iv) three representatives of higher education or research institutions:

1. who have experience and expertise in the collection and analysis of data concerning pay disparities; and

2. whose research has been used in efforts to promote the elimination of those disparities.

(d) To the extent practicable, the composition of the Commission shall reflect the race, gender, and geographic diversity of the population of the State.

(e) (1) The term of a member appointed by the Governor is 4 years.

(2) The terms of the members are staggered as required by the terms provided for the members of the Commission on June 1, 2016.

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

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

(f) The Governor shall designate the chair of the Commission.

(g) A member of the Commission:

(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.

(h) The Commission shall:

(1) continually evaluate the extent of wage disparities in the public and private sectors in the State between individuals of one race, sex, or gender identity and individuals of another race, sex, or gender identity, based on all available data;

(2) establish a mechanism for the Commissioner to collect data from employers in the State to assist the Commission in its efforts to evaluate the disparities listed in item (1) of this subsection;

(3) develop a comprehensive strategy to determine and recommend best practices regarding equal pay for equal work to individuals, employers, and policymakers;

(4) study and make recommendations regarding whether and to what extent administrative and legal processes and remedies can be streamlined and harmonized across this subtitle and other employment antidiscrimination laws;

(5) develop partnerships with private sector entities and other public sector entities to identify:

(i) methods of developing a data collection mechanism;

(ii) effective methods of outreach through which the Commission may raise the awareness of employers about the provisions of this subtitle; and

(iii) potential funding sources to help the Division of Labor and Industry absorb costs associated with staffing the Commission and implementing the Commission’s charge; and

(6) share data and findings with the Commissioner to assist in enforcement actions under this subtitle.

(i) On or before December 15, 2017, and on or before December 15 of each year thereafter, the Commission shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Finance Committee and the House Economic Matters Committee regarding any findings and recommendations, including any recommended legislation.
Md. Code, State Government § 3-307 — MD Code / Article gsg / Title 3 / Subtitle 3 / Section 3-307
§3–307.
Status: in_force

(a) On the filing of a complaint against a civil or military officer who may be suspended or removed from office by the Governor, the Governor:

(1) shall provide to the respondent:

(i) a copy of the complaint; and

(ii) notice of the time when the Governor shall hear the complaint;

(2) may summon any witness to testify concerning the complaint, pay the witness a fee of $1 a day for attending, and reimburse the witness for travel expenses incurred in testifying;

(3) may designate one or more individuals to attend on the Governor’s behalf any part of any hearing that relates to the establishment of the facts of the complaint; and

(4) may order either party or the State to pay any costs of the proceeding.

(b) The Governor, in the same manner as a court of the State, may enforce:

(1) the attendance of a witness summoned under subsection (a)(2) of this section; or

(2) an order under subsection (a)(4) of this section for payment of costs by a party or the State.

(c) If the State is ordered to pay costs under subsection (a)(4) of this section, the Comptroller shall issue a warrant to the Treasurer to pay the costs.
Md. Code, Public Safety § 3-209.2 — MD Code / Article gps / Title 3 / Subtitle 2 / Section 3-209.2
§3–209.
Status: in_force

§3–209.2.

Employment by a business licensed as a dispensary, grower, or processor under Title 13, Subtitle 33 of the Health – General Article does not constitute involvement in the illegal distribution, production, cultivation, transportation, or sale of a controlled dangerous substance for purposes of police officer certification or recertification if the individual’s employment was not terminated for illegal or improper conduct.
Md. Code, Business Regulation § 3-314 — MD Code / Article gbr / Title 3 / Subtitle 3 / Section 3-314
§3–314.
Status: in_force

(a) An amusement owner affected by a regulation adopted under this subtitle may apply in writing to the Commissioner for a variance from the regulation.

