Md. Code, Labor and Employment § 11-105 — MD Code / Article gle / Title 11 / Subtitle 1 / Section 11-105
§11–105.
Status: in_force

(a) In this section, “Accountability and Implementation Board” means the Accountability and Implementation Board established under § 5–402 of the Education Article.

(b) For fiscal years 2022 through 2031, the Division shall pursue federal grant money for apprenticeship programs to be used:

(1) for grants to apprentice sponsors to create, expand, and improve registered apprenticeship programs; and

(2) to cover the cost of the State apprenticeship tax credit under § 10–742 of the Tax – General Article.

(c) On or before December 31, 2021, the Division shall present a 10–year plan to pursue federal grant money under subsection (b) of this section to the Governor’s Workforce Development Board, the Accountability and Implementation Board, and, in accordance with § 2–1257 of the State Government Article, the Senate Budget and Taxation Committee and the House Committee on Ways and Means.
Md. Code, Local Government § 11-601 — MD Code / Article glg / Title 11 / Subtitle 6 / Section 11-601
§11–601.
Status: in_force

(a) In this section, “regular employee” does not include:

(1) an employee, as defined in § 4–501 of the Labor and Employment Article;

(2) an appointed official;

(3) an elected official; or

(4) a supervisory, managerial, or confidential employee.

(b) This section applies only in code counties in the Southern Maryland class, as established in § 9–302 of this article.

(c) (1) A county may enact a local law to provide regular employees of the county the right to organize and bargain collectively with binding arbitration through representative employee organizations chosen by the regular employees.

(2) A local law enacted in accordance with this section shall:

(i) provide definitions of and remedies for unfair labor practices; and

(ii) prohibit strikes or work stoppages by represented regular employees.

(d) A local law enacted in accordance with this section may not affect the rights and duties of a county and any exclusive representatives under a local law enacted in accordance with Title 4, Subtitle 5 of the Labor and Employment Article.
Md. Code, Courts and Judicial Proceedings § 11-101 — MD Code / Article gcj / Title 11 / Subtitle 1 / Section 11-101
§11–101.
Status: in_force

Except as otherwise provided by law, a money judgment, penalty, fine, or forfeiture rendered or imposed by any court of the State shall be expressed in dollars and cents.
Md. Code, Estates and Trusts § 11-107 — MD Code / Article get / Title 11 / Subtitle 1 / Section 11-107
§11–107.
Status: in_force

Whenever a will or other governing instrument:

(1) Specifically authorizes a fiduciary to satisfy a legacy or transfer by selection and distribution of assets in kind; and

(2) Provides that the value of the assets to be distributed shall be determined by reference to their value for purposes of payment of federal estate taxes, the fiduciary shall distribute assets, including cash, having an aggregate fair market value at the date or dates of distribution amounting to no less than the amount of the legacy or transfer as finally determined for federal estate tax purposes unless the will or other governing instrument expressly directs to the contrary.
Md. Code, State Government § 11-502 — MD Code / Article gsg / Title 11 / Subtitle 5 / Section 11-502
§11–502.
Status: in_force

(a) This subtitle may not be construed to require a hearing or to require a State unit to participate in a hearing on an application for a development permit before the State unit if the law governing the development permit involved does not require a hearing.

(b) A State unit that does not hold a hearing on an application for a development permit shall proceed in accordance with the law and procedures applicable to the issuance of development permits by that State unit, except that the State unit shall act on the application within 60 days after receiving the completed application.
Md. Code, Economic Development § 11-311 — MD Code / Article gec / Title 11 / Subtitle 3 / Section 11-311
§11–311.
Status: in_force

(a) The Board shall approve additional professional and clerical staff as necessary to carry out this subtitle.

(b) The Board may retain accountants, engineers, lawyers, financial advisors, or other consultants as necessary to carry out this subtitle.
Md. Code, Commercial Law § 11-1301 — MD Code / Article gcl / Title 11 / Subtitle 13 / Section 11-1301
§11–1301.
Status: in_force

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

(b) “Agreement” means a contract or other agreement between a grantor and a distributor.

(c) (1) “Cancel” means to terminate an agreement prior to the natural expiration date of its term.

(2) “Cancel” includes a de facto cancellation.

(d) “Commercial goods” means, as those terms are defined in the wholesale trade section of the 1987 edition of the federal Office of Management and Budget’s Standard Industrial Classification Manual, durable goods, except for:

(1) Motor vehicles and motor vehicle parts and supplies;

(2) Furniture;

(3) Office equipment, computers, computer peripheral equipment, and software; and

(4) Prerecorded tapes, cassettes, film, and videos and books or other similar items for which copyright protection might be available.

(e) “De facto cancellation” means actions taken by the grantor that:

(1) Materially alter the competitive business and economic conditions of a distributor;

(2) Are not applicable to similarly situated distributors of that grantor’s products; and

(3) Are intended to be discriminatory and detrimental to the distributor.

(f) “Deficiency” means the failure of a distributor to comply substantially with the fair, reasonable, and material requirements imposed or sought to be imposed on the distributor by the grantor.

(g) (1) “Distributor” means a person:

(i) Whose primary business is the wholesale distribution of commercial goods for resale;

(ii) Who maintains an inventory of commercial goods for resale;

(iii) Who has been granted either expressly or implicitly the right to sell or distribute a grantor’s commercial goods in Maryland for resale to retailers or other resellers or to an industrial or commercial manufacturer; and

(iv) Who conducts a substantial business in Maryland.

(2) “Distributor” does not include:

(i) A sales representative that does not maintain an inventory of commercial goods; or

(ii) A direct seller whose work is exempt from covered employment under § 8-206(b) of the Labor and Employment Article.

(h) “Grantor” means a person, including a manufacturer, that grants distribution and sales rights to a distributor.
Md. Code, Insurance § 11-315 — MD Code / Article gin / Title 11 / Subtitle 3 / Section 11-315
§11–315.
Status: in_force

(a) All homeowner’s insurance rates shall be made in accordance with the principles set forth in this section.

(b) (1) An insurer under a homeowner’s insurance policy may not classify or maintain an insured for a period longer than 3 years in a classification that entails a higher premium because of a specific claim.

(2) For the purpose of determining whether to classify an insured in a classification that entails a higher premium, an insurer may review only a period not greater than 3 years before:

(i) if the policy has not yet been issued:

1. the date of the application; or

2. the proposed effective date of the policy; or

(ii) on renewal of a policy, the effective date of the renewal.

(3) (i) The removal of, reduction of, or refusal to apply a discount is not a violation of this subsection if the claim resulting in the removal of, reduction of, or refusal to apply the discount was filed not more than 5 years before the removal, reduction, or refusal.

(ii) Subparagraph (i) of this paragraph may not be construed to prevent an insurer from granting a claim–free discount to an insured.
Md. Code, Economic Development § 11-206 — MD Code / Article gec / Title 11 / Subtitle 2 / Section 11-206
§11–206.
Status: in_force

The Council shall make reasonable efforts to:

(1) identify the public infrastructure and other community support necessary to improve the mission efficiencies and for the development and expansion of existing military installations in the State;

(2) identify the existing and potential impacts of encroachment on military installations in the State;

(3) identify potential State and community actions that may minimize the impacts of encroachment and enhance the long–term potential of military installations;

(4) identify opportunities for collaboration among military contractors, local governments, the State, academic institutions, and military departments to enhance the economic potential of military installations and the economic benefits of military installations to the State;

(5) review State policies, including funding and legislation, to identify actions necessary to provide State and local government support to the mission of each military installation in the State; and

(6) research how other jurisdictions have addressed the issues regarding encroachment and partnership formation, with an emphasis on the most recent edition of the joint publication of the National Governors Association Center for Best Practices and the United States Department of Defense entitled “Practical Guide to Compatible Civilian Development Near Military Installations”.
Md. Code, Agriculture § 11-313 — MD Code / Article gag / Title 11 / Subtitle 3 / Section 11-313
§11–313.
Status: in_force

When in package form, and when packed, possessed, offered, or exposed for sale or sold at retail, wheat flour, whole wheat flour, graham flour, self-rising wheat flour, phosphated wheat flour, bromated flour, enriched flour, enriched self-rising flour, enriched bromated flour, corn flour, cornmeal, and hominy grits shall be packaged only in units of 2, 5, 10, 25, 50, or 100 pounds, or multiples of 100 pounds, avoirdupois weight. However, this section does not apply to prepared ready-mixed flours and meals, and special cake flours in packages the net contents of which are less than 5 pounds.
Md. Code, Financial Institutions § 11-216 — MD Code / Article gfi / Title 11 / Subtitle 2 / Section 11-216
§11–216.
Status: in_force

(a) Subject to the hearing provisions of § 11-217 of this subtitle, the Commissioner may suspend or revoke the license of any licensee who:

(1) Violates any provision of the Maryland Consumer Loan Law; or

(2) Knowingly and repeatedly violates any provision of the Maryland Consumer Debt Collection Act.

(b) (1) The Commissioner shall revoke the license of any licensee who is convicted twice of violating § 12-316 of the Commercial Law Article if the second violation occurs after the first conviction.

(2) The Commissioner may not issue another license to any person whose license is revoked under this subsection.

(c) If the Commissioner suspends or revokes a license, the Commissioner shall file in the Commissioner’s office:

(1) Findings; and

(2) A statement of all the facts on which the findings are based.
Md. Code, Financial Institutions § 11-209.1 — MD Code / Article gfi / Title 11 / Subtitle 2 / Section 11-209.1
§11–209.
Status: in_force

§11–209.1.

(a) A licensee may surrender a license through NMLS in accordance with the process that the Commissioner requires.

(b) If a license is surrendered voluntarily, or is suspended or revoked, the Commissioner may not refund any part of the license fee regardless of the time remaining in the license term.

(c) The surrender of a license does not affect any civil or criminal liability of the licensee for acts committed before the license was surrendered.
Md. Code, Labor and Employment § 11-806 — MD Code / Article gle / Title 11 / Subtitle 8 / Section 11-806
§11–806.
Status: in_force

(a) (1) The Adult Education and Literacy Services Office shall distribute competitive grants for adult education and literacy services in accordance with the State plan for services required under the authorizing federal law for adult education and literacy services.

(2) The grants distributed under this section shall be based on need and performance.

(3) Grants under this section may be used for adult education and literacy services, including:

(i) basic skills instruction;

(ii) preparation and instruction for obtaining a high school diploma by examination under § 11–808 of this subtitle;

(iii) the National External Diploma Program under § 11–807 of this subtitle;

(iv) Workplace Literacy Services and workforce preparation activities;

(v) English for speakers of other languages and integrated English literacy and civics education;

(vi) family literacy;

(vii) literacy instruction; and

(viii) integrated education and training.

(b) Funding for the competitive grants under this section shall be as provided in the State budget.

(c) On or before August 1 each year, the Department shall:

(1) compile a list by county of adult education and literacy services grant recipients for adult education and literacy services offered to the public;

(2) distribute the list to the county board and county superintendent or chief executive officer of each local school system in the State; and

(3) post the list on its public website.
Md. Code, Insurance § 11-303 — MD Code / Article gin / Title 11 / Subtitle 3 / Section 11-303
§11–303.
Status: in_force

(a) Notwithstanding Subtitle 2 of this title, this subtitle applies to the establishment of rates for all types of insurance except:

(1) life insurance;

(2) annuities;

(3) health insurance;

(4) marine insurance described in § 11–202(b)(2) of this title;

(5) aircraft insurance described in § 11–202(b)(3) of this title;

(6) reinsurance;

(7) title insurance;

(8) medical malpractice insurance;

(9) any form or plan of insurance regulated under § 27–217 of this article; and

(10) surety insurance.

(b) If and to the extent that the Commissioner finds that the application of any or all of the provisions of this subtitle is unnecessary to achieve the purposes of this subtitle, the Commissioner by rule may exempt a person or class of persons or a line or lines of insurance from any or all of those provisions.
Md. Code, Commercial Law § 11-403 — MD Code / Article gcl / Title 11 / Subtitle 4 / Section 11-403
§11–403.
Status: in_force

For the purposes of this subtitle, if an item of merchandise is advertised, offered for sale, or sold with any other item at a combined price, or is advertised, offered as a gift, or given with the sale of any other item, all of the items are considered to be advertised, offered for sale, or sold. The cost to the retailer or the cost to the wholesaler, as the case may be, of each item is governed by § 11-401(b) and (c), respectively, of this subtitle.
Md. Code, Courts and Judicial Proceedings § 11-401 — MD Code / Article gcj / Title 11 / Subtitle 4 / Section 11-401
§11–401.
Status: in_force

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

(b) “Court” means a court of law or a court of equity and includes the United States District Court for the District of Maryland, the United States Bankruptcy Court for the District of Maryland, the Supreme Court of Maryland, the Appellate Court of Maryland, a circuit court of a county or Baltimore City, and the District Court of Maryland.

(c) (1) “Money judgment” means a judgment determining that a specified amount of money is immediately payable to the judgment creditor.

(2) “Money judgment” does not include a judgment mandating the payment of money.
Md. Code, Criminal Procedure § 11-718 — MD Code / Article gcp / Title 11 / Subtitle 7 / Section 11-718
§11–718.
Status: in_force

(a) (1) If the Department or a local law enforcement unit finds that, to protect the public from a specific registrant, it is necessary to give notice of a registration statement, a change of address of the registrant, or a change in a county in which the registrant habitually lives to a particular person not otherwise identified under § 11–709 of this subtitle, then the Department or a local law enforcement unit shall give notice of the registration statement to that person.

(2) This notice is in addition to the notice required under § 11–709(b)(1) of this subtitle.

(b) (1) The Department and local law enforcement units shall establish procedures to carry out the notification requirements of this section, including the circumstances under and manner in which notification shall be provided.

(2) Appropriate notification procedures include those identified in § 11-709 of this subtitle.

(c) A local law enforcement unit and the Department may not release the identity of a victim of a crime that requires registration under this subtitle.

(d) A disclosure under this section does not limit or prohibit any other disclosure allowed or required under law.
Md. Code, State Personnel and Pensions § 11-306 — MD Code / Article gsp / Title 11 / Subtitle 3 / Section 11-306
§11–306.
Status: in_force

As of the effective date of an employment termination, the individual whose employment is terminated:

(1) is a former employee; and

(2) shall have the appeal rights provided by this title.
Md. Code, Transportation § 11-108 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-108
§11–108.
Status: in_force

“Combination” means a combination of a motor vehicle with one or more other vehicles propelled or pushed as a unit.
Md. Code, Financial Institutions § 11-404 — MD Code / Article gfi / Title 11 / Subtitle 4 / Section 11-404
§11–404.
Status: in_force

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

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

(ii) Provide all the information that the Commissioner requests.

(2) The application shall include:

(i) The applicant’s legal name and any trade name used by the applicant in accordance with § 2–121 of this article;

(ii) The applicant’s principal executive office address;

(iii) If the applicant is not an individual, the name and residence address of each control person;

(iv) The address of each additional location, if any, that:

1. The general public may reasonably view as a location that does business as a sales finance company, including any location that investigates customer complaints or directly communicates with customers verbally, electronically, or in writing;

2. Houses any core operational infrastructure or technology systems;

3. Conducts any core management, information security and technology, risk and compliance, or finance functions; or

4. Is otherwise required to be listed in NMLS by regulation the Commissioner adopts under this subtitle; and

(v) Any other pertinent information that the Commissioner requires.

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

(1) An investigation fee of $100; and

(2) A license fee of $125.
Md. Code, Correctional Services § 11-310 — MD Code / Article gcs / Title 11 / Subtitle 3 / Section 11-310
§11–310.
Status: reserved

(a) Repealed.

(b) Repealed.

(c) Repealed.

(d) (1) A county may accept and use federal funds specifically designated to finance programs or staff in excess of the minimum State standards adopted by the Secretary under § 11–305 of this subtitle.

(2) As long as the specifically designated federal funds are used for programs or staff in excess of the minimum State standards, the State subsidy may not be reduced because of the specifically designated federal funds.
Md. Code, Transportation § 11-162 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-162
§11–162.
Status: in_force

“Stop” means:

(1) Where used in a mandatory sense, the complete cessation from movement; and

(2) Where used in a prohibitory sense, to halt even momentarily a vehicle, whether or not it is occupied, except when necessary to avoid conflict with other traffic or in compliance with the directions of a police officer or a traffic control device.
Md. Code, Correctional Services § 11-1001 — MD Code / Article gcs / Title 11 / Subtitle 10 / Section 11-1001
§11–1001.
Status: in_force

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

(b) In Harford County, “agency” means the Office of the Sheriff of Harford County.

(c) (1) “Correctional officer” has the meaning stated in § 8–201 of this article.

(2) “Correctional officer” does not include an officer who is in probationary status on initial entry into the correctional agency except if an allegation of brutality in the execution of the officer’s duties is made against the officer.

(d) (1) “Hearing” means a proceeding during an investigation conducted by a hearing board to take testimony or receive other evidence.

(2) “Hearing” does not include an interrogation at which no testimony is taken under oath.

(e) “Hearing board” means a board that is authorized by the managing official to hold a hearing on a complaint against a correctional officer.

(f) “Internal investigation unit” means the internal investigation unit of a correctional facility charged with the investigation of complaints within a correctional facility.

(g) In Harford County, “managing official” means the Sheriff of Harford County.
Md. Code, Correctional Services § 11-716 — MD Code / Article gcs / Title 11 / Subtitle 7 / Section 11-716
§11–716.
Status: in_force

(a) In this section, “warden” means the warden of the Kent County Detention Center.

(b) This section applies only in Kent County.

(c) The County Commissioners may establish under the Kent County Detention Center programs for:

(1) community service;

(2) home detention;

(3) pretrial release; and

(4) work release.

(d) The County Commissioners shall adopt regulations necessary to implement each program established under this section.

(e) At the time of sentencing or at any time during an individual’s confinement, the court may allow an individual to participate in any program established under this section if the individual:

(1) is sentenced to the custody of the warden; and

(2) has no other charges pending in any jurisdiction.

(f) An incarcerated individual designated to participate in a program under this section may leave the Kent County Detention Center to:

(1) continue regular employment;

(2) seek new employment; or

(3) receive therapy for drug or alcohol addiction.

(g) (1) The warden or warden’s designee shall collect the earnings of an incarcerated individual designated to participate in a work release program, less any payroll deduction required by law.

(2) From the earnings of the incarcerated individual, the warden shall deduct and disburse an amount:

(i) the warden determines to be the cost to the county for providing food, lodging, and clothing for the incarcerated individual;

(ii) the county actually incurs for necessary food, travel, and other expenses incidental to participation by the incarcerated individual in the program;

(iii) a court imposes for a fine, cost, or restitution;

(iv) the incarcerated individual is legally obligated to pay, or reasonably wants to pay, for support of a dependent; and

(v) a court orders the incarcerated individual to repay to the State or to the county for the services of an attorney appointed by the court.

(3) The warden shall:

(i) credit to the incarcerated individual’s account any remaining balance; and

(ii) dispose of the balance in the incarcerated individual’s account as the incarcerated individual reasonably requests and as the warden approves.

(h) (1) If an incarcerated individual violates a trust or a condition that the court or the Kent County Detention Center establishes for conduct or employment, the incarcerated individual is subject to:

(i) removal from a program specified in subsection (c) of this section; and

(ii) cancellation of any earned diminution of the incarcerated individual’s term of confinement.

(2) If a condition that a court imposes on an incarcerated individual is inconsistent with a regulation adopted under this section, the condition imposed by the court controls as to that incarcerated individual.

(3) If an incarcerated individual violates a trust or a condition that a court or the detention center establishes, the Kent County Detention Center shall notify the sentencing court in writing of the violation.

(i) (1) Incarcerated individuals of the Kent County Detention Center who are employed under § 11–602 of this title shall pay:

(i) court–ordered payments for restitution; and

(ii) the reasonable cost of the food, lodging, and clothing of the incarcerated individual.

(2) The County Commissioners shall:

(i) establish a reasonable per diem rate for the food, lodging, and clothing of an incarcerated individual; and

(ii) designate the warden as the agent to collect these costs.

(j) (1) Subject to paragraph (2) of this subsection, the county may collect from an incarcerated individual who is sentenced to the Kent County Detention Center for nonconsecutive periods of 48 hours or less an amount determined to be the average cost to the county of providing food, lodging, and clothing for the incarcerated individual.

(2) A court may waive any or all of the charge specified in paragraph (1) of this subsection.

(k) (1) The warden or warden’s designee may authorize compassionate leave under this subsection for any incarcerated individual committed to the Kent County Detention Center:

(i) to visit a seriously ill member of the immediate family of the incarcerated individual; or

(ii) to attend a viewing or funeral of a member of the immediate family of the incarcerated individual.

(2) An incarcerated individual who is granted compassionate leave may be required to reimburse the Kent County Detention Center for any expenses that the detention center incurs in granting the leave.

(3) The warden shall adopt regulations necessary to carry out this subsection.
Md. Code, Business Regulation § 11-1312 — MD Code / Article gbr / Title 11 / Subtitle 13 / Section 11-1312
§11–1312.
Status: in_force

(a) This compact shall be liberally construed so as to effectuate its purposes.

(b) The provisions of this compact shall be severable.

(c) If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution of the United States, the remainder of this compact shall remain in full force and effect.

(d) If any phrase, clause, sentence, or provision of this compact is declared to be contrary to the constitution or laws of a party state, subject to the provision of § 1305(b), the compact shall remain in full force and effect as to the remaining states.

(e) If the applicability of this compact to any government, agency, person or circumstance is held invalid, the applicability of the compact to other governments, agencies, persons or circumstances shall not be affected thereby.
Md. Code, Labor and Employment § 11-606 — MD Code / Article gle / Title 11 / Subtitle 6 / Section 11-606
§11–606.
Status: in_force

§11–606. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2029 PER CHAPTER 485 OF 2022 //

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

(2) “Covered individual” means an individual who:

(i) has been convicted of a criminal offense;

(ii) 1. has completed a term of imprisonment in federal prison or a State or local correctional facility; or

2. is approved for release by a correctional facility for the purpose of participating in a training program; and

(iii) meets the offense eligibility requirements set forth in any applicable policy notice or other guidance issued by the Small Business Administration for the federal microloan program established under 15 U.S.C. § 636(m).

(3) “Program” means the Maryland New Start Grant Program.

(b) (1) There is a Maryland New Start Grant Program in the Department.

(2) The Department shall administer the Program.

(c) The purpose of the Program is to provide grants to organizations to create or support existing entrepreneurship development programs to provide assistance to covered individuals.

(d) (1) As provided in the budget, the Department shall make grants in accordance with this subsection to at least five eligible organizations.

(2) (i) An organization may apply for a grant under the Program.

(ii) An organization may partner with another organization for purposes of applying for a grant under the Program and conducting entrepreneurial development programming.

(iii) An application for a grant under the Program shall:

1. demonstrate strong community ties, including those with the covered individual community and local businesses;

2. demonstrate an ability to provide a full range of entrepreneurial development programming on an ongoing basis;

3. include a plan for reaching covered individuals, including by identifying particular target populations within the community;

4. clearly define entrepreneurial development capabilities, including coordination with existing local resource partners of the Department for additional training as necessary;

5. present an entrepreneurship development curriculum, which may be a nationally recognized model or based on a nationally recognized model;

6. include a list of each partner organization; and

7. include a comprehensive plan for the use of grant funds, including estimates for administrative and outreach costs of running and evaluating the entrepreneurship development program.

(iv) The Department may provide specific additional eligibility and application requirements for a grant under the Program.

(3) An entrepreneurship development program for covered individuals implemented under the Program shall include:

(i) a business plan competition for imprisoned individuals;

(ii) reentry services, including a work–readiness program;

(iii) executive mentoring with local business owners;

(iv) entrepreneurial training; and

(v) in accordance with Title 5, Subtitle 19 of the Economic Development Article, access to financing.

(4) In determining whether to award a grant under the Program, the Department may give priority to an application submitted in accordance with subsection (c) of this section based on:

(i) whether the application includes a commitment from an existing or new non–State funding source to meet the matching requirement under subsection (e) of this section;

(ii) whether the application takes into account local economies and markets as a part of the educational component of the entrepreneurship development program; and

(iii) the ability or plan of the applicant to provide entrepreneurial development services concurrent with employment or job training services.

(e) (1) As a condition of a grant provided under the Program, the Department shall require the recipient of the grant to contribute an amount equal to 25% of the amount of the grant, obtained solely from existing or new non–State sources.

(2) In addition to cash or other direct funding, the contribution required under paragraph (1) of this subsection may include indirect costs or in–kind contributions paid for under non–State programs.

(f) (1) (i) In fiscal year 2024, the Governor shall include in the annual budget bill an appropriation of at least $200,000 for the Program.

(ii) In fiscal years 2025 through 2028, the Governor shall include in the annual budget bill an appropriation of at least $50,000 for the Program.

(2) The Department may not utilize more than 10% of the money appropriated for the Program for administrative costs.

(g) (1) Subject to paragraph (2) of this subsection, an organization awarded a grant by the Department under the Program shall submit an annual report to the Department on the use of grant funds received under the Program.

(2) The report required under paragraph (1) of this subsection shall contain, with respect to the entrepreneurship development program created or supported by the organization under the Program:

(i) a list of other organizations, if any, with which the person has partnered to conduct an entrepreneurial development program;

(ii) the characteristics of covered individuals assisted under the entrepreneurship development program, including the race and ethnicity, gender, age, marital status, parental status, employment status, income, banking and credit history, and prior business experience of the individuals;

(iii) the participation and attendance rates for all components of the entrepreneurship development program;

(iv) the program retention rate;

(v) the percentage of participants who have not been charged with a new criminal violation or a violation of a condition of parole or probation during the calendar year of the program;

(vi) the level of the covered individuals’ understanding of business concepts and principles;

(vii) the level of the covered individuals’ greater confidence in leadership strengths, including the results of an industry–recognized behavioral assessment;

(viii) the progress made by covered individuals toward establishing a business;

(ix) the experiences and perceptions of the covered individuals;

(x) the number and dollar amount of loans made to qualified covered individuals; and

(xi) any additional information that the Department may require.

(h) On or before January 1, 2029, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:

(1) the funds included in the State budget and appropriated for the Program for each fiscal year during the life of the Program;

(2) the services that grant recipients provided to covered individuals assisted under entrepreneurship development programs;

(3) oversight of the Program by the Department, including policies and procedures for monitoring the compliance by grant recipients with Program requirements and an assessment of the effectiveness of the Program; and

(4) the overall performance of the Program and the impacts of the Program on grant recipients.

(i) The Department shall adopt regulations necessary to carry out this section.
Md. Code, Corporations and Associations § 11-504 — MD Code / Article gca / Title 11 / Subtitle 5 / Section 11-504
§11–504.
Status: in_force

(a) Any security may be registered by qualification.

(b) A registration statement under this section shall contain the following information and be accompanied by the following documents, in addition to the information specified in § 11-507(a) of this subtitle and the consent to service of process required by § 11-802(a) of this title:

(1) With respect to the issuer and any significant subsidiary:

(i) Its name, address, and form of organization;

(ii) The state or foreign jurisdiction and date of its organization;

(iii) The general character and location of its business;

(iv) A description of its physical properties and equipment; and

(v) A statement of the general competitive conditions in the industry or business in which it is or will be engaged;

(2) With respect to every director and officer of the issuer, or person occupying a similar status or performing similar functions:

(i) His name, address, and principal occupation for the past five years;

(ii) The amount of securities of the issuer held by him as of a specified date within 30 days of the filing of the registration statement;

(iii) The amount of the securities covered by the registration statement to which he has indicated his intention to subscribe; and

(iv) A description of any material interest in any material transaction with the issuer or any significant subsidiary effected within the past three years or proposed to be effected;

(3) With respect to every person covered by item (2) of this subsection, the remuneration paid during the past 12 months and estimated to be paid during the next 12 months, directly or indirectly, by the issuer, together with every predecessor, parent, subsidiary and affiliate, to all those persons in the aggregate;

(4) With respect to any person owning of record or, if known, beneficially 10 percent or more of the outstanding shares of any class of equity security of the issuer, the information specified in item (2) of this subsection other than his occupation;

(5) With respect to every promoter, if the issuer was organized within the past three years:

(i) The information specified in item (2) of this subsection;

(ii) Any amount paid to him within that period or intended to be paid to him; and

(iii) The consideration for the payment;

(6) With respect to any person on whose behalf any part of the offering is to be made in a nonissuer distribution:

(i) His name and address;

(ii) The amount of securities of the issuer held by him as of the date of the filing of the registration statement;

(iii) A description of any material interest in any material transaction with the issuer or any significant subsidiary effected within the past three years or proposed to be effected; and

(iv) A statement of his reasons for making the offering;

(7) The capitalization and long-term debt, on both a current and a pro forma basis, of the issuer and any significant subsidiary, including a description of each security outstanding, being registered, or otherwise offered, and a statement of the amount and kind of consideration, whether in the form of cash, physical assets, services, patents, goodwill, or anything else, for which the issuer or any subsidiary has issued any of its securities within the past two years or is obligated to issue any of its securities;

(8) (i) The kind and amount of securities to be offered;

(ii) The proposed offering price or the method by which it is to be computed;

(iii) Any variation from the price or method at which any proportion of the offering is to be made to any person or class of persons other than the underwriters, with a specification of the person or class;

(iv) The basis on which the offering is to be made if other than for cash;

(v) The estimated aggregate underwriting and selling discounts or commissions and finders’ fees, including, separately, cash, securities, contracts, or anything else of value to accrue to the underwriters or finders in connection with the offering, or, if the selling discounts or commissions are variable, the basis of determining them and their maximum and minimum amounts, the estimated amounts of other selling expenses, including legal, engineering, and accounting charges;

(vi) The name and address of every underwriter and every recipient of a finder’s fee;

(vii) A copy of any underwriting or selling-group agreement under which the distribution is to be made, or the proposed form of any agreement whose terms have not yet been determined; and

(viii) A description of the plan of distribution of any securities which are to be offered otherwise than through an underwriter;

(9) (i) The estimated cash proceeds to be received by the issuer from the offering;

(ii) The purposes for which the proceeds are to be used by the issuer;

(iii) The amount to be used for each purpose;

(iv) The order or priority in which the proceeds will be used for the purposes stated;

(v) The amounts of any funds to be raised from other sources to achieve the purposes stated;

(vi) The names of the funds; and

(vii) If any part of the proceeds is to be used to acquire any property, including goodwill, other than in the ordinary course of business, the names and addresses of the vendors, the purchase price, the names of any persons who have received commissions in connection with the acquisition, and the amounts of the commissions and any other expense in connection with the acquisition, including the cost of borrowing money to finance the acquisition;

(10) A description of any stock options or other security options outstanding or to be created in connection with the offering, together with the amount of the options held or to be held by every person required to be named in items (2), (4), (5), (6), or (8) of this subsection and by any person who holds or will hold 10 percent or more in the aggregate of the options;

(11) (i) The dates of, parties to, and general effect concisely stated of every management or other material contract made or to be made other than in the ordinary course of business if it is to be performed in whole or in part at or after the filing of the registration statement or was made within the past two years, together with a copy of every such contract; and

(ii) A description of any pending litigation or proceeding to which the issuer is a party and which materially affects its business or assets, including any such litigation or proceeding known to be contemplated by governmental authorities;

(12) Two copies of the prospectus required by subsection (d) of this section, together with a copy of any other prospectus, pamphlet, circular, form letter, advertisement, or other sales literature intended as of the effective date to be used in connection with the offering;

(13) (i) A specimen or copy of the security being registered;

(ii) A copy of the issuer’s articles of incorporation and bylaws or their substantial equivalents, as currently in effect; and

(iii) A copy of any indenture or other instrument covering the security to be registered;

(14) A signed or conformed copy of an opinion of counsel as to the legality of the security being registered, with an English translation if it is in a foreign language, which shall state whether the security when sold will be legally issued, fully paid and nonassessable, and, if a debt security, a binding obligation of the issuer;

(15) The written consent of any accountant, engineer, appraiser, or other person whose profession gives authority to a statement made by him, if any such person is named as having prepared or certified a report or valuation, other than a public and official document or statement, which is used in connection with the registration statement;

(16) (i) A balance sheet of the issuer as of a date within four months before the filing of the registration statement;

(ii) A profit and loss statement and analysis of surplus for each of the three fiscal years preceding the date of the balance sheet and for any period between the close of the last fiscal year and the date of the balance sheet, or for the period of the existence of the issuer and any predecessor if less than three years; and

(iii) If any part of the proceeds of the offering is to be applied to the purchase of any business, the same financial statements which would be required if that business were the registrant; and

(17) Any additional information which the Commissioner requires by rule or order.

(c) A registration statement under this section becomes effective when the Commissioner so orders.

(d) (1) As a condition of registration under this section, a prospectus containing any designated part of the information specified in subsection (b) of this section shall be sent or given to each person to whom an offer is made before or concurrently with the first to occur of:

(i) The first written offer made to him, other than by means of a public advertisement, by or for the account of the issuer or any other person on whose behalf the offering is being made or by any underwriter or broker-dealer who is offering part of an unsold allotment or subscription taken by him as a participant in the distribution;

(ii) The confirmation of any sale made by or for the account of the person;

(iii) Payment under the sale; or

(iv) Delivery of the security under the sale.

(2) Paragraph (1)(i) of this subsection may be satisfied by the use of a preliminary prospectus, so designated and bearing the legend which the Commissioner prescribes, if a final prospectus is sent or given to each recipient of the preliminary prospectus before or concurrently with whichever event in paragraph (1)(ii), (iii), and (iv) first occurs.
Md. Code, Corporations and Associations § 11-201 — MD Code / Article gca / Title 11 / Subtitle 2 / Section 11-201
§11–201.
Status: in_force

(a) There is a Division of Securities in the Office of the Attorney General. The Division shall administer this title.

(b) (1) The principal executive officer of the Division of Securities shall be the Securities Commissioner to be appointed by the Attorney General, who also shall have the power to employ those officers and employees necessary to carry out the purposes of this title.

(2) The Securities Commissioner shall be a practicing lawyer of this State in good standing, shall hold his office at the pleasure of the Attorney General, and shall receive the salary provided in the State budget.

(c) The Attorney General also shall appoint an assistant securities commissioner who, after appointment, shall hold that position subject generally to the provisions of Division I of the State Personnel and Pensions Article. If a vacancy occurs in the position of assistant securities commissioner, the vacancy shall be filled by a person appointed by the Attorney General subject to the provisions of Division I of the State Personnel and Pensions Article. Each person appointed shall hold his position subject generally to those provisions.
Md. Code, Education § 11-601 — MD Code / Article ged / Title 11 / Subtitle 6 / Section 11-601
§11–601.
Status: in_force

(a) (1) By August 1, 1993, the governing body of each institution of higher education shall adopt and submit to the Commission a written policy on sexual assault.

(2) The policy adopted under paragraph (1) of this subsection shall apply to each student, faculty member, and employee of the institution and inform the students, faculty members, and employees of their rights and duties under the policy.

(b) (1) Each institution of higher education shall post at appropriate locations on each campus and distribute to its students, faculty members, and employees a copy of the policy adopted under subsection (a) of this section.

(2) Each institution of higher education shall implement the policy adopted under subsection (a) of this section.

(c) The sexual assault policy required under subsection (a) of this section shall conform with § 485(f) of the Higher Education Act of 1965 as amended, Title IX of the Education Amendments of 1972, and any additional requirements under this section and shall include procedures for reporting an incident of sexual assault and for taking disciplinary actions against a violator of the policy, including provisions for:

(1) Informing a victim of a sexual assault of the right to file criminal charges with the appropriate law enforcement official;

(2) The prompt assistance of campus authorities, at the request of the victim, in notifying the appropriate law enforcement officials and disciplinary authorities of an incident of sexual assault;

(3) Designation of the nearest hospitals equipped with the Department of State Police Sexual Assault Evidence Collection Kit;

(4) Full and prompt cooperation from campus personnel in obtaining appropriate medical attention, including transporting the victim to the nearest designated hospital;

(5) Offering counseling to a victim of sexual assault from mental health services provided by the institution, other victim service entities, or the nearest State designated rape crisis program;

(6) After a campus sexual assault has been reported, and upon the request of the alleged victim, the transfer of the alleged victim to alternative classes or housing, if such alternatives are available and feasible;

(7) Prohibiting the imposition of a campus conduct action, except for a mandatory intervention for substance abuse, for a violation of the alcohol or drug use policies of the institution of higher education for a student who reports to the institution or a law enforcement officer an incidence of sexual assault or who participates in an investigation of a sexual assault as a witness if:

(i) The institution of higher education determines the violation occurred during or near the time of the alleged sexual assault;

(ii) The student is determined to have made the report of sexual assault or is participating in an investigation as a witness in good faith; and

(iii) The institution of higher education determines that the violation was not an act that was reasonably likely to place the health or safety of another individual at risk;

(8) Prohibiting the institution of higher education from retaliating against a student who files a complaint for sexual assault or who participates as a witness in an investigation of a sexual assault; and

(9) Pursuing formalized agreements with:

(i) The local law enforcement agency that complies with the relevant provisions of Title IX of the Education Amendments of 1972 and clearly states when a school will refer a matter to local law enforcement; and

(ii) A State designated rape crisis program, federally recognized sexual assault coalition, or both that formalizes a commitment to provide trauma–informed services to victims of sexual assault and improve the overall response to sexual assault by the institution of higher education.

(d) (1) The governing body of each institution of higher education shall include in the sexual assault policy required under subsection (a) of this section provisions for disciplinary proceedings for alleged violations of the sexual assault policy.

(2) On or before August 1, 2019, the governing body of each institution of higher education shall adopt and submit a revised sexual assault policy that includes the disciplinary proceedings provisions required under paragraph (1) of this subsection.

(3) The disciplinary proceedings provisions required under paragraph (1) of this subsection shall include a description of the rights of a student who alleges a violation of or a student who responds to an allegation of a violation of the institution’s sexual assault policy, including:

(i) Treatment with dignity, respect, and sensitivity by officials of the institution of higher education during all phases of the disciplinary proceedings;

(ii) A fair and impartial investigation;

(iii) Disciplinary proceedings and resolutions that are prompt and equitable and provide an opportunity for the alleged victim and the alleged violator to be heard;

(iv) Timely written notice of:

1. The reported violation, including the date, time, and location of the alleged violation, and the range of potential sanctions associated with the alleged violation;

2. The student’s rights and responsibilities under the sexual assault policy and information regarding other civil and criminal options;

3. The date, time, and location of each hearing, meeting, or interview that the student is required or permitted to attend;

4. A final determination made by the adjudicating official or body regarding whether a sexual assault policy violation occurred and the basis for the determination;

5. Any sanction imposed; and

6. The student’s rights to appeal and a description of the appeal process;

(v) Participation in the disciplinary proceedings, including:

1. Access to the case file and evidence regarding the incident obtained by the institution of higher education during the investigation or considered by the adjudicating official or body, with personally identifiable or other information redacted as required by applicable law;

2. Offering testimony at a hearing or, if the institution’s process does not include a hearing, to the adjudicating official;

3. Submitting evidence, witness lists, and suggested specific questions to be posed to the other student involved in the disciplinary proceedings by investigators or the adjudicating official or body;

4. Providing and reviewing testimony electronically or in a way in which the students are not required to be in the physical presence of the other;

5. Reviewing and providing written responses to reports and proposed findings; and

6. Appealing a determination or a sanction;

(vi) Assistance by a licensed attorney, an advocate supervised by an attorney, or a trained advocate throughout the disciplinary proceedings, including by the attorney’s or advocate’s:

1. Attendance at hearings, meetings, and interviews with the student;

2. Private consultations with the student during hearings, meetings, and interviews, except during questioning of the student at a hearing; and

3. Assistance with the student’s exercise of any right during the disciplinary proceedings; and

(vii) Notwithstanding the choice that a student makes under paragraph (4)(v) of this subsection, the presence of no more than two people, including a personal supporter of the student’s choice, an attorney, or an advocate, at any hearing, meeting, or interview during the disciplinary proceedings.

(4) The disciplinary proceedings provisions required under paragraph (1) of this subsection shall:

(i) Require the institution of higher education to provide each student involved in disciplinary proceedings with notice, presented in an appropriate and sensitive format, before the start of the disciplinary proceedings, of:

1. The student’s right to the assistance of an attorney or an advocate;

2. The legal service organizations and referral services available to the student; and

3. The student’s right to have a personal supporter of the student’s choice at any hearing, meeting, or interview during the disciplinary proceedings;

(ii) Require the use of the same standard of proof used in other disciplinary proceedings at the institution of higher education for allegations of code of conduct violations involving discrimination or harm to another individual;

(iii) Except as provided in paragraph (5) of this subsection, prohibit the institution of higher education from using mediation to resolve an allegation of a violation of the institution’s sexual assault policy;

(iv) Prohibit the adjudicating official or body from considering certain evidence, including:

1. A student’s prior sexual history with an individual other than a party to the proceedings, except to:

A. Prove the source of injury;

B. Prove prior sexual misconduct;

C. Support a claim that a student has an ulterior motive; or

D. Impeach a student’s credibility after that student has put his or her own prior sexual conduct at issue; and

2. A student’s history of mental health counseling, treatment, or diagnosis, unless the student consents; and

(v) Authorize students to access counsel paid for by the Commission, as described under paragraph (6) of this subsection, for:

1. A current or former student who makes a complaint on which a formal Title IX investigation is initiated and who was enrolled as a student at the institution at the time of the incident that is the basis of the complaint, unless the student knowingly and voluntarily chooses not to have counsel; and

2. A current or former student who responds to a complaint on which a formal Title IX investigation is initiated and who was enrolled as a student at the institution at the time of the incident that is the basis of the complaint, unless the student knowingly and voluntarily chooses not to have counsel.

(5) The disciplinary proceedings provisions required under paragraph (1) of this subsection shall authorize an institution to use mediation or other informal mechanisms for resolving a complaint relating to the institution’s sexual assault policy if:

(i) The complaining student requests an informal mechanism;

(ii) All parties to the complaint, and the institution, agree to the use of the informal mechanism;

(iii) The institution participates in the informal mechanism by providing trained staff;

(iv) Any party may end the informal mechanism at any time in favor of a formal resolution proceeding; and

(v) The alleged misconduct does not involve sexual assault or sexual coercion.

(6) (i) The disciplinary proceedings provisions required under paragraph (1) of this subsection shall, unless a student waives counsel under paragraph (4)(v) of this subsection, require the Commission to pay reasonable costs and attorney’s fees for students provided counsel under paragraph (4)(v) of this subsection, as provided under this paragraph.

(ii) In consultation with State and local bar associations and legal services providers with expertise about sexual misconduct, the Commission shall develop a list of attorneys and legal services programs willing to represent students on a pro bono basis or at fees equivalent to those paid to attorneys under civil legal services programs administered by the Maryland Legal Services Corporation, established under Title 11 of the Human Services Article.

(iii) A student may select an attorney from the list developed under subparagraph (ii) of this paragraph.

(iv) 1. A student may select and retain an attorney prior to the conclusion of the formal Title IX proceedings.

2. An institution may not discourage a student from retaining an attorney.

(v) If a student selects and retains an attorney who is not on the list developed under subparagraph (ii) of this paragraph, the Commission shall pay fees to the attorney selected by the student that are equivalent to those paid to attorneys under civil legal services programs administered by the Maryland Legal Services Corporation.

(7) This subsection may not be construed to prohibit an institution of higher education from imposing interim safety measures.

(8) The Commission is not required to pay a student’s attorney’s fees for representation in a criminal or civil matter.

(e) The Commission shall:

(1) Coordinate the development of the sexual assault policies; and

(2) Periodically review and make recommendations for changes in these policies.

(f) (1) The Commission, in consultation with institutions of higher education, shall establish procedures for the administration of a sexual assault campus climate survey by each institution of higher education.

(2) The procedures shall require each institution of higher education to provide for the completion of the survey by various methods, including online.

(g) On or before March 1, 2016, and at least every 2 years thereafter, each institution of higher education shall:

(1) Develop an appropriate sexual assault campus climate survey using nationally recognized best practices for research and climate surveys; and

(2) Administer the sexual assault campus climate survey to students in accordance with the procedures established under subsection (f) of this section.

(h) (1) On or before June 1, 2016, and every 2 years thereafter, each institution of higher education shall submit to the Commission:

(i) A report on school specific results of the sexual assault survey; and

(ii) A report aggregating the data collected by the institution regarding sexual assault complaints made to the institution, including the:

1. Types of misconduct;

2. Outcome of each complaint;

3. Disciplinary actions taken by the institution;

4. Accommodations made to students in accordance with the sexual assault policy established under subsection (c) of this section; and

5. Number of reports involving alleged nonstudent perpetrators.

(2) In reporting the data under paragraph (1) of this subsection, the institution of higher education shall make reasonable efforts to protect student privacy.

(3) An institution of higher education shall submit the data required under paragraph (1) of this subsection together with the reporting requirements of the federal Jeanne Clery Disclosure of Campus Security Policy and Crime Statistics Act, as amended by the Violence Against Women Reauthorization Act of 2013.

(i) On or before October 1, 2016, and every 2 years thereafter, the Commission shall:

(1) Report to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Education, Health, and Environmental Affairs Committee, the Senate Budget and Taxation Committee, the House Health and Government Operations Committee, and the House Appropriations Committee on the reports required under subsection (h) of this section; and

(2) Publish the reports required under subsection (h) of this section on the Commission’s website and in any other location or venue the Commission determines is necessary or appropriate.

(j) Nothing in this subtitle shall be construed to confer a private cause of action upon any person to enforce the provisions of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 11-901 — MD Code / Article gab / Title 11 / Subtitle 9 / Section 11-901
§11–901.
Status: in_force

(a) There is a Class A beer, wine, and liquor license.

(b) (1) The license authorizes the license holder to sell beer, wine, and liquor at retail at the place described in the license.

(2) The license holder shall deliver the beer, wine, or liquor in a sealed package or container that may not be opened or its contents consumed on the licensed premises.

(c) A license may not be issued for a drugstore unless the applicant:

(1) has been doing business at the location applied for in the license for at least 1 year before the date of the application for the license;

(2) is the assignee of a business established for at least 1 year before the date of the application for the license at the location applied for; or

(3) has been engaged in the retail drug business for at least 3 years.

(d) The annual license fee is $720.
Md. Code, Tax - General § 11-232 — MD Code / Article gtg / Title 11 / Subtitle 2 / Section 11-232
§11–232.
Status: in_force

§11–232. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2036 PER CHAPTERS 17 AND 18 OF 2023 //

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

(2) (i) “Construction material” means an item of tangible personal property that is used to construct or renovate a building, a structure, or an improvement on land and that typically loses its separate identity as personal property once incorporated into the real property.

(ii) “Construction material” includes building materials, building systems equipment, landscaping materials, and supplies.

(3) “Target redevelopment area” means any real property owned or leased by a person in Baltimore County that:

(i) was previously owned at any time by Bethlehem Steel Corporation, or any of its subsidiaries; and

(ii) was, as of January 1, 2016, the subject of an approved application for participation in the Voluntary Cleanup Program under Title 7, Subtitle 5 of the Environment Article.

(4) “Warehousing equipment” means equipment used for material handling and storage, including racking systems, conveying systems, and computer systems and equipment.

(b) The sales and use tax does not apply to a sale of construction material or warehousing equipment, if:

(1) the material or equipment is purchased by a person solely for use in a target redevelopment area; and

(2) the buyer provides the vendor with evidence of eligibility for the exemption issued by the Comptroller.
Md. Code, Business Regulation § 11-209 — MD Code / Article gbr / Title 11 / Subtitle 2 / Section 11-209
§11–209.
Status: in_force

(a) Besides its other powers under this title, the Commission has the powers necessary or proper to carry out fully all the purposes of this title.

(b) (1) The jurisdiction, supervision, powers, and duties of the Commission extend to each person who holds racing for a purse, reward, or stake.

(2) In exercising the jurisdiction, supervision, powers, and duties of the Commission under this title, the Commission shall consider, in addition to any other factor the Commission considers important, the health, safety, and welfare of horses engaged in racing and training at tracks and training facilities in the State.

(c) (1) The Commission shall establish an Equine Health, Safety, and Welfare Advisory Committee.

(2) The Executive Director of the Commission shall appoint a member of the Commission to chair the Advisory Committee.

(3) The Advisory Committee consists of the following members:

(i) three members of the Commission, appointed by the Executive Director of the Commission;

(ii) one representative of each racing licensee;

(iii) one representative of the horsemen, appointed by an organization that represents the horsemen;

(iv) one representative of the horse breeders, appointed by an organization that represents the horse breeders;

(v) the Commission’s Equine Medical Director;

(vi) a veterinarian licensed in the State; and

(vii) any other individual with expertise in equine or racing industries that the Executive Director of the Commission appoints.

(4) The Executive Director of the Commission shall determine the time and location of Advisory Committee meetings.

(5) The Advisory Committee shall serve as an advisory body to the Commission on matters related to the health, safety, and welfare of horses engaged in racing and training at tracks and training facilities in the State.

(6) The Chairman of the Advisory Committee shall report regularly to the Commission on the activities of the Advisory Committee, including any recommendations for changes to rules, regulations, laws, or other conditions of racing.
Md. Code, Financial Institutions § 11-221 — MD Code / Article gfi / Title 11 / Subtitle 2 / Section 11-221
§11–221.
Status: in_force

This subtitle shall be interpreted and construed to effectuate its general remedial purpose.
Md. Code, State Government § 11-518 — MD Code / Article gsg / Title 11 / Subtitle 5 / Section 11-518
§11–518.
Status: in_force

(a) (1) On receiving notice of the time, date, and place of a joint hearing or consolidated hearing, the applicant shall give public notice of the application and hearing.

(2) The notice shall be published once in each of 2 successive weeks before the hearing in a newspaper of general circulation in each county in which the development project is to be located.

(b) The Coordinator shall publish notice of the application and hearing in the Maryland Register.

(c) Each notice under this section shall contain:

(1) a description of the development project, including its location, the land area involved, and the nature of the development project;

(2) a list of the local and State units that will participate in the hearing and their post office addresses and telephone numbers;

(3) a description of each development permit requested;

(4) the time, date, and place of the hearing; and

(5) if the hearing is a joint hearing with a local government or involves a unit of the federal government, any other information that the local government or federal unit requires.

(d) In addition to the notices required by this section, if the law governing the issuance of a development permit requires that a person or governmental unit provide notice of an application or a hearing to a particular person or unit, that person or governmental unit shall do so in the manner required by that law.
Md. Code, Criminal Procedure § 11-609 — MD Code / Article gcp / Title 11 / Subtitle 6 / Section 11-609
§11–609.
Status: in_force

(a) A judgment of restitution that a circuit court orders under Part I of this subtitle shall be recorded and indexed in the civil judgment index by the clerk of the circuit court as a money judgment as the Maryland Rules provide.

(b) A judgment of restitution that is recorded and indexed in the civil judgment index as a money judgment under subsection (a) of this section:

(1) in the county of entry of the judgment, is a lien from the date of entry in the amount of the judgment on the restitution obligor’s interest in land located in the county of the entry of the judgment; but

(2) in a county other than the county of entry of the judgment, is a lien from the date of recording in the amount of the judgment on the restitution obligor’s interest in land located in that county.
Md. Code, Transportation § 11-121.1 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-121.1
§11–121.
Status: in_force

§11–121.1.

“Fifth wheel travel trailer” means a travel trailer that is designed to be linked to a motor vehicle for towing purposes by means of a device commonly referred to as a fifth wheel.
Md. Code, Education § 11-905 — MD Code / Article ged / Title 11 / Subtitle 9 / Section 11-905
§11–905.
Status: in_force

Beginning in fiscal year 2009 and each fiscal year thereafter, the Governor shall include in the annual budget submission $200,000 for the Library to carry out its obligations under this subtitle.
Md. Code, Corporations and Associations § 11-302 — MD Code / Article gca / Title 11 / Subtitle 3 / Section 11-302
§11–302.
Status: in_force

(a) It is unlawful for any person who receives, directly or indirectly, any consideration from another person for advising the other person as to the value of securities or their purchase or sale, or for acting as an investment adviser or representative under § 11–101(i) and (j) of this title, whether through the issuance of analyses, reports, or otherwise, to:

(1) Employ any device, scheme, or artifice to defraud the other person;

(2) Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit on the other person;

(3) Engage in dishonest or unethical practices; or

(4) When acting as principal for the person’s own account knowingly sell any security to or purchase any security from a client, or when acting in an agency capacity for a person other than such client knowingly effect any sale or purchase of any security for the account of such client, without disclosing to such client in writing before the completion of such transaction the capacity in which the person is acting and obtaining the consent of the client to such transaction.

(b) The prohibitions of subsection (a)(4) of this section do not apply to any transaction with a customer of a broker-dealer if the broker-dealer is not acting as an investment adviser in relation to the transaction or to transactions by a federal covered adviser who is otherwise subject to the limitations on principal trades under the federal securities laws.

(c) In the solicitation of or in dealings with advisory clients, it is unlawful for any person willfully to make any untrue statement of a material fact, or omit to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading.

(d) (1) The Commissioner by rule or order may require that certain information be furnished or disseminated by investment advisers as appropriate in the public interest or for the protection of investors and advisory clients.

(2) To the extent determined by the Commissioner in the Commissioner’s discretion, information furnished to clients or prospective clients of an investment adviser that would be in compliance with the disclosure requirements of the Investment Advisers Act of 1940 and the rules thereunder may be used in whole or partial satisfaction of this requirement.

(e) (1) Except as permitted by rule or order of the Commissioner, it is unlawful for any investment adviser to enter into, extend, or renew any investment advisory contract, unless it provides in writing that:

(i) The investment adviser shall not be compensated on the basis of a share of capital gains on or capital appreciation of the funds or any portion of the funds of the client;

(ii) An assignment of the contract may not be made by the investment adviser without the consent of the other party to the contract; and

(iii) The investment adviser, if a partnership, shall notify the other party to the contract of any change in the membership of the partnership within a reasonable time after the change.

(2) Paragraph (1)(i) of this subsection does not prohibit an investment advisory contract which provides for compensation based on the total value of a fund averaged over a definite period or as of definite dates or taken as of a definite date.

(3) “Assignment”, as used in paragraph (1)(ii) of this subsection, includes any direct or indirect transfer or hypothecation of an investment advisory contract by the assignor or of controlling block of the assignor’s outstanding voting securities by a security holder of the assignor, but, if the investment adviser is a partnership, an assignment of an investment advisory contract is not considered to result from the death or withdrawal of a minority of the members of the investment adviser having only a minority interest in the business of the investment adviser, or from the admission to the investment adviser of one or more members who, after admission, will be only a minority of the members and will have only a minority interest in the business.

(f) It is unlawful for any investment adviser to take or have custody of any securities or funds of any client if:

(1) The Commissioner by rule prohibits custody; or

(2) In the absence of a rule, the investment adviser fails to notify the Commissioner that he has or may have custody.

(g) The Commissioner by rule or order may adopt exemptions from subsections (a)(4), and (e)(1)(i), (ii), and (iii) of this section, where such exemptions are consistent with the public interest and within the purposes fairly intended by the policy and provisions of this title.
Md. Code, Criminal Procedure § 11-501 — MD Code / Article gcp / Title 11 / Subtitle 5 / Section 11-501
§11–501.
Status: in_force

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

(b) “Victim” means a person who suffers direct or threatened physical, emotional, or financial harm as a direct result of a crime or delinquent act.

(c) “Victim’s representative” includes:

(1) a family member of a victim who is a minor, an incompetent, or a victim of homicide; or

(2) a guardian of a minor or an incompetent.
Md. Code, Health Occupations § 11-404.2 — MD Code / Article gho / Title 11 / Subtitle 4 / Section 11-404.2
§11–404.
Status: in_force

§11–404.2.

(a) (1) Except as provided in this subsection and in subsection (d) of this section for the treatment of open–angle glaucoma, a therapeutically certified optometrist may administer and prescribe therapeutic pharmaceutical agents for the prevention, management, or treatment of conditions and diseases of the eye and ocular adnexa.

(2) (i) A therapeutically certified optometrist may not administer or prescribe:

1. Controlled dangerous substances;

2. Except as provided in subparagraph (ii) of this paragraph, nontopical systemic immunosuppressive and immunomodulatory agents;

3. Oral antifungal agents; or

4. Oral and topical antimetabolite agents.

(ii) A therapeutically certified optometrist may administer or prescribe oral corticosteroids for not more than 1 month unless the therapeutically certified optometrist consults with a physician.

(3) A therapeutically certified optometrist may not administer or prescribe pharmaceutical agents that are:

(i) Delivered intravenously;

(ii) Given by injection, except a therapeutically certified optometrist may give an injection of epinephrine in the appropriate dose for the treatment of acute anaphylaxis or emergency resuscitation;

(iii) Given or delivered by a sustained delivery device, except for punctal plugs, contact lenses, or other extraocular devices that release medication into the tear film; or

(iv) For the treatment of a systemic disease unless specific to the treatment of an ocular condition or disease.

(b) (1) Except as provided in paragraph (2) of this subsection, a therapeutically certified optometrist may not administer or prescribe any oral pharmaceutical agent to a patient under the age of 18 years.

(2) (i) After a therapeutically certified optometrist consults with a physician, the therapeutically certified optometrist may prescribe and administer oral antibiotics to a minor who is at least 16 years old and under the age of 18 years.

(ii) A therapeutically certified optometrist shall provide the physician consulted in accordance with subparagraph (i) of this paragraph with a written report.

(c) (1) A therapeutically certified optometrist may administer and prescribe topical therapeutic pharmaceutical agents for glaucoma only for a patient who:

(i) Is at least 18 years old; and

(ii) Has open–angle glaucoma.

(2) (i) A therapeutically certified optometrist who treats a patient with open–angle glaucoma in accordance with this section shall refer the patient to an ophthalmologist for an examination within 3 months after the initial diagnosis or presentation to the therapeutically certified optometrist unless the intraocular pressure has been reduced 20% or more from the initial pressure.

(ii) A therapeutically certified optometrist who treats a patient with open–angle glaucoma in accordance with this section shall refer the patient to an ophthalmologist for an examination within 12 months after the initial diagnosis or presentation to the therapeutically certified optometrist unless clinical stability has been documented by visual field or imaging of the optic nerve structure.

(3) For a patient on glaucoma medications at the time of presentation to a therapeutically certified optometrist, if the therapeutically certified optometrist is unable to confirm either the date of initial open–angle glaucoma diagnosis or the intraocular pressure at the time the patient was initially diagnosed, the therapeutically certified optometrist may render treatment to a patient with open–angle glaucoma without referring the patient to an ophthalmologist if:

(i) The intraocular pressure of the patient remains stable; and

(ii) Clinical stability is documented by visual field or imaging of the optic nerve structure within 12 months after the patient is first examined by the optometrist.

(4) (i) For a patient who is at least 18 years old, a therapeutically certified optometrist may only administer or prescribe oral glaucoma medications for up to 24 hours after the patient presents in the office with uncontrolled intraocular pressure.

(ii) A therapeutically certified optometrist who administers or prescribes oral glaucoma medications under subparagraph (i) of this paragraph shall immediately consult with an ophthalmologist and refer the patient to an ophthalmologist.

(d) A therapeutically certified optometrist may remove superficial conjunctival or corneal foreign bodies from the human eye only if:

(1) The foreign body:

(i) Has not penetrated beyond the bowman’s membrane of the cornea and is within 2.5 millimeters of the visual axis of the cornea; or

(ii) Is peripheral and anterior to the mid–stroma; and

(2) Removal will not require permanent alteration of tissue.

(e) (1) Except as provided in paragraphs (2) and (3) of this subsection, a therapeutically certified optometrist may not order any laboratory tests, genetic tests, extraocular imaging, or other testing for a patient.

(2) (i) A therapeutically certified optometrist may order:

1. A conjunctival or corneal culture; or

2. After consulting with a physician, a nongenetic blood test.

(ii) A therapeutically certified optometrist who orders nongenetic blood tests shall send the written results to the physician consulted in accordance with subparagraph (i)2 of this paragraph.

(3) A therapeutically certified optometrist may order and perform in–office, noninvasive, nonradiographic imaging.

(f) A therapeutically certified optometrist may not provide any therapeutic treatment listed in this section for a child under the age of 1 year.

(g) Unless the standard of care requires an earlier referral, if a therapeutically certified optometrist diagnoses a corneal ulcer or infiltrate, and the patient does not have the expected response within 48 hours, the optometrist immediately shall refer the patient to an ophthalmologist.

(h) A therapeutically certified optometrist shall be:

(1) Held to the same standard of care as an ophthalmologist who is licensed under Title 14 of this article and who is providing similar services; and

(2) Required to comply with the notice requirement under § 14–508 of this article.
Md. Code, Corporations and Associations § 11-508 — MD Code / Article gca / Title 11 / Subtitle 5 / Section 11-508
§11–508.
Status: in_force

(a) A registration statement remains effective for 1 year after its effective date unless the Commissioner by rule or order extends the period of effectiveness. A registration statement is not effective while a stop order is in effect under §§ 11-511 through 11-513 of this subtitle.

(b) A registration statement may be withdrawn only in the discretion of the Commissioner.

(c) A registration statement that has not been made effective within 1 year from the date of initial filing may be deemed abandoned by the Commissioner.
Md. Code, Corporations and Associations § 11-301 — MD Code / Article gca / Title 11 / Subtitle 3 / Section 11-301
§11–301.
Status: in_force

It is unlawful for any person, in connection with the offer, sale, or purchase of any security, directly or indirectly to:

(1) Employ any device, scheme, or artifice to defraud;

(2) Make any untrue statement of a material fact or omit to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading; or

(3) Engage in any act, practice, or course of business which operates or would operate as a fraud or deceit on any person.
Md. Code, Housing and Community Development § 11-105 — MD Code / Article ghs / Title 11 / Subtitle 1 / Section 11-105
§11–105.
Status: in_force

The Fund consists of:

(1) receipts of the Department from the Appalachian Regional Commission;

(2) investment earnings of the Fund; and

(3) repayments of site development advances or loan principal or payments of loan interest made under this title.
Md. Code, Labor and Employment § 11-702 — MD Code / Article gle / Title 11 / Subtitle 7 / Section 11-702
§11–702.
Status: in_force

(a) In this section, “CTE Committee” means the Career and Technical Education Committee established under § 21–207 of the Education Article.

(b) There is a Maryland Employment Advancement Right Now (EARN) Program in the Department.

(c) The purpose of the Maryland EARN Program is to create industry–led partnerships to advance the skills of the State’s workforce, grow the State’s economy, and increase sustainable employment for working families.

(d) The Department, in consultation with the Department of Commerce, the CTE Committee, and the Governor’s Workforce Development Board, shall establish and administer the Maryland EARN Program to provide grants on a competitive basis for:

(1) an approved strategic industry partnership for development of a plan consistent with the purpose of the Maryland EARN Program;

(2) workforce training programs and other qualified programs that provide industry valued skills training to individuals that result in a credential or identifiable skill consistent with an approved strategic industry partnership plan;

(3) job readiness training and skills training that results in a credential or an identifiable skill; and

(4) collectively bargained, registered apprenticeships that:

(i) are working to incorporate the apprenticeship’s curriculum into high school career and technical education programs;

(ii) are working to ensure that community college credits are available for instruction provided by an apprenticeship sponsor; or

(iii) offer apprenticeships to high school students.
Md. Code, State Government § 11-515 — MD Code / Article gsg / Title 11 / Subtitle 5 / Section 11-515
§11–515.
Status: in_force

(a) Subject to this section and § 11-521 of this subtitle, the consolidated hearing shall be held no less than 30 days and no more than 90 days after the day on which the Coordinator receives the completed application and appendices or information.

(b) (1) Except as otherwise provided in this subsection, the consolidated hearing shall be held at a convenient location in the county where the development project is to be located.

(2) If the development project is to be located in more than 1 county, the consolidated hearing shall be held in the county where the greatest part of the area to be developed is located.

(3) If the development project is to be located in only 1 county but affects another county, the consolidated hearing shall be held in the county that the Coordinator determines will receive the greatest impact from the development project.

(4) The Coordinator may hold additional hearings in another county or may continue the original hearing in another county.
Md. Code, Education § 11-202.1 — MD Code / Article ged / Title 11 / Subtitle 2 / Section 11-202.1
§11–202.
Status: in_force

§11–202.1.

(a) A private nonprofit institution of higher education operating under a charter granted by the General Assembly may operate without a certificate of approval from the Commission.

(b) (1) Subject to the requirements imposed by this section, and except as prohibited in paragraph (2) of this subsection, a religious educational institution may operate without a certificate of approval from the Commission and may enroll Maryland students in a fully online distance education program in the State without a registration from the Commission if the institution:

(i) Is established for religious educational purposes;

(ii) Provides educational programs only for religious vocations or purposes;

(iii) Offers only sectarian instruction designed for and aimed at individuals who hold or seek to learn the particular religious faiths or beliefs taught by the institution; and

(iv) States on the certificate or diploma the religious nature of the award.

(2) A religious educational institution that is accredited by an accrediting body recognized by the United States Department of Education may not operate without a certificate of approval from the Commission.

(c) Each religious educational institution authorized to operate without a certificate of approval or without a registration under subsection (b) of this section:

(1) Shall submit to the Commission, every 2 years, a renewal application that includes a financial statement reviewed by an independent accountant retained by the institution and a copy of the current catalog of courses; and

(2) May not commence or continue to operate, do business, or function unless the Commission determines on the basis of the financial statement submitted by the institution that the institution possesses adequate financial resources to support the institution’s educational program.

(d) The Commission shall adopt regulations establishing procedures and standards for the submission and evaluation of the application for exemption, renewal application, and reports and financial statements submitted by religious educational institutions.

(e) A religious educational institution seeking to operate without a certificate of approval under subsection (b) of this section that is denied the right to operate has the right to judicial review as provided by the Administrative Procedure Act.

(f) Nothing in this section precludes a religious educational institution authorized to operate without a certificate of approval under subsection (b) of this section from seeking a certificate of approval from the Commission.

(g) A religious educational institution authorized to operate without a certificate of approval under subsection (b) of this section shall disclose on all transcripts, catalogs, advertisements, and publications of the institution that the institution does not have a certificate of approval from the Commission.

(h) With regard to a religious educational institution authorized to operate without a certificate of approval under subsection (b) of this section, a person may not:

(1) Make a statement, whether verbal or written, that the institution is approved by, or has a certificate of approval from, the Commission, including a statement on any certificate, diploma, academic transcript, or other document issued by the institution or in any advertisement or publication, or on a website; or

(2) Enroll a student in the institution unless, before enrollment, the person gives written notice to and obtains a written acknowledgment from the student that:

(i) The institution’s instructional program is only designed for and aimed at persons who hold or seek to learn the particular religious faith or beliefs of the church or religious institution, and provides only educational programs for religious vocations or purposes;

(ii) An institution of higher education is not required to accept for transfer credits earned at the institution;

(iii) An institution of higher education is not required to recognize an award earned at the institution;

(iv) A potential employer may determine that an award earned at the institution does not meet minimum educational requirements for employment;

(v) With respect to a religious counselor program, State licensing boards are not required to recognize the program as a prerequisite of licensure; and

(vi) If applicable, the institution:

1. Is not accredited; or

2. Is accredited by an accrediting body that is not recognized by the United States Department of Education.

(i) The written acknowledgment obtained from a student under subsection (h) of this section shall be:

(1) In a form approved by the Commission;

(2) Signed by both the student and a representative of the institution; and

(3) Permanently retained in the student’s file by the institution.

(j) A person who violates subsection (g), (h), or (i) of this section is liable for a penalty of up to $5,000 for each violation.
Md. Code, Tax - General § 11-503 — MD Code / Article gtg / Title 11 / Subtitle 5 / Section 11-503
§11–503.
Status: in_force

If the Comptroller finds that good cause exists and subject to § 13-601 of this article, the Comptroller may extend the time to file a sales and use tax return for the period that the Comptroller considers reasonable.
Md. Code, Criminal Procedure § 11-1008 — MD Code / Article gcp / Title 11 / Subtitle 10 / Section 11-1008
§11–1008.
Status: in_force

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

(2) “Child” means any individual under the age of 18 years.

(3) “HIV” means the human immunodeficiency virus that causes acquired immune deficiency syndrome.

(4) “Physician” has the meaning stated in § 11–1007 of this subtitle.

(5) “Qualified health care provider” has the meaning stated in § 11–1007 of this subtitle.

(6) “Sexual abuse” has the meaning stated in § 11–1007 of this subtitle.

(b) (1) There is a Program for Preventing HIV Infection for Rape Victims.

(2) The purpose of the program is to prevent HIV infection for victims of an alleged rape or sexual offense or victims of alleged child sexual abuse.

(3) The Governor’s Office of Crime Prevention and Policy shall administer the program.

(c) (1) To accomplish the purpose of the program, a victim of an alleged rape or sexual offense or a victim of alleged child sexual abuse shall be provided with a full course of treatment and follow–up care for postexposure prophylaxis for the prevention of HIV infection at the request of the victim and as prescribed by a health care provider.

(2) (i) A victim who receives treatment under this subsection may decline to provide health insurance information or submit personal information to a payment assistance program if the victim believes that providing the information would interfere with personal privacy or safety.

(ii) The physician, qualified health care provider, or hospital providing a victim with treatment and follow–up care under paragraph (1) of this subsection shall inform the victim of the victim’s right to decline to provide health insurance information or submit personal information to a payment assistance program.

(iii) If a victim declines to provide health insurance information or to submit personal information to a payment assistance program:

1. the treatment and follow–up care shall be provided without charge to the victim; and

2. the physician, qualified health care provider, or hospital providing the treatment or follow–up care is entitled to be paid by the Governor’s Office of Crime Prevention and Policy for the costs of providing the services.

(d) (1) A physician or a qualified health care provider who examines a victim of alleged child sexual abuse under the provisions of this section is immune from civil liability that may result from the failure of the physician or qualified health care provider to obtain consent from the child’s parent, guardian, or custodian for the examination or treatment of the child.

(2) The immunity provided under paragraph (1) of this subsection extends to:

(i) any hospital with which the physician or qualified health care provider is affiliated or to which the child is brought; and

(ii) any individual working under the control or supervision of the hospital.

(e) On or before December 1, 2022, and every 2 years thereafter, the Governor’s Office of Crime Prevention and Policy shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the operation and results of the program during the immediately preceding 2–year period, including:

(1) the number of patients that qualified to receive postexposure prophylaxis under the program;

(2) the number of patients that chose to receive postexposure prophylaxis;

(3) the total amount reimbursed to providers for the postexposure prophylaxis; and

(4) the cost of the postexposure prophylaxis treatment and follow–up care provided under the program.
Md. Code, Financial Institutions § 11-602 — MD Code / Article gfi / Title 11 / Subtitle 6 / Section 11-602
§11–602.
Status: in_force

(a) (1) The licensing provisions of this subtitle do not apply to independent contractors.

(2) Independent contractors are subject to the licensing provisions of Subtitle 5 of this title unless exempt from licensing under that subtitle.

(b) Unless exempted from this subtitle under subsection (d) of this section, an individual may not engage in the business of a mortgage loan originator unless the individual holds a valid license issued under this subtitle.

(c) Each licensee shall obtain and maintain a valid unique identifier issued by NMLS:

(1) On obtaining an initial or renewal license on or after July 1, 2009; or

(2) If the Commissioner has not joined NMLS as of July 1, 2009, on or after the date that the Commissioner joins, as instructed by the Commissioner by notice to the licensee.

(d) The following individuals are exempt from this subtitle:

(1) A registered mortgage loan originator, when acting for an entity described in § 11–601(w) of this subtitle;

(2) An individual who offers or negotiates the terms of a mortgage loan with or on behalf of an immediate family member of the individual;

(3) An individual who offers or negotiates the terms of a mortgage loan secured by a dwelling that served as the individual’s residence;

(4) A licensed attorney who negotiates the terms of a mortgage loan on behalf of a client as an ancillary matter to the attorney’s representation of the client, unless the attorney is compensated by a mortgage lender, a mortgage broker, or a mortgage loan originator, or by an agent of a mortgage lender, mortgage broker, or mortgage loan originator; and

(5) Subject to subsection (e) of this section, an individual loan servicer.

(e) The exemption under subsection (d)(5) of this section is subject to modification by regulations that are adopted by the Commissioner and consistent with any applicable written interpretations of the federal Secure and Fair Enforcement for Mortgage Licensing Act of 2008 by the United States Department of Housing and Urban Development presented through commentaries, guidelines, rules, regulations, or interpretive letters.

(f) The Commissioner may adopt regulations to carry out this subtitle.
Md. Code, Transportation § 11-136.1 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-136.1
§11–136.
Status: in_force

§11–136.1.

“Moving violation” means:

(1) A moving violation as defined in regulations adopted by the Administration for the purpose of assessing points under § 16-402 of this article; or

(2) A violation of a substantially similar nature reported from another jurisdiction, other than a violation of the jurisdiction’s size, weight, load, equipment, or inspection provisions.
Md. Code, Transportation § 11-158 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-158
§11–158.
Status: in_force

(a) “Semitrailer” means, except as provided in subsection (b) of this section, a vehicle that:

(1) Has no motive power;

(2) Is designed to carry people or property and to be towed by a motor vehicle; and

(3) Is constructed so that some of its weight and load rests on or is carried by another vehicle.

(b) “Semitrailer” does not include a pole trailer.
Md. Code, Education § 11-701 — MD Code / Article ged / Title 11 / Subtitle 7 / Section 11-701
§11–701.
Status: in_force

In cooperation with the State’s public and private nonprofit institutions of postsecondary education, the Maryland State Department of Education, and the local school systems, the Commission shall establish and administer a College Preparation Intervention Program.
Md. Code, Business Regulation § 11-403 — MD Code / Article gbr / Title 11 / Subtitle 4 / Section 11-403
§11–403.
Status: in_force

(a) The Comptroller shall pay from the Special Fund an annual grant of:

(1) $825,000 to the Maryland Agricultural Fair Board to promote State and county agricultural fairs and exhibits;

(2) $100,000 to Prince George’s County to replace money formerly received from the admissions and amusement tax;

(3) $40,000 to the Great Frederick Fair to support exhibition harness racing with money for construction and maintenance of new stalls, track maintenance, and purses;

(4) $50 to the City of Bowie for each day that the training facilities are open at the Bowie Race Course Training Center;

(5) $75,000 to the Maryland Agricultural Education Foundation, Inc., to promote and enhance statewide agricultural education;

(6) an amount not to exceed $30,000 in fiscal year 1998 and $20,000 in each fiscal year thereafter to the Great Pocomoke Fair, Inc. to support exhibition harness racing with money for construction and maintenance of new stalls, track maintenance, and purses;

(7) $500,000 to the Maryland Million, Ltd. to support and promote the running of Maryland Million races;

(8) $350,000 to the Maryland Standardbred Race Fund for the Sire Stakes Program; and

(9) beginning July 1, 2017, from the money distributed under § 9–120(b) of the State Government Article up to $500,000 to a purse for the Maryland International thoroughbred race under § 11–522.1 of this title.

(b) (1) In fiscal year 2017, the Comptroller shall pay, from the money distributed to the Special Fund, $500,000 to the Maryland Racing Commission to be used, in a manner determined by the Maryland Racing Commission, for a bonus award program for Maryland–bred or Maryland–sired horses running in the Preakness Stakes.

(2) The Maryland Racing Commission shall consult with representatives of the thoroughbred racing industry prior to establishing the rules and criteria for the bonus award program.

(3) If, under the rules of the bonus award program, funds remain in the program after the Preakness Stakes is conducted on one or more occasions, remaining funds shall carry over to the next fiscal year and may not revert to the General Fund.

(c) If the Maryland State Fair remains at the Timonium Fair Grounds, the Comptroller shall pay from the Special Fund an annual grant of:

(1) $500,000 to the Maryland State Fair and Agricultural Society, Inc., to:

(i) promote and enhance the Maryland State Fair; and

(ii) maintain and develop youth programs, with premium money provided to organizations, such as 4–H Clubs and the Future Farmers of America, for recognition and awards; and

(2) $50,000 to Baltimore County to replace the money formerly received by the county under this subtitle.

(d) Any amounts paid by the Comptroller for the purposes specified under subsections (a)(9) and (b) of this section shall remain available for those purposes and may not be used for any other purpose.
Md. Code, Local Government § 11-103 — MD Code / Article glg / Title 11 / Subtitle 1 / Section 11-103
§11–103.
Status: in_force

It is the intent of the General Assembly that the authority exercised under Article XI–F, § 8, of the Maryland Constitution, to limit the rate of property tax that a code county may impose or regulate the maximum amount of indebtedness that a code county may incur, be exercised only when there is the possibility that the code county is imposing an excessive rate of property taxation or is incurring indebtedness in an excessive amount.
Md. Code, Financial Institutions § 11-302 — MD Code / Article gfi / Title 11 / Subtitle 3 / Section 11-302
§11–302.
Status: in_force

(a) This subtitle does not apply to any loan or extension of credit:

(1) Between relatives;

(2) Between an employer and an employee;

(3) Between a landlord and a tenant; or

(4) Between a primary or secondary or nonprofit degree–granting postsecondary academic educational institution and a student or parents or guardian of that student, for tuition or other expenses of education at that institution.

(b) The licensing provisions of this subtitle do not apply to any of the following persons, if organized under the laws of this State or otherwise qualified to do business in this State:

(1) A banking institution;

(2) A national banking association;

(3) A federal or State savings and loan association;

(4) A federal or State credit union;

(5) A licensee under Subtitle 2 of this title;

(6) A seller of goods or services or both not engaged in:

(i) Making loans; or

(ii) Acting as a credit services business as defined under Title 14, Subtitle 19 of the Commercial Law Article;

(7) A licensee under Subtitle 5 of this title engaged solely in a mortgage lending business as defined in that subtitle; or

(8) An entity exempt from licensing as a mortgage lender under § 11–502(b)(3), (10), or (13) of this title.
Md. Code, Criminal Procedure § 11-913 — MD Code / Article gcp / Title 11 / Subtitle 9 / Section 11-913
§11–913.
Status: in_force

(a) A majority of the members then serving on the Board is a quorum.

(b) The Board sets the times and places of its meetings.

(c) A member of the Board:

(1) may not receive compensation as a member of the Board; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Election Law § 11-603 — MD Code / Article gel / Title 11 / Subtitle 6 / Section 11-603
§11–603.
Status: in_force

(a) The State Board shall certify election results in accordance with the provisions of this article and regulations adopted by the State Board.

(b) The State Board shall:

(1) promptly deliver under its seal a certified statement notifying:

(i) each individual who is declared elected;

(ii) each individual who is continued in office;

(iii) the Secretary and presiding officer of the United States Senate, in the case of the election of a United States Senator to represent the State; and

(iv) the Clerk and presiding officer of the United States House of Representatives, in the case of the election of a member of the House of Representatives to represent the State; and

(2) publish a sufficient number of copies of the certified statements of the votes cast throughout the State that are delivered to it by the Board of State Canvassers and make the copies available to the public at cost.
Md. Code, Alcoholic Beverages and Cannabis § 11-701 — MD Code / Article gab / Title 11 / Subtitle 7 / Section 11-701
§11–701.
Status: in_force

(a) There is a Class A light wine license in the county.

(b) The license may be issued to a holder of a Class 3 winery license or a Class 4 limited winery license.

(c) (1) The license authorizes the license holder to sell at retail at the place described in the license light wine produced at the winery.

(2) Light wine shall be sold in a sealed package or container that may not be opened or its contents consumed on the licensed premises.

(d) The annual license fee is $60.
Md. Code, Labor and Employment § 11-803 — MD Code / Article gle / Title 11 / Subtitle 8 / Section 11-803
§11–803.
Status: in_force

The Adult Education and Literacy Services Office, with the approval of the Secretary, may adopt regulations to carry out this subtitle.
Md. Code, Insurance § 11-330 — MD Code / Article gin / Title 11 / Subtitle 3 / Section 11-330
§11–330.
Status: in_force

(a) In this section, “provision for claim payment” means an estimate, expressed on a per unit of exposure basis, of the monetary amount ultimately to be needed to pay workers’ compensation insurance claims, excluding all loss adjustment or claim management expenses, other operating expenses, assessments, taxes, and profit or contingency allowances.

(b) Except as provided in subsection (e) of this section, the Commissioner shall review each workers’ compensation insurance filing as soon as reasonably possible after it is made to determine whether it meets the requirements of this subtitle.

(c) (1) (i) Except as otherwise provided in this subsection, the effective date of a workers’ compensation insurance filing is the date specified in the filing.

(ii) The effective date of a workers’ compensation insurance filing may not be earlier than 30 days after:

1. the date on which the Commissioner receives the filing; or

2. the date on which the Commissioner receives information in support of the filing, if the Commissioner requires information to be provided in support of the filing.

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

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

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

(d) Subject to approval or disapproval under subsection (c) of this section, each workers’ compensation rating organization shall file with the Commissioner:

(1) workers’ compensation rates and rating plans that are limited to provision for claim payment;

(2) each workers’ compensation policy form to be used by its members or subscribers;

(3) the uniform classification;

(4) the uniform experience rating plan and rules; and

(5) any other information that the Commissioner requests and is otherwise entitled to receive under this subtitle.

(e) Notwithstanding subsection (c) of this section, if each rate in a schedule of workers’ compensation rates for specific classifications of risks filed by an insurer is not lower than the provision for claim payment contained in the schedule of workers’ compensation rates for those classifications filed by a rating organization under subsection (d) of this section and approved by the Commissioner, the schedule of rates filed by the insurer may become effective as soon as it is filed.

(f) Notwithstanding subsection (e) of this section, the Commissioner shall investigate and evaluate all workers’ compensation filings to determine whether they meet the requirements of this subtitle.

(g) Notwithstanding § 11-307 of this subtitle, the Commissioner may require an insurer or rating organization to comply with the requirements of subsection (c) of this section if the Commissioner has good cause to believe that a reasonable degree of competition does not exist within a workers’ compensation insurance market.
Md. Code, Correctional Services § 11-714 — MD Code / Article gcs / Title 11 / Subtitle 7 / Section 11-714
§11–714.
Status: in_force

(a) This section applies only in Harford County.

(b) (1) At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may allow an individual who is convicted of a crime and sentenced to imprisonment in a local correctional facility to participate in one of the activities specified in paragraph (2) of this subsection during the individual’s confinement.

(2) An incarcerated individual who is allowed to do so under paragraph (1) of this subsection may:

(i) continue regular employment;

(ii) obtain new employment;

(iii) participate in a training or rehabilitation program; or

(iv) attend an educational institution in the county.

(3) (i) The sentencing judge may require that the incarcerated individual comply with the terms and conditions that the judge considers appropriate.

(ii) The incarcerated individual’s participation in an authorized activity may not affect the length of the incarcerated individual’s sentence.

(c) (1) The county government shall cooperate in and provide fiscal support for a work release program as provided under subsection (b) of this section.

(2) Subject to subsection (b) of this section, an incarcerated individual of a local correctional facility who participates in the work release program may leave actual confinement:

(i) at necessary and reasonable times, to work at gainful, private employment; or

(ii) under appropriate conditions, to seek gainful, private employment.

(3) Unless the committing court directs otherwise, an incarcerated individual shall be confined in the local correctional facility when not participating in the work release program.

(4) An incarcerated individual who participates in the work release program shall surrender to the Sheriff:

(i) a reasonable fee, as determined by the Sheriff, for the cost of providing food, lodging, and clothing for the incarcerated individual;

(ii) the actual cost of necessary food, travel, and other expenses incidental to the participation by the incarcerated individual in the program; and

(iii) court–ordered payments for restitution.

(5) If an incarcerated individual in the work release program violates a trust or a condition that the court establishes for conduct or employment, the incarcerated individual is subject to:

(i) removal from the program; and

(ii) cancellation of any earned diminution of the incarcerated individual’s term of confinement.

(d) (1) The Sheriff shall:

(i) establish and administer a home detention program; and

(ii) adopt regulations for the program.

(2) At the time of sentencing or at any time during an individual’s confinement, the sentencing judge may allow an individual who is convicted of a crime and sentenced to imprisonment in a local correctional facility to participate in the home detention program.

(3) Subject to paragraph (4) of this subsection, an incarcerated individual is eligible for the home detention program if:

(i) the sentencing judge recommends that the incarcerated individual participate in the program; and

(ii) the incarcerated individual has no other charges pending in any jurisdiction.

(4) An incarcerated individual is not eligible for the home detention program if the incarcerated individual:

(i) is serving a sentence for a crime of violence; or

(ii) has been found guilty of the crime of:

1. child abuse under § 3–601 or § 3–602 of the Criminal Law Article; or

2. escape under § 9–404 of the Criminal Law Article.
Md. Code, Insurance § 11-201 — MD Code / Article gin / Title 11 / Subtitle 2 / Section 11-201
§11–201.
Status: in_force

(a) The purposes of this subtitle are:

(1) to promote the public welfare by regulating insurance rates so that they are not excessive, inadequate, or unfairly discriminatory; and

(2) to authorize and regulate cooperative action among insurers in rate making and in other matters within the scope of this subtitle.

(b) This subtitle is not intended:

(1) to prohibit or discourage reasonable competition; or

(2) to prohibit or, except to the extent necessary to accomplish the purposes stated in subsection (a) of this section, to encourage uniformity in insurance rates, rating systems, rating plans, or rating practices.

(c) This subtitle shall be interpreted liberally to carry out the provisions of this section.
Md. Code, Alcoholic Beverages and Cannabis § 11-1006.1 — MD Code / Article gab / Title 11 / Subtitle 10 / Section 11-1006.1
§11–1006.
Status: in_force

§11–1006.1.

(a) There is a gift basket permit.

(b) (1) The Board may issue the permit to a person:

(i) whose primary business is the sale and delivery of flowers;

(ii) whose business includes the sale and delivery of gift baskets of flowers, food, or other items; and

(iii) who does not hold any other alcoholic beverages license or permit under this article.

(2) The Board may not issue the permit for use in conjunction with or on the premises of a chain store, supermarket, or discount house.

(c) A holder of the permit:

(1) may sell and deliver, to consumers of a legal drinking age located in the county, gift baskets containing:

(i) not more than 72 ounces of beer;

(ii) not more than 2.25 liters of wine; or

(iii) not more than 2.25 liters of liquor; and

(2) shall maintain records and submit reports as required by the Board.

(d) (1) Subject to paragraph (2) of this subsection, the permit holder or an employee of the permit holder shall:

(i) deliver the gift basket containing alcoholic beverages; and

(ii) require the person receiving a delivery of a gift basket containing alcoholic beverages to display proof that the person is at least 21 years old.

(2) An individual who delivers a gift basket containing alcoholic beverages shall be at least 21 years old.

(e) The holder’s annual sales from alcoholic beverages may not exceed 10% of the holder’s annual gross sales.

(f) The alcoholic beverages contained in a gift basket shall be purchased from a retail license holder.

(g) The Board shall adopt regulations to carry out this section.

(h) The fee for a gift basket permit is $100.
Md. Code, Financial Institutions § 11-207 — MD Code / Article gfi / Title 11 / Subtitle 2 / Section 11-207
§11–207.
Status: in_force

(a) When an applicant for a license files the application and bond and pays the fees required by § 11–206 of this subtitle, the Commissioner shall investigate the facts relevant to the application to determine if the applicant meets the requirements of this subtitle.

(b) Unless the Commissioner and an applicant agree in writing to extend the time, the Commissioner shall approve or deny each application for a license within 60 days after the date on which the complete application is filed, the fees are paid, and the surety bond is filed.

(c) The Commissioner shall issue a license to any applicant who meets the requirements of this subtitle.

(d) (1) If an applicant does not meet the requirements of this subtitle, the Commissioner shall:

(i) Deny the application;

(ii) Notify the applicant immediately of this fact;

(iii) Return the bond filed under § 11–206 of this subtitle;

(iv) Refund the license fee; and

(v) Keep the investigation fee.

(2) (i) Within 10 days after the Commissioner denies an application, the Commissioner shall send a written notice to the applicant stating the reasons for the denial.

(ii) The notice shall be sent by United States mail, e–mail, or any means provided through NMLS to the address listed in the application.
Md. Code, Tax - General § 11-502.1 — MD Code / Article gtg / Title 11 / Subtitle 5 / Section 11-502.1
§11–502.
Status: in_force

§11–502.1.

(a) Each marketplace facilitator shall complete, under oath, and file with the Comptroller a sales and use tax return:

(1) on or before the 20th day of the month that follows the month in which a marketplace seller makes any retail sale or sale for use through the marketplace facilitator; and

(2) for other periods and on other dates that the Comptroller specifies by regulation, including periods in which a marketplace seller does not make any retail sale or sale for use through the marketplace facilitator.

(b) A return shall state, for the period that the return covers:

(1) for a marketplace facilitator facilitating a retail sale or a sale for use:

(i) the marketplace facilitator’s gross revenues from the sales of marketplace sellers that the marketplace facilitator has facilitated and delivered in the State;

(ii) the taxable price of sales of those marketplace sellers on which the sales and use tax is computed; and

(iii) the sales and use tax due; and

(2) for a marketplace facilitator facilitating a sale for use:

(i) the total value of the tangible personal property, digital code, digital product, or taxable service sold by marketplace sellers the use of which became subject to the sales and use tax; and

(ii) the sales and use tax due.

(c) If the Comptroller approves, a marketplace facilitator engaging in more than one business in which the marketplace facilitator facilitates retail sales or sales for use may file a consolidated return covering the activities of the businesses.
Md. Code, Correctional Services § 11-404 — MD Code / Article gcs / Title 11 / Subtitle 4 / Section 11-404
§11–404.
Status: in_force

(a) A governing body may:

(1) purchase or otherwise acquire real or personal property needed for a correctional farm; and

(2) provide for the disposition or retention of existing local correctional facilities in the county.

(b) (1) After considering the probable income from the correctional farm property, a governing body shall prepare an annual budget of proposed expenditures for the:

(i) care, operation, and maintenance of the property; and

(ii) feeding of incarcerated individuals.

(2) A budget prepared as provided under paragraph (1) of this subsection shall be included in the county’s annual budget.

(3) Any levy imposed for the budget prepared as provided under paragraph (1) of this subsection shall be collected as part of the county tax.
Md. Code, Business Regulation § 11-530 — MD Code / Article gbr / Title 11 / Subtitle 5 / Section 11-530
§11–530.
Status: in_force

There is a Maryland-Bred Race Fund.
Md. Code, Criminal Procedure § 11-926 — MD Code / Article gcp / Title 11 / Subtitle 9 / Section 11-926
§11–926.
Status: reserved

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

(2) “Child advocacy center” has the meaning stated in § 13–2201 of the Health – General Article.

(3) “Hospital” has the meaning stated in § 19–301 of the Health – General Article.

(4) “Qualified health care provider” has the meaning stated in § 11–1007 of this article.

(5) (i) “Sexual assault evidence collection kit” means physical evidence collected:

1. by a qualified health care provider;

2. from the body or clothing of a living or deceased person;

3. following an allegation or suspicion of sexual assault; and

4. for the purpose of preserving the physical evidence.

(ii) “Sexual assault evidence collection kit” does not include a self–administered sexual assault evidence collection kit.

(b) A qualified health care provider that performs a sexual assault evidence collection kit exam on a victim of sexual assault shall provide the victim with:

(1) contact information for the investigating law enforcement agency that the victim may contact about the status and results of the kit analysis; and

(2) written information describing the laws and policies governing the testing, preservation, and disposal of a sexual assault evidence collection kit.

(c) An investigating law enforcement agency that receives a sexual assault evidence collection kit, within 30 days after a request by the victim from whom the evidence was collected, shall provide the victim with:

(1) information about the status of the kit analysis; and

(2) all available results of the kit analysis except results that would impede or compromise an ongoing investigation.

(d) (1) A sexual assault evidence collection kit or a self–administered sexual assault evidence collection kit shall be transferred to a law enforcement agency:

(i) by a hospital or a child advocacy center within 30 days after the exam is performed; or

(ii) by a government agency in possession of a kit, unless the agency is otherwise required to retain the kit by law or court rule.

(2) Except as provided in paragraph (3) of this subsection, within 75 years after the evidence is collected, a law enforcement agency may not destroy or dispose of:

(i) a sexual assault evidence collection kit; or

(ii) other crime scene evidence relating to a sexual assault that has been identified by the State’s Attorney as relevant to prosecution.

(3) A law enforcement agency is not required to comply with the requirements in paragraph (2) of this subsection if:

(i) the case for which the evidence was collected resulted in a conviction and the sentence has been completed; or

(ii) all suspects identified by testing a sexual assault evidence collection kit are deceased.

(4) On written request by the victim from whom the evidence was collected, a law enforcement agency with custody of a sexual assault evidence collection kit or other crime scene evidence relating to a sexual assault shall:

(i) notify the victim no later than 60 days before the date of intended destruction or disposal of the evidence; or

(ii) retain the evidence for 12 months longer than the time period specified in paragraph (2) of this subsection or for a time period agreed to by the victim and the law enforcement agency.

(e) A sexual assault evidence collection kit shall be submitted to a forensic laboratory for analysis unless:

(1) there is clear evidence disproving the allegation of sexual assault;

(2) the facts alleged, if true, could not be interpreted to violate a provision of Title 3, Subtitle 2, Title 3, Subtitle 3, Title 3, Subtitle 6, or Title 11, Subtitle 3 of the Criminal Law Article;

(3) the victim from whom the evidence was collected declines to give consent for analysis; or

(4) the suspect’s profile has been collected for entry as a convicted offender for a qualifying offense in the Combined DNA Index System (CODIS) maintained by the Federal Bureau of Investigation and the suspect has pleaded guilty to the offense that led to the sexual assault evidence collection kit.

(f) (1) If a victim of sexual assault wishes to remain anonymous and not file a criminal complaint, the victim shall be informed that the victim may file a criminal complaint at a future time.

(2) If a provision of subsection (e) of this section is determined to be satisfied after the submission of the victim’s sexual assault evidence collection kit for analysis, testing may be terminated or not initiated.

(g) Except as provided in subsection (e) of this section, an investigating law enforcement agency that receives a sexual assault evidence collection kit shall:

(1) submit the kit and all requested associated reference standards to a forensic laboratory for analysis within 30 days of receipt of the kit and all requested associated reference standards; and

(2) make use of certified sexual assault crisis programs or other qualified community–based sexual assault victim service organizations that can provide services and support to survivors of sexual assault.

(h) (1) (i) A forensic laboratory that receives a sexual assault evidence collection kit and all requested associated reference standards for analysis shall determine suitability and complete screening, testing, and analysis in a timely manner.

(ii) Failure to complete the screening, testing, and analysis in a timely manner as required in subparagraph (i) of this paragraph may not constitute the basis for excluding the analysis or results as evidence in a criminal proceeding.

(2) Forensic laboratories shall report annually to the Maryland Sexual Assault Evidence Kit Policy and Funding Committee regarding the duration required to complete testing, beginning with receipt of the kit until a report is prepared, of each sexual assault evidence collection kit.

(i) (1) The eligible results of an analysis of a sexual assault evidence collection kit shall be entered into CODIS.

(2) The DNA collected from a victim under this section may not be used for any purpose except as authorized by this section.

(j) (1) Any agreement, condition of access or use, or policy that limits or waives any substantive or procedural right or remedy to a claim against any person who provides a victim or another person with any service, product, information, or other means to collect evidence of a sexual assault is null and void as being against the public policy of the State.

(2) Any disclaimer of any warranties, express or implied, of merchantability, fitness for a particular purpose, or noninfringement regarding any service, product, information, or other means to collect evidence of a sexual assault is null and void as being against the public policy of the State.

(k) The Attorney General shall adopt regulations for uniform statewide implementation of this section.
Md. Code, Corporations and Associations § 11-703 — MD Code / Article gca / Title 11 / Subtitle 7 / Section 11-703
§11–703.
Status: in_force

(a) (1) A person is civilly liable to the person buying a security from him if he:

(i) Offers or sells the security in violation of § 11–304(b), § 11–401(a), § 11–402(a), or § 11–501 of this title, or of any rule or order under § 11–205 of this title which requires the affirmative approval of sales literature before it is used; or

(ii) Offers or sells the security by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in the light of the circumstances under which they are made, not misleading, the buyer not knowing of the untruth or omission, and if he does not sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the untruth or omission.

(2) A person is civilly liable to the person selling a security to him if he offers to purchase or purchases the security by means of any untrue statement of a material fact or any omission to state a material fact necessary in order to make the statements made, in light of the circumstances under which they are made, not misleading, the seller not knowing of the untruth or omission, and if he does not sustain the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the untruth or omission.

(3) A person is civilly liable to another person if the person:

(i) Acts as an investment adviser or representative in violation of § 11–302(c), § 11–401(b), § 11–402(b), or § 11–304(b) of this title or any rule or order promulgated under it, except that an action based on a violation of § 11–402(b) of this title may not be maintained except by those persons who directly received advice from the unregistered investment adviser representative; or

(ii) Receives, directly or indirectly, any consideration from another person for advice as to the value of securities or their purchase or sale or for acting as an investment adviser or representative under § 11–101(i) and (j) of this title, whether through the issuance of analyses, reports, or otherwise, and employs any device, scheme, or artifice to defraud such other person or engages in any act, practice or course of business which operates or would operate as a fraud or deceit on such other person.

(b) (1) A buyer may sue either at law or in equity:

(i) On tender of the security, to recover the consideration paid for the security, together with interest at the rate provided for in § 11–107(a) of the Courts Article, as amended, from the date of payment, costs, and reasonable attorneys’ fees, less the amount of any income received on the security; or

(ii) If he no longer owns the security, for damages.

(2) A seller may sue either at law or in equity:

(i) On tender of the consideration paid for the security, to recover the security, together with the amount of any income received on the security, costs, and reasonable attorneys’ fees; or

(ii) If the buyer no longer owns the security, for damages.

(3) For the purposes of subsection (b)(1)(ii) of this section, damages are the amount that would be recoverable on a tender less the value of the security when the buyer disposed of it and interest at the rate provided for in § 11–107(a) of the Courts Article, as amended, from the date of disposition.

(4) (i) In any action brought under subsection (a)(3) of this section a person may sue either at law or in equity for the rescission of the advisory contract and any damages resulting from the violation, together with interest at the rate provided for in § 11–107(a) of the Courts Article, as amended, from the date of payment of the consideration, costs, and reasonable attorneys’ fees, less the amount of any income received from such advice.

(ii) An action based on a violation of § 11–302(c) of this title may not prevail where the person accused of the violation sustains the burden of proof that he did not know, and in the exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist.

(c) (1) Every person who directly or indirectly controls a person liable under subsection (a) of this section, every partner, officer, or director of the person liable, every person occupying a similar status or performing similar functions, every employee of the person liable who materially aids in the conduct giving rise to the liability, and every broker–dealer or agent who materially aids in such conduct are also liable jointly and severally with and to the same extent as the person liable, unless able to sustain the burden of proof that he did not know, and in exercise of reasonable care could not have known, of the existence of the facts by reason of which the liability is alleged to exist.

(2) There is contribution as in cases of contract among the several persons so liable.

(d) Any tender specified in this section may be made at any time before entry of judgment.

(e) Every cause of action under this statute survives the death of any person who might have been a plaintiff or defendant.

(f) (1) A person may not sue under subsections (a)(1) and (2) of this section after the earlier to occur of 3 years after the contract of sale or purchase or the time specified in paragraph (2) of this subsection.

(2) An action may not be maintained:

(i) To enforce any liability created under subsection (a)(1)(i) of this section, unless brought within one year after the violation on which it is based; or

(ii) To enforce any liability created under subsection (a)(1)(ii) or (2) of this section, unless brought within one year after the discovery of the untrue statement or omission, or after the discovery should have been made by the exercise of reasonable diligence.

(3) A person may not sue under subsection (a)(3) of this section more than 3 years after the date of the advisory contract or the rendering of investment advice, or the expiration of 2 years after the discovery of the facts constituting the violation, whichever first occurs.

(4) A person may not sue under this section:

(i) If the buyer received a written offer, before suit and at a time when he owned the security or asset, to refund the consideration paid together with interest at the rate provided for in § 11–107(a) of the Courts Article, as amended, from the date of payment, less the amount of any income received on the security or asset, and he failed to accept the offer within 30 days of its receipt;

(ii) If the buyer received the offer before suit and at a time when he did not own the security or asset, unless he rejected the offer in writing within 30 days of its receipt; or

(iii) If the seller received a written offer from the buyer, before suit, to return the security or asset, together with the amount of any income received on the security, less interest at the rate provided for in § 11–107(a) of the Courts Article, as amended, from the date of payment, and he failed to accept the offer within 30 days of its receipt.

(g) A person may not base any suit on any contract if he:

(1) Has made or engaged in the performance of the contract in violation of any provision of this title or any rule or order under this title; or

(2) Has acquired any purported right under the contract with knowledge of the facts by reason of which its making or performance was in violation.

(h) Any condition, stipulation, or provision binding any person acquiring any security or asset or receiving any investment advice to waive compliance with any provision of this title or any rule or order under this title is void.

(i) The rights and remedies provided by this title are in addition to any other rights or remedies that may exist at law or in equity, but this title does not create any cause of action not specified in this section or § 11–410 of this title.
Md. Code, State Personnel and Pensions § 11-107 — MD Code / Article gsp / Title 11 / Subtitle 1 / Section 11-107
§11–107.
Status: in_force

(a) (1) Issuing a counseling memorandum is an instructional communication and is not a disciplinary action within the meaning of this subtitle.

(2) Within 5 days after receiving a counseling memorandum, an employee may submit to the employee's appointing authority a written response to the memorandum. The response shall be placed in the employee's file and attached to any record of the memorandum.

(3) An employee may not take any other action in response to a counseling memorandum.

(b) (1) Placing an employee on leave without pay when the employee is absent without approval is not a disciplinary action within the meaning of this subtitle.

(2) An employee who is placed on leave without pay for an unapproved absence also may be subject to disciplinary action for the unapproved absence.

(c) (1) Requiring an employee to make restitution to the State for loss or damage to State property due to the employee's negligence is not a disciplinary action within the meaning of this subtitle.

(2) An appointing authority may not require an employee to pay restitution exceeding 3% of the employee's annual base pay.

(3) An employee who is ordered to make restitution under this subsection also may be subject to civil prosecution or criminal prosecution for wanton destruction of property under the State law.
Md. Code, Real Property § 11-114 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-114
§11–114.
Status: in_force

(a) Commencing not later than the time of the first conveyance of a unit to a person other than the developer, the council of unit owners shall maintain, to the extent reasonably available:

(1) Property insurance against risks of direct physical loss commonly insured against in amounts determined by the council of unit owners, but not less than any amounts specified in the declaration or bylaws:

(i) For attached units, multifamily dwelling units, or detached units located within a condominium not composed entirely of similar detached units, on the common elements and units, exclusive of improvements and betterments installed in units by unit owners other than the developer; and

(ii) For detached units located within a condominium composed entirely of similar detached units, on the common elements; and

(2) Comprehensive general liability insurance, including medical payments insurance, in an amount determined by the council of unit owners, but not less than any amount specified in the declaration or bylaws, covering occurrences commonly insured against for death, bodily injury, and property damage arising out of or in connection with the use, ownership, or maintenance of the common elements.

(b) (1) (i) The council of unit owners shall give notice to all unit owners of the termination of any insurance policy within 10 days of termination.

(ii) The declaration or bylaws may require the council of unit owners to carry any other insurance, and the council of unit owners in any event may carry any other insurance it deems appropriate to protect the council of unit owners or the unit owners.

(2) (i) The council of unit owners shall give an annual notice, in writing, of any obligation of an owner of a residential, detached unit to obtain property insurance coverage on the unit.

(ii) If there is a change in any obligation under subparagraph (i) of this paragraph, the council of unit owners shall promptly provide the unit owner with an updated notice.

(c) Insurance policies carried pursuant to subsection (a) of this section shall provide that:

(1) Subject to the applicable coverage specified under subsection (a)(1) of this section, each unit owner is an insured person under the policy with respect to liability arising out of the unit owner’s ownership of an undivided interest in the common elements or membership in the council of unit owners for property and casualty losses to the common elements and the units, exclusive of improvements and betterments installed in the units by unit owners other than the developer;

(2) The insurer waives its right to subrogation under the policy against any unit owner of the condominium or members of his household;

(3) An act or omission by any unit owner, unless acting within the scope of his authority on behalf of the council of unit owners, does not void the policy and is not a condition to recovery under the policy; and

(4) If, at the time of a loss under the policy, there is other insurance in the name of a unit owner covering the same property covered by the policy, the policy is primary insurance not contributing with the other insurance.

(d) (1) Subject to the applicable coverage specified under subsection (a)(1) of this section, any loss covered by the property policy shall be adjusted with the council of unit owners, but the insurance proceeds for that loss shall be payable to any insurance trustee designated for that purpose, or otherwise to the council of unit owners, and not to any mortgagee.

(2) The insurance trustee or the council of unit owners shall hold any insurance proceeds in trust for unit owners and lien holders as their interests may appear.

(3) (i) Subject to the provisions of subsection (g) of this section, the proceeds shall be disbursed first for the repair or restoration of the damaged common elements and, for condominiums with attached units, multifamily units, or detached units located within a condominium not composed entirely of similar detached units that must maintain a property insurance policy on the units, the damaged units.

(ii) Unit owners and lien holders are not entitled to receive payment of any portion of the proceeds unless:

1. There is a surplus of proceeds after the common elements and, for condominiums with attached units, multifamily units, or detached units located within a condominium not composed entirely of similar detached units that must maintain a property insurance policy on the units, the units have been completely repaired or restored; or

2. The condominium is terminated.

(e) (1) An insurance policy issued to the council of unit owners does not prevent a unit owner from obtaining insurance for his own benefit.

(2) Unless a council of unit owners exercises the authority under paragraph (3) of this subsection, an owner of a residential, detached unit located within a condominium composed entirely of similar detached units, shall carry homeowners insurance coverage on the entirety of the unit.

(3) A council of unit owners may carry homeowners insurance on the entirety of all detached units located within a condominium composed entirely of similar detached units.

(f) (1) An insurer that has issued an insurance policy under this section shall issue certificates or memoranda of insurance to the council of unit owners and, upon request, to any unit owner, mortgagee, or beneficiary under a deed of trust.

(2) An insurer may cancel an insurance policy issued under this section in accordance with § 27–603 of the Insurance Article.

(g) (1) Subject to the applicable coverage specified under subsection (a)(1) of this section, any portion of the common elements and the units, exclusive of improvements and betterments installed in the units by unit owners other than the developer, damaged or destroyed shall be repaired or replaced promptly by the council of unit owners unless:

(i) The condominium is terminated;

(ii) Repair or replacement would be illegal under any State or local health or safety statute or ordinance; or

(iii) 80 percent of the unit owners, including every owner of a unit or assigned limited common element which will not be rebuilt, vote not to rebuild.

(2) (i) 1. The cost of repair or replacement in excess of insurance proceeds and reserves is a common expense.

2. A property insurance deductible is not a cost of repair or replacement in excess of insurance proceeds.

(ii) If the cause of any damage to or destruction of any portion of the condominium originates from the common elements or an event outside of the condominium units and common elements, the council of unit owners’ property insurance deductible is a common expense.

(iii) 1. If the cause of any damage to or destruction of any portion of the condominium originates from a unit, the owner of the unit where the cause of the damage or destruction originated is responsible for the council of unit owners’ property insurance deductible not to exceed $10,000.

2. The council of unit owners shall inform each unit owner annually in writing of:

A. The unit owner’s responsibility for the council of unit owners’ property insurance deductible; and

B. The amount of the deductible.

3. The council of unit owners’ property insurance deductible amount exceeding the $10,000 responsibility of the unit owner is a common expense.

(iv) In the same manner as provided under § 11–110 of this title, the council of unit owners may make an annual assessment against the unit owner responsible under subparagraph (iii) of this paragraph.

(3) If the damaged or destroyed portion of the condominium is not repaired or replaced:

(i) The insurance proceeds attributable to the damaged common elements shall be used to restore the damaged area to a condition compatible with the remainder of the condominium;

(ii) The insurance proceeds attributable to units and limited common elements which are not rebuilt shall be distributed to the owners of those units and the owners of the units to which those limited common elements were assigned; and

(iii) The remainder of the proceeds shall be distributed to all the unit owners in proportion to their percentage interest in the common elements.

(4) (i) If the unit owners vote not to rebuild any unit, that unit’s entire common element interest, votes in the council of unit owners, and common expense liability are automatically reallocated upon the vote as if the unit had been condemned under § 11–112 of this title, and the council of unit owners promptly shall prepare, execute, and record an amendment to the declaration reflecting the reallocations.

(ii) Notwithstanding the provisions of this subsection, § 11–123 of this title governs the distribution of insurance proceeds if the condominium is terminated.

(h) The council of unit owners shall maintain and make available for inspection a copy of all insurance policies maintained by the council of unit owners.

(i) The provisions of this section do not apply to a condominium all of whose units are intended for nonresidential use.
Md. Code, State Government § 11-501 — MD Code / Article gsg / Title 11 / Subtitle 5 / Section 11-501
§11–501.
Status: in_force

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

(b) “Consolidated hearing” means a hearing before State units from which development permits are required.

(c) “Joint hearing” means a hearing before the local government and State units from which development permits are required.
Md. Code, Real Property § 11-126 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-126
§11–126.
Status: in_force

(a) A contract for the initial sale of a unit to a member of the public is not enforceable by the vendor unless:

(1) The purchaser is given on or before the time a contract is entered into between the vendor and the purchaser, a current public offering statement as amended and registered with the Secretary of State containing all of the information set forth in subsection (b) of this section; and

(2) The contract of sale contains, in conspicuous type, a notice of:

(i) The purchaser’s right to receive a public offering statement and his rescission rights under this section;

(ii) 1. The warranties provided by § 11–131 of this title; and

2. Whether the council of unit owners has entered into any agreement that settles or releases the council of unit owners’ claims related to common element warranties under § 11–131 of this title; and

(iii) A statement as to whether the vendor has actual knowledge of the presence of asbestos in the condominium, including a description of the location of the asbestos, whether abatement has been performed, and the date of any abatement.

(b) The public offering statement required by subsection (a) of this section shall be sufficient for the purposes of this section if it contains at least the following:

(1) A copy of the proposed contract of sale for the unit;

(2) A copy of the proposed declaration, bylaws, and rules and regulations;

(3) A copy of the proposed articles of incorporation of the council of unit owners, if it is to be incorporated;

(4) A copy of any proposed management contract, insurance contract, employment contract, or other contract affecting the use of, maintenance of, or access to all or part of the condominium to which it is anticipated the unit owners or the council of unit owners will be a party, and a statement of the right of the council of unit owners to terminate contracts entered into during the developer control period under § 11–133 of this title;

(5) A copy of the actual annual operating budget for the condominium or, if no actual operating budget exists, a copy of the projected annual operating budget for the condominium including reasonable details concerning:

(i) The estimated monthly payments by the purchaser for assessments;

(ii) Monthly charges for the use, rental, or lease of any facilities not part of the condominium;

(iii) The amount of the reserve fund for repair and replacement and its intended use; and

(iv) Any initial capital contribution or similar fee, other than assessments for common expenses, to be paid by unit owners to the council of unit owners or vendor, and a statement of how the fees will be used;

(6) A plain language statement of the policy and procedures for collecting assessments and handling collection of delinquencies, including reasonable details concerning:

(i) The number and percentage of unit owners who are delinquent or in arrears in an amount equal to or greater than 50% of the annual assessment of the unit owner;

(ii) The number of unsatisfied liens currently recorded against unit owners under the Maryland Contract Lien Act;

(iii) The number of unsatisfied judgments obtained against unit owners for unpaid assessments; and

(iv) The total amount of arrearages among all unit owners;

(7) A copy of any lease to which it is anticipated the unit owners or the council of unit owners will be a party following closing;

(8) A description of any contemplated expansion of the condominium with a general description of each stage of expansion and the maximum number of units that can be added to the condominium;

(9) A copy of the floor plan of the unit or the proposed condominium plats;

(10) A description of any recreational or other facilities which are to be used by the unit owners or maintained by them or by the council of unit owners, and a statement as to whether or not they are to be part of the common elements;

(11) A statement as to whether streets within the condominium are to be dedicated to public use or maintained by the council of unit owners;

(12) A statement of any judgments against the council of unit owners and the existence of any pending suits to which the council of unit owners is a party;

(13) In the case of a condominium containing buildings substantially completed more than 5 years prior to the filing of the application for registration under § 11–127 of this title, a statement of the physical condition and state of repair of the major structural, mechanical, electrical, and plumbing components of the improvements, to the extent reasonably ascertainable, and estimated costs of repairs for which a present need is disclosed in the statement and a statement of repairs which the vendor intends to make. The vendor is entitled to rely on the reports of architects or engineers authorized to practice their profession in this State;

(14) A description of any provision in the declaration or bylaws limiting or providing for the duration of developer control or requiring the phasing–in of unit owner participation, or a statement that there is no such provision;

(15) If the condominium is one which will be created by the conversion of a rental facility, a copy of the notice and materials required by §§ 11–102.1 and 11–137 of this title;

(16) A statement of whether the unit being purchased is subject to an extended lease under § 11–137 of this title, or local law, and a copy of any extended lease;

(17) A written notice of the unit owner’s responsibility for the council of unit owners’ property insurance deductible and the amount of the deductible; and

(18) Any other information required by regulation duly adopted and issued by the Secretary of State.

(c) A person may not advertise or represent that the Secretary of State has approved or recommended the condominium, the public offering statement, or any of the documents contained in the application for registration.

(d) (1) Following execution of a contract of sale by a purchaser, the vendor may not amend any of the material required to be furnished by subsection (a) of this section without the approval of the purchaser if the amendment would affect materially the rights of the purchaser.

(2) Approval is not required if the amendment is required by any governmental authority or public utility, or if the amendment is made as a result of actions beyond the control of the vendor or in the ordinary course of affairs of the council of unit owners.

(3) A copy of any amendments shall be delivered promptly to any purchaser and to the Secretary of State.

(e) (1) Any purchaser may at any time (i) within 15 days following receipt of all of the information required under subsection (b) of this section or the signing of the contract, whichever is later; and (ii) within 5 days following receipt of the information required under subsection (d) of this section, rescind in writing the contract of sale without stating any reason and without any liability on his part, and he shall be entitled to the return of any deposits made on account of the contract.

(2) The return of any deposits held in trust by a licensed real estate broker to a purchaser under this subsection shall comply with the procedures set forth in § 17–505 of the Business Occupations and Professions Article.

(f) Any vendor who, in disclosing the information required under subsections (a) and (b) of this section, makes any untrue statement of a material fact, or omits to state a material fact necessary in order to make the statements made, in the light of circumstances under which they were made, not misleading, shall be liable to any person purchasing a unit from the vendor for those damages proximately caused by the vendor’s untrue statement or omission. However, an action may not be maintained to enforce any liability created under this section unless brought within 1 year after the facts constituting the cause of action are or should have been discovered.

(g) The rights of a purchaser under this section may not be waived in the contract of sale and any attempted waiver is void. However, if any purchaser proceeds to closing, his right under this section to rescind is terminated.

(h) This section does not apply to the sale of any unit which is to be occupied and used for nonresidential purposes.

(i) This section applies to the sale of any unit offered for sale in the State without regard to the location of the condominium.

(j) The provisions of this section do not apply to a sale of a unit in an action to foreclose a mortgage or deed of trust.
Md. Code, Tax - General § 11-702 — MD Code / Article gtg / Title 11 / Subtitle 7 / Section 11-702
§11–702.
Status: in_force

A person shall be licensed by the Comptroller before the person may:

(1) engage in the business of an out–of–state vendor in the State;

(2) engage in the business of a retail vendor in the State; or

(3) engage in the business of a marketplace facilitator.
Md. Code, Financial Institutions § 11-501 — MD Code / Article gfi / Title 11 / Subtitle 5 / Section 11-501
§11–501.
Status: in_force

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

(b) “Borrower” means a person who makes a loan application for or receives a loan or other extension of credit that is or is intended to be secured in whole or in part by any interest in a dwelling or residential real estate located in Maryland.

(b–1) (1) “Conventional home mortgage loan” means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or residential real estate on which a dwelling is constructed or intended to be constructed.

(2) “Conventional home mortgage loan” includes a loan in which funds are advanced through a shared appreciation agreement.

(3) “Conventional home mortgage loan” does not include a loan that is insured or guaranteed by the federal government.

(c) (1) “Dwelling” means a residential structure or mobile home that contains one to four family housing units or individual units of condominiums or cooperatives.

(2) “Dwelling” does not include a residential structure or mobile home unless the residential structure or mobile home, or at least one unit contained in the residential structure or mobile home, is owner–occupied.

(d) (1) “Independent evidence of commercial purpose” means, where a mortgage loan is made for a commercial purpose to an individual, any and all documentation by which the mortgage lender, prior to the making or procurement of the loan, establishes that the borrower is seeking funds for a legitimate commercial enterprise.

(2) “Independent evidence of commercial purpose” does not include an affidavit of the borrower without supporting evidence, except where:

(i) The borrower is seeking funds to start a business and has not yet incorporated or prepared documentation or proof of ownership of a commercial enterprise; and

(ii) The affidavit states the purpose for which the proceeds of the mortgage loan are to be used and the nature of the business conducted or to be conducted by the borrower.

(e) “Interest in real estate” includes:

(1) A confessed judgment note or consent judgment required or obtained by any person acting as a mortgage lender for the purpose of acquiring a lien on a dwelling or residential real estate;

(2) A sale and leaseback required or obtained by any person acting as a mortgage lender for the purpose of creating a lien on a dwelling or residential real estate;

(3) A mortgage, deed of trust or lien other than a judgment lien, on a dwelling or residential real estate; and

(4) Any other security interest that has the effect of creating a lien on a dwelling or residential real estate in Maryland.

(f) “License” means a license issued in any form by the Commissioner under this subtitle to engage in business as a mortgage lender, including as provided for through NMLS.

(f–1) “Licensed location” means any location listed by the licensee in NMLS in accordance with this subtitle.

(f–2) “Licensed name” means:

(1) The licensee’s legal name; and

(2) Any trade name used by the licensee in accordance with § 2–121 of this article.

(g) “Licensee” means a person licensed under this subtitle to engage in business as a mortgage lender.

(h) (1) “Loan application” means any oral or written request for an extension of credit that is made in accordance with procedures established by a mortgage lender for the purpose of inducing the lender to seek to procure or make a mortgage loan.

(2) “Loan application” does not include the use of an account or line of credit to obtain a loan within a previously established credit limit.

(i) “Mobile home” means a structure, including the plumbing, heating, air conditioning, and electrical systems contained in the structure, that is:

(1) Transportable in one or more sections;

(2) Eight or more body feet in width and 30 or more body feet in length;

(3) Built on a permanent chassis; and

(4) Permanently attached to land or connected to utility, water, or sewage facilities.

(j) “Mortgage broker” means a person who:

(1) For a fee or other valuable consideration, whether received directly or indirectly, aids or assists a borrower in obtaining a mortgage loan; and

(2) Is not named as a lender in the agreement, note, deed of trust, or other evidence of the indebtedness.

(k) (1) “Mortgage lender” means any person who:

(i) Is a mortgage broker;

(ii) Makes a mortgage loan to any person; or

(iii) Is a mortgage servicer.

(2) “Mortgage lender” does not include:

(i) A financial institution that accepts deposits and is regulated under Title 3, Title 4, Title 5, or Title 6 of this article;

(ii) The Federal Home Loan Mortgage Corporation;

(iii) The Federal National Mortgage Association;

(iv) The Government National Mortgage Association;

(v) Any person engaged exclusively in the acquisition of all or any portion of a mortgage loan under any federal, State, or local governmental program of mortgage loan purchases; or

(vi) An affiliated insurance producer–mortgage loan originator licensed under § 11–603.1 of this title.

(l) (1) “Mortgage lending business” means the activities set forth in the definition of “mortgage lender” in subsection (k) of this section which require that person to be licensed under this subtitle.

(2) “Mortgage lending business” includes the making or procuring of mortgage loans secured by a dwelling or residential real estate located outside Maryland.

(m) (1) “Mortgage loan” means any loan primarily for personal, family, or household use that is secured by a mortgage, deed of trust, or other equivalent consensual security interest on a dwelling or residential real estate on which a dwelling is constructed or intended to be constructed.

(2) “Mortgage loan” includes a loan in which funds are advanced through a shared appreciation agreement.

(n) “Mortgage loan originator” has the meaning stated in § 11–601 of this title.

(o) “Mortgage servicer” means a person who:

(1) Engages in whole or in part in the business of servicing mortgage loans for others; or

(2) Collects or otherwise receives payments on mortgage loans directly from borrowers for distribution to any other person.

(p) “Passive trust” means a trust that:

(1) Acquires or is assigned mortgage loans in whole or in part;

(2) Does not make mortgage loans;

(3) Is not a mortgage broker or a mortgage servicer; and

(4) Is not engaged in the servicing of mortgage loans, which does not include the act of transmitting or directing payments received by a mortgage servicer.

(q) “Person” means a natural person, corporation, limited liability company, partnership, business trust, statutory trust, or association.

(r) “Residential real estate” means any owner–occupied real property located in Maryland on which a dwelling is constructed or intended to be constructed.

(s) “Shared appreciation agreement” means a writing evidencing a transaction or any option, future, or any other derivative between a person and a consumer where the consumer receives money or any other item of value in exchange for an interest or future interest in a dwelling or residential real estate, or a future obligation to repay a sum on the occurrence of an event such as:

(1) The transfer of ownership;

(2) A repayment maturity date;

(3) The death of the consumer; or

(4) Any other event contemplated by the writing.

(t) “State” means the State of Maryland.

(u) “Trust” includes any trust established under the laws of the State or any other state.
Md. Code, Criminal Law § 11-105 — MD Code / Article gcr / Title 11 / Subtitle 1 / Section 11-105
§11–105.
Status: in_force

(a) A person may not knowingly display for advertising purposes a picture, photograph, drawing, sculpture, or other visual representation or image of an individual or portion of a human body that:

(1) depicts sadomasochistic abuse;

(2) depicts sexual conduct as defined by § 11–101(d)(1), (2), or (3) of this subtitle;

(3) depicts sexual excitement; or

(4) contains a verbal description or narrative account of sadomasochistic abuse, sexual conduct, or sexual excitement.

(b) A person may not knowingly allow a display described in subsection (a) of this section on premises that the person owns, rents, or manages.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
Md. Code, Real Property § 11B-113.3 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-113.3
§11B–113.
Status: in_force

§11B–113.3.

(a) This section applies to any recorded covenant or restriction that restricts ownership based on race, religious belief, or national origin, including a covenant or restriction that is part of a uniform general scheme or plan of development.

(b) (1) The governing body of a homeowners association shall delete any recorded covenant or restriction that restricts ownership based on race, religious belief, or national origin from the common area deeds or other declarations of property in the development.

(2) Notwithstanding the provisions of a governing document, the governing body of a homeowners association may delete a recorded covenant or restriction that restricts ownership based on race, religious belief, or national origin from the common area deeds or other declarations of property in the development without approval of the lot owners.

(3) The governing body of the homeowners association shall record with the clerk of the court in the jurisdiction where the development is located an amendment to the common area deeds or other declarations that include the recorded covenant or restriction that provides for the deletion of the recorded covenant or restriction from the common area deeds or declarations of the property in the development.

(c) Beginning on October 1, 2019, within 180 days after receiving a written request from a lot owner, the governing body of a homeowners association shall delete a recorded covenant or restriction that restricts ownership based on race, religious belief, or national origin from the common area deeds or other declarations of property in the development, in accordance with this section.
Md. Code, Economic Development § 11-325 — MD Code / Article gec / Title 11 / Subtitle 3 / Section 11-325
§11–325.
Status: in_force

This subtitle may be cited as the Maryland Local Military Installation Redevelopment Authority Act.
Md. Code, Transportation § 11-134.4 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-134.4
§11–134.
Status: in_force

§11–134.4.

(a) “Motorized minibike” means a motor vehicle that:

(1) Has two or three wheels; and

(2) Is not subject to registration under Title 13 of this article.

(b) “Motorized minibike” does not include:

(1) A motor scooter;

(2) A moped;

(3) A farm tractor;

(4) An electric bicycle; or

(5) An electric low speed scooter.
Md. Code, Education § 11-210 — MD Code / Article ged / Title 11 / Subtitle 2 / Section 11-210
§11–210.
Status: in_force

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

(2) “Annual revenue” means the revenue generated during an institution of postsecondary education’s fiscal year that can be included in its calculation related to compliance with 20 U.S.C. § 1094(a)(24).

(3) (i) “Federal funds” means any federal financial assistance provided to an institution of postsecondary education through a grant, a contract, a subsidy, a loan, a guarantee, an insurance policy, or any other means.

(ii) “Federal funds” includes federal financial assistance that is disbursed to a for–profit institution of higher education or a private career school under any federal law on behalf of a student to be used to attend the institution or school.

(iii) “Federal funds” does not include any monthly housing stipend provided under the federal Post–9/11 Veterans Educational Assistance Act of 2008.

(b) Subject to subsection (c) of this section, this section applies to:

(1) A for–profit institution of higher education approved to operate in the State;

(2) A for–profit institution of higher education that enrolls Maryland residents in a fully online distance education program in the State; and

(3) A private career school approved to operate in the State that has not been determined by the Internal Revenue Service to be an organization to which contributions are tax deductible in accordance with § 501(c)(3) of the Internal Revenue Code.

(c) An institution or a school described in subsection (b) of this section shall:

(1) Be approved by the Commission to receive education assistance under the federal Post–9/11 Veterans Educational Assistance Act of 2008; and

(2) Have received funds to pay for students’ tuition, fees, or other institutional charges through Title IV of the federal Higher Education Act of 1965 during the prior academic year for which the tuition, fees, and other institutional charges collected per full–time equivalent student enrolled would not be covered in full by the amount of the maximum level of federal Pell Grant funds.

(d) At least 10% of the institution’s or school’s annual revenue shall be from a source other than federal funds.

(e) An institution or a school described under subsection (b) of this section may not enroll new Maryland residents in a program if, beginning in fiscal year 2023:

(1) In 2 out of 3 of the immediately preceding fiscal years the institution or school fails to satisfy the provisions of subsection (d) of this section; or

(2) For 2 consecutive years the institution or school fails to satisfy the provisions of subsection (d) of this section.

(f) On or before December 1, 2020, the Commission shall adopt regulations to carry out this section.
Md. Code, Alcoholic Beverages and Cannabis § 11-1501 — MD Code / Article gab / Title 11 / Subtitle 15 / Section 11-1501
§11–1501.
Status: in_force

(a) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local Licenses”) of Division I of this article apply in the county without exception or variation:

(1) § 4–205 (“Chain store, supermarket, or discount house”);

(2) § 4–206 (“Limitations on retail sales floor space”);

(3) § 4–207 (“Licenses issued to minors”);

(4) § 4–209 (“Hearing”);

(5) § 4–210 (“Approval or denial of license application”);

(6) § 4–211 (“License forms; effective date; expiration”); and

(7) § 4–212 (“License not property”).

(b) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local Licenses”) of Division I of this article apply in the county:

(1) § 4–202 (“Authority of local licensing boards”), subject to §§ 11–1502 through 11–1504 of this subtitle;

(2) § 4–203 (“Prohibition against issuing multiple licenses to individual or for use of entity”), subject to §§ 11–1505, 11–1506, and 11–1507 of this subtitle and Subtitle 13, Part III and Subtitle 16, Part II of this title;

(3) § 4–204 (“Prohibition against issuing multiple licenses for same premises”), subject to § 11–1506 of this subtitle and Subtitle 13, Part III of this title;

(4) § 4–208 (“Notice of license application required”), subject to § 11–1508 of this subtitle;

(5) § 4–213 (“Replacement licenses”), subject to § 11–1509 of this subtitle; and

(6) § 4–214 (“Waiting periods after denial of license applications”), subject to § 11–1510 of this subtitle.
Md. Code, Transportation § 11-145.1 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-145.1
§11–145.
Status: in_force

§11–145.1.

(a) “Plug–in electric drive vehicle” means a motor vehicle that:

(1) Is made by a manufacturer;

(2) Is manufactured primarily for use on public streets, roads, and highways;

(3) Is rated at not more than 8,500 pounds unloaded gross vehicle weight;

(4) Has a maximum speed capability of at least 55 miles per hour; and

(5) Is propelled to a significant extent by an electric motor that draws electricity from a battery that:

(i) Has a capacity of not less than 4 kilowatt–hours for 4–wheeled motor vehicles and not less than 2.5 kilowatt–hours for 2–wheeled or 3–wheeled motor vehicles; and

(ii) Is capable of being recharged from an external source of electricity.

(b) “Plug–in electric drive vehicle” includes a qualifying vehicle that has been modified from original manufacturer specifications.
Md. Code, Insurance § 11-307 — MD Code / Article gin / Title 11 / Subtitle 3 / Section 11-307
§11–307.
Status: in_force

(a) (1) Except as otherwise provided in this subsection, each authorized insurer and each rating organization that has been designated by an insurer for the filing of rates under subsection (b) of this section shall file with the Commissioner all rates and supplementary rate information and all changes and amendments of rates and supplementary information made by it for use in the State on or before the date they become effective.

(2) Rates and supplementary rate information need not be filed for inland marine risks that by general custom are not written according to manual rules or rating plans.

(b) (1) An insurer may itself establish rates and supplementary rate information based on the factors in § 11–306 of this subtitle.

(2) Except for workers’ compensation insurance rates, an insurer may use rates and supplementary rate information prepared and filed with the Commissioner by a rating organization of which it is a member or subscriber, with average loss factors or expense factors determined by the rating organization or with modification for its own expense and loss experience as the credibility of that experience allows.

(3) If an insurer uses rates and supplementary rate information prepared by a rating organization:

(i) the insurer shall notify the Commissioner that it uses rates and supplementary rate information prepared and filed with the Commissioner by a designated rating organization of which it is a member or subscriber and shall provide the Commissioner with information about modifications of those rates and supplementary rate information that is necessary to inform the Commissioner fully; and

(ii) subject to modifications filed by the insurer, the insurer’s rates and supplementary rate information shall be those filed periodically by the rating organization, including any amendments to those filings.

(c) (1) In this subsection, “proprietary rate–related information”:

(i) means a rating model; and

(ii) includes the formulas, algorithms, analyses, and specific weights given to variables used in the model.

(2) (i) Except as provided in paragraph (3) of this subsection, each filing and any supporting information filed under this subtitle shall be open to public inspection as soon as filed.

(ii) On request and payment of a reasonable charge, a person may obtain copies of a filing and any supporting information.

(3) (i) Information that an insurer files with the Commissioner and identifies as proprietary rate–related information:

1. constitutes a trade secret and confidential commercial information;

2. subject to subparagraph (ii) of this paragraph and except as provided in subparagraph (iii) of this paragraph, shall be kept confidential by the Commissioner; and

3. is not subject to subpoena served on the Commissioner or any recipient of proprietary rate–related information under subparagraph (iii) of this paragraph.

(ii) 1. Except as provided in subsubparagraph 2 of this subparagraph, if the Commissioner determines that some or all of the material that an insurer files and identifies as proprietary rate–related information does not constitute proprietary rate–related information as defined in paragraph (1) of this subsection, the Commissioner shall:

A. give the insurer written notice of that determination; and

B. make the material open to public inspection 10 business days after the date the Commissioner gives notice of the determination to the insurer.

2. The Commissioner may not disclose the material if:

A. the insurer has not put the rate filing into effect; and

B. within the time period described in subsubparagraph 1B of this subparagraph, the insurer withdraws the rate filing and notifies the Commissioner that the rate filing is withdrawn.

(iii) This paragraph does not prohibit the Commissioner from disclosing an insurer’s proprietary rate–related information:

1. in furtherance of a regulatory or legal action that the Commissioner undertakes in performing the Commissioner’s duties under this article;

2. if the recipient enters into a written agreement to maintain the confidentiality of the proprietary rate–related information, to:

A. an outside consultant that the Commissioner engages to assist the Commissioner in reviewing the insurer’s rate filing;

B. another state’s insurance regulatory agency;

C. the National Association of Insurance Commissioners; or

D. a state or federal law enforcement authority, including the United States Department of Justice and the Maryland Attorney General, if acting in a law enforcement capacity; or

3. if the proprietary rate–related information is part of a homeowner’s insurance rate filing, to the People’s Insurance Counsel Division acting under § 6–306 of the State Government Article.

(iv) 1. Except as provided in subsubparagraph 2 of this subparagraph, the People’s Insurance Counsel Division shall maintain the confidentiality of proprietary rate–related information disclosed to the Division under subparagraph (iii)3 of this paragraph.

2. The People’s Insurance Counsel Division may disclose proprietary rate–related information to an outside consultant that the Division engages to assist the Division in reviewing a homeowner’s insurance rate filing, provided that the outside consultant enters into a written agreement to maintain the confidentiality of the proprietary rate–related information.

(v) The Commissioner shall notify the insurer in writing at least 10 business days before the Commissioner discloses any of the insurer’s proprietary rate–related information under subparagraph (iii) of this paragraph.

(vi) In addition to any other rights an insurer may have under any other applicable law, the insurer may seek to have any disclosure of the insurer’s proprietary rate–related information under subparagraph (iii)1 of this paragraph be made under seal or other protection of confidentiality.

(vii) There is no waiver of any applicable privilege or claim of confidentiality with regard to any proprietary rate–related information that is disclosed under subparagraph (iii) of this paragraph.

(4) This subsection may not be construed to:

(i) authorize an insurer to designate the rating factors used to calculate the premium as proprietary rate–related information; or

(ii) authorize the Commissioner to keep the rating factors confidential.

(d) (1) The Commissioner may investigate and determine whether or not rates in the State are excessive, inadequate, or unfairly discriminatory.

(2) In an investigation and determination under this subsection, the Commissioner shall give due consideration to the factors specified in § 11–306 of this subtitle.
Md. Code, Courts and Judicial Proceedings § 11-106 — MD Code / Article gcj / Title 11 / Subtitle 1 / Section 11-106
§11–106.
Status: in_force

(a) A money judgment entered in an action arising from a contract for the loan of money shall carry interest at the rate charged in the contract on any balance remaining unpaid until the date of maturity of the contract as originally scheduled. However, the rate of interest shall be on the unpaid principal of the money borrowed. The provisions of this section do not apply to any loan secured by a mortgage or deed of trust. The provisions of this section do not apply when the contractual rate of interest for a student loan of money is less than the prevailing legal rate of interest allowable on the judgment, as set forth in § 11-107 of this subtitle, unless the agreement for the loan of money expressly provides otherwise.

(b) In this section, “student loan” means any loan or advance of funds, money, or credit to an individual by an institution of higher learning or a lender to defray, in part or in full, educational or educational related expenses. It includes national defense, national direct, health professional, and nursing student loans.
Md. Code, Criminal Procedure § 11-708 — MD Code / Article gcp / Title 11 / Subtitle 7 / Section 11-708
§11–708.
Status: in_force

(a) When a registrant registers, the supervising authority shall:

(1) give written notice to the registrant of the requirements of this subtitle;

(2) explain the requirements of this subtitle to the registrant, including:

(i) the duties of a registrant when the registrant changes residence address in this State or changes the county in which the registrant habitually lives;

(ii) the duties of a registrant under § 11–705 of this subtitle;

(iii) the requirement for a sex offender to register in person with the local law enforcement unit of each county where the sex offender will reside or habitually live or where the sex offender who is not a resident of this State is a transient or will work or attend school; and

(iv) the requirement that if the registrant changes residence address, employment, or school enrollment to another state that has a registration requirement, the registrant shall register with the designated law enforcement unit or sex offender registration unit of that state within 3 days after the change; and

(3) obtain a statement signed by the registrant acknowledging that the supervising authority explained the requirements of this subtitle and gave written notice of the requirements to the registrant.

(b) (1) The supervising authority shall obtain an updated digital image, fingerprints, and palm prints of the registrant and forward the updated digital image, fingerprints, and palm prints to the Department.

(2) For a registrant who has not submitted a DNA sample, as defined in § 2–501 of the Public Safety Article, for inclusion in the statewide DNA database system of the Department of State Police Crime Laboratory, the supervising authority shall:

(i) obtain a DNA sample from the registrant at the registrant’s initial registration; and

(ii) provide the sample to the statewide DNA database system of the Department of State Police Crime Laboratory.

(c) (1) Within 3 days after obtaining a registration statement, the supervising authority shall send a copy of the registration statement with the attached fingerprints, palm prints, and updated digital image of the registrant to the local law enforcement unit in each county where the registrant will reside or habitually live or where a registrant who is not a resident is a transient or will work or attend school.

(2) (i) If the registrant is enrolled in or carries on employment at, or is expecting to enroll in or carry on employment at, an institution of higher education in the State, within 3 days after obtaining a registration statement, the supervising authority shall send a copy of the registration statement with the attached fingerprints, palm prints, and updated digital image of the registrant to the campus police agency of the institution of higher education.

(ii) If an institution of higher education does not have a campus police agency, the copy of the registration statement with the attached fingerprints, palm prints, and updated digital image of the registrant shall be provided to the local law enforcement agency having primary jurisdiction for the campus.

(d) As soon as possible but not later than 3 working days after the registration is complete, a supervising authority that is not a unit of the Department shall send the registration statement to the Department.
Md. Code, Commercial Law § 11-1202 — MD Code / Article gcl / Title 11 / Subtitle 12 / Section 11-1202
§11–1202.
Status: in_force

(a) Actual or threatened misappropriation may be enjoined.

(b) Upon application to the court, an injunction shall be terminated when the trade secret has ceased to exist, but the injunction may be continued for an additional reasonable period of time in order to eliminate commercial advantage that otherwise would be derived from the misappropriation.

(c) In exceptional circumstances, an injunction may condition future use upon payment of a reasonable royalty for no longer than the period of time for which use could have been prohibited.

(d) In appropriate circumstances, affirmative acts to protect a trade secret may be compelled by court order.

(e) In this section, “exceptional circumstances” includes a material and prejudicial change of position prior to acquiring knowledge or reason to know of misappropriation that renders a prohibitive injunction inequitable.
Md. Code, Transportation § 11-132 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-132
§11–132.
Status: in_force

(a) “Manufacturer” means a person in the business of constructing or assembling vehicles of a type required to be registered under Title 13 of this article.

(b) “Manufacturer” includes the first-stage manufacturer and the second-stage manufacturer of a two-stage vehicle, as these terms are defined in § 13-113.2 of this article.
Md. Code, Criminal Law § 11-211 — MD Code / Article gcr / Title 11 / Subtitle 2 / Section 11-211
§11–211.
Status: in_force

When the conviction of a person for a violation of this subtitle becomes final, the court may order the destruction of any matter or advertisement that was the basis of the person’s conviction and that remains in the possession or under the control of the court, the State, or a law enforcement unit.
Md. Code, Corporations and Associations § 11-404 — MD Code / Article gca / Title 11 / Subtitle 4 / Section 11-404
§11–404.
Status: in_force

(a) (1) The registration of an agent expires when the agent terminates a connection with a registered broker-dealer or with an issuer.

(2) The registration of an investment adviser representative expires when the representative terminates a connection with:

(i) An investment adviser registered under this subtitle; or

(ii) A federal covered adviser subject to notice filing under § 11-405(b) of this subtitle.

(b) (1) When a person who is currently registered as an agent under this subtitle begins a connection with another broker-dealer or issuer, the person shall file an application for initial registration as provided in § 11-405 of this subtitle and shall pay the fee required by § 11-407 of this subtitle.

(2) When a person who is currently registered as an investment adviser representative under this subtitle begins a connection with another investment adviser or federal covered adviser, the person shall file an application for initial registration as provided in § 11-405 of this subtitle and pay the fee required by § 11-407 of this subtitle.

(c) Unless the Commissioner takes action under §§ 11-412 through 11-414 of this subtitle to deny or suspend the registration, the agent or investment adviser representative registration shall become effective 30 days after receipt of the application by the Commissioner and shall continue in effect until it expires under the provisions of § 11-403 of this subtitle or under the provisions of this section, whichever would occur earlier. The Commissioner may waive the 30-day period or any portion of it at the Commissioner’s discretion.
Md. Code, Criminal Procedure § 11-925 — MD Code / Article gcp / Title 11 / Subtitle 9 / Section 11-925
§11–925.
Status: in_force

Applicable health care services shall be given without charge to a victim of sexual abuse, as provided under § 11–1007 of this title.
Md. Code, Criminal Procedure § 11-115 — MD Code / Article gcp / Title 11 / Subtitle 1 / Section 11-115
§11–115.
Status: in_force

The results of a test held under Part II of this subtitle are not admissible as evidence of guilt or innocence in a criminal proceeding arising out of the alleged prohibited exposure.
Md. Code, Human Services § 11-503 — MD Code / Article ghu / Title 11 / Subtitle 5 / Section 11-503
§11–503.
Status: in_force

(a) In applying for and spending grant money from the Corporation, grantees shall consider the relative needs for service of clients, particularly the needs of eligible clients who have special difficulties of access to legal services or who have special legal problems, including elderly individuals and individuals with disabilities.

(b) Funds provided to grantees under this title may not be used:

(1) to provide legal assistance for a fee-generating case;

(2) to provide legal assistance for the defense of a criminal prosecution;

(3) to provide legal assistance in a civil action to a person who has been convicted of a criminal charge if the civil action:

(i) arises out of an alleged act or failure to act; and

(ii) is brought against an official of the court or a law enforcement official to challenge the validity of the criminal conviction;

(4) to influence the issuance, amendment, or revocation of an executive order or similar promulgation by a federal, State, or local unit, or to influence the passage or defeat of legislation by the United States Congress, or by a State or local legislative body, or a State proposal by referendum or petition;

(5) to contribute to or be made available to a political party or association or the campaign of a candidate for public or party office; or

(6) to provide representation in a class action suit.
Md. Code, Family Law § 11-104 — MD Code / Article gfl / Title 11 / Subtitle 1 / Section 11-104
§11–104.
Status: in_force

(a) In a proceeding for a limited or absolute divorce, the court may award to the plaintiff alimony as a part of a decree granting a divorce or alimony pendente lite, if:

(1) the bill of complaint asks for alimony and says that the defendant owns property in this State; and

(2) the court lacks or is unable to exercise personal jurisdiction over the defendant.

(b) Any alimony or alimony pendente lite that is awarded under this section is payable only from the property referred to in the bill of complaint or the proceeds of that property. The court may pass any order regarding the property that is necessary to make the award effective.
Md. Code, Transportation § 11-103.5 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-103.5
§11–103.
Status: in_force

§11–103.5.

“Autocycle” means a motor vehicle that:

(1) Has two front wheels and one rear wheel;

(2) Has a steering mechanism;

(3) Has permanent seats on which the operator or a passenger is not required to sit astride;

(4) Has foot pedals to control at least one of the following:

(i) Acceleration;

(ii) Braking; or

(iii) If applicable, a clutch; and

(5) Is manufactured to comply with federal safety standards for motorcycles.
Md. Code, Alcoholic Beverages and Cannabis § 11-1804 — MD Code / Article gab / Title 11 / Subtitle 18 / Section 11-1804
§11–1804.
Status: in_force

Notwithstanding § 11–1505 of this title, a person that has an interest in more than one license may renew the licenses.
Md. Code, Real Property § 11-109.1 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-109.1
§11–109.
Status: in_force

§11–109.1.

(a) A meeting of the board of directors may be held in closed session only for the following purposes:

(1) Discussion of matters pertaining to employees and personnel;

(2) Protection of the privacy or reputation of individuals in matters not related to the council of unit owners’ business;

(3) Consultation with legal counsel on legal matters;

(4) Consultation with staff personnel, consultants, attorneys, board members, or other persons in connection with pending or potential litigation or other legal matters;

(5) Investigative proceedings concerning possible or actual criminal misconduct;

(6) Consideration of the terms or conditions of a business transaction in the negotiation stage if the disclosure could adversely affect the economic interests of the council of unit owners;

(7) Complying with a specific constitutional, statutory, or judicially imposed requirement protecting particular proceedings or matters from public disclosure; or

(8) Discussion of individual owner assessment accounts.

(b) If a meeting is held in closed session under subsection (a) of this section:

(1) An action may not be taken and a matter may not be discussed if it is not permitted by subsection (a) of this section; and

(2) A statement of the time, place, and purpose of any closed meeting, the record of the vote of each board member by which any meeting was closed, and the authority under this section for closing any meeting shall be included in the minutes of the next meeting of the board of directors.

(c) Nothing in this section may be interpreted to authorize the board of directors to withhold or agree to withhold from the unit owners the terms of any legal agreement to which the council of unit owners is a party.
Md. Code, Real Property § 11A-109 — MD Code / Article grp / Title 11A / Subtitle 1 / Section 11A-109
§11A–109.
Status: in_force

(a) If the number of time–shares in a time–share project is more than 12, the developer, before the first transfer of a time–share, shall provide a managing entity. The managing entity may be the developer during the developer control period or the association. If the time–share project is part of a larger project containing time–share units and other units, the managing entity may be the entity that manages the larger project. If the larger project is a condominium regime, the managing entity may be the condominium council with the consent of all condominium owners. If the number of time–shares in the time–share project is 12 or fewer and there is no managing entity, 3 or more time–share owners may form an association.

(b) In the absence of a managing entity required by this section, a court upon application of a party in interest, may appoint and prescribe the powers of a managing entity.

(c) Except as otherwise provided in the time–share instrument, the managing entity has the power to:

(1) Institute, defend, or intervene in litigation or other legal proceedings in its own name on behalf of itself or 2 or more time–share owners on matters affecting time–shares, time–share units, or the time–share project;

(2) Adopt and amend reasonable rules and regulations;

(3) Indemnify its directors and officers and maintain directors’ and officers’ liability insurance with respect to the time–share project;

(4) Impose charges for late payments of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violation of the time–share instrument, bylaws, and rules and regulations of the time–share project; and

(5) Exercise any other powers necessary and proper for the governance and operation of the time–share project.

(d) Except to the extent otherwise provided in the time–share instrument, and to the extent of funds available to it for such purposes, the managing entity is responsible for the maintenance and repair of and replacements to the time–share units and any personal property available for use by time–share owners, other than personal property separately owned by a time–share owner. Each time–share owner shall afford access through his time–share unit reasonably necessary for these purposes, but if damage is inflicted on such time–share unit through which access is afforded, then in such event the managing entity shall promptly repair such damage.

(e) Subject to the limitations of this section, the association shall be subject to Title 5, Subtitle 2 of the Corporations and Associations Article.

(f) A director of an association may be removed from office in accordance with the articles of incorporation of the association. If the articles of incorporation do not provide for removal, a director may be removed at a meeting called for that purpose, with or without cause, by such vote as would suffice for his election. The costs for reproduction and mailing of the proxies used to remove any director shall be reimbursed to the member incurring such costs if the member requests such reimbursement and the director is in fact removed.

(g) (1) The association shall maintain and make available on written request to a member in good standing of the association at reasonable cost, a list of the names and addresses of all members.

(2) A list provided to a member under paragraph (1) of this subsection:

(i) Shall be used only for purposes of conducting association business; and

(ii) May not be:

1. Used for commercial gain or other pecuniary benefit for the member, the member’s agent, or any other person or entity; or

2. Copied, sold, or otherwise delivered or disseminated.

(h) (1) (i) If an association has not held a meeting for 3 years, a special meeting shall be called by the directors. Notice of the meeting and sample proxy forms shall be sent to all members at least 30 days prior to the meeting.

(ii) Unless a smaller number is provided for in the articles of incorporation or bylaws, the presence of 25 percent of the members, in person or by proxy, shall constitute a quorum.

(2) (i) If the number of members present at the special meeting is insufficient to constitute a quorum, not more than 6 months thereafter a second special meeting shall be called.

(ii) Notice of the meeting and sample proxy forms shall be sent to all members at least 30 days before the meeting.

(iii) Notice of a second special meeting shall contain a statement that any business may be considered at the meeting, including amendment of the association’s articles of incorporation or bylaws.

(iv) At this special meeting, the presence of 5 percent of the members, in person or by proxy shall constitute a quorum.

(3) At any special meeting held under this subsection, any action may be taken by simple majority vote, including amendment of the association’s articles of incorporation or bylaws.
Md. Code, Real Property § 11A-124 — MD Code / Article grp / Title 11A / Subtitle 1 / Section 11A-124
§11A–124.
Status: in_force

(a) It is unlawful for any developer to sell or offer to sell a time-share in this State unless the developer has designated a person as the project broker for the time-share project. The time-share project shall be considered a separate real estate office for purposes of the real estate licensing laws of this State.

(b) It is unlawful for any person to act as project broker for a time-share project unless such person is a licensed real estate broker.

(c) It is unlawful for any person to sell, advertise, or offer for sale any time-share unless such person is a licensed real estate broker, associate real estate broker, or real estate salesperson, or is exempt from licensure under the Maryland Real Estate Brokers Act.

(d) Notwithstanding subsection (c) of this section, any person who is not a licensed real estate broker, associate real estate broker, or real estate salesperson may be employed by the developer or project broker to contact but not solicit, in person or by telephone, any person to attend any sales presentation concerning a time-share project, provided however, that the person so employed:

(1) Performs only clerical tasks;

(2) Merely arranges appointments induced by others; or

(3) Only prepares or distributes promotional materials.