Md. Code, Public Safety § 4-103 — MD Code / Article gps / Title 4 / Subtitle 1 / Section 4-103
§4–103.
Status: in_force

(a) The Executive Director shall establish procedures for local law enforcement agencies to apply for money from the Fund.

(b) A local law enforcement agency that applies for money from the Fund shall provide the Executive Director with the following information:

(1) the number of violent crime incidents committed within the jurisdiction of the local law enforcement agency for the last 2 years;

(2) the current number of sworn officers;

(3) the current number of sworn officers not assigned protective body armor;

(4) the number and age of protective body armor units currently in use by the local law enforcement agency;

(5) the number of protective body armor units requested:

(i) for officers not currently assigned protective body armor; and

(ii) for officers assigned protective body armor in need of replacement due to age or wear;

(6) the regulations of the local law enforcement agency that relate to the use of protective body armor;

(7) the local law enforcement agency’s budget request for supplies and equipment for the current and last 2 fiscal years; and

(8) any other information that the Executive Director considers necessary to make grants for protective body armor.
Md. Code, Business Occupations and Professions § 4-201 — MD Code / Article gbo / Title 4 / Subtitle 2 / Section 4-201
§4–201.
Status: in_force

There is a State Board of Barbers in the Department.
Md. Code, Natural Resources § 4-509 — MD Code / Article gnr / Title 4 / Subtitle 5 / Section 4-509
§4–509.
Status: in_force

A person may not use or attempt to use any electronic device on any boat in the waters of the State or on any aircraft within the State, or use or attempt to use any aircraft, to detect the presence of finfish for any purpose. However, fishermen may use depth finders from boats to detect the presence of finfish. A person also may not use or attempt to use any device that may lure finfish by electrical impulses. This section does not prohibit the Department from using any electronic or electrical device for scientific research, law enforcement or other purpose, nor prohibit use of a fathometer or depth recorder for navigational purposes. Any person who violates this section is guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding one year, or both, with costs imposed in the discretion of the court.
Md. Code, Economic Development § 4-603 — MD Code / Article gec / Title 4 / Subtitle 6 / Section 4-603
§4–603.
Status: in_force

(a) There is a Maryland Commission on Public Art.

(b) (1) The Commission consists of the following 11 members:

(i) as designated by the chair of the Council, either the Executive Director or a member of the Maryland State Arts Council established under Subtitle 5 of this title;

(ii) as designated by the chair of the Trust, either the Director or a member of the Maryland Historical Trust established under Title 5A, Subtitle 3 of the State Finance and Procurement Article;

(iii) as designated by the State Archivist, either the State Archivist or a member of the Commission on Artistic Property established under Title 9, Subtitle 10 of the State Government Article;

(iv) the Comptroller or the Comptroller’s designee; and

(v) seven public members appointed by the Secretary with the approval of the Governor.

(2) (i) The Secretary shall include as public members representatives of the artistic community who have professional expertise as artists, curators, art historians, art educators, or architects.

(ii) A public member serves at the pleasure of the Secretary.

(c) With the approval of the Governor, the Secretary shall designate a chair from among the public members of the Commission.

(d) A member of the Commission:

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

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

(e) The Maryland State Arts Council shall provide staff to the Commission.
Md. Code, Natural Resources § 4-1031 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1031
§4–1031.
Status: in_force

(a) In this section, “transverse dimension” means the measurement across both shells of a hard–shell clam at the widest point perpendicular to the hinge line where the two shells meet.

(b) A clam dealer may possess hard–shell clams having a transverse dimension of less than the size required by the Department if the dealer offers a bill of lading approved by the Department as proof that all clams were caught in waters outside the State.
Md. Code, Housing and Community Development § 4-301 — MD Code / Article ghs / Title 4 / Subtitle 3 / Section 4-301
§4–301.
Status: in_force

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

(b) “Eligible homebuyer” means an individual who meets the qualifications under § 4-305 of this subtitle.

(c) “Fund” means the Homeownership Programs Fund.

(d) (1) “Homebuyer education” means instruction in preparing for homeownership, shopping for a home, getting a mortgage loan, loan closing, and life as a homeowner.

(2) “Homebuyer education” includes housing counseling.

(e) “Program” means the Down Payment and Settlement Expense Loan Program.

(f) “Program loan” means a loan that the Department makes under this subtitle.

(g) (1) “Settlement expenses” means money that must be paid at the time of the purchase of real estate.

(2) “Settlement expenses” includes:

(i) fees and premiums for title examination, title insurance, and similar expenses;

(ii) fees for preparing deeds, settlement statements, and other documents;

(iii) payments owed at settlement for property taxes and hazard insurance coverage;

(iv) escrows for future payments of taxes and hazard insurance;

(v) fees for notarizing deeds and other documents;

(vi) appraisal fees;

(vii) fees for credit reports;

(viii) transfer and recordation taxes and fees;

(ix) fees and premiums for mortgage insurance; and

(x) loan discount points and origination fees.
Md. Code, General Provisions § 4-205 — MD Code / Article ggp / Title 4 / Subtitle 2 / Section 4-205
§4–205.
Status: in_force

(a) (1) In this section, “metadata” means information, generally not visible when an electronic document is printed, describing the history, tracking, or management of the electronic document, including information about data in the electronic document that describes how, when, and by whom the data is collected, created, accessed, or modified and how the data is formatted.

(2) “Metadata” does not include:

(i) a spreadsheet formula;

(ii) a database field;

(iii) an externally or internally linked file; or

(iv) a reference to an external file or a hyperlink.

(b) Except as otherwise provided in this section, if an applicant who is authorized to inspect a public record requests a copy, printout, or photograph of the public record, the custodian shall provide the applicant with:

(1) a copy, printout, or photograph of the public record; or

(2) if the custodian does not have facilities to reproduce the public record, access to the public record to make the copy, printout, or photograph.

(c) (1) Except as provided in paragraph (2) of this subsection, the custodian of a public record shall provide an applicant with a copy of the public record in a searchable and analyzable electronic format if:

(i) the public record is in a searchable and analyzable electronic format;

(ii) the applicant requests a copy of the public record in a searchable and analyzable electronic format; and

(iii) the custodian is able to provide a copy of the public record, in whole or in part, in a searchable and analyzable electronic format that does not disclose:

1. confidential or protected information for which the custodian is required to deny inspection in accordance with Subtitle 3, Parts I through III of this title; or

2. information for which a custodian has chosen to deny inspection in accordance with Subtitle 3, Part IV of this title.

(2) The State Department of Assessments and Taxation is not required to provide an applicant with a copy of the public record in a searchable and analyzable electronic format if the State Department of Assessments and Taxation has provided the public record to a contractor that will provide the applicant a copy of the public record in a searchable and analyzable electronic format for a reasonable cost.

(3) A custodian may remove metadata from an electronic document before providing the electronic document to an applicant by:

(i) using a software program or function; or

(ii) converting the electronic document into a different searchable and analyzable format.

(4) This subsection may not be construed to:

(i) require the custodian to reconstruct a public record in an electronic format if the custodian no longer has the public record available in an electronic format;

(ii) allow a custodian to make a public record available only in an electronic format;

(iii) require a custodian to create, compile, or program a new public record; or

(iv) require a custodian to release an electronic record in a format that would jeopardize or compromise the security or integrity of the original record or of any proprietary software in which the record is maintained.

(5) If a public record exists in a searchable and analyzable electronic format, the act of a custodian providing a portion of the public record in a searchable and analyzable electronic format does not constitute creating a new public record.

(d) (1) The copy, printout, or photograph shall be made:

(i) while the public record is in the custody of the custodian; and

(ii) whenever practicable, where the public record is kept.

(2) The official custodian may set a reasonable time schedule to make copies, printouts, or photographs.
Md. Code, Criminal Law § 4-208 — MD Code / Article gcr / Title 4 / Subtitle 2 / Section 4-208
§4–208.
Status: in_force

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

(2) (i) “Demonstration” means one or more persons demonstrating, picketing, speechmaking, marching, holding a vigil, or engaging in any other similar conduct that involves the communication or expression of views or grievances and that has the effect, intent, or propensity to attract a crowd or onlookers.

(ii) “Demonstration” does not include the casual use of property by visitors or tourists that does not have the intent or propensity to attract a crowd or onlookers.

(3) (i) “Firearm” means a handgun, rifle, shotgun, short–barreled rifle, short–barreled shotgun, or any other firearm, whether loaded or unloaded.

(ii) “Firearm” does not include an antique firearm.

(4) “Handgun” has the meaning stated in § 5–101 of the Public Safety Article.

(5) “Law enforcement officer” means:

(i) a member of a police force or other unit of the United States, the State, a county, municipal corporation, or other political subdivision who is responsible for the prevention and detection of crime and the enforcement of the laws of the United States, the State, a county, municipal corporation, or other political subdivision;

(ii) a park police officer of the Maryland–National Capital Park and Planning Commission;

(iii) a member of the University System of Maryland Police Force; and

(iv) any military or militia personnel directed by constituted authority to keep law and order.

(6) (i) “Public place” means a place to which the general public has access and a right to resort for business, entertainment, or other lawful purpose.

(ii) “Public place” is not limited to a place devoted solely to the uses of the public.

(iii) “Public place” includes:

1. the front or immediate area or parking lot of a store, restaurant, tavern, shopping center, or other place of business;

2. a public building, including its grounds and curtilage;

3. a public parking lot;

4. a public street, sidewalk, or right–of–way;

5. a public park; and

6. other public grounds.

(b) (1) This subsection does not apply to a law enforcement officer.

(2) A person may not have a firearm in the person’s possession or on or about the person at a demonstration in a public place or in a vehicle that is within 1,000 feet of a demonstration in a public place after:

(i) the person has been advised by a law enforcement officer that a demonstration is occurring at the public place; and

(ii) the person has been ordered by the law enforcement officer to leave the area of the demonstration until the person disposes of the firearm.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
Md. Code, Labor and Employment § 4-110 — MD Code / Article gle / Title 4 / Subtitle 1 / Section 4-110
§4–110.
Status: in_force

Within 5 days after the National Labor Relations Board or other public or private unit certifies or recognizes a bargaining representative, the bargaining representative shall submit to the Mediation Service a report that contains:

(1) notice of the certification or recognition;

(2) the name and address of the employer;

(3) the total number of employees in the business establishment;

(4) the total number of employees in the bargaining unit; and

(5) if known, the date on which negotiations to establish a collective bargaining agreement are to begin.
Md. Code, Natural Resources § 4-1027 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1027
§4–1027.
Status: in_force

The Department, in consultation with the Maryland Department of Health, may adopt regulations to carry out the requirements of the National Shellfish Sanitation Program.
Md. Code, Labor and Employment § 4-315 — MD Code / Article gle / Title 4 / Subtitle 3 / Section 4-315
§4–315.
Status: in_force

(a) If, in addition to meeting the requirements for an injunction under § 4-314 of this subtitle, a plaintiff alleges that, unless a temporary restraining order is issued before a court holds a hearing on issuance of other injunctive relief in a case that involves or grows out of a labor dispute, substantial and irreparable injury to the property of the plaintiff is unavoidable, the court may issue a temporary restraining order in accordance with this section.

(b) (1) The court shall pass a show cause order that gives each party whom the plaintiff seeks to have restrained a reasonable period of at least 48 hours in which to show cause why the court should not issue a temporary restraining order.

(2) A show cause order shall be served on each party whom the plaintiff seeks to have restrained as provided in the show cause order.

(3) On expiration of the period to show cause, the court may issue a temporary restraining order if on the basis of testimony or, in the discretion of the court, an affidavit, the court finds that issuance of a temporary injunction would be justified if a hearing were held.

(c) (1) A temporary restraining order issued under this section is effective for the period that the court sets but not more than 5 days.

(2) If a hearing for a temporary injunction begins before the expiration of the period set under this subsection, the court may continue the temporary restraining order until the court decides whether to issue the temporary injunction.

(3) Unless the court continues a temporary restraining order in accordance with paragraph (2) of this subsection, then on expiration of the period set under this subsection, the order is void and may not be renewed or extended.
Md. Code, Commercial Law § 4A-501 — MD Code / Article gcl / Title 4A / Subtitle 5 / Section 4A-501
§4A–501.
Status: in_force

(a) Except as otherwise provided in this title, the rights and obligations of a party to a funds transfer may be varied by agreement of the affected party.

(b) “Funds-transfer system rule” means a rule of an association of banks: (i) governing transmission of payment orders by means of a funds-transfer system of the association or rights and obligations with respect to those orders; or (ii) to the extent the rule governs rights and obligations between banks that are parties to a funds transfer in which a Federal Reserve Bank, acting as an intermediary bank, sends a payment order to the beneficiary’s bank. Except as otherwise provided in this title, a funds-transfer system rule governing rights and obligations between participating banks using the system may be effective even if the rule conflicts with this title and indirectly affects another party to the funds transfer who does not consent to the rule. A funds-transfer system rule may also govern rights and obligations of parties other than participating banks using the system to the extent stated in §§ 4A-404(c), 4A-405(d), and 4A-507(c) of this title.
Md. Code, General Provisions § 4-315 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-315
§4–315.
Status: in_force

(a) This section applies only to public records that relate to:

(1) police reports of traffic accidents;

(2) criminal charging documents before service on the defendant named in the document; or

(3) traffic citations filed in the Maryland Automated Traffic System.

(b) A custodian shall deny inspection of a record described in subsection (a) of this section to any of the following persons who request inspection of records to solicit or market legal services:

(1) an attorney who is not an attorney of record of a person named in the record; or

(2) a person who is employed by, retained by, associated with, or acting on behalf of an attorney described in this subsection.
Md. Code, Business Occupations and Professions § 4-308 — MD Code / Article gbo / Title 4 / Subtitle 3 / Section 4-308
§4–308.
Status: in_force

(a) If an applicant qualifies for a license under this subtitle, the Board shall send the applicant a notice that states that:

(1) the applicant has qualified for a license; and

(2) the Board will issue the license to the applicant, on receipt of the appropriate license fee established by the Board in accordance with § 4-206 of this title.

(b) On payment of the appropriate license fee, the Board shall issue a license to each applicant who meets the requirements of this subtitle.
Md. Code, Health Occupations § 4-311 — MD Code / Article gho / Title 4 / Subtitle 3 / Section 4-311
§4–311.
Status: reserved

The Board shall reinstate a general license to practice dentistry, a teacher’s license to practice dentistry, a general license to practice dental hygiene, or a teacher’s license to practice dental hygiene that is expired only if the licensee:

(1) Meets the renewal and reinstatement requirements set by rule and regulation of the Board; and

(2) Pays to the Board a reinstatement fee set by the Board.
Md. Code, Transportation § 4-305 — MD Code / Article gtr / Title 4 / Subtitle 3 / Section 4-305
§4–305.
Status: in_force

The revenue bonds, notes, and other evidences of obligation issued under this subtitle and their issuance and sale are exempt from the provisions of §§ 8-206 and 8-208 of the State Finance and Procurement Article, and the Authority may sell them at either public or private sale in the manner and for the price that it determines.
Md. Code, Commercial Law § 4A-507 — MD Code / Article gcl / Title 4A / Subtitle 5 / Section 4A-507
§4A–507.
Status: in_force

(a) The following rules apply unless the affected parties otherwise agree or subsection (c) of this section applies:

(1) The rights and obligations between the sender of a payment order and the receiving bank are governed by the law of the jurisdiction in which the receiving bank is located.

(2) The rights and obligations between the beneficiary’s bank and the beneficiary are governed by the law of the jurisdiction in which the beneficiary’s bank is located.

(3) The issue of when payment is made pursuant to a funds transfer by the originator to the beneficiary is governed by the law of the jurisdiction in which the beneficiary’s bank is located.

(b) If the parties described in each paragraph of subsection (a) of this section have made an agreement selecting the law of a particular jurisdiction to govern rights and obligations between each other, the law of that jurisdiction governs those rights and obligations, whether or not the payment order or the funds transfer bears a reasonable relation to that jurisdiction.

(c) A funds-transfer system rule may select the law of a particular jurisdiction to govern: (i) rights and obligations between participating banks with respect to payment orders transmitted or processed through the system; or (ii) the rights and obligations of some or all parties to a funds transfer any part of which is carried out by means of the system. A choice of law made pursuant to clause (i) of this subsection is binding on participating banks. A choice of law made pursuant to clause (ii) of this subsection is binding on the originator, other sender, or a receiving bank having notice that the funds-transfer system might be used in the funds transfer and of the choice of law by the system when the originator, other sender, or receiving bank issued or accepted a payment order. The beneficiary of a funds transfer is bound by the choice of law if, when the funds transfer is initiated, the beneficiary has notice that the funds-transfer system might be used in the funds transfer and of the choice of law by the system. The law of a jurisdiction selected pursuant to this subsection may govern, whether or not that law bears a reasonable relation to the matter in issue.

(d) In the event of inconsistency between an agreement under subsection (b) of this section and a choice-of-law rule under subsection (c) of this section, the agreement under subsection (b) of this section prevails.

(e) If a funds transfer is made by use of more than 1 funds-transfer system and there is inconsistency between choice-of-law rules of the systems, the matter in issue is governed by the law of the selected jurisdiction that has the most significant relationship to the matter in issue.
Md. Code, State Finance and Procurement § 4-809 — MD Code / Article gsf / Title 4 / Subtitle 8 / Section 4-809
§4–809.
Status: in_force

(a) There is a Maryland Green Building Council.

(b) The Council shall include:

(1) the Secretary of General Services, or the Secretary’s designee;

(2) the Secretary of Budget and Management, or the Secretary’s designee;

(3) the Secretary of the Environment, or the Secretary’s designee;

(4) the Secretary of Labor, or the Secretary’s designee;

(5) the Secretary of Natural Resources, or the Secretary’s designee;

(6) the Secretary of Planning, or the Secretary’s designee;

(7) the Secretary of Transportation, or the Secretary’s designee;

(8) the Director of the Maryland Energy Administration, or the Director’s designee;

(9) the Director of the Interagency Commission on School Construction, or the Director’s designee;

(10) the Chancellor of the University System of Maryland, or the Chancellor’s designee; and

(11) six members appointed by the Governor to represent environmental, business, and citizen interests, one of whom has expertise in energy conservation or green building design standards.

(c) (1) The term of a member appointed by the Governor is 2 years.

(2) The terms of appointed members are staggered.

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

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

(5) The Governor may remove an appointed member for incompetence, misconduct, or failure to perform the duties of the position.

(6) A member appointed by the Governor may not receive compensation, but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(d) (1) The Governor shall appoint a chair from among the Council members.

(2) The Council may act with an affirmative vote of nine members.

(e) Staff support to the Council shall be provided by the Department of General Services, with assistance as necessary to be furnished by other involved agencies and units of State government.

(f) The Maryland Green Building Council shall:

(1) evaluate current high performance building technologies;

(2) provide recommendations concerning the most cost–effective green building technologies that the State might consider requiring in the construction of State facilities, including consideration of the additional cost associated with the various technologies;

(3) provide recommendations concerning how to expand green building in the State;

(4) develop a list of building types for which green building technologies should not be applied, taking into consideration the operational aspects of facilities evaluated, and the utility of a waiver process where appropriate;

(5) establish a process for receiving public input; and

(6) develop guidelines for new public school buildings to achieve the equivalent of the current version of the U.S. Green Building Council’s LEED (Leadership in Energy and Environmental Design) Green Building Rating System Silver rating or a comparable rating system or building code as authorized in § 3–602.1 of this article without requiring an independent certification that the buildings have achieved the required standards.

(g) On or before November 1 of each year, the Council shall report to the Governor and the General Assembly, in accordance with § 2–1257 of the State Government Article, as to recommendations for the implementation plan for a higher performance building program in the State and any progress that has been made during the preceding year.
Md. Code, Corporations and Associations § 4A-403.1 — MD Code / Article gca / Title 4A / Subtitle 4 / Section 4A-403.1
§4A–403.
Status: in_force

§4A–403.1.

Any notice, consent, or other communication required or authorized by this title may be delivered by electronic transmission.
Md. Code, Public Safety § 4-1011 — MD Code / Article gps / Title 4 / Subtitle 10 / Section 4-1011
§4–1011.
Status: in_force

§4–1011. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 364 OF 2021 //

(a) In this section, “local law enforcement agency” means:

(1) a police department of a county or municipal corporation in the State; or

(2) the office of the sheriff that provides a law enforcement function in a county or municipal corporation in the State.

(b) (1) For fiscal 2024, the Governor shall include in the annual budget bill an appropriation of $2,000,000 for local law enforcement agencies to be used as grants for warrant apprehension efforts.

(2) For fiscal years 2025 and 2026, the Governor shall include in the annual budget bill an appropriation of $1,000,000 for local law enforcement agencies to be used as grants to warrant apprehension efforts.

(c) (1) The Governor’s Office of Crime Prevention and Policy shall administer the grant funds in accordance with § 4–1008 of this subtitle.

(2) Local law enforcement agencies may use the grant funds for the following purposes:

(i) to reduce warrants in the agency’s jurisdiction;

(ii) to increase coordination and cooperation between local law enforcement and State and federal agencies regarding outstanding warrants; and

(iii) to reduce the number of outstanding warrants related to violent crimes.

(d) The funds required to be included in the annual budget bill under subsection (b) of this section shall be used solely to supplement, and not supplant, funds otherwise available to local law enforcement agencies for warrant apprehension efforts.

(e) An eligible local law enforcement agency that receives a grant under subsection (b) of this section shall submit for each fiscal year the following to the Executive Director:

(1) proof of the expenditure of the grant funds and the purposes for which the funds were expended;

(2) total warrants in each county by type of warrant and related offense;

(3) total number of warrants reduced and suspects apprehended, delineated by offense; and

(4) any related outcome–based performance measures as required by § 4–1009 of this subtitle.
Md. Code, Election Law § 4-203 — MD Code / Article gel / Title 4 / Subtitle 2 / Section 4-203
§4–203.
Status: in_force

(a) (1) In Anne Arundel County, the members of the Democratic Party Central Committee for the county shall be elected as follows:

(i) three members shall be elected from each legislative district wholly contained within Anne Arundel County; and

(ii) one member shall be elected from that portion within Anne Arundel County of any legislative district that is partially contained within Anne Arundel County.

(2) For the Anne Arundel County Republican Party Central Committee:

(i) two members shall be elected from each councilmanic district of Anne Arundel County; and

(ii) one member shall be elected from Anne Arundel County at large.

(b) (1) (i) In Baltimore City, the Democratic Party Central Committee consists of seven members elected from each of the six legislative districts of Baltimore City.

(ii) Each member shall reside in, and be elected by the voters of, the legislative district that the member represents.

(2) (i) The members of the Republican Party Central Committee shall be elected from each councilmanic district of Baltimore City.

(ii) Two members shall be elected from each councilmanic district.

(iii) An individual appointed to fill a vacancy of a member of the Republican Party Central Committee may reside anywhere in Baltimore City.

(c) (1) In Baltimore County, the Republican Party Central Committee shall consist of three members elected from each councilmanic district in the county.

(2) For the Baltimore County Democratic Party Central Committee:

(i) 10 members, two from each district, shall be elected from legislative districts 11A, 42A, 42B, 43B, and 44A, each district being located wholly in Baltimore County;

(ii) 12 members, four from each district, shall be elected from legislative districts 7A, 11B, and 44B, each district being located wholly in Baltimore County; and

(iii) 18 members, six from each district, shall be elected from legislative districts 6, 8, and 10, each district being located wholly in Baltimore County.

(3) Only individuals affiliated with the Democratic Party and who are registered to vote in Baltimore County may vote for the election of members to the Baltimore County Democratic Party Central Committee under this section.

(4) The number of Democratic Party Central Committee members to be elected from each legislative district, or portion of legislative district, in Baltimore County shall be determined upon completion of each legislative districting.

(d) In Calvert County, the Democratic Party Central Committee consists of nine members elected by the voters of the county at large as follows:

(1) two members who reside in the first election district and receive the largest number of votes cast for candidates from that district;

(2) two members who reside in the second election district and receive the largest number of votes cast for candidates from that district;

(3) two members who reside in the third election district and receive the largest number of votes cast for candidates from that district; and

(4) three members who reside in Calvert County and who receive the highest number of votes cast in Calvert County for the remaining candidates.

(e) In Carroll County, the Republican Party Central Committee shall consist of nine members elected at large.

(f) (1) In Montgomery County, for the Democratic Party Central Committee:

(i) two members are elected from each of the legislative districts that lie wholly within Montgomery County;

(ii) one member is elected from the Montgomery County part of each legislative district that is partially within Montgomery County; and

(iii) members shall be elected at large equal to the number of legislative districts that lie wholly within Montgomery County, except that not more than two members at large may reside in the same legislative district.

(2) Any vacancy in a seat on the Democratic Party Central Committee held initially by a member elected from a legislative district shall be filled by a person residing in that district.

(3) Any reference to the Democratic Party Central Committee for Montgomery County or any portion of it means the entire membership of the Montgomery County Democratic Party Central Committee, and in no event do the members of the Central Committee elected from a district comprise a separate central committee.

(g) (1) (i) In Prince George’s County, members of the Republican Party Central Committee:

1. may run at large to fill historically vacant seats; and

2. unless a member runs at large under item 1 of this subparagraph, shall be elected from within legislative districts of Prince George’s County or within that portion of any legislative district lying within Prince George’s County.

(ii) The number of members of the Republican Party Central Committee shall, to the extent practicable, consist of two members from each of the eight legislative districts lying within Prince George’s County.

(2) (i) In Prince George’s County, the Democratic Party Central Committee consists of 24 members.

(ii) 1. Two members shall reside in and be elected by the eligible voters of each of the eight legislative districts lying within Prince George’s County.

2. At least one member shall reside in each single–member or two–member delegate district of any district in which there are such districts.

(iii) In addition to the members of the committee elected from legislative districts, eight members of the committee shall be elected by all the eligible voters in the county, and at the time of election, each member shall reside in a different one of the eight legislative districts within Prince George’s County.

(iv) A candidate for election to the Democratic Party Central Committee shall declare at the time of filing for candidacy which seat on the Central Committee the candidate is seeking.

(v) If a member who was elected from a specific legislative district ceases to reside in that district, the member may not continue to serve on the Central Committee.

(h) (1) In Worcester County, the Democratic Party Central Committee consists of 11 members as follows:

(i) seven members who shall reside in and be elected, respectively, by the eligible voters of each of the seven county commissioner districts; and

(ii) four members who shall reside in Worcester County, be elected at large by the eligible voters of the entire county, and receive the highest number of votes cast for candidates in the at large election.

(2) (i) A candidate for election to the Democratic Party Central Committee shall declare at the time of filing a certificate of candidacy which seat the candidate is seeking.

(ii) A member elected to represent a specific county commissioner district who ceases to reside in that district may not continue to serve on the Central Committee.

(3) Any vacancy in a seat on the Central Committee held by an individual elected from a county commissioner district shall be filled by an individual who resides in that district.
Md. Code, Economic Development § 4-704 — MD Code / Article gec / Title 4 / Subtitle 7 / Section 4-704
§4–704.
Status: in_force

(a) The Secretary may designate an area as an arts and entertainment district only if the area is a contiguous geographic area that is wholly within:

(1) a priority funding area as provided under § 5–7B–02 of the State Finance and Procurement Article; or

(2) a qualified opportunity zone designated under § 1400Z–1 of the Internal Revenue Code in Allegany County, Garrett County, Somerset County, or Wicomico County.

(b) (1) Within 60 days after a submission date, the Secretary may designate one or more arts and entertainment districts from among the areas in the applications timely submitted.

(2) A county may not receive more than one arts and entertainment district designation in a calendar year.

(c) The designation of the Secretary is final.

(d) At any time, a political subdivision may reapply to the Secretary to designate as an arts and entertainment district an area that is not so designated.
Md. Code, Education § 4-109.1 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-109.1
§4–109.
Status: in_force

§4–109.1.

(a) This section applies only in Howard County.

(b) During a school redistricting process, if the redistricting plan proposed by the county board differs from the redistricting plan proposed by the county superintendent, the county board shall allow one or more members of a household whose school assignment is changed only in the county board’s plan to provide public testimony before the final vote on either plan.
Md. Code, Corporations and Associations § 4A-1107 — MD Code / Article gca / Title 4A / Subtitle 11 / Section 4A-1107
§4A–1107.
Status: in_force

(a) Unless otherwise agreed or the articles of conversion provide otherwise, a proposed conversion of a limited liability company to an other entity may be abandoned before the effective time of the articles of conversion by the vote required under § 4A–403(d)(1) of this title to approve the conversion.

(b) Unless the articles of conversion provide otherwise, a proposed conversion of an other entity to a limited liability company may be abandoned before the effective time of the articles of conversion in the manner and by the vote required by the governing document of the other entity and the laws of the place in which it is incorporated or organized or, if no manner and vote is specified, in the manner and by the vote required to approve the conversion under § 4A–1102 of this subtitle.

(c) If the articles of conversion have been filed with the Department, notice of the abandonment shall be given promptly to the Department.

(d) (1) If the proposed conversion is abandoned as provided in this section, no legal liability arises under the articles of conversion.

(2) Abandonment of a conversion under this section does not prejudice the rights of any person under any other contract made by a party to the proposed conversion in connection with the proposed conversion.
Md. Code, Alcoholic Beverages and Cannabis § 4-209 — MD Code / Article gab / Title 4 / Subtitle 2 / Section 4-209
§4–209.
Status: in_force

(a) The hearing on the application may not occur less than 7 days or more than 30 days after the date of the last publication of the notice of the license application.

(b) Any person may address any relevant issue at the hearing.
Md. Code, Labor and Employment § 4-503 — MD Code / Article gle / Title 4 / Subtitle 5 / Section 4-503
§4–503.
Status: in_force

Once authorized by a local law or ordinance, collective bargaining between an employer covered by this subtitle and an exclusive representative may include in a memorandum of understanding between the employer and the employee organization specific terms and conditions of employment.
Md. Code, Correctional Services § 4-208 — MD Code / Article gcs / Title 4 / Subtitle 2 / Section 4-208
§4–208.
Status: in_force

(a) The Secretary shall adopt regulations to carry out this title.

(b) Notwithstanding § 10–101(g)(2)(i) of the State Government Article, the regulations adopted under this section, other than regulations pertaining only to routine internal management of the Institution, shall comply with the Administrative Procedure Act, including regulations that:

(1) govern criteria to determine eligibility for referral of an incarcerated individual to the Institution;

(2) govern leave, work release, and parole from the Institution; and

(3) establish with specificity what constitutes a major violation of the Institution’s disciplinary rules.
Md. Code, Housing and Community Development § 4-205 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-205
§4–205.
Status: in_force

The Administration is created to:

(1) coordinate activities and programs that contribute to sound community development;

(2) encourage and facilitate the development of new and existing communities by reducing the costs of development through grants, loans, and other forms of financial assistance;

(3) encourage and facilitate energy conservation and the use of solar energy in residential buildings and commercial buildings through grants, loans, and other forms of financial assistance;

(4) make land available for sound community development; and

(5) assist the efforts of private enterprise, political subdivisions, local public agencies, local development entities, and nonprofit organizations.
Md. Code, Insurance § 4-118 — MD Code / Article gin / Title 4 / Subtitle 1 / Section 4-118
§4–118.
Status: in_force

(a) The Commissioner may not recognize any person as a qualified independent certified public accountant unless the person:

(1) is in good standing:

(i) with the Maryland State Board of Public Accountancy; and

(ii) with the appropriate state board of accountancy of any other state in which the accountant is licensed to practice; or

(2) in the case of a Canadian or British accountant, is a chartered accountant.

(b) Except as otherwise provided in this section, an independent certified public accountant shall be recognized as qualified as long as the accountant conforms to:

(1) for any certified public accountant not licensed in this State, the standards of the accountancy profession, as contained in the Code of Professional Ethics of the American Institute of Certified Public Accountants; or

(2) (i) Title 2 of the Business Occupations and Professions Article; and

(ii) the regulations and rules of professional conduct established by the Maryland State Board of Public Accountancy.

(c) (1) (i) A partner in an accounting firm responsible for preparing an audited financial report under § 4–116 of this subtitle for an insurer may not act in that capacity for more than 5 consecutive years for the same insurer.

(ii) If a partner in an accounting firm responsible for preparing an audited financial report under § 4–116 of this subtitle for an insurer exceeds 5 consecutive years in that capacity, the partner shall be disqualified from acting in the same or similar capacity for that insurer or its insurance subsidiaries or affiliates for a period of not less than 5 consecutive years.

(2) (i) An insurer may apply to the Commissioner for an exception from the prohibition of paragraph (1) of this subsection on the basis of unusual circumstances.

(ii) In determining whether unusual circumstances exist that would justify the granting of an exception, the Commissioner may consider:

1. the number of partners in the accounting firm currently used by the insurer, the expertise of the partners in that firm, and the number of insurance clients of that firm;

2. the premium volume of the insurer; and

3. the number of jurisdictions in which the insurer transacts business.

(d) The Commissioner may not recognize as a qualified independent certified public accountant, or accept any audited financial report prepared in whole or in part by, any individual who:

(1) has been convicted of fraud, bribery, a violation of the Racketeer Influenced and Corrupt Organizations Act, 18 U.S.C. §§ 1961-1968, or any dishonest conduct or practices under federal or State law;

(2) has violated the insurance laws of this State with respect to any audited financial reports previously submitted by that individual;

(3) has violated any provision of Title 2 of the Business Occupations and Professions Article or any regulation or rule of professional conduct established by the State Board of Public Accountancy; or

(4) has demonstrated a pattern or practice of failing to detect or disclose material information in any audited financial reports previously submitted by that individual.

(e) (1) Subject to §§ 2-210 through 2-215 of this article, the Commissioner may hold a hearing to determine whether a certified public accountant is qualified.

(2) After considering the evidence presented at the hearing, the Commissioner shall rule on whether the accountant is qualified for purposes of expressing an opinion on the financial statements in the audited financial report required under § 4-116 of this subtitle.

(3) If the Commissioner finds that the accountant is not qualified, the Commissioner shall require the insurer to replace the accountant with another who is qualified as provided under this section.
Md. Code, Housing and Community Development § 4-216 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-216
§4–216.
Status: in_force

For fiscal year 2018 and each fiscal year thereafter, the Governor shall include in the annual budget bill or the capital budget bill an appropriation of $3,000,000 from general funds or the proceeds from the sale of State general obligation bonds for the Shelter and Transitional Housing Facilities Grant Program.
Md. Code, Environment § 4-101.1 — MD Code / Article gen / Title 4 / Subtitle 1 / Section 4-101.1
§4–101.
Status: in_force

§4–101.1.

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

(b) “Large redevelopment site” means any real property:

(1) Consisting of one or more contiguous parcels that are collectively more than 500 acres;

(2) That is being used, or was formerly used, for industrial purposes and manufacturing; and

(3) For which the Department has received:

(i) One or more applications for participation in the Voluntary Cleanup Program under Title 7, Subtitle 5 of this article; or

(ii) One or more plans for remedial action by a responsible party, the owner or operator of the site, or a prospective purchaser of the site in accordance with § 7–222 of this article.

(c) “Person” includes the federal government, the State, any county, municipal corporation, or other political subdivision of the State, or any of their units.

(d) “Pollution” means any contamination or other alteration of the physical, chemical, or biological properties of any waters of this State, including a change in temperature, taste, color, turbidity, or odor of the waters or the discharge or deposit of any organic matter, harmful organism, or liquid, gaseous, solid, radioactive, or other substances into any waters of this State, that will render the waters harmful or detrimental to:

(1) Public health, safety, or welfare;

(2) Domestic, commercial, industrial, agricultural, recreational, or other legitimate beneficial uses;

(3) Livestock, wild animals, or birds; or

(4) Fish or other aquatic life.

(e) “Waters of this State” includes:

(1) Both surface and underground waters within the boundaries of this State subject to its jurisdiction, including that part of the Atlantic Ocean within the boundaries of this State, the Chesapeake Bay and its tributaries, and all ponds, lakes, rivers, streams, storm drain systems, public ditches, tax ditches, and public drainage systems within this State, other than those designed and used to collect, convey, or dispose of sanitary sewage; and

(2) The flood plain of free–flowing waters determined by the Department of Natural Resources on the basis of the 100–year flood frequency.
Md. Code, Economic Development § 4-106 — MD Code / Article gec / Title 4 / Subtitle 1 / Section 4-106
§4–106.
Status: in_force

The Division shall:

(1) stimulate development of tourism business in the State;

(2) promote business and job opportunities in the State;

(3) encourage development of recreational areas and facilities;

(4) make the public aware of the State’s heritage and historical development;

(5) advertise and disseminate information about the State;

(6) encourage the promotion and development of amateur and professional sports in the State;

(7) encourage the advancement of and participation in the performing, visual, and creative arts; and

(8) administer those programs assigned to the Division by law or designated by the Secretary.
Md. Code, General Provisions § 4-348 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-348
§4–348.
Status: in_force

A custodian may deny inspection of the part of a public record that contains information disclosing or relating to a trade secret, confidential commercial information, or confidential financial information owned in whole or in part by:

(1) the Maryland Technology Development Corporation; or

(2) a public institution of higher education, if the information is part of the institution’s activities under § 15–107 of the Education Article.
Md. Code, Corporations and Associations § 4A-1009 — MD Code / Article gca / Title 4A / Subtitle 10 / Section 4A-1009
§4A–1009.
Status: in_force

(a) In addition to any other activities which may not constitute doing business in this State, for the purposes of this title, the following activities of a foreign limited liability company do not constitute doing business in this State:

(1) Maintaining, defending, or settling an action, suit, claim, dispute, or administrative or arbitration proceeding;

(2) Holding meetings of its members or agents or carrying on other activities that concern its internal affairs;

(3) Maintaining bank accounts;

(4) Conducting an isolated transaction not in the course of a number of similar transactions;

(5) Foreclosing mortgages and deeds of trust on property in this State;

(6) As a result of default under a mortgage or deed of trust, acquiring title to property in this State by foreclosure, deed in lieu of foreclosure, or otherwise;

(7) Holding, protecting, renting, maintaining, and operating property in this State so acquired; or

(8) Selling or transferring title to property in this State so acquired to any person, including the Federal Housing Administration or the U.S. Department of Veterans Affairs.

(b) In addition to any other activities which may constitute doing business in this State, for the purposes of this title any foreign limited liability company which owns income producing real or tangible personal property in this State, other than property exempted by subsection (a) of this section, shall be considered to be doing business in this State.
Md. Code, General Provisions § 4-202 — MD Code / Article ggp / Title 4 / Subtitle 2 / Section 4-202
§4–202.
Status: in_force

(a) Except as provided in subsection (b) of this section, a person or governmental unit that wishes to inspect a public record shall submit a written application to the custodian.

(b) A person or governmental unit need not submit a written application to the custodian if:

(1) the person or governmental unit seeks to inspect a public record listed by an official custodian in accordance with § 4–201(c)(2) of this subtitle; or

(2) the custodian waives the requirement for a written application.

(c) If the individual to whom the application is submitted is not the custodian of the public record, within 10 working days after receiving the application, the individual shall give the applicant:

(1) notice of that fact; and

(2) if known:

(i) the name of the custodian; and

(ii) the location or possible location of the public record.

(d) When an applicant requests to inspect a public record and a custodian determines that the record does not exist, the custodian shall notify the applicant of this determination:

(1) if the custodian has reached this determination on initial review of the application, immediately; or

(2) if the custodian has reached this determination after a search for potentially responsive public records, promptly after the search is completed but not more than 30 days after receiving the application.
Md. Code, Natural Resources § 4-722 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-722
§4–722.
Status: in_force

A person may set a pound net in the waters of Sassafras River and its tributaries lying in Kent County from Luke’s Point to the head of this river from August 1 to May 31 following, both dates inclusive. A pound net may not be set so as to obstruct the haul of any seine on any established fishing shore on these waters, unless set by the owners of the fishing shore.
Md. Code, Land Use § 4-403 — MD Code / Article glu / Title 4 / Subtitle 4 / Section 4-403
§4–403.
Status: in_force

The circuit court may not allow an award of costs against the board of appeals unless it appears to the court that the board, in making the decision that is the subject of the judicial review, acted:

(1) with gross negligence;

(2) in bad faith; or

(3) with malice.
Md. Code, Housing and Community Development § 4-914 — MD Code / Article ghs / Title 4 / Subtitle 9 / Section 4-914
§4–914.
Status: in_force

(a) If the Department certifies a political subdivision or nonprofit sponsor as capable of administering a local rehabilitation program, the political subdivision or nonprofit sponsor may originate and administer Program loans under regulations of the Department.

(b) (1) By regulation, the Department shall establish standards for determining the capability of a political subdivision or nonprofit sponsor to administer a local rehabilitation program.

(2) The standards shall include provisions on:

(i) the size, training, and experience of the professional staff that would administer the Program; and

(ii) the capability of the professional staff to:

1. determine rehabilitation needs;

2. establish rehabilitation programs;

3. evaluate applications for Program loans; and

4. monitor Program loans and the rehabilitation work done with them.

(c) If the Department determines that a political subdivision or nonprofit sponsor cannot or does not want to administer a local rehabilitation program, the Department may originate and administer Program loans from the allocation or suballocation to that political subdivision.

(d) The Department may:

(1) help train employees of political subdivisions and nonprofit sponsors to administer local rehabilitation programs under the standards that the Department sets; and

(2) provide political subdivisions and nonprofit sponsors advice and technical assistance on the administration of their local rehabilitation programs, including loan packaging, contractor and bid selection, zoning, marketing, engineering, and related services.
Md. Code, Transportation § 4-407 — MD Code / Article gtr / Title 4 / Subtitle 4 / Section 4-407
§4–407.
Status: in_force

(a) This section applies to:

(1) Caroline County;

(2) Cecil County;

(3) Dorchester County;

(4) Kent County;

(5) Queen Anne’s County;

(6) Somerset County;

(7) Talbot County;

(8) Wicomico County; and

(9) Worcester County.

(b) A State agency, including the Authority, may not construct any toll road, toll highway, or toll bridge in the counties enumerated in this section without the express consent of a majority of the governments of the affected counties.
Md. Code, Commercial Law § 4A-106 — MD Code / Article gcl / Title 4A / Subtitle 1 / Section 4A-106
§4A–106.
Status: in_force

(a) (1) The time of receipt of a payment order or communication cancelling or amending a payment order is determined by the rules applicable to receipt of a notice stated in § 1–202 of this article.

(2) A receiving bank may fix a cutoff time or times on a funds–transfer business day for the receipt and processing of payment orders and communications cancelling or amending payment orders.

(3) Different cutoff times may apply to payment orders, cancellations, or amendments, or to different categories of payment orders, cancellations, or amendments.

(4) A cutoff time may apply to senders generally or different cutoff times may apply to different senders or categories of payment orders.

(5) If a payment order or communication cancelling or amending a payment order is received after the close of a funds–transfer business day or after the appropriate cutoff time on a funds–transfer business day, the receiving bank may treat the payment order or communication as received at the opening of the next funds–transfer business day.

(b) If this title refers to an execution date or payment date or states a day on which a receiving bank is required to take action, and the date or day does not fall on a funds-transfer business day, the next day that is a funds-transfer business day is treated as the date or day stated, unless the contrary is stated in this title.
Md. Code, Real Property § 4-103 — MD Code / Article grp / Title 4 / Subtitle 1 / Section 4-103
§4–103.
Status: in_force

(a) If a deed is executed, acknowledged, and, if required, recorded, the validity of the deed in respect to its execution and delivery by the grantor to the grantee is presumed.

(b) Subsection (a) of this section applies to a lease even though it is not acknowledged.
Md. Code, Alcoholic Beverages and Cannabis § 4-303 — MD Code / Article gab / Title 4 / Subtitle 3 / Section 4-303
§4–303.
Status: reserved

A Class A, Class B, or Class D beer license, beer and wine license, or beer, wine, and liquor license may not be transferred for use in conjunction with or on the premises of a chain store, supermarket, or discount house unless:

(1) the establishment already holds a Class A, Class B, or Class D beer license, beer and wine license, or beer, wine, and liquor license; or

(2) the license is transferred to a similar type of establishment.
Md. Code, Natural Resources § 4-711 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-711
§4–711.
Status: in_force

(a) A person may not set any pound net or any line of these nets that is greater in length than one third the distance across the waters of the bay, sound, river, creek, cove, or inlet where it is set, or is set so that it impedes or obstructs navigation on or blocks in any way the main channel of the bay, sound, river, creek, cove, or inlet. The length limit provided here shall not be construed to apply to any line of nets running parallel to the bank or shore of any bay, sound, river, creek, cove, or inlet, but no net may be set across the mouth on any tributary, harbor, or navigation channel.

(b) A person may not set at any time a pound net within 4500 feet of another pound net in the Chesapeake Bay and within 1500 feet in a tributary of the Chesapeake Bay, measured at right angles to the line of stakes. Every pound net set licensed in the Chesapeake Bay or one of its tributaries may retain the locations it lawfully occupied on June 1, 1949. Except as otherwise provided by this title, a person may not set at any time a fyke net within 300 feet of a pound net, measured at right angles to the line of stakes. A person may set any fyke net closer to any pound net than the distance provided in this subsection if the owner of the pound net location gives written permission.

(c) Clear and unobstructed intervals of at least 200 feet shall be maintained between successive pound nets in the same row.

(d) A person may not set a pound net in or upon the waters covering leased oyster ground without the permission of the lessee.

(e) The outer end of each line of pound or net stakes shall be marked plainly by a brush or other suitable day marker, readily discernible to indicate the opening between nets. The name of the owner and the license number of each pound or stake net shall be displayed in black letters, at least 2 inches high, on a white background on a stake at the outer end of the pound or line, at a height and in a position as to be seen readily from adjacent navigable channels. The Secretary, after a public hearing, shall promulgate rules and regulations governing the lighting of pound nets.

(f) A single line of stakes, including the pound or head and the leader or hedging, may not have a length greater than the following:

(1) In Chesapeake Bay, south of a line from Sandy Point to Love Point and in the Choptank River from the mouth of the Choptank River to a line drawn from Drum Point to Kate Point –– 1500 feet.

(2) In Chesapeake Bay, north of a line from Sandy Point to Love Point and south of line from the northernmost point of Poole’s Island to Worton’s Point –– 1200 feet.

(3) In Chesapeake Bay, north of a line from the northernmost point of Poole’s Island to Worton’s Point –– 1000 feet.

(4) In the tributaries of the Chesapeake Bay except as provided, and in the Potomac River –– 1200 feet.

(5) In Chincoteague, Sinepuxent, Isle of Wight, and Assawoman Bays, and their tributaries, and in the Atlantic Ocean within 3 miles of the Maryland shore –– 1500 feet.

(6) In Honga River, south of a line drawn from Hickory Point on Middle Hoopers Island to Windmill Point on Aisquith Island –– 1500 feet.

(7) In Hoopers Straits –– 1500 feet.

(8) In Fishing Bay, south of a line from Point No Point to Department Triangulation Station Cler at southerly side of Gray’s Island –– 1650 feet.

(9) In the Nanticoke River, south of a line from the southeasterly most point of entrance into Jack’s Creek in Dorchester County to Triangulation Station Earle in Wicomico County –– 1650 feet.

(g) A person may not drive, maintain, or permit any stake to remain, in any line of stakes or otherwise, unless it projects above the surface of the water at least 3 feet at high tide.

(h) (1) Every licensee shall:

(i) Maintain the licensee’s stakes in good condition; and

(ii) Promptly remove and renew any stake that may be unsound, broken, or liable to go adrift.

(2) A licensee may not permit or allow to remain in the water:

(i) Any pound net stake for a period greater than 30 days following the removal of the net from each stake;

(ii) Any pound net or stake for a period greater than 30 days following the discontinuance of fishing of the net; or

(iii) Any pound net or stake between January 1 and January 31 of any year unless the owner of the pound net or stake notifies the Department by certified mail, return receipt requested, that the net is being actively fished.

(3) A licensee who fails to comply with the provisions of this subsection is guilty of a misdemeanor and upon conviction is subject to a fine of at least $200 and not exceeding $1,000 with costs imposed in the discretion of the court.

(4) For a licensee who is convicted twice within 2 years of violating paragraph (1) of this subsection, the Department may suspend the licensee’s striped bass authorization in the following year.

(i) Before setting a pound net in accordance with this section and the regulations adopted under subsection (j) of this section, a licensee shall ensure that, at least 7 days before the setting of the net, the Department receives:

(1) Notice from the licensee that the pound net will be set and actively fished; and

(2) A pound net activity registration fee of $20.

(j) (1) The Department may adopt regulations on the placement of pound or stake nets, including a limit on the number of locations of pound nets that may be assigned to a licensee.

(2) In the regulations adopted under paragraph (1) of this subsection, the Department may impose a limit of up to eight locations of pound nets that may be assigned to a licensee.
Md. Code, State Finance and Procurement § 4-302 — MD Code / Article gsf / Title 4 / Subtitle 3 / Section 4-302
§4–302.
Status: in_force

There is an Office of State Procurement in the Department.
Md. Code, Business Occupations and Professions § 4-302 — MD Code / Article gbo / Title 4 / Subtitle 3 / Section 4-302
§4–302.
Status: in_force

(a) To qualify for a license to practice barbering or a barber–stylist limited license, an applicant shall be an individual who meets the requirements of this section.

(b) (1) An applicant for a barber license shall have completed successfully:

(i) 1. a required program of at least 1,200 hours of training in a barber school that is approved by the State Department of Education or the Maryland Higher Education Commission, in consultation with the Board; or

2. an apprenticeship of at least 2,250 hours within 2 years in a barbershop that holds a barbershop permit under the supervision of a master barber; and

(ii) 1 hour of in–person or virtual training in domestic violence awareness under § 4–302.1 of this subtitle.

(2) If the applicant for a barber license is an individual trained and currently licensed as a cosmetologist in the State, the Board shall:

(i) credit the applicant with having met one–half of the training requirement of paragraph (1)(i) of this subsection; and

(ii) determine the manner in which the credit will be applied.

(3) The Board may credit an applicant with the number of hours of training the applicant completes in a barber school toward the number of hours required for an apprenticeship if the barber school where the applicant completes the training:

(i) is located in a detention center or correctional facility; and

(ii) 1. is approved by the State Department of Education or the Maryland Higher Education Commission; or

2. has a curriculum similar to one that is approved by the State Department of Education or the Maryland Higher Education Commission.

(4) The Board may not credit more than 600 hours of training to an individual under paragraph (3) of this subsection.

(c) (1) An applicant for a barber–stylist limited license shall have completed successfully:

(i) 1. a required program of at least 900 hours of training in a barber school that is approved by the State Department of Education or the Maryland Higher Education Commission, in consultation with the Board; or

2. an apprenticeship of at least 1,650 hours within 18 months in a barbershop that holds a barbershop permit under the supervision of a master barber; and

(ii) 1 hour of in–person or virtual training in domestic violence awareness under § 4–302.1 of this subtitle.

(2) If the applicant for a barber–stylist license is an individual trained and currently licensed as a cosmetologist in the State, the Board shall:

(i) credit the applicant with having met one–half of the training requirement of paragraph (1)(i) of this subsection; and

(ii) determine the manner in which the credit will be applied.

(3) The Board may credit an applicant with the number of hours of training the applicant completes in a barber school toward the number of hours required for an apprenticeship if the barber school where the applicant completes the training:

(i) is located in a detention center or correctional facility; and

(ii) 1. is approved by the State Department of Education or the Maryland Higher Education Commission; or

2. has a curriculum similar to one that is approved by the State Department of Education or the Maryland Higher Education Commission.

(4) The Board may not credit more than 450 hours of training to an individual under paragraph (3) of this subsection.

(d) An applicant for a master barber license shall have at least 15 months of experience as a barber.

(e) (1) Except as otherwise provided in this subtitle, an applicant for a master barber license shall pass an examination given by the Board or the Board’s designee under this subtitle.

(2) Except as otherwise provided in this subtitle, an applicant for a barber license shall pass an examination given by the Board or the Board’s designee under this subtitle.

(3) Except as otherwise provided in this subtitle, an applicant for a barber–stylist limited license shall pass an examination given by the Board or the Board’s designee under this subtitle.
Md. Code, Business Occupations and Professions § 4-402 — MD Code / Article gbo / Title 4 / Subtitle 4 / Section 4-402
§4–402.
Status: in_force

An applicant for registration as an apprentice barber shall:

(1) submit to the Board an application on the form that the Board provides;

(2) pay to the Board an application fee established by the Board in accordance with § 4-206 of this title; and

(3) submit to the Board adequate evidence of the following:

(i) the intention of a barbershop in the State to allow the applicant to affiliate with it as an apprentice barber; and

(ii) in the case of an applicant who does not speak English, the intention to participate in an English comprehension course during the apprenticeship.
Md. Code, Local Government § 4-105 — MD Code / Article glg / Title 4 / Subtitle 1 / Section 4-105
§4–105.
Status: in_force

The legislative body of a municipality may not adopt an ordinance, a resolution, a rule, or a regulation at a meeting not open to the public, except in accordance with the Open Meetings Act.
Md. Code, Labor and Employment § 4-301 — MD Code / Article gle / Title 4 / Subtitle 3 / Section 4-301
§4–301.
Status: in_force

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

(b) “Injunctive relief” means:

(1) a permanent injunction;

(2) a temporary injunction; or

(3) a temporary restraining order.

(c) “Labor dispute” includes any controversy, regardless of whether the disputants stand in the proximate relation of employee or employer, concerning:

(1) terms or conditions of employment;

(2) employment relations;

(3) the association or representation of persons in negotiating, setting, maintaining, or changing terms or conditions of employment; or

(4) any other controversy arising out of the respective interests of employee or employer.

(d) “Person participating or interested in a labor dispute” means a person against whom relief is sought if the person:

(1) is engaged in the industry, craft, trade, or occupation in which the dispute occurs; or

(2) is an agent, member, or officer of an association of employees or employers engaged in the industry, craft, trade, or occupation in which the dispute occurs.
Md. Code, Criminal Law § 4-502 — MD Code / Article gcr / Title 4 / Subtitle 5 / Section 4-502
§4–502.
Status: in_force

This subtitle does not apply to:

(1) a member of the armed forces of the United States or of the National Guard or law enforcement personnel of the United States, the State, or a political subdivision of the State while acting within the scope of official duties;

(2) an officer or employee of the United States, the State, or a political subdivision of the State who is authorized to handle a destructive device within the scope of official duties and who is acting within the scope of those duties;

(3) a person authorized by law to possess explosive material, incendiary material, or toxic material who is acting within the scope of authority if the possession of the material is specifically regulated or licensed by law; or

(4) a person who possesses smokeless or black gunpowder under Title 11, Subtitle 1 of the Public Safety Article and uses the gunpowder for loading or reloading small arms ammunition, antique firearms, or replicas of antique firearms.
Md. Code, Housing and Community Development § 4-1705 — MD Code / Article ghs / Title 4 / Subtitle 17 / Section 4-1705
§4–1705.
Status: in_force

The Department shall:

(1) administer the Program;

(2) establish guidelines to determine eligibility of applicants for technical assistance grants; and

(3) adopt regulations to carry out the Program.
Md. Code, Housing and Community Development § 4-1803 — MD Code / Article ghs / Title 4 / Subtitle 18 / Section 4-1803
§4–1803.
Status: in_force

(a) A local government qualifies for participation in the Program if:

(1) the local government has:

(i) a 5–year consolidated plan approved by the United States Department of Housing and Urban Development; or

(ii) a comprehensive plan;

(2) the plans listed in item (1) of this subsection:

(i) have a workforce housing element;

(ii) assess workforce housing needs; and

(iii) contain goals, objectives, and policies to preserve or develop workforce housing; and

(3) the local government provides a statement to the Department indicating:

(i) a desire to participate in the Program; and

(ii) a reasonable expectation of the local government’s ability to provide the matching funds required under § 4–1804 of this subtitle.

(b) The workforce housing element in the 5–year consolidated plan or the comprehensive plan of a qualifying local government may include:

(1) preservation and renovation of existing housing stock;

(2) redevelopment of existing residential areas;

(3) streamlined regulatory processes and reduced regulatory fees for construction or renovation;

(4) financial incentives for construction and renovation including local property tax credits;

(5) special zoning regulations for construction and renovation including inclusionary zoning;

(6) efforts to preserve workforce housing stock for subsequent first–time homebuyers and renters;

(7) coordination with neighboring jurisdictions;

(8) coordination with private sector employers; and

(9) leveraging of federal financial assistance.
Md. Code, Corporations and Associations § 4A-12A-11 — MD Code / Article gca / Title 4A / Subtitle 12A / Section 4A-12A-11
§4A–12A–11.
Status: in_force

§4A–12A–11. NOT IN EFFECT

** TAKES EFFECT OCTOBER 1, 2026 PER CHAPTERS 198 AND 199 OF 2025 **

(a) In this section, “actual payroll value” means the total amount of money paid to an employee after taxes and deductions and includes the base salary, bonuses, overtime, leave benefits, commissions, and tips.

(b) An insurer, as defined in § 1–101 of the Insurance Article, that provides workers’ compensation insurance to members of a limited worker cooperative association formed under this subtitle shall calculate premiums for members who are covered employees:

(1) In accordance with Title 11, Subtitle 3 and Title 19, Subtitle 4 of the Insurance Article; and

(2) Based on the covered employee’s actual payroll value.

(c) The Maryland Insurance Commissioner shall enforce this section.

(d) This section may not be construed to prohibit a limited worker cooperative association from acquiring other forms of insurance.
Md. Code, Environment § 4-414 — MD Code / Article gen / Title 4 / Subtitle 4 / Section 4-414
§4–414.
Status: in_force

The Department of Natural Resources, in cooperation with other appropriate agencies, shall evaluate and monitor the dumping of all dredged spoil and similar type operations in the waters of the State. The frequency of monitoring during actual operations shall be sufficient to promptly identify any irregular or unanticipated occurrence within sufficient time to modify or terminate the operations before environmental damage occurs. All monitoring data shall be made available promptly to the public.
Md. Code, Housing and Community Development § 4-308 — MD Code / Article ghs / Title 4 / Subtitle 3 / Section 4-308
§4–308.
Status: in_force

(a) Subject to subsection (b) of this section, a recipient of a Program loan shall complete homebuyer education that meets the requirements of the Department.

(b) The Department’s homebuyer education requirements shall:

(1) allow a Program loan recipient to use the online homebuyer education for a HUD–approved product and contact a HUD–approved counseling agency to receive a certificate; and

(2) enable one political subdivision’s certificate to be used in another political subdivision.

(c) This subtitle does not alter or preempt the authority of a political subdivision to establish homebuyer education or counseling requirements for a down payment assistance program operated by the political subdivision.
Md. Code, Housing and Community Development § 4-908 — MD Code / Article ghs / Title 4 / Subtitle 9 / Section 4-908
§4–908.
Status: in_force

The Department may:

(1) limit the return on equity allowed to, or enter into equity participation agreements with, sponsors and nonprofit sponsors;

(2) require and obtain appraisals, credit and title information, and other information related to making Program loans;

(3) contract for services relating to any aspect of the operation of the Program under the procedures required by law for State contracts;

(4) charge and collect:

(i) reasonable application and processing fees; and

(ii) other charges, fees, or reimbursements incidental to Program loans; and

(5) if necessary, limit the cumulative outstanding debt for Program loans made to a trust described in 42 U.S.C. § 1396p(d)(4) to preserve the ongoing financial viability of the Program.
Md. Code, Commercial Law § 4-103 — MD Code / Article gcl / Title 4 / Subtitle 1 / Section 4-103
§4–103.
Status: in_force

(a) The effect of the provisions of this title may be varied by agreement, but the parties to the agreement cannot disclaim a bank’s responsibility for its lack of good faith or failure to exercise ordinary care or limit the measure of damages for the lack or failure. However, the parties may determine by agreement the standards by which the bank’s responsibility is to be measured if those standards are not manifestly unreasonable.

(b) Federal Reserve regulations and operating circulars, clearing-house rules, and the like have the effect of agreements under subsection (a), whether or not specifically assented to by all parties interested in items handled.

(c) Action or nonaction approved by this title or pursuant to Federal Reserve regulations or operating circulars is the exercise of ordinary care and, in the absence of special instructions, action or nonaction consistent with clearing-house rules and the like or with a general banking usage not disapproved by this title, is prima facie the exercise of ordinary care.

(d) The specification or approval of certain procedures by this title is not disapproval of other procedures that may be reasonable under the circumstances.

(e) The measure of damages for failure to exercise ordinary care in handling an item is the amount of the item reduced by an amount that could not have been realized by the exercise of ordinary care. If there is also bad faith it includes any other damages the party suffered as a proximate consequence.
Md. Code, Housing and Community Development § 4-2602 — MD Code / Article ghs / Title 4 / Subtitle 26 / Section 4-2602
§4–2602.
Status: in_force

(a) There is a Local Housing Grant Program for Homeless Veterans and Survivors of Domestic Violence.

(b) The purpose of the Program is to provide grants for housing voucher funds to counties for use to house homeless veterans and survivors of domestic violence.
Md. Code, Health - General § 4-206 — MD Code / Article ghg / Title 4 / Subtitle 2 / Section 4-206
§4–206.
Status: in_force

(a) The Secretary shall collect, index, and safeguard the marriage, divorce, and annulment records that clerks of court file as provided by law.

(b) (1) The Secretary may change a marriage, divorce, or annulment record in the file of the Department only if a clerk of court sends, as provided by law, a certified report of the change.

(2) If a discrepancy exists between the record of a clerk of court and the record of the Secretary as to a marriage, divorce, or annulment, the record of the clerk of court shall be considered correct.

(c) (1) A clerk of court may provide a certified copy of a record of any marriage, divorce, or annulment in accordance with usual custom and as provided by law.

(2) The Secretary may not provide a certified copy of any record of divorce or annulment.
Md. Code, Natural Resources § 4-1021 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1021
§4–1021.
Status: in_force

(a) The Department may adopt rules and regulations governing the type, number, and size of dredges used in Pocomoke and Tangier sounds and governing those areas in which dredges may be operated. A person may have two dredges aboard any boat if no more than one dredge is in operation at any given time.

(b) A person may not catch clams in Pocomoke and Tangier sounds between sunset on one day and sunrise the following day or on Sundays. The season for catching hard-shell clams by dredge under this section is from September 15 in each year to May 31 of the year following, inclusive.

(c) A person may not have any oysters aboard any boat in Pocomoke or Tangier sounds when a dredge is aboard.
Md. Code, General Provisions § 4-1A-06 — MD Code / Article ggp / Title 4 / Subtitle 1A / Section 4-1A-06
§4–1A–06.
Status: in_force

(a) Except as provided in subsection (c) of this section, on receipt of a written complaint, the Board promptly shall:

(1) send the complaint to the custodian or applicant identified in the complaint; and

(2) request that a response to the complaint be sent to the Board.

(b) (1) The custodian or applicant shall file a written response to the complaint within 30 calendar days after receiving the complaint.

(2) On request of the Board, the custodian shall provide:

(i) if the complaint alleges that the custodian failed to respond to a request for a public record within the time limits established under § 4–203 of this title, a response to the request for the public record;

(ii) if the complaint alleges that the custodian denied inspection of a public record in violation of this title:

1. a copy of the public record, descriptive index of the public record, or written reason why the record cannot be disclosed, as appropriate; and

2. the provision of law on which the custodian relied in denying inspection of the public record; or

(iii) if the complaint alleges that the custodian charged an unreasonable fee under § 4–206 of this title, the basis for the fee that was charged.

(3) (i) If the complaint alleges that the custodian denied inspection of a public record under § 4–301(a)(2)(ii) of this title, the custodian may not be required to produce the public record for Board review.

(ii) The Board may request information about the public record from the custodian.

(4) On request of the Board, a custodian or an applicant shall provide an affidavit or a statement containing the facts that are at issue in the complaint.

(5) The Board shall maintain the confidentiality of any record or information submitted by a custodian or an applicant under this subsection.

(6) A custodian may not be civilly or criminally liable under Maryland law for providing or describing a public record to the Board under this subsection.

(7) The provision of a record or a description of a record to the Board under this subsection may not be construed as a waiver of any applicable privilege.

(c) If a written response or information requested under subsection (b) of this section is not received within 30 calendar days after the request is sent, the Board shall decide the case on the facts before the Board.
Md. Code, State Finance and Procurement § 4-319 — MD Code / Article gsf / Title 4 / Subtitle 3 / Section 4-319
§4–319.
Status: in_force

(a) This section applies to any lease of property by the State.

(b) (1) The Department shall give written notice of each proposed initial lease of property to:

(i) the governing body of each political subdivision in which the property is located; and

(ii) each member of the General Assembly in whose legislative district the property is located.

(2) If the notice given under paragraph (1) of this subsection is for at least 2 proposed sites from which 1 site is to be selected, before any site is finally selected, the Department shall give written notice of the site that has been proposed for final selection.

(c) Within 30 days after receiving notice under subsection (b)(1) of this section, the governing body or the member of the General Assembly may submit written comments to the Department.

(d) A lease for a site may not be executed until 31 days after the day that notice is received under subsection (b)(1) of this section.
Md. Code, Natural Resources § 4-11A-11 — MD Code / Article gnr / Title 4 / Subtitle 11A / Section 4-11A-11
§4–11A–11.
Status: reserved

(a) This section applies to demonstration leases.

(b) (1) The Department may issue a demonstration lease to a public high school, an incorporated college or university within the State, a 4–H club, or a nonstock, nonprofit corporation organized under the laws of the State exclusively for educational, conservation, or ecological purposes.

(2) An application for a demonstration lease shall include a declaration that the applicant intends to actively use the leased area for demonstration purposes and a proposed plan for active use of the lease.

(c) The size of the lease may not exceed 5 acres.

(d) The proposed lease area may not be located:

(1) Within a minimum of 50 feet of shoreline or any pier without the written permission of the riparian owner at the time of application for the lease;

(2) Within 150 feet of the public shellfish fishery or a registered pound net site;

(3) Within 150 feet of an oyster reserve or any Yates Bar located in an oyster sanctuary;

(4) Within 150 feet of a federal navigational channel;

(5) In any creek, cove, bay, or inlet less than 300 feet wide at its mouth at mean low tide;

(6) In an SAV Protection Zone; or

(7) In a setback or buffer from the Assateague Island National Seashore established by the Department.

(e) (1) A demonstration lease may not be assigned or transferred.

(2) Any transfer or assignment or attempt to transfer or assign a lease shall be void and the interest in submerged land shall revert to the State without the necessity of any action by the State.

(f) (1) (i) A demonstration leaseholder shall actively use the lease for the purpose of demonstrating the ecological benefits of growing shellfish or for research or education.

(ii) Failure to actively use the lease may result in termination of the lease.

(2) A person may not harvest shellfish for commercial or consumption purposes from an area that is subject to a demonstration lease.
Md. Code, Economic Development § 4-404 — MD Code / Article gec / Title 4 / Subtitle 4 / Section 4-404
§4–404.
Status: in_force

The Senior Advisor on Film, Television, and Entertainment shall chair the Council.
Md. Code, Natural Resources § 4-11A-03 — MD Code / Article gnr / Title 4 / Subtitle 11A / Section 4-11A-03
§4–11A–03.
Status: in_force

(a) (1) The General Assembly defines aquaculture as an agricultural and fisheries management activity.

(2) “Aquaculture” includes the commercial rearing of finfish, shellfish, and aquatic plants for sale, trade, barter, or shipment.

(b) It is the intent of the General Assembly to create:

(1) An Aquaculture Review Board and an Aquaculture Coordinating Council to promote the development of an aquaculture industry in this State; and

(2) An Aquaculture Coordinator, employed by the Department, to assist persons in obtaining the permits and licenses necessary to conduct aquaculture in the State.

(c) The Department is the lead agency for:

(1) The development and overall management of aquaculture and aquaculture products;

(2) Coordinating and streamlining the process of applying for a State aquaculture permit;

(3) Enforcing laws, regulations, and rules related to aquaculture; and

(4) Identifying economic development opportunities related to aquaculture.

(d) The University System of Maryland is the lead agency for research in aquaculture production and shall be responsible for development of education and extension programs which promote aquaculture as an industry.

(e) The Department of Agriculture is the lead agency for the marketing of aquaculture products.
Md. Code, Education § 4-113.1 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-113.1
§4–113.
Status: in_force

§4–113.1.

(a) Each county board shall convert a student’s home address and geolocation information into census tract and block numbers in a manner and format that are consistent with the protocol developed by the Maryland Longitudinal Data System Center under § 24–703.3 of this article.

(b) The Department shall collect from each county board census tract and block number information for each student in the county.

(c) The Department shall provide the Maryland Longitudinal Data System Center with the census tract and block number information collected under this section to aid the Maryland Longitudinal Data System Center’s goal under § 24–702 of this article of linking student data and workforce data.
Md. Code, Correctional Services § 4-209 — MD Code / Article gcs / Title 4 / Subtitle 2 / Section 4-209
§4–209.
Status: reserved

(a) The Institution shall compile and maintain a complete record of each incarcerated individual transferred to it for evaluation or treatment.

(b) The record shall include the following materials to the extent that the materials are physically available and the inclusion is not prohibited by federal law:

(1) police reports and other relevant information concerning the crime of which the incarcerated individual was most recently convicted and the sentence imposed for that conviction;

(2) the incarcerated individual’s criminal and juvenile history and all relevant records concerning this history;

(3) presentence investigation, parole, probation, and other reports concerning the incarcerated individual;

(4) school records;

(5) information concerning the incarcerated individual’s medical and mental health history, including relevant medical and hospital records and reports; and

(6) all other relevant information, records, and reports concerning the incarcerated individual’s social, physical, or mental condition and history.

(c) (1) The Institution shall record a full and accurate description, including photographs, of each incarcerated individual transferred to the Institution for treatment.

(2) The Institution may adopt the Bertillon method or any other accurate method of description, measurement, and registration.

(d) (1) In order that the Institution may comply with this section, all State and local officials and units:

(i) shall cooperate with the Institution; and

(ii) promptly, on request of the Institution, shall furnish or cause to be furnished to the Institution the information, records, and reports in their possession.

(2) The provisions of § 3–8A–27(b) of the Courts Article do not apply to a request made for juvenile records under this section.

(e) To the extent that any record, report, or information compiled under this section is legally confidential, it shall remain confidential and may not be disclosed to any person or unit except to:

(1) the Commissioner or the Commissioner’s authorized staff;

(2) the Division of Parole and Probation;

(3) the Maryland Parole Commission;

(4) a State’s Attorney, when required in the prosecution or defense of a proceeding in court;

(5) a federal, State, or local law enforcement officer on a written request signed by an authorized commanding officer of the law enforcement unit certifying that the record, report, or information is needed for a pending investigation;

(6) an authorized correctional official or probation officer of:

(i) the United States; or

(ii) a state, if that jurisdiction has made reciprocal provision by law to furnish similar records, reports, or information to comparable officials of this State;

(7) the Attorney General;

(8) the Inmate Grievance Office, to the extent relevant to a matter pending before it and with the written consent of the incarcerated individual to whom the record, report, or information pertains;

(9) the Division of Rehabilitation Services of the Department of Education solely to determine if an incarcerated individual confined at the Institution qualifies for benefits provided by that Division;

(10) providers of medical care to the extent necessary to ensure proper medical treatment;

(11) a judge of a circuit court or the District Court when required in connection with a pretrial release, presentence, or postsentence investigation; and

(12) State, local, and federal units and private agencies to the extent that the release of the record, report, or information will benefit an eligible person but only with the written consent of the incarcerated individual to whom the record, report, or information pertains.

(f) Confidential records, reports, or information may be disclosed under subsection (e) of this section only if the Director reasonably believes that the record, report, or information:

(1) will be used solely for the legitimate purposes of the person or unit receiving it; and

(2) will not be further disseminated to any person or unit not authorized to receive it under subsection (e) of this section.

(g) Juvenile records obtained under subsection (d) of this section may be disclosed only:

(1) to a person or unit listed in subsection (e)(1), (2), and (3) of this section; and

(2) in accordance with subsection (f) of this section.
Md. Code, Labor and Employment § 4-321 — MD Code / Article gle / Title 4 / Subtitle 3 / Section 4-321
§4–321.
Status: in_force

An organization or officer or member of an organization participating or interested in a labor dispute has immunity from liability in accordance with § 5-414 of the Courts Article.
Md. Code, Land Use § 4-406 — MD Code / Article glu / Title 4 / Subtitle 4 / Section 4-406
§4–406.
Status: in_force

(a) In addition to the judicial review provided under this subtitle, a legislative body may allow judicial review by the circuit court of any matter arising under the planning and zoning laws of the local jurisdiction.

(b) A judgment of the circuit court under this section may be appealed to the Appellate Court of Maryland.
Md. Code, Housing and Community Development § 4-2202 — MD Code / Article ghs / Title 4 / Subtitle 22 / Section 4-2202
§4–2202.
Status: in_force

The General Assembly finds and declares that:

(1) an increasing number of people in the State are homeless;

(2) homeless people have been ignored by State units;

(3) current State–operated programs do not adequately address the problem; and

(4) as a result, there is a lack of quality emergency public or private housing available for homeless people.
Md. Code, Insurance § 4-308 — MD Code / Article gin / Title 4 / Subtitle 3 / Section 4-308
§4–308.
Status: in_force

(a) A mandatory control level event occurs when:

(1) an insurer files an RBC report that indicates that the insurer has total adjusted capital that is less than its mandatory control level RBC;

(2) the Commissioner notifies the insurer of an adjusted RBC report that indicates an event under item (1) of this subsection; or

(3) if an insurer requests a hearing to challenge an adjusted RBC report that indicates the event under item (1) of this subsection, the Commissioner notifies the insurer that the Commissioner, after a hearing, has rejected the insurer’s challenge.

(b) (1) In the case of a life insurer or fraternal benefit society, if a mandatory control level event occurs with respect to the life insurer or fraternal benefit society, the Commissioner shall take any action that may be necessary to place the life insurer or fraternal benefit society under conservation, rehabilitation, or liquidation under Title 9 of this article.

(2) In the case of a property and casualty insurer, if a mandatory control level event occurs with respect to the property and casualty insurer, the Commissioner:

(i) shall take any action that may be necessary to place the property and casualty insurer under conservation, rehabilitation, or liquidation under Title 9 of this article; or

(ii) in the case of a property and casualty insurer that is not writing any new business and that is running off its existing business, may allow the property and casualty insurer to continue its run–off under the supervision of the Commissioner.

(3) In the case of a health insurer, if a mandatory control level event occurs with respect to the health insurer, the Commissioner shall take any action that may be necessary to place the health insurer under conservation, rehabilitation, or liquidation under Title 9 of this article.

(c) The Commissioner may delay action under subsection (b) of this section for up to 90 days after the occurrence of the mandatory control level event if the Commissioner finds there is a reasonable expectation that the mandatory control level event may be eliminated within the 90–day period.

(d) (1) The Commissioner shall have the rights, powers, and duties under Title 9 of this article needed to carry out the requirements of this section.

(2) If the Commissioner takes any action under Title 9 of this article pursuant to an adjusted RBC report as provided in this section, the insurer shall be entitled to the protections afforded to insurers under Title 9 of this article with regard to summary proceedings.
Md. Code, Agriculture § 4-207 — MD Code / Article gag / Title 4 / Subtitle 2 / Section 4-207
§4–207.
Status: in_force

The State shall bear the cost of inspection rendered under this subtitle, except as provided in § 4–204 of this subtitle. However, each establishment shall pay the cost of overtime and holiday work, except during the 14–day period immediately prior to both Thanksgiving and Christmas, at rates the Secretary determines. Sums received by the Secretary, in reimbursement for sums paid out for premium pay work, shall be available without fiscal year limitation to carry out the purposes of this section.
Md. Code, Financial Institutions § 4-902 — MD Code / Article gfi / Title 4 / Subtitle 9 / Section 4-902
§4–902.
Status: in_force

(a) The incorporators of a subsidiary savings bank shall sign and acknowledge 2 copies of the articles of incorporation.

(b) The articles of incorporation shall include:

(1) The name and address of each incorporator;

(2) A statement that each incorporator is 18 years old or older, a resident of this State, and a citizen of the United States;

(3) A statement that the incorporators are associated to form a subsidiary savings bank under this subtitle;

(4) The name of the subsidiary savings bank, which may not be similar in any material respect to the name of any other bank or trust company in this State, except that the name of the subsidiary savings bank may be similar to the name of a savings bank reorganized pursuant to this title that is affiliated with the subsidiary savings bank;

(5) The municipal area and county where the principal banking office of the subsidiary savings bank is to be located;

(6) The number of directors and the names and residence addresses of those who will serve as directors until their successors are elected and qualify; and

(7) A statement that more than 50% of the shares of capital stock issued shall be held by the mutual holding company.

(c) The minimum capital requirements of a subsidiary savings bank shall be governed by §§ 3-209 and 3-211 of this article.

(d) The articles of incorporation may include any other provision not inconsistent with law.
Md. Code, Education § 4-201 — MD Code / Article ged / Title 4 / Subtitle 2 / Section 4-201
§4–201.
Status: in_force

(a) (1) This section does not apply to Baltimore City.

(2) Subsections (b), (c), (d), and (f) of this section do not apply in Prince George’s County.

(b) (1) The term of a county superintendent is 4 years beginning on July 1. A county superintendent continues to serve until a successor is appointed and qualifies.

(2) By February 1 of the year in which a term ends, the county superintendent shall notify the county board whether the superintendent is a candidate for reappointment.

(3) In the year in which a term begins, the county board shall appoint a county superintendent between February 1 and June 30. However, if the county board decides to reappoint the incumbent superintendent, the county board shall take final action at a public meeting no later than March 1 of that year.

(4) If a county board is unable to appoint a county superintendent by July 1 of a year in which a term begins, the provisions of subsection (d) of this section apply.

(c) (1) An individual may not be appointed as county superintendent unless the individual:

(i) Is eligible to be issued a certificate for the office by the State Superintendent;

(ii) Has graduated from an accredited college or university; and

(iii) Has completed 2 years of graduate work at an accredited college or university, including public school administration, supervision, and methods of teaching.

(2) The appointment of a county superintendent is not valid unless approved in writing by the State Superintendent.

(3) If the State Superintendent disapproves an appointment, the State Superintendent shall give the reasons for disapproval in writing to the county board.

(d) If a vacancy occurs in the office of county superintendent, the county board shall appoint an interim county superintendent who serves until July 1 after the interim county superintendent’s appointment.

(e) (1) Subject to the provisions of this subsection, the State Superintendent or a county board may remove a county superintendent for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Insubordination;

(iv) Incompetency; or

(v) Willful neglect of duty.

(2) (i) The State Superintendent may remove a county superintendent under this subsection if the State Superintendent provides the county superintendent with:

1. The reason for removal, chosen from one or more of the items in paragraph (1) of this subsection;

2. Documentation supporting the case for removal; and

3. The opportunity to request a hearing within 10 days before the State Superintendent in accordance with this subsection.

(ii) The county superintendent may appeal the decision of the State Superintendent to the State Board.

(3) If the county superintendent requests a hearing before the State Superintendent within the 10–day period:

(i) The State Superintendent promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Superintendent sends the county superintendent a notice of the hearing; and

(ii) The county superintendent shall have an opportunity to be heard publicly before the State Superintendent in the county superintendent’s own defense, in person or by counsel.

(4) (i) A county board may remove a county superintendent under this subsection if the county board provides the county superintendent with:

1. The reason for removal, chosen from one or more of the items in paragraph (1) of this subsection;

2. Documentation supporting the case for removal; and

3. The opportunity to request a hearing within 10 days before the county board in accordance with this subsection.

(ii) The county superintendent may appeal the decision of the county board to the State Board.

(f) On notification of pending criminal charges against a county superintendent as provided under § 4–206 of this subtitle, the county board may suspend the county superintendent with pay until the final disposition of the criminal charges.
Md. Code, Financial Institutions § 4-502 — MD Code / Article gfi / Title 4 / Subtitle 5 / Section 4-502
§4–502.
Status: in_force

Each savings bank shall have at least 5 and not more than 30 directors, as its charter or bylaws provide.
Md. Code, Commercial Law § 4-301 — MD Code / Article gcl / Title 4 / Subtitle 3 / Section 4-301
§4–301.
Status: in_force

(a) If a payor bank settles for a demand item other than a documentary draft presented otherwise than for immediate payment over the counter before midnight of the banking day of receipt, the payor bank may revoke the settlement and recover the item if, before it has made final payment and before its midnight deadline, it

(1) Returns the item; or

(2) Sends written notice of dishonor or nonpayment if the item is unavailable for return.

(b) If a demand item is received by a payor bank for credit on its books it may return the item or send notice of dishonor and may revoke any credit given or recover the amount thereof withdrawn by its customer, if it acts within the time limit and in the manner specified in subsection (a).

(c) Unless previous notice of dishonor has been sent, an item is dishonored at the time when for purposes of dishonor it is returned or notice sent in accordance with this section.

(d) An item is returned:

(1) As to an item presented through a clearing house, when it is delivered to the presenting or last collecting bank or to the clearing house or is sent or delivered in accordance with clearing-house rules; or

(2) In all other cases, when it is sent or delivered to the bank’s customer or transferor or pursuant to instructions.
Md. Code, State Finance and Procurement § 4-312 — MD Code / Article gsf / Title 4 / Subtitle 3 / Section 4-312
§4–312.
Status: in_force

Except as otherwise specifically provided by law and consistent with Division II of this article, the Secretary or Chief Procurement Officer shall set standards for supplies to be purchased by a unit, including standards for electronic equipment used by State employees or the public for communications that are consistent with the standards for nonvisual access information technology issued under § 3–410 of this article.
Md. Code, Business Regulation § 4-316 — MD Code / Article gbr / Title 4 / Subtitle 3 / Section 4-316
§4–316.
Status: in_force

A wrestler or contestant who participates in a fake contest:

(1) for the first offense, shall be prohibited for a period of 6 months beginning immediately after the offense from participating in a contest that is held by a person licensed to act as a promoter of a contest; and

(2) for the second offense, shall be disqualified from attendance at or participation in a contest that is held by a person licensed to act as a promoter of a contest.
Md. Code, Economic Development § 4-604 — MD Code / Article gec / Title 4 / Subtitle 6 / Section 4-604
§4–604.
Status: in_force

The Commission shall:

(1) work with the Department of General Services, the State Department of Transportation, and the University System of Maryland to ensure that new public facilities constructed by State units include the installation of artwork;

(2) allocate money from the Fund to commission artwork for installation at public facilities around the State;

(3) establish selection panels to recommend artists and artwork to be funded by the Fund; and

(4) make final recommendations concerning the disbursement of money allocated to the Program.
Md. Code, Estates and Trusts § 4-206 — MD Code / Article get / Title 4 / Subtitle 2 / Section 4-206
§4–206.
Status: in_force

The robbery or larceny of a will shall be punished in the same manner as the robbery or larceny of goods and chattels.
Md. Code, State Finance and Procurement § 4-205 — MD Code / Article gsf / Title 4 / Subtitle 2 / Section 4-205
§4–205.
Status: in_force

(a) This section does not apply to a unit in the Department to the extent that the unit is permitted by law to employ its own legal adviser or counsel.

(b) The Attorney General is legal adviser to the Department.

(c) The Attorney General shall assign to the Department the number of Assistant Attorneys General authorized by law to be assigned to the Department and to its units.

(d) (1) The Attorney General shall designate 1 of the Assistant Attorneys General assigned to the Department as counsel to the Department. After the Attorney General designates the counsel to the Department, the Attorney General may not reassign the counsel without consulting the Secretary.

(2) The counsel may have no duty other than to give the legal aid, advice, and counsel required by the Secretary or any other official of the Department, to supervise the other Assistant Attorneys General assigned to the Department, and to perform for the Department the duties that the Attorney General assigns. The counsel shall perform these duties subject to the control and supervision of the Attorney General.
Md. Code, Natural Resources § 4-11A-22 — MD Code / Article gnr / Title 4 / Subtitle 11A / Section 4-11A-22
§4–11A–22.
Status: in_force

If a person who owns, controls, or erects an artificial pond on land he owns or possesses, puts any fish or the eggs or spawn of fish in the pond for breeding and cultivating purposes, and gives notice by written or printed handbills in public places near the pond, no other person may enter the premises to fish, without obtaining the consent of the owner.
Md. Code, Public Utilities § 4-503 — MD Code / Article gpu / Title 4 / Subtitle 5 / Section 4-503
§4–503.
Status: in_force

(a) This section does not apply to service rendered or commodities furnished:

(1) to the officers, employees, pensioners, and immediate family members of the officers, employees, and pensioners of a public service company;

(2) to the United States, the State, or a local government;

(3) to provide relief in cases of general epidemic, pestilence, flood, or other similar calamity;

(4) in the case of common carriers, to transport:

(i) personnel of another common carrier that reciprocates for personnel of the transporting common carrier;

(ii) hospital patients;

(iii) indigent, destitute, and homeless individuals;

(iv) persons exclusively engaged in charitable work;

(v) residents of federal or State veterans homes, including those about to enter a home or those returning from a home;

(vi) railway mail service employees and baggage agents;

(vii) post office, customs, and immigration inspectors;

(viii) newspaper vendors;

(ix) property for exhibition carried to or from fairs and expositions;

(x) employees of sleeping car companies, express companies, telegraph companies, and telephone companies doing business along the line of the common carrier;

(xi) persons and property incident to or connected with contracts for construction, operation, or maintenance of the plant of the transportation company, to the extent provided in the contracts;

(xii) individuals injured in accidents and physicians, nurses, or other necessary caretakers attending the injured individuals in transit;

(xiii) children under the age of 5 years for no charge;

(xiv) children under 12 years for half fare; or

(xv) persons at free or reduced rates that are otherwise authorized by law;

(5) in the case of common carriers, for the issuance of mileage, excursion, or commuter tickets;

(6) to free steamboat excursion transportation from May through August of each year, from Baltimore City to any place in the State, in exchange for services rendered in advertising the excursion business;

(7) to obtain essential data by a method that uses a limited sample of customers, in connection with a rate structure study conducted under formal proceedings before the Commission;

(8) to telephone lifeline service provided to eligible subscribers under § 8–201 of this article; or

(9) to electricity or gas service provided to eligible limited–income customers through an approved limited–income mechanism under § 4–308 of this title.

(b) For any service rendered or commodity furnished, a public service company may not directly or indirectly, by any means, including special rates, rebates, drawbacks, or refunds:

(1) charge, demand, or receive from a person compensation that is greater or less than from any other person under substantially similar circumstances;

(2) extend a privilege or facility to a person, except those privileges and facilities that are extended uniformly to all persons under substantially similar circumstances;

(3) discriminate against a person, locality, or particular class of service; or

(4) give undue or unreasonable preference to or cause undue or unreasonable prejudice to a person, locality, or particular class of service.
Md. Code, Natural Resources § 4-208 — MD Code / Article gnr / Title 4 / Subtitle 2 / Section 4-208
§4–208.
Status: reserved

(a) In this section, “Fund” means the State Fisheries Management and Protection Fund.

(b) There is a State Fisheries Management and Protection Fund in the Department.

(c) The purpose of the Fund is to finance the scientific investigation, protection, propagation, and management of nontidal finfish.

(d) The Department shall administer the Fund.

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

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

(f) The Fund consists of:

(1) Any money received for a fish and fisheries license, stamp, permit, or application fee under this title, unless otherwise provided;

(2) Any investment earnings of the Fund; and

(3) Money appropriated from the General Fund of the State in accordance with subsection (j) of this section.

(g) The Fund may be used only for:

(1) The scientific investigation, protection, propagation, and management of nontidal finfish; and

(2) Administrative costs calculated in accordance with § 1–103(b)(2) of this article.

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

(2) Any investment earnings of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund.

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

(j) Beginning with fiscal year 2009 and each fiscal year thereafter, the Governor may include in the budget bill an appropriation from the General Fund for the Fund.
Md. Code, Natural Resources § 4-210.1 — MD Code / Article gnr / Title 4 / Subtitle 2 / Section 4-210.1
§4–210.
Status: in_force

§4–210.1.

(a) A person providing fishing guide services for compensation to a person fishing in nontidal freshwater or areas of tidal water designated in subsection (f) of this section for game and freshwater fish shall obtain a freshwater fishing guide license.

(b) An applicant for a license shall:

(1) Submit to the Department an application on the form that the Department requires;

(2) Pay to the Department an application fee of:

(i) $20 for residents or $50 for nonresidents to operate in nontidal freshwater; and

(ii) $50 for residents or $100 for nonresidents to operate in nontidal freshwater and the areas of tidal water designated in subsection (f) of this section; and

(3) Possess any necessary fishing licenses and stamps.

(c) Before a freshwater fishing guide license expires, the licensee may renew the license for an additional 1 year term. The licensee may renew a freshwater fishing guide permit if the licensee:

(1) Otherwise is entitled to hold the license;

(2) Submits to the Department a renewal application on the form that the Department requires; and

(3) Submits to the Department the annual license application fee under subsection (b) of this section.

(d) All fees collected by the Department pursuant to this section shall be used for monitoring the freshwater fishery, including the capture and tagging of black bass in order to develop information and methods to sustain a healthy black bass population.

(e) The Department may issue a freshwater fishing guide license which shall be valid for a term established by the Department in regulation.

(f) The freshwater fishing guide license is not valid in tidal waters except for the following designated areas:

(1) In the upper Chesapeake Bay upstream of a line from Sandy Point to Turkey Point;

(2) In the Elk River upstream of a line from Turkey Point to the State launching ramp at Pearce Creek;

(3) In the Pond Creek upstream of a line connecting the two unnamed points at the entrance to the creek;

(4) In the Sassafras River upstream of a line from Grove Point to Howell Point;

(5) In the Still Pond Creek upstream of a line from Meeks Point to Rocky Point;

(6) In the Worton Creek upstream of a line from the point at Copeland to Handys Point;

(7) In the Fairlee Creek upstream of a line across the entrance of the creek;

(8) (i) In the Chester River upstream of a line from Spaniard Point to Nichols Point;

(ii) In the Corsica River, a tributary of the Chester River, upstream of a line from Spaniard Point to Holton Point;

(iii) In the Langford Creek, a tributary of the Chester River, upstream of a line from Nichols Point to Grays Inn Point;

(iv) In the Grays Inn Creek, a tributary of the Chester River upstream from Grays Inn Point to Little Gum Point;

(9) In the Choptank River upstream of the Dover Bridge on Route 331;

(10) In the Blackwater River upstream of a line from the lower point of Snake Island to the southernmost point on the opposite shore;

(11) In the Transquaking River upstream of a line from Alabaster Point running magnetic north to the opposite shore;

(12) In the Nanticoke River upstream of a line from Long Point to Runaway Point;

(13) In the Wicomico River upstream of the Whitehaven ferry crossing;

(14) In the Pocomoke River upstream of the landing at Rehobeth;

(15) (i) In the Maryland tributaries of the Potomac River above the Route 301 bridge; and

(ii) In the Wicomico River, a tributary of the Potomac River, upstream of a line from Mills Point in a westerly direction to the northernmost point at the entrance to Dolly Boarmans Creek;

(16) (i) In the Patuxent River upstream of the overhead power lines north of Gods Grace Point;

(ii) In the Swanson Creek, a tributary of the Patuxent River, upstream of a line from Teague Point to Chalk Point;

(17) In the Patapsco River upstream of the Hanover Street crossing parallel to the Potee Street crossing;

(18) In the Back River upstream of a line from Cuckhold Point to Rocky Point;

(19) In the Middle River upstream of a line from Booby Point to Bowley Bar Point;

(20) In the Seneca Creek upstream of a line from Bowley Bar Point to Lowen Point;

(21) In the Gunpowder River upstream of a line from Weir Point to Rickett Point; and

(22) In the Bush River upstream of a line from Abbey Point to Sandy Point.

(g) (1) A recreational angler under the guidance of a freshwater fishing guide in tidal waters may not:

(i) Possess the species of fish known as striped bass or rockfish; or

(ii) From March 1 through May 31, catch or attempt to catch striped bass in spawning areas and rivers.

(2) For the purposes of paragraph (1)(ii) of this subsection, spawning areas and rivers include everything north of a line from Abbey Point to Worton Point, including the Sassafras River, Bohemia River, Elk River, Northeast River, Susquehanna River, Susquehanna Flats, and the Chesapeake and Delaware Canal.

(h) An applicant for a freshwater fishing license that will be used in tidal waters must demonstrate to the Department that the applicant has obtained the appropriate federal licenses.

(i) The Department shall adopt regulations necessary to implement this section including regulations that:

(1) Prohibit a person from furnishing any service as a fishing guide that requires operating a boat or vessel as part of that service without complying with appropriate federal regulations governing the operation of a vessel carrying passengers for hire;

(2) Limit to 150 the number of freshwater fishing guide licenses that will be issued annually that allow a person to operate in nontidal freshwater and tidal water areas designated in subsection (f) of this section;

(3) Allocate not more than 20% to nonresidents of the 150 freshwater fishing guide licenses that allow a person to operate in nontidal freshwater and tidal areas designated in subsection (f) of this section; and

(4) Establish provisions for maintaining a waiting list for applicants in excess of the maximum number of fishing guide licenses that allow a person to operate in nontidal freshwater and tidal areas designated in subsection (f) of this section.
Md. Code, Agriculture § 4-123.1 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-123.1
§4–123.
Status: in_force

§4–123.1.

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

(2) (i) “Humane method” means:

1. A method by which livestock are rendered insensible to pain, by a single blow or gunshot, or by an electrical, chemical, or other rapid and effective means, before being shackled, hoisted, thrown, cast, or cut; or

2. Ritual slaughter.

(ii) “Humane method” does not include the use of a manually operated hammer, sledge, or poleax during a slaughtering operation.

(3) (i) “Livestock” means cattle, calves, sheep, swine, horses, mules, goats, or other animals that may be used in the preparation of a meat product.

(ii) “Livestock” does not include poultry or other fowl.

(4) “Packer” means a person who is engaged in the business of:

(i) Slaughtering; or

(ii) Manufacturing or preparing a meat or livestock product for sale.

(5) “Ritual slaughter” means a method of slaughter by which livestock suffer loss of consciousness by anemia of the brain caused by simultaneous and instantaneous severance of the carotid arteries with a sharp instrument in accordance with ritual requirements of a religious faith.

(6) “Slaughterer” means a person who is regularly engaged in the commercial slaughtering of livestock.

(7) “Stockyard” means a facility, consisting of pens, other enclosures, and appurtenances, operated for compensation or profit as a public market to handle, keep, and hold livestock for sale or shipment.

(b) It is the policy of the State to prevent inhumane methods of livestock slaughter at an official establishment.

(c) This section may not be construed to:

(1) Prohibit or limit the religious freedom of a person;

(2) Apply to a farmer while slaughtering livestock of the farmer; or

(3) Apply to ritual slaughter.

(d) A slaughterer, packer, or stockyard operator may not, unless by a humane method:

(1) Shackle, hoist, or otherwise bring livestock into position for slaughter; or

(2) Bleed or slaughter livestock.

(e) The Secretary shall inspect the handling of livestock in connection with slaughtering in an official establishment.

(f) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each violation.

(2) In addition to the penalty under paragraph (1) of this subsection, the Secretary may refuse to provide or may suspend temporarily inspection services for an establishment that violates this section with respect to the slaughter of livestock.
Md. Code, Labor and Employment § 4-314 — MD Code / Article gle / Title 4 / Subtitle 3 / Section 4-314
§4–314.
Status: in_force

In addition to any other limitation under this Part III of this subtitle, a court may not issue a temporary or permanent injunction in a case that involves or grows out of a labor dispute unless:

(1) each known person against whom relief is sought and each public officer who has a duty to protect the property of the plaintiff is given, in the manner that the court directs, personal notice that the court will hold a hearing on issuance of a temporary or permanent injunction;

(2) at the hearing, the court takes, in open court, testimony offered against the temporary or permanent injunction and affords the opportunity for cross-examination; and

(3) as a result of the hearing, the court finds that:

(i) an unlawful act:

1. has been threatened and, unless restrained, will be committed; or

2. has been committed and, unless restrained, will be continued;

(ii) unless it grants the relief requested, the property of the plaintiff will be injured substantially and irreparably;

(iii) greater injury will be inflicted on the plaintiff for each item of relief that the court denies than will be inflicted on the defendant if the court grants the item;

(iv) it is not granting any item of relief for which a court lacks jurisdiction under § 4-307 of this subtitle;

(v) the plaintiff has no adequate remedy at law; and

(vi) each public officer who has a duty to protect the property of the plaintiff has failed or is unable to give adequate protection.
Md. Code, Estates and Trusts § 4-202 — MD Code / Article get / Title 4 / Subtitle 2 / Section 4-202
§4–202.
Status: in_force

(a) (1) Subject to subsection (b) of this section, a will may be deposited for safekeeping:

(i) By the testator, or by the testator’s agent, with the register of the county in which the testator resides; or

(ii) By any person having custody of the will, other than the testator or the testator’s agent, with the register of the county in which the testator resides or in which the testator resided when the will was executed.

(2) The register shall give a receipt for the will, on the payment of the required fee.

(b) (1) The will shall be enclosed in a sealed wrapper, which shall have endorsed on it “Will of,” followed by:

(i) The name of the testator;

(ii) The testator’s address; and

(iii) The testator’s Social Security number, if available.

(2) The register shall endorse on the will:

(i) The date it was received; and

(ii) The name of the person from whom it was received.

(3) The will is not to be delivered or opened except as provided in this subtitle.

(c) During the lifetime of the testator a deposited will may be delivered only to the testator, or to a person authorized by the testator in writing to receive it.

(d) After being informed of the death of the testator, the register shall:

(1) Open the will;

(2) Notify the personal representative named in the will, and any other person the register considers appropriate, that the will is on deposit with the register;

(3) Retain the will as a deposited will until it is offered for probate; and

(4) Keep a photographic copy of a will transmitted elsewhere for probate.
Md. Code, Commercial Law § 4-202 — MD Code / Article gcl / Title 4 / Subtitle 2 / Section 4-202
§4–202.
Status: in_force

(a) A collecting bank must exercise ordinary care in:

(1) Presenting an item or sending it for presentment;

(2) Sending notice of dishonor or nonpayment or returning an item other than a documentary draft to the bank’s transferor after learning that the item has not been paid or accepted, as the case may be;

(3) Settling for an item when the bank receives final settlement; and

(4) Notifying its transferor of any loss or delay in transit within a reasonable time after discovery thereof.

(b) A collecting bank exercises ordinary care under subsection (a) by taking proper action before its midnight deadline following receipt of an item, notice, or settlement. Taking proper action within a reasonably longer time may constitute the exercise of ordinary care, but the bank has the burden of establishing timeliness.

(c) Subject to subsection (a)(1), a bank is not liable for the insolvency, neglect, misconduct, mistake, or default of another bank or person or for loss or destruction of an item in the possession of others or in transit.
Md. Code, Corporations and Associations § 4A-1004 — MD Code / Article gca / Title 4A / Subtitle 10 / Section 4A-1004
§4A–1004.
Status: in_force

A foreign limited liability company may register with the Department under any name, whether or not it is the name under which it is registered in its state of organization, as provided under Title 1, Subtitle 5 of this article.
Md. Code, Local Government § 4-108 — MD Code / Article glg / Title 4 / Subtitle 1 / Section 4-108
§4–108.
Status: in_force

(a) A qualified voter may vote in a municipal election by absentee ballot.

(b) (1) Subject to paragraph (2) of this subsection, a municipality shall provide a procedure to vote by absentee ballot.

(2) A municipality may not require an individual to provide a reason that the individual will be unable to vote in person on election day in order to vote by absentee ballot.

(c) A municipality may use any method to enable absentee voters to vote, including using any facilities to transmit and receive applications for absentee ballots.
Md. Code, State Finance and Procurement § 4-601 — MD Code / Article gsf / Title 4 / Subtitle 6 / Section 4-601
§4–601.
Status: in_force

(a) Subject to subsection (b) of this section, the Department has jurisdiction over and full police authority for the enforcement of the criminal laws and the parking and motor vehicle laws as to the operation, maintenance, and protection of:

(1) buildings and grounds that, on June 30, 1984, were administered by the Office of Annapolis Public Buildings and Grounds, and extending to the surrounding area that encompasses 1,000 feet in any direction from the boundary of those buildings and grounds;

(2) buildings and grounds that, on June 30, 1984, were administered by the Office of Baltimore Public Buildings and Grounds, and extending to the surrounding area that encompasses 1,000 feet in any direction from the boundary of those buildings and grounds;

(3) multiservice centers designated by law or by the Board of Public Works and extending to the surrounding area that encompasses 1,000 feet in any direction from the boundary of those multiservice centers;

(4) buildings and grounds that, on June 30, 2019, were administered by the Maryland Department of Labor, and extending to the surrounding area that encompasses 1,000 feet in any direction from the boundary of those buildings;

(5) State–owned or State–leased buildings and grounds and extending to the surrounding area that encompasses 1,000 feet in any direction from the boundary of those buildings and grounds; and

(6) other public improvements or grounds designated by law or by the Board of Public Works.

(b) Consistent with Article 8 of the Maryland Declaration of Rights, with respect to State legislative buildings in the City of Annapolis, the presiding officers of the General Assembly shall have final authority over the use of and access to the buildings by the members of the General Assembly, their staff, and Department of Legislative Services personnel.
Md. Code, Environment § 4-302.1 — MD Code / Article gen / Title 4 / Subtitle 3 / Section 4-302.1
§4–302.
Status: in_force

§4–302.1.

(a) On or before January 1, 2012, unless a more advanced upgrade or upgrade schedule is required by a State or federal law or regulation, if funding is available from the Bay Restoration Fund, a nonfederal, publicly owned wastewater treatment plant that discharges wastewater into the Patuxent River or any of its tributaries and has a design capacity of at least 500,000 gallons per day shall upgrade to enhanced nutrient removal, as defined under § 9-1601 of this article.

(b) On or before January 1, 2016, unless a more advanced upgrade or upgrade schedule is required by a State or federal law or regulation, if funding is available from the Bay Restoration Fund, a nonfederal wastewater treatment plant that discharges wastewater into the Patuxent River or any of its tributaries and has a design capacity of at least 50,000 gallons per day shall upgrade to enhanced nutrient removal, as defined under § 9-1601 of this article.

(c) On or before January 1, 2020, unless a more advanced upgrade or upgrade schedule is required by a State or federal law or regulation, if funding is available from the Bay Restoration Fund, a nonfederal wastewater treatment plant that discharges wastewater into the Patuxent River or any of its tributaries and has a design capacity that is less than 50,000 gallons per day shall upgrade to enhanced nutrient removal, as defined under § 9-1601 of this article.
Md. Code, Business Regulation § 4-201 — MD Code / Article gbr / Title 4 / Subtitle 2 / Section 4-201
§4–201.
Status: in_force

There is a State Athletic Commission in the Department.
Md. Code, Natural Resources § 4-11A-02 — MD Code / Article gnr / Title 4 / Subtitle 11A / Section 4-11A-02
§4–11A–02.
Status: in_force

(a) (1) The Department shall promulgate by regulation requirements that are necessary to ensure that aquaculture operations do not adversely impact wild stocks of fish, including measures for identifying fish as products of an aquaculture operation. In developing these regulations, the Department shall consult with the Aquaculture Coordinating Council, established by § 4–11A–03.2 of this subtitle, and incorporate in the regulations public notice provisions in accordance with § 4–11A–09 of this subtitle.

(2) The Department may not issue a permit for the raising of nonnative species, including hybrids of striped bass, or nonnative stocks unless:

(i) The permit limits the aquaculture operation to nontidal ponds, lakes, or impoundments; and

(ii) The aquaculture operation is constructed in a manner that assures that nonnative stocks are precluded from entering the tidal waters or contaminating the native species of the State.

(b) A person may not engage in aquaculture unless the person has obtained a permit from the Department. The permit shall be conditioned upon the person complying with the regulations promulgated under subsection (a) of this section.

(c) A permittee under this section shall allow the Department to inspect at reasonable hours any facilities, equipment, or fish involved in the permittee’s aquaculture operations.

(d) Except as otherwise provided by law or by regulations adopted by the Department, all provisions of this title and regulations adopted under this title applicable to the taking, possession, sale, and transport of finfish do not apply to finfish that are in or from aquaculture operations in nontidal ponds, lakes, or impoundments.
Md. Code, General Provisions § 4-353 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-353
§4–353.
Status: in_force

(a) A custodian may deny inspection of any part of a public record that contains:

(1) stevedoring or terminal services or facility use rates or proposed rates generated, received, or negotiated by the Maryland Port Administration or any private operating company created by the Maryland Port Administration;

(2) a proposal generated, received, or negotiated by the Maryland Port Administration or any private operating company created by the Maryland Port Administration for use of stevedoring or terminal services or facilities to increase waterborne commerce through the ports of the State; or

(3) except as provided in subsection (b) of this section, research or analysis related to maritime businesses or vessels compiled for the Maryland Port Administration or any private operating company created by the Maryland Port Administration to evaluate its competitive position with respect to other ports.

(b) (1) A custodian may not deny inspection of any part of a public record under subsection (a)(3) of this section by the exclusive representative identified in Section 1 of the memorandum of understanding, or any identical section of a successor memorandum, between the State and the American Federation of State, County and Municipal Employees dated June 28, 2000, or the memorandum of understanding, or any identical section of a successor memorandum, between the State and the Maryland Professional Employees Council dated August 18, 2000, if the part of the public record:

(i) is related to State employees; and

(ii) would otherwise be available to the exclusive representative under Article 4, Section 12 of the applicable memorandum of understanding, or any identical section of a successor memorandum of understanding.

(2) Before the inspection of any part of a public record under paragraph (1) of this subsection, the exclusive representative shall enter into a nondisclosure agreement with the Maryland Port Administration to ensure the confidentiality of the information provided.
Md. Code, Natural Resources § 4-1107 — MD Code / Article gnr / Title 4 / Subtitle 11 / Section 4-1107
§4–1107.
Status: in_force

The Department may cooperate with any county or political subdivision providing funds to purchase and plant shells and transplant seed oysters. The appropriate governing body of any county or political subdivision that expends funds for this purpose may designate the planting areas for the purchased shells.
Md. Code, Local Government § 4-413 — MD Code / Article glg / Title 4 / Subtitle 4 / Section 4-413
§4–413.
Status: in_force

If fewer than 20 residents in an area to be annexed are eligible to sign a petition for annexation and vote in a referendum under this subtitle, any person, including the two or more joint owners of jointly owned property, who owns real property in the area to be annexed may sign the petition and vote in the referendum.
Md. Code, Natural Resources § 4-1005 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1005
§4–1005.
Status: in_force

(a) Subject to restrictions promulgated pursuant to this subtitle, a person may catch oysters or clams in the waters of the State only by hand, rakes, tongs, patent tongs, diving apparatus, dredges, handscrapes, cultch material suspended on strings, in trays, in bags, or similar devices. Soft-shell clams may be caught by hydraulic or mechanical dredges or rigs.

(b) The Department may make uniform the size and weight of patent tongs in waters where patent tongs are permitted. However, any person using any size or weight patent tongs on June 1, 1964, may continue to use them.

(c) A person may catch oyster spat in the waters of the State by suspended means such as cultch material on strings, trays, bags, or similar devices, which do not touch the bottom and do not interfere with navigation.
Md. Code, Environment § 4-603 — MD Code / Article gen / Title 4 / Subtitle 6 / Section 4-603
§4–603.
Status: in_force

The Board of Public Works, upon the recommendation of the Secretary, may award a loan to an owner of an underground storage tank to cover the following costs:

(1) Tank upgrade or replacement costs necessary to meet the technical requirements of regulations adopted by the Environmental Protection Agency for underground storage tanks;

(2) Costs of site assessment after the upgrade or replacement is completed to determine eligibility for insurance, not to exceed $3,000; and

(3) Costs of any additional apparatus necessary to bring the underground storage tank system into compliance with other State and federal requirements.
Md. Code, Transportation § 4-404 — MD Code / Article gtr / Title 4 / Subtitle 4 / Section 4-404
§4–404.
Status: in_force

(a) The Authority shall construct any gasoline service facilities that it finds to be needed on the John F. Kennedy Memorial Highway.

(b) The Authority may require a gasoline service facility located on the John F. Kennedy Memorial Highway to sell a blend of fuel that is at least 5% biodiesel fuel or other biofuel approved by the U.S. Environmental Protection Agency as a fuel or fuel additive or approved under the EPA Renewable Fuels Standard 2 Program.

(c) The Authority shall regulate the prices of fuel products sold on the highway to the extent necessary to achieve reasonable costs to patrons.

(d) The lessee of any service station established under this section shall accept in payment for products sold and services rendered those credit cards that the Authority directs.
Md. Code, Health Occupations § 4-310 — MD Code / Article gho / Title 4 / Subtitle 3 / Section 4-310
§4–310.
Status: in_force

(a) (1) The Board shall place the holder of a general license to practice dentistry or a general license to practice dental hygiene on inactive status and issue an inactive status registration certificate to the licensee, if the licensee:

(i) Submits to the Board an application for inactive status on the form required by the Board; and

(ii) Pays to the Board the inactive status application fee set by the Board.

(2) A licensee on inactive status may not practice dentistry or dental hygiene in this State.

(b) The form provided by the Board for inactive status application or renewal shall require the individual to state:

(1) Name;

(2) Inactive status registration number, if any;

(3) Degree;

(4) School that awarded the degree;

(5) Year of graduation;

(6) Home address;

(7) Principal office address;

(8) Principal office telephone number; and

(9) Whether or not the individual is in regular practice outside this State.

(c) The Board shall waive the examination requirements of §§ 4-302 and 4-305 of this subtitle for:

(1) A dentist on inactive status who applies for a general license to practice dentistry, if the dentist has practiced dentistry regularly in any other state within 3 years of applying for the license; or

(2) A dental hygienist on inactive status who applies for a general license to practice dental hygiene, if the dental hygienist has practiced dental hygiene regularly in any other state within 3 years of applying for the license.
Md. Code, Education § 4-136 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-136
§4–136.
Status: in_force

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

(2) “Fluency” means reading accuracy and rate.

(3) “Phonemic awareness” means the ability to distinguish, segment, blend, and manipulate phonemes in words.

(4) “Phonics” means the study of letters and letter combinations and the relationship between the sounds that they represent.

(5) “Phonological awareness” means a child’s ability to recognize and manipulate parts of oral language including syllables, onset–rime, and phonemes.

(6) “Screening” means a brief, valid, and reliable measurement procedure used to identify or predict whether a student may be at risk for poor learning outcomes.

(7) “Student” means a student who does not have a current individualized education program or an individualized family service plan with reading goals and:

(i) Is in kindergarten;

(ii) Is in first grade and was not screened by the school in kindergarten or demonstrated difficulty mastering grade–level reading in kindergarten; or

(iii) Enters or transfers to a public elementary school from an elementary school, unless a determination is made by the county board that the student has already been screened and does not demonstrate difficulty mastering grade–level reading.

(8) “Supplemental Reading Instruction” means evidence–based, sequential, systematic, explicit, and cumulative instruction or intervention to mastery of foundational reading skills including phonological or phonemic awareness and processing, phonics, and vocabulary to support development of decoding, spelling, fluency, and reading comprehension skills to meet grade level curriculum.

(b) (1) (i) Beginning in the 2020–2021 school year, each county board shall ensure that a student is screened to identify if the student is at risk for reading difficulties.

(ii) The screening required under this section may not be included in the time limitation for assessments set forth in § 7–203(h) of this article.

(2) A screening may be conducted by:

(i) A classroom teacher;

(ii) A school psychologist;

(iii) A special education teacher;

(iv) A speech–language pathologist;

(v) A reading interventionist;

(vi) A designated reading specialist; or

(vii) Any other educator trained in screening instruments and protocols.

(3) On registration of a student at a public school, the county board shall provide to the parent or guardian of the student:

(i) A description of the screening and supplemental instruction process in the county; and

(ii) Any checklists or forms needed to support the screening protocol.

(c) (1) A county board shall select one or more appropriate screening instruments that:

(i) Accurately and reliably identify students at risk for poor learning outcomes;

(ii) Are developmentally appropriate;

(iii) Are economical to administer in time and cost; and

(iv) Use norm–referenced or criterion–based scores.

(2) The screening instrument shall be based on foundational reading skills that include phonological and phonemic awareness and processing.

(d) (1) Students shall be screened according to the schedule established by the county board.

(2) If the screening results indicate that a student is at risk of reading difficulties, the county board shall:

(i) Provide supplemental reading instruction to address the student’s identified areas of need; and

(ii) Provide a notification letter to the parent or guardian of the student that includes:

1. The screening results; and

2. A description of the supplemental reading instruction that will be provided to the student.

(e) Each county board shall provide resources on the county board’s website that include:

(1) Reading screening instruments used in the county; and

(2) A checklist of early warning signs of reading difficulty and dyslexia by age.

(f) (1) On or before October 1 each year, beginning with the 2020–2021 school year, each county board shall report to the Department the following information:

(i) The number of students in the county in each grade level;

(ii) The number of students screened at each grade level;

(iii) The number of students identified through a screening instrument as at risk for reading difficulties in each grade level; and

(iv) The number of students identified as at risk for reading difficulties at each grade level who received supplemental reading instruction.

(2) Data reported under paragraph (1) of this subsection shall be:

(i) Disaggregated and searchable at the county board level; and

(ii) Updated annually and available on the Department’s website.

(g) (1) On or before June 1, 2020, and once every 4 years thereafter, the Department, in consultation with parents, teachers, and other interested stakeholders, shall develop and update resources for use by a county board.

(2) Resources developed under this subsection shall be available on the Department’s website.

(h) (1) The Department shall provide technical support for the county boards to provide training opportunities annually for individuals who conduct screenings under this section and for school administrators.

(2) Training opportunities may include training on:

(i) The administration and interpretation of screenings, informal diagnostic assessments, progress monitoring instruments, and student data;

(ii) Interpreting screenings and assessments for parents;

(iii) Best practices for designing and implementing supplemental reading instruction; and

(iv) The elements, principles, and best practices of supplemental reading instruction.

(i) The Department shall adopt regulations to implement the requirements of this section.
Md. Code, Alcoholic Beverages and Cannabis § 4-804 — MD Code / Article gab / Title 4 / Subtitle 8 / Section 4-804
§4–804.
Status: in_force

(a) The personal representative or special administrator to whom a certificate of permission has been granted may apply to the local licensing board for the transfer of the license for the benefit of the estate of the license holder.

(b) On approval of the application for transfer of the license and payment of the balance of any license fee due until the expiration of the license year, the license is reinstated.
Md. Code, Health Occupations § 4-505 — MD Code / Article gho / Title 4 / Subtitle 5 / Section 4-505
§4–505.
Status: in_force

(a) The Board of Dental Examiners shall:

(1) Define, for the purpose of this section, the terms “dental radiation technologist” and “practice dental radiation technology”;

(2) Adopt rules and regulations concerning qualifications, training, certification, monitoring of, and enforcement requirements for a dental radiation technologist; and

(3) Provide for a requirement to ensure competency in new safety and technological advances.

(b) The qualifications required of applicants for Board certification as a dental radiation technologist shall include requirements established by:

(1) The American Dental Association; or

(2) Any applicable federal standards for training and certification.

(c) After July 1, 1988, an individual must be certified by the Board as a dental radiation technologist before a licensed dentist may employ the individual to practice dental radiation technology.

(d) After July 1, 1988, an individual may not practice dental radiation technology unless certified by the Board.

(e) At least 1 month before a certificate expires, the Board shall send to each certificate holder, by electronic means or first–class mail to the last known electronic or physical address of the certificate holder, a renewal notice that states:

(1) The date on which the current certificate expires;

(2) The date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the certificate expires; and

(3) The amount of the renewal fee.

(f) An individual may be simultaneously certified as a dental radiation technologist under this section and as an expanded function dental assistant.
Md. Code, Public Safety § 4-1303 — MD Code / Article gps / Title 4 / Subtitle 13 / Section 4-1303
§4–1303.
Status: in_force

(a) (1) The Executive Director shall establish procedures for schools and community–based organizations in Baltimore City to apply for grants from the Fund.

(2) A school or a community–based organization that applies for a grant from the Fund shall provide the Executive Director with:

(i) a plan that details how the proposed program will train students in conflict resolution techniques; and

(ii) any information the Executive Director deems necessary.

(b) The Executive Director shall make grants from the Fund to schools and community–based organizations in Baltimore City.

(c) Money disbursed from the Fund shall be used to supplement, and not supplant, any other funding that would otherwise be available to schools and community–based organizations in Baltimore City.
Md. Code, Corporations and Associations § 4A-606 — MD Code / Article gca / Title 4A / Subtitle 6 / Section 4A-606
§4A–606.
Status: in_force

Unless otherwise agreed, a person ceases to be a member of a limited liability company upon the occurrence of any of the following events:

(1) The person withdraws from the limited liability company as authorized by § 4A–605 of this subtitle;

(2) The person is removed as a member in accordance with the operating agreement;

(3) The person:

(i) Makes an assignment for the benefit of creditors;

(ii) Institutes a voluntary proceeding with respect to the person under the federal bankruptcy code;

(iii) Is adjudged bankrupt or insolvent or has entered against the person an order for relief in any bankruptcy or insolvency proceeding;

(iv) Files a petition or answer seeking for that person any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation;

(v) Seeks, consents to, or acquiesces in the appointment of a trustee for, receiver for, or liquidation of the member or of all or any substantial part of the person’s properties; or

(vi) Files an answer or other pleading admitting or failing to contest the material allegations of a petition filed against the person in any proceeding described in this item;

(4) The continuation of any proceeding against the person seeking reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under any statute, law, or regulation, for 120 days after the commencement thereof, or the appointment of a trustee, receiver, or liquidator for the members or all or any substantial part of the person’s properties without the person’s agreement or acquiescence, which appointment is not vacated or stayed for 120 days or, if the appointment is stayed, for 120 days after the expiration of the stay during which period the appointment is not vacated;

(5) In the case of a member who is an individual, the individual’s:

(i) Death; or

(ii) Adjudication by a court of competent jurisdiction as incompetent to manage the individual’s person or property;

(6) In the case of a member who is acting as a member by virtue of being a trustee of a trust, the termination of the trust;

(7) In the case of a member that is a partnership or another limited liability company, the dissolution and commencement of winding up of the partnership or limited liability company;

(8) In the case of a member that is a corporation, the dissolution of the corporation or the revocation of its charter;

(9) In the case of a member that is an estate, the distribution by the fiduciary of the estate’s entire economic interest in the limited liability company; or

(10) On assignment of all of a person’s economic interest in the limited liability company as provided in § 4A–603(d) of this subtitle.
Md. Code, Financial Institutions § 4-508 — MD Code / Article gfi / Title 4 / Subtitle 5 / Section 4-508
§4–508.
Status: in_force

The board of directors of a savings bank may fill any vacancy on the board by electing an individual to serve until the next annual meeting of the members or the stockholders of a subsidiary bank and until a successor is elected and qualifies.
Md. Code, Local Government § 4-309 — MD Code / Article glg / Title 4 / Subtitle 3 / Section 4-309
§4–309.
Status: in_force

The exact text of an amendment to a municipal charter then effective shall be included in any later edition or codification of the charter.
Md. Code, General Provisions § 4-201 — MD Code / Article ggp / Title 4 / Subtitle 2 / Section 4-201
§4–201.
Status: in_force

(a) (1) Except as otherwise provided by law, a custodian shall allow a person or governmental unit to inspect any public record at any reasonable time.

(2) Inspection or copying of a public record may be denied only to the extent provided under this title.

(b) To protect public records and to prevent unnecessary interference with official business, each official custodian shall adopt reasonable rules or regulations that, subject to this title, govern timely production and inspection of a public record.

(c) Each official custodian shall:

(1) designate types of public records of the governmental unit that are to be made available to any applicant immediately on request; and

(2) maintain a current list of the types of public records that have been designated as available to any applicant immediately on request.
Md. Code, State Finance and Procurement § 4-503 — MD Code / Article gsf / Title 4 / Subtitle 5 / Section 4-503
§4–503.
Status: in_force

(a) The Department shall administer all arrangements for moving excess personal property or surplus personal property.

(b) The Department shall decide whether excess personal property or surplus personal property shall be:

(1) moved to a central location; or

(2) disposed of at its present location.
Md. Code, General Provisions § 4-327 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-327
§4–327.
Status: in_force

(a) Except as provided in subsection (b) of this section, a custodian shall deny inspection of criminal records and police records relating to the conviction of a crime that have been shielded under Title 10, Subtitle 3 of the Criminal Procedure Article.

(b) A custodian shall allow inspection of shielded records by a person authorized to access shielded records under § 10–302(b) of the Criminal Procedure Article.
Md. Code, Health - General § 4-207 — MD Code / Article ghg / Title 4 / Subtitle 2 / Section 4-207
§4–207.
Status: in_force

(a) (1) Each certificate of birth, death, or fetal death shall be typed or printed legibly in unfading black ink, or stored on electronic media approved by the Secretary.

(2) The person who is required to complete the record shall attest to its accuracy either by signature or by approved electronic process.

(b) A certificate is not complete or correct if it does not give each item of required information to the extent the information is obtainable.
Md. Code, Family Law § 4-608 — MD Code / Article gfl / Title 4 / Subtitle 6 / Section 4-608
§4–608.
Status: in_force

(a) To the greatest extent possible and appropriate, the staff of the center shall consist of displaced homemakers. Staff positions filled by displaced homemakers shall include supervisory, technical, and administrative positions.

(b) If, with additional training or retraining, a displaced homemaker has the potential to be a member of the staff, the individuals who operate the programs of the center shall provide the displaced homemaker with on-the-job training.
Md. Code, Education § 4-124 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-124
§4–124.
Status: in_force

(a) A county board may adopt regulations requiring the posting of signs designating the areas within 1,000 feet of public and nonpublic elementary and secondary schools as “drug–free school zones”.

(b) The signs shall be designed in order to provide notice of the provisions of § 5–627 of the Criminal Law Article.

(c) In Anne Arundel County, Baltimore City, and Prince George’s County, all new and replacement signs shall include a hotline number to report information concerning suspected illegal drug activity.
Md. Code, Commercial Law § 4A-405 — MD Code / Article gcl / Title 4A / Subtitle 4 / Section 4A-405
§4A–405.
Status: in_force

(a) If the beneficiary’s bank credits an account of the beneficiary of a payment order, payment of the bank’s obligation under § 4A-404(a) of this subtitle occurs when and to the extent: (i) the beneficiary is notified of the right to withdraw the credit; (ii) the bank lawfully applies the credit to a debt of the beneficiary; or (iii) funds with respect to the order are otherwise made available to the beneficiary by the bank.

(b) If the beneficiary’s bank does not credit an account of the beneficiary of a payment order, the time when payment of the bank’s obligation under § 4A-404(a) of this subtitle occurs is governed by principles of law that determine when an obligation is satisfied.

(c) Except as stated in subsections (d) and (e) of this section, if the beneficiary’s bank pays the beneficiary of a payment order under a condition to payment or agreement of the beneficiary giving the bank the right to recover payment from the beneficiary if the bank does not receive payment of the order, the condition to payment or agreement is not enforceable.

(d) A funds-transfer system rule may provide that payments made to beneficiaries of funds transfers made through the system are provisional until receipt of payment by the beneficiary’s bank of the payment order it accepted. A beneficiary’s bank that makes a payment that is provisional under the rule is entitled to refund from the beneficiary if: (i) the rule requires that both the beneficiary and the originator be given notice of the provisional nature of the payment before the funds transfer is initiated; (ii) the beneficiary, the beneficiary’s bank and the originator’s bank agreed to be bound by the rule; and (iii) the beneficiary’s bank did not receive payment of the payment order that it accepted. If the beneficiary is obliged to refund payment to the beneficiary’s bank, acceptance of the payment order by the beneficiary’s bank is nullified and no payment by the originator of the funds transfer to the beneficiary occurs under § 4A-406 of this subtitle.

(e) This subsection applies to a funds transfer that includes a payment order transmitted over a funds-transfer system that: (i) nets obligations multilaterally among participants; and (ii) has in effect a loss-sharing agreement among participants for the purpose of providing funds necessary to complete settlement of the obligations of 1 or more participants that do not meet their settlement obligations. If the beneficiary’s bank in the funds transfer accepts a payment order and the system fails to complete settlement pursuant to its rules with respect to any payment order in the funds transfer: (i) the acceptance by the beneficiary’s bank is nullified and no person has any right or obligation based on the acceptance; (ii) the beneficiary’s bank is entitled to recover payment from the beneficiary; (iii) no payment by the originator to the beneficiary occurs under § 4A-406 of this subtitle; and (iv) subject to § 4A-402(e) of this subtitle, each sender in the funds transfer is excused from its obligation to pay its payment order under § 4A-402(c) of this subtitle because the funds transfer has not been completed.
Md. Code, Corporations and Associations § 4A-203.1 — MD Code / Article gca / Title 4A / Subtitle 2 / Section 4A-203.1
§4A–203.
Status: in_force

§4A–203.1.

Nothing in this title is intended to restrict or limit in any manner the authority and duty of a regulatory body that licenses professionals within this State to license persons who render professional services or to regulate the practice of any profession that is within the jurisdiction of the regulatory body, notwithstanding that the person is a member, employee, or agent of a limited liability company and is rendering the professional services or engaging in the practice of the profession through the limited liability company.
Md. Code, State Finance and Procurement § 4-603 — MD Code / Article gsf / Title 4 / Subtitle 6 / Section 4-603
§4–603.
Status: in_force

The Secretary may establish divisions or offices in the Department to carry out the responsibilities for improvements, grounds, and multiservice centers under the jurisdiction of the Department.
Md. Code, Commercial Law § 4-212 — MD Code / Article gcl / Title 4 / Subtitle 2 / Section 4-212
§4–212.
Status: in_force

(a) Unless otherwise instructed, a collecting bank may present an item not payable by, through, or at a bank by sending to the party to accept or pay a written notice that the bank holds the item for acceptance or payment. The notice must be sent in time to be received on or before the day when presentment is due and the bank must meet any requirement of the party to accept or pay under § 3-501 by the close of the bank’s next banking day after it knows of the requirement.

(b) If presentment is made by notice and payment, acceptance, or request for compliance with a requirement under § 3-501 is not received by the close of business on the day after maturity or, in the case of demand items, by the close of business on the third banking day after notice was sent, the presenting bank may treat the item as dishonored and charge any drawer or indorser by sending it notice of the facts.
Md. Code, Education § 4-126 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-126
§4–126.
Status: in_force

(a) In this section, “alternative financing methods” includes one or more of the following methods:

(1) Sale–leaseback arrangements, in which a county board agrees to transfer title to a property, including improvements, to a private entity that simultaneously agrees to lease the property back to the county board and, on a specified date, transfer title back to the county board;

(2) Lease–leaseback arrangements, in which a county board leases a property to a private entity that improves the property and leases the property, with the improvements, back to the county board;

(3) Public–private partnership agreements, in which a county board contracts with a county revenue authority or a private entity for the acquisition, design, construction, improvement, renovation, expansion, equipping, or financing of a public school, and may include provisions for cooperative use of the school or an adjacent property and generation of revenue to offset the cost of construction or use of the school;

(4) Performance–based contracting, in which a county board enters into an energy performance contract to obtain funding for a project with guaranteed energy savings over a specified time period;

(5) Preference–based arrangements, by which a local governing body gives preference first to business entities located in the county and then to business entities located in other counties in the State for any construction that is not subject to prevailing wage rates under Title 17, Subtitle 2 of the State Finance and Procurement Article;

(6) Design–build arrangements, that permit a county board to contract with a design–build business entity for the combined design and construction of qualified education facilities, including financing mechanisms where the business entity assists the local governing body in obtaining project financing; and

(7) Design–construct–operate–maintain–finance arrangements that permit a county board to contract with a county revenue authority or a private entity for the design, construction, operation, and maintenance of a public school under terms agreed to by the parties.

(b) (1) Except when prohibited by local law, in order to finance or to speed delivery of, transfer risks of, or otherwise enhance the delivery of public school construction, a county board, with the approval of the county governing body in accordance with subsection (d) of this section, may:

(i) Use alternative financing methods;

(ii) Engage in competitive negotiation, rather than competitive bidding, in limited circumstances, including construction management at–risk arrangements and other alternative project delivery arrangements, as provided in regulations adopted by the Interagency Commission on School Construction;

(iii) Accept unsolicited proposals for the development of public schools in limited circumstances, as provided in regulations adopted by the Interagency Commission on School Construction;

(iv) Solicit proposals for the development of public schools;

(v) Lease property from a county revenue authority or a private entity for use as a public school facility; and

(vi) Use quality–based selection, in which selection is based on a combination of qualifications and cost factors, to select developers and builders, as provided in regulations adopted by the Interagency Commission on School Construction.

(2) The alternative financing methods described under paragraph (1)(i) of this subsection may include reserves sufficient to cover operation, facility renewal, maintenance, and energy costs as part of a contract.

(c) Use of alternative financing methods under this section may not be construed to prohibit the allocation of State funds for public school construction to a project under the Public School Construction Program.

(d) A county board may not use alternative financing methods under this section without the approval of the county governing body.

(e) (1) (i) Except as provided in paragraphs (2) and (3) of this subsection, § 2–303(f) and Title 5, Subtitle 3 of this article and the regulations that govern the Public School Construction Program do not apply to projects that use alternative financing methods under this section.

(ii) Nothing in this section may be construed to authorize or require State approval before an alternative financing method may be used by a local school system.

(2) If a project that receives State funding uses alternative financing methods under this section, the project shall be submitted to the Interagency Commission on School Construction for review.

(3) (i) Projects that use alternative financing methods under this section and receive State funding shall comply with the following requirements:

1. Except as provided in subparagraph (ii) of this paragraph, the State and local cost–share established for each county in regulations;

2. Except as provided in subparagraph (ii) of this paragraph, the maximum State construction allocation for each project approved for State funding;

3. Except as provided in subparagraph (ii) of this paragraph, the approval of project funding by the Interagency Commission on School Construction;

4. Smart growth requirements;

5. Minority business enterprise requirements;

6. Prevailing wage requirements;

7. Environmental requirements; and

8. A requirement for a procurement process that includes public notice and results in the most advantageous proposal.

(ii) In Prince George’s County, projects that use alternative financing methods under this section and receive State funding for a yearly availability payment:

1. Do not have to comply with the requirements under subparagraph (i)1 through 3 of this paragraph;

2. Shall comply with the requirements under subparagraph (i)4 through 8 of this paragraph; and

3. If the project receives State funding for a yearly availability payment from the Supplemental Public School Construction Financing Fund under § 10–658 of the Economic Development Article, the project shall comply with a four–party memorandum of understanding entered into and signed by the Prince George’s County Board, Prince George’s County, the Maryland Stadium Authority, and the Interagency Commission on School Construction that:

A. Subject to item G of this item, specifies the roles, rights, terms, and responsibilities of each party with respect to school projects undertaken with a private or public entity using alternative financing methods, including any amounts the parties are required to deposit into the Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of this subtitle;

B. Specifies that § 2–303(f) and Title 5, Subtitle 3 of this article and regulations governing the Public School Construction Program are not applicable to projects using alternative financing methods;

C. Requires the Prince George’s County Board to submit projects to the Interagency Commission on School Construction for review before commencement of the project;

D. Specifies the time frames in which the Interagency Commission on School Construction shall complete its review of projects;

E. Requires the Prince George’s County Board to submit annual reports to Prince George’s County, the Maryland Stadium Authority, and the Interagency Commission on School Construction during the term of the alternative financing method contract with the public or private entity;

F. Specifies the terms under which each party will comply with the provisions of §§ 4–126.1 and 4–126.2 of this subtitle;

G. Specifies the roles of the Interagency Commission on School Construction, including the Interagency Commission’s rights related to:

I. Approval of the Project Agreement;

II. Approval of site–specific educational specifications;

III. Approval of final site selections; and

IV. The role of the governing body of the program; and

H. Specifies that the governance structure for the program is the Prince George’s County Superintendent of Schools, the Prince George’s County Executive, and the Chair of the Prince George’s County Council.
Md. Code, Agriculture § 4-115 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-115
§4–115.
Status: in_force

(a) No person may sell, offer for sale, or donate in intrastate commerce any article, subject to this subtitle, under any false or misleading name, other marking, or labeling or in any container of a misleading form or size. In addition to any other provision of this subsection, established trade names approved by the Secretary are permitted.

(b) If the Secretary believes that any marking, labeling, or size, or form of any container, in use or proposed for use with respect to any article subject to this subtitle, is false or misleading in any particular, he may direct that the use be withheld unless the marking, labeling, or container is modified in a manner as may be prescribed so that it is not false or misleading. If the person using or proposing to use the marking, labeling, or container does not accept the determination of the Secretary, he may request a hearing before the Secretary. The Secretary may withhold use of the marking, labeling, or container pending hearing and final determination by the Secretary. The determination of the Secretary is conclusive unless, within 30 days after receipt of notice of the final determination, the person adversely affected appeals in accordance with the procedures of the Administrative Procedure Act.
Md. Code, Land Use § 4-201 — MD Code / Article glu / Title 4 / Subtitle 2 / Section 4-201
§4–201.
Status: in_force

(a) A legislative body may divide the local jurisdiction into districts and zones of any number, shape, and area that the legislative body considers best suited to carry out the purposes of this division.

(b) (1) Within the districts and zones, the legislative body may regulate the construction, alteration, repair, or use of buildings, structures, or land.

(2) Except as otherwise provided in this division or authorized by law:

(i) zoning regulations shall be uniform for each class or kind of development throughout each district or zone; but

(ii) zoning regulations in one district or zone may differ from those in other districts or zones.
Md. Code, Estates and Trusts § 4-106 — MD Code / Article get / Title 4 / Subtitle 1 / Section 4-106
§4–106.
Status: in_force

If a testator makes a subsequent will intended to revoke a prior will, the destruction or other revocation of the subsequent will does not revive the prior will unless the will is still in existence and is republished with the same formalities as are required for the execution of a will in this subtitle.
Md. Code, Agriculture § 4-312 — MD Code / Article gag / Title 4 / Subtitle 3 / Section 4-312
§4–312.
Status: in_force

This subtitle may be cited as the Maryland Egg Law.
Md. Code, Economic Development § 4-502 — MD Code / Article gec / Title 4 / Subtitle 5 / Section 4-502
§4–502.
Status: in_force

(a) The General Assembly finds that:

(1) many of the residents of the State lack the opportunity to enjoy or participate in and develop a greater appreciation of the arts, including theatrical performances, concerts, opera, dance and ballet performances and recitals, art and art exhibitions, fine examples of architecture, and creative writing;

(2) with increasing leisure time, the practice and enjoyment of the arts are of increasing importance;

(3) many of the residents of the State possess artistic and creative talents that cannot be utilized fully under existing conditions;

(4) the general welfare of the residents of the State will be promoted by recognizing that the arts are a vital part of the culture and heritage of the State and are an important means to expand the scope of the State’s educational program for children and adults;

(5) interest in the arts will provide employment for artists in all fields and encourage residents to participate in the arts;

(6) increased activities in the arts will increase employment in the State by encouraging the production of artistic events in various communities of the State, thus utilizing the talents and services of many residents;

(7) the standards of performance of the arts will improve because of the encouragement of increased resident participation and a demand for higher standards for more residents; and

(8) implementing and exhibiting artistic programs, constructing performance facilities, and increasing tourism from these programs will increase employment and help the economy of the State.

(b) It is the policy of the State to:

(1) strive to create a nurturing climate for the arts in the State and join with private patrons, institutions, and professional organizations concerned with the arts;

(2) promote the role of the arts in the life of the residents of the State; and

(3) ensure that the arts play an ever more significant part in the residents’ welfare and educational experience.

(c) The General Assembly intends that the activities of the State to carry out the policy set forth in subsection (b) of this section:

(1) encourage and assist artistic expression; and

(2) not limit freedom of artistic expression, which is essential for the well-being of the arts.
Md. Code, Housing and Community Development § 4-922 — MD Code / Article ghs / Title 4 / Subtitle 9 / Section 4-922
§4–922.
Status: in_force

(a) In addition to making loans for rehabilitation projects to sponsors, nonprofit sponsors, or families of limited income from the Rental Housing Programs Fund and the Special Loan Programs Fund, the Department may use money from any other authorized source, including federal programs of assistance for rehabilitation, to make:

(1) grants for rehabilitation projects to families of limited income or nonprofit sponsors; and

(2) loans for rehabilitation projects to sponsors, nonprofit sponsors, or families of limited income.

(b) (1) The Department:

(i) shall use federal programs of assistance for rehabilitation to the maximum extent consistent with the purposes of this subtitle; and

(ii) may do all things necessary to qualify for participation in those programs.

(2) The terms and conditions of loans and grants made under this section shall be in accordance with the legislation or other authority by which the money is made available to the Department.
Md. Code, Economic Development § 4-507 — MD Code / Article gec / Title 4 / Subtitle 5 / Section 4-507
§4–507.
Status: in_force

(a) The Council shall meet at least four times a year.

(b) The chair or the Secretary shall call the meetings.
Md. Code, Corporations and Associations § 4A-12A-02 — MD Code / Article gca / Title 4A / Subtitle 12A / Section 4A-12A-02
§4A–12A–02.
Status: in_force

§4A–12A–02. NOT IN EFFECT

** TAKES EFFECT OCTOBER 1, 2026 PER CHAPTERS 198 AND 199 OF 2025 **

(a) The provisions of this subtitle apply to limited worker cooperative associations except to the extent that:

(1) The context of a provision clearly requires otherwise; or

(2) A specific provision of this title provides otherwise.

(b) This subtitle applies only to a limited worker cooperative association.

(c) (1) The existence of this subtitle does not of itself create any implication that a contrary or different rule of law is or would be applicable to a limited liability company that is not a limited worker cooperative association.

(2) This subtitle does not affect any statute or rule of law as it applies to a limited liability company that is not a limited worker cooperative association.

(d) A provision of the articles of organization or cooperative agreement of a limited worker cooperative association may not be inconsistent with any provision of this subtitle.
Md. Code, State Finance and Procurement § 4-903 — MD Code / Article gsf / Title 4 / Subtitle 9 / Section 4-903
§4–903.
Status: in_force

(a) (1) On or before December 31, 2024, producers of eligible materials shall submit environmental product declarations to the Department.

(2) The Department shall analyze environmental product declarations and assess global warming potential for eligible materials used in an eligible project in accordance with this section.

(b) On or before January 1, 2026, the Department shall, in consultation with the Department of Transportation, establish a maximum acceptable global warming potential for each category of eligible materials used in an eligible project in accordance with this section.

(c) The Department shall:

(1) base the maximum acceptable global warming potential on the industry average of global warming potential emissions for that material;

(2) determine the industry average of global warming potential emissions, which may include transportation–related emissions, by consulting nationally or internationally recognized databases of environmental product declarations; and

(3) express the maximum acceptable global warming potential as a number that states the maximum acceptable global warming potential for each category of eligible materials, consistent with criteria in an environmental product declaration.

(d) The Department may:

(1) establish additional subcategories within each category of eligible material with distinct maximum acceptable global warming potential limits;

(2) establish a maximum acceptable global warming potential for each material category in the aggregate; and

(3) consult with any other relevant unit of State government when establishing a maximum acceptable global warming potential for each category of eligible materials used in an eligible project.

(e) (1) Subject to paragraph (2) of this subsection, by January 1, 2029, and every 3 years thereafter, the Department shall review the maximum acceptable global warming potential for each category of eligible materials and may adjust the potential for any category to reflect industry conditions.

(2) The Department may not adjust the global warming potential upward for any category of eligible material.
Md. Code, Education § 4-206 — MD Code / Article ged / Title 4 / Subtitle 2 / Section 4-206
§4–206.
Status: in_force

(a) A county superintendent shall immediately notify the county board in writing of any criminal charges that are punishable by a period of incarceration brought against the county superintendent.

(b) The notification required under subsection (a) of this section shall include a copy of all charging documents served on the county superintendent