(b) The Commissioner may grant a variance from a regulation adopted under this subtitle if:

(1) the variance is necessary to prevent undue hardship; or

(2) an existing condition makes compliance with the regulation impracticable and the Commissioner believes that the reasonable safety of the public can be ensured.
Md. Code, Public Safety § 3-112 — MD Code / Article gps / Title 3 / Subtitle 1 / Section 3-112
§3–112.
Status: in_force

A record relating to an administrative or criminal investigation of misconduct by a police officer, including an internal affairs investigatory record, a hearing record, and records relating to a disciplinary decision, may not be:

(1) expunged; or

(2) destroyed by a law enforcement agency.
Md. Code, Financial Institutions § 3-510 — MD Code / Article gfi / Title 3 / Subtitle 5 / Section 3-510
§3–510.
Status: in_force

A trust company, acting in a fiduciary capacity, may invest money in one or more common trust funds if:

(1) The trust company holds the money for investment; and

(2) The instrument or authorization that created the fiduciary relationship does not contain any terms inconsistent with this type of investment.
Md. Code, Agriculture § 3-304 — MD Code / Article gag / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

The Secretary may refuse to issue a license or may suspend or revoke a license on any of the following grounds:

(1) Fraudulent or deceptive statement on an application for a license;

(2) Conviction of a violation of any of the provisions of this subtitle or the rules or regulations adopted pursuant to it; or

(3) Frequent or numerous violations of departmental rules and regulations.
Md. Code, Courts and Judicial Proceedings § 3-8A-17.1 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-17.1
§3–8A–17.
Status: in_force

§3–8A–17.1.

(a) (1) At any time after a petition alleging that a child has committed a delinquent act is filed with the court under this subtitle, the court on its own motion, or on motion of the child’s counsel or the State’s Attorney, shall stay all proceedings and order that the Maryland Department of Health or any other qualified expert conduct an evaluation of the child’s competency to proceed if the court finds that:

(i) There is probable cause to believe that the child has committed the delinquent act; and

(ii) There is reason to believe that the child may be incompetent to proceed with a waiver hearing under § 3–8A–06 of this subtitle, an adjudicatory hearing under § 3–8A–18 of this subtitle, a disposition hearing under § 3–8A–19 of this subtitle, or a violation of probation hearing.

(2) An evaluation ordered under paragraph (1) of this subsection shall be performed by a qualified expert.

(3) This subsection may not be construed to prohibit the State or the child from calling other expert witnesses to testify at a competency hearing.

(b) Any motion questioning the child’s competency to proceed, and any subsequent legal pleading relating to the child’s competency to proceed, shall be served on the child’s counsel, the State’s Attorney, the Department of Juvenile Services, and the Maryland Department of Health.
Md. Code, Election Law § 3-201 — MD Code / Article gel / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

(a) An individual may apply to become a registered voter:

(1) at a local board office or the State Board office;

(2) at a registration site administered by a local board;

(3) by mail;

(4) when applying to the Motor Vehicle Administration for the issuance, renewal, or modification of a driver’s license or identification card;

(5) when applying for services at a voter registration agency;

(6) through the State Board’s online voter registration system; or

(7) with the assistance of a volunteer authorized by the State or local board.

(b) An individual who is at least 18 years old or will be 18 years old on or before the day of the next succeeding general or special election may be a volunteer under subsection (a)(7) of this section.
Md. Code, Health - General § 3-402 — MD Code / Article ghg / Title 3 / Subtitle 4 / Section 3-402
§3–402.
Status: in_force

A registered nurse shall comply with:

(1) The formulary developed and approved under § 3–403(b) of this subtitle; and

(2) The requirements of § 8–512 of the Health Occupations Article.
Md. Code, Courts and Judicial Proceedings § 3-2A-03A — MD Code / Article gcj / Title 3 / Subtitle 2A / Section 3-2A-03A
§3–2A–03A.
Status: reserved

(a) There is a Health Claims Arbitration Fund.

(b) At the time of the filing of any claim or a response to a claim, the Director shall collect a fee of:

(1) $40 for the filing of the claim, including any third–party claim; and

(2) $25 for the filing of the response to the claim.

(c) (1) The Director shall pay all filing fees collected under this subtitle to the Comptroller of the State.

(2) The Comptroller shall distribute:

(i) 20% of the filing fees received from the Director to the General Fund of the State; and

(ii) The balance of the filing fees to the Health Care Alternative Dispute Resolution Office.

(d) (1) The Fund shall be used exclusively to pay the fees of arbitrators and other operating expenses of the Health Care Alternative Dispute Resolution Office.

(2) In accordance with the assessment of costs under § 3–2A–05(f) of this subtitle, the parties to an arbitration shall reimburse the Fund for all fees paid to the arbitrators from the Fund.

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

(2) (i) Subject to subparagraph (ii) of this paragraph, any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified under this subtitle.

(ii) Unspent portions of the Fund that exceed $100,000 at the end of any fiscal year shall revert to the General Fund.

(f) (1) The Director shall administer the Fund.

(2) Money in the Fund may be expended only for any lawful purpose authorized by this subtitle.

(g) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
Md. Code, Election Law § 3-403 — MD Code / Article gel / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

(a) A voter residing in a municipal corporation is considered to be registered for elections in that municipal corporation if the voter is included on the statewide voter registration list at an address within the municipal corporation.

(b) (1) Not less than 6 months prior to its municipal election, each municipal corporation shall submit a request to the appropriate local board for the development of a plan and a schedule to implement universal registration.

(2) The application shall include the name of the individual designated as the municipal corporation liaison who is responsible for working with the local board in the development of the plan and the schedule for implementation of the plan.

(c) Within 10 days after receipt of the application, the local board shall respond to the municipal corporation liaison and shall designate a local board liaison.

(d) At a mutually agreed upon time, the local board liaison and the municipal corporation liaison shall conduct meetings with other appropriate individuals, if required, for the purpose of developing a schedule and plan for implementing registration under this title.

(e) The plan shall include:

(1) procedures for identifying by geographical reference the municipal boundaries, precincts, wards, or districts and the methods for including this information in the statewide voter registration database;

(2) information on whether the municipal corporation wants the exclusion or inclusion of political party affiliation on the voter registry, and whether the local board can provide the exclusion or inclusion;

(3) the format of the voter registry, and whether it is to be divided according to a registrant’s municipal polling place;

(4) information on whether:

(i) the dates of birth are to be printed on the voter registry;

(ii) the names of registrants under the age of 18 years are to be included on the voter registry; and

(iii) the board can provide these exclusions or inclusions;

(5) the timing for furnishing the voter registry for use in the municipal elections, including the deadline for accepting voter registration applications of those individuals residing in the municipal corporation prior to the municipal elections;

(6) procedures for obtaining, updating, and maintaining in the statewide voter registration list the voter history of registrants who vote in municipal elections; and

(7) procedures for obtaining, updating, and maintaining changes to the boundaries of the municipal corporation, the precincts, the wards, or the districts that result from annexations, subdivision development, street name changes, or street abandonments.

(f) (1) The local board shall provide to a municipal corporation at no cost a certified list of registered voters residing within the boundaries of the municipal corporation in compliance with the plan established pursuant to subsection (e) of this section.

(2) (i) On request by a municipal corporation, the local board shall also provide at no cost a certified list of registered voters who reside within the boundaries of the municipal corporation 90 days prior to the municipal election. The request for this preliminary list of voters shall be made to the board before or during the negotiations authorized in subsection (d) of this section.

(ii) Within 20 days after receiving the preliminary list of registered voters, a municipal corporation shall notify the local board of any potential errors in the list of registered voters, including errors in the residency of registered voters.

(iii) If the actual residency of any individual listed on the voter registry is in doubt, the local board shall notify the individual in accordance with § 3-502 of this title within 10 days after receiving notification from the municipal corporation.

(g) This section may not be construed to prohibit a municipal corporation from administering and maintaining a supplemental list of those individuals who are not on the statewide voter registration list but who may otherwise be qualified to register to vote with the municipal corporation.

(h) (1) Whenever the registration of any voter is removed for any reason from the supplemental voter registry maintained by the municipal corporation, the municipal corporation shall send a notice of this action and the reason for the action to the last known address of the voter.

(2) The voter shall be given at least 15 days to respond to indicate whether the voter wishes to remain on the municipal corporation’s voter registry.

(3) If the voter wishes to remain on the list and continues to be qualified under the municipal corporation’s voter registration requirements, the voter’s name shall be reinstated to the municipal corporation’s supplemental voter registry upon written request of the voter.

(i) (1) The State shall reimburse a local board or a county government for reasonable initial set-up costs of implementing the plan for universal registration, including the costs associated with:

(i) the identification of the appropriate boundaries; and

(ii) the identification of voters who are to be included in the voter registry.

(2) The local board shall request and, subject to the approval of the State Board, receive a reimbursement for these costs from a fund administered by the State Board. The initial set-up costs incurred directly by a municipal corporation may be reimbursed for circumstances authorized by the State Board.

(j) Upon request by the municipal corporation, the local board shall provide voter registration forms to the municipal corporation.

(k) The State Board shall cooperate with the local boards and municipal election officials to effectuate the provisions of this section.
Md. Code, Courts and Judicial Proceedings § 3-8A-17.6 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-17.6
§3–8A–17.
Status: in_force

§3–8A–17.6.

(a) At a competency hearing, if the court determines that the child is incompetent to proceed, but that there is a substantial probability that the child may be able to attain competency in the foreseeable future and that services are necessary to attain competency, the court may order the Maryland Department of Health to provide competency attainment services for the child for an initial period of not more than 90 days.

(b) Any competency attainment services shall be provided in the least restrictive environment.

(c) Subject to subsection (d) of this section, the court may order a child to be placed in a facility for children if:

(1) The child is detained under § 3–8A–15 of this subtitle at the time of the competency hearing; and

(2) The court finds after a hearing on the issue that:

(i) Placement in a facility is necessary to protect the child or others, or the child is likely to leave the jurisdiction of the court; and

(ii) No less restrictive alternative placement is available that will protect the child or the community or prevent the child from leaving the jurisdiction of the court.

(d) A child may not be:

(1) Unless the child’s individualized treatment plan developed under § 10–706 of the Health – General Article otherwise indicates, provided services in any group with persons who are at least 18 years old;

(2) Placed in a detention facility; or

(3) Placed in a psychiatric hospital, except in accordance with Title 10, Subtitle 6 of the Health – General Article.
Md. Code, Courts and Judicial Proceedings § 3-826 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-826
§3–826.
Status: in_force

(a) (1) Unless the court directs otherwise, a local department shall provide all parties with a written report at least 10 days before any scheduled disposition, permanency planning, or review hearing under § 3-819 or § 3-823 of this subtitle.

(2) The time requirements specified in paragraph (1) of this subsection do not apply to an emergency review placement hearing under § 3-820 of this subtitle.

(b) If a child is committed to a person or agency under this subtitle, the court may order the custodian to file periodic written progress reports, with copies sent to all parties.
Md. Code, Estates and Trusts § 3-102 — MD Code / Article get / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

(a) Subject to subsections (b) and (c) of this section, the share of a surviving spouse or registered domestic partner shall be the entire intestate estate.

(b) If there is a surviving minor child, the share shall be one–half.

(c) If there is no surviving minor child, but there is surviving issue who are not issue of the surviving spouse or registered domestic partner, the share shall be the first $100,000 plus one–half of the residue.

(d) For the purposes of this section, the net estate shall be calculated without a deduction for the tax as defined in § 7–308 of the Tax – General Article.
Md. Code, Education § 3-4A-01 — MD Code / Article ged / Title 3 / Subtitle 4A / Section 3-4A-01
§3–4A–01.
Status: in_force

(a) The Cecil County Board consists of six members as follows:

(1) One voting member elected from each of the five commissioner districts; and

(2) One nonvoting student member.

(b) The five voting members of the county board shall be elected at a general election as required by subsection (c) of this section.

(c) (1) A member from a county commissioner district shall be a resident of the district.

(2) A member from a county commissioner district who no longer resides in the district may not continue as a member of the county board.

(3) A candidate elected to the county board shall be a registered voter and resident of Cecil County for at least 3 years.

(d) (1) Except as provided under subsection (e) of this section, each voting member serves for a term of 4 years beginning on the first Monday in December after the member’s election and until a successor is elected and qualifies.

(2) A voting member may not serve for more than three terms.

(3) The Governor shall appoint a new member to fill any vacancy on the county board for the remainder of that term and until a successor is elected and qualifies.

(e) The terms of the voting members are staggered as follows:

(1) Members of the county board from commissioner districts 3, 4, and 5 shall be elected at the 2006 general election and every 4 years thereafter; and

(2) Members of the county board from commissioner districts 1 and 2 shall be elected at the 2008 general election and every 4 years thereafter.

(f) (1) The student member shall:

(i) Be an eleventh or twelfth grade student in the Cecil County public school system elected by the high school students of the county in accordance with procedures established by the school system;

(ii) Serve for 1 year beginning on July 1 after the election of the member;

(iii) Be a nonvoting member; and

(iv) Advise the county board on the thoughts and feelings of students.

(2) Unless invited to attend by an affirmative vote of a majority of the county board, the student member may not attend an executive session.
Md. Code, Criminal Law § 3-209 — MD Code / Article gcr / Title 3 / Subtitle 2 / Section 3-209
§3–209.
Status: in_force

(a) Subject to subsection (b) of this section, a person charged with a crime under § 3–202, § 3–203, § 3–204, or § 3–205 of this subtitle may assert any judicially recognized defense.

(b) The discovery or perception of, or belief about, another person’s race, color, national origin, sex, gender identity, sexual orientation, religious beliefs, or disability, whether or not accurate, is not a defense to the crime of assault in any degree.
Md. Code, Insurance § 3-324 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-324
§3–324.
Status: in_force

(a) This section does not apply to insurance of risks of the State or a political subdivision of the State.

(b) The premiums charged for surplus lines insurance are subject to a premium receipts tax of 3% on all gross premiums, less any returned premiums, charged for surplus lines insurance.

(c) For policies effective before July 21, 2011:

(1) if the policy covers property, risks, or exposures located or to be performed entirely in the State, the premium receipts tax shall be computed on the entire premium at the rate specified in subsection (b) of this section; and

(2) if the policy covers property, risks, or exposures located or to be performed both in and outside the State, the premium receipts tax shall be computed at the rate specified in subsection (b) of this section only on that portion of the premium that is properly allocable to the risks located in the State.

(d) For policies effective on or after July 21, 2011, if the State is the insured’s home state, the premium receipts tax shall be computed on the entire premium at the rate specified in subsection (b) of this section.

(e) For policies effective on or after July 21, 2011, only the home state of an insured may receive premium receipts tax payments and reports for nonadmitted insurance.

(f) (1) On delivery of the cover note, certificate of insurance, policy, or other initial confirmation of insurance, a surplus lines broker shall charge the insured the amount of the premium receipts tax in addition to the full amount of the gross premium charged by the insurer for the surplus lines insurance.

(2) The surplus lines broker shall return to the insured the premium receipts tax on any unearned part of the premium.

(g) The surplus lines broker may not:

(1) absorb the premium receipts tax; or

(2) rebate all or part of the premium receipts tax or the surplus lines broker’s commission.

(h) The Commissioner shall cooperate with other states to adopt and implement uniform requirements for nonadmitted insurance in compliance with the Act.

(i) For policies effective on or after July 21, 2011, the regulation of nonadmitted insurance is subject to the statutory and regulatory requirements solely of the home state of the insured.
Md. Code, Courts and Judicial Proceedings § 3-806 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-806
§3–806.
Status: in_force

(a) (1) In every county, one or more judges shall be assigned specially to handle cases arising under this subtitle and Subtitle 8A of this title.

(2) The assignment shall be made by the circuit administrative judge, subject to the approval of the Chief Justice of the Supreme Court of Maryland.

(3) The judges so assigned are not subject to an automatic regular rotation.

(b) To the extent feasible, the judges assigned under this section shall:

(1) Desire to be so assigned;

(2) Have the temperament necessary to deal properly with the cases and children likely to come before the court; and

(3) Have special experience or training in juvenile causes and the problems of children likely to come before the court.
Md. Code, Labor and Employment § 3-1105 — MD Code / Article gle / Title 3 / Subtitle 11 / Section 3-1105
§3–1105.
Status: in_force

(a) If a circuit court orders the establishment of a lien for unpaid wages, the employee may record the lien for unpaid wages by filing a wage lien statement under subsection (c) of this section.

(b) If the employer fails to file a timely complaint disputing the notice of wage lien, the employee may record the lien for unpaid wages by filing a wage lien statement under subsection (c) of this section along with proof of service in accordance with Maryland Rule 2–126.

(c) A wage lien statement may be recorded:

(1) for a lien against real property, by filing a wage lien statement, in a form prescribed by the Commissioner, with the clerk of the circuit court for the county where any portion of the property is located; and

(2) for a lien against personal property, by filing a wage lien statement in the same manner, form, and place as a financing statement under Title 9, Subtitle 5 of the Commercial Law Article.

(d) (1) If an employee does not record a wage lien statement within 180 days after the lien for unpaid wages is established, a lien for unpaid wages shall be extinguished without prejudice.

(2) If payment is made or a bond is filed for the amount of wages and damages stated in the wage lien statement, the recorded lien for unpaid wages shall be released.

(e) A lien for unpaid wages recorded under this section shall be considered a secured claim that has priority:

(1) from the date of the court order establishing the lien for unpaid wages; or

(2) if no complaint disputing the lien for unpaid wages is filed, from the date that the employee filed the wage lien statement.

(f) Subsequent bona fide purchasers of any property subject to a recorded lien for unpaid wages are deemed to have constructive notice of the lien for unpaid wages from date of recordation of a wage lien statement.
Md. Code, Transportation § 3-506 — MD Code / Article gtr / Title 3 / Subtitle 5 / Section 3-506
§3–506.
Status: in_force

Bonds issued under this subtitle and their issuance and sale are exempt from the provisions of §§ 8-206 and 8-208 of the State Finance and Procurement Article.
Md. Code, Education § 3-13A-07 — MD Code / Article ged / Title 3 / Subtitle 13A / Section 3-13A-07
§3–13A–07.
Status: in_force

(a) A student member of the county board shall be selected in accordance with procedures established by the county board.

(b) (1) Each student member shall:

(i) Be an 11th or 12th grade student in good standing and regularly enrolled in the Wicomico County public school system;

(ii) Serve for 1 year beginning July 1 after the selection of the member;

(iii) Be a nonvoting member; and

(iv) Advise the county board on the thoughts and feelings of students in the Wicomico County public schools.

(2) Unless invited to attend by an affirmative vote of a majority of the elected members of the county board, a student member may not attend a closed session of the county board.
Md. Code, Criminal Law § 3-603 — MD Code / Article gcr / Title 3 / Subtitle 6 / Section 3-603
§3–603.
Status: in_force

(a) A person may not sell, barter, or trade, or offer to sell, barter, or trade, a minor for money, property, or anything else of value.

(b) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both for each violation.
Md. Code, Economic Development § 3-108 — MD Code / Article gec / Title 3 / Subtitle 1 / Section 3-108
§3–108.
Status: in_force

The Board shall advise the Secretary on the best methods to implement the policy directives of the action plan for manufacturing competitiveness in the State, including:

(1) encouraging the development of new manufacturing enterprises and the expansion and retention of existing manufacturing enterprises;

(2) encouraging and facilitating training and education of individuals for manufacturing jobs;

(3) producing a climate conducive to the growth and viability of manufacturing enterprises;

(4) supporting research necessary to evaluate, plan, and execute effective promotion of manufacturing enterprises; and

(5) encouraging, assisting, and coordinating the activities of local, regional, and national public or private organizations that promote manufacturing.
Md. Code, Criminal Law § 3-604 — MD Code / Article gcr / Title 3 / Subtitle 6 / Section 3-604
§3–604.
Status: in_force

(a) (1) In this section and §§ 3–605 and 3–606 of this subtitle the following words have the meanings indicated.

(2) (i) “Abuse” means the sustaining of physical pain or injury by a vulnerable adult as a result of cruel or inhumane treatment or as a result of a malicious act under circumstances that indicate that the vulnerable adult’s health or welfare is harmed or threatened.

(ii) “Abuse” includes the sexual abuse of a vulnerable adult.

(iii) “Abuse” does not include an accepted medical or behavioral procedure ordered by a health care provider authorized to practice under the Health Occupations Article or § 13–516 of the Education Article acting within the scope of the health care provider’s practice.

(3) “Caregiver” means a person under a duty to care for a vulnerable adult because of a contractual undertaking to provide care.

(4) “Family member” means a relative of a vulnerable adult by blood, marriage, adoption, or the marriage of a child.

(5) “Household” means the location:

(i) in which the vulnerable adult resides;

(ii) where the abuse or neglect of a vulnerable adult is alleged to have taken place; or

(iii) where the person suspected of abusing or neglecting a vulnerable adult resides.

(6) “Household member” means an individual who lives with or is a regular presence in a home of a vulnerable adult at the time of the alleged abuse or neglect.

(7) (i) “Neglect” means the intentional failure to provide necessary assistance and resources for the physical needs of a vulnerable adult, including:

1. food;

2. clothing;

3. toileting;

4. essential medical treatment;

5. shelter; or

6. supervision.

(ii) “Neglect” does not include the provision of nonmedical remedial care and treatment for the healing of injury or disease that is:

1. given with the consent of the vulnerable adult; and

2. recognized by State law in place of medical treatment.

(8) “Serious physical injury” means physical injury that:

(i) creates a substantial risk of death; or

(ii) causes permanent or protracted serious:

1. disfigurement;

2. loss of the function of any bodily member or organ; or

3. impairment of the function of any bodily member or organ.

(9) (i) “Sexual abuse” means an act that involves sexual molestation or exploitation of a vulnerable adult.

(ii) “Sexual abuse” includes:

1. incest;

2. rape;

3. sexual offense in any degree; and

4. any other sexual conduct that is a crime.

(10) “Vulnerable adult” means an adult who lacks the physical or mental capacity to provide for the adult’s daily needs.

(b) (1) A caregiver, a parent, or other person who has permanent or temporary care or responsibility for the supervision of a vulnerable adult may not cause abuse or neglect of the vulnerable adult that:

(i) results in the death of the vulnerable adult;

(ii) causes serious physical injury to the vulnerable adult; or

(iii) involves sexual abuse of the vulnerable adult.

(2) A household member or family member may not cause abuse or neglect of a vulnerable adult that:

(i) results in the death of the vulnerable adult;

(ii) causes serious physical injury to the vulnerable adult; or

(iii) involves sexual abuse of the vulnerable adult.

(c) A person who violates this section is guilty of the felony of abuse or neglect of a vulnerable adult in the first degree and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

(d) A sentence imposed under this section shall be in addition to any other sentence imposed for a conviction arising from the same facts and circumstances unless the evidence required to prove each crime is substantially identical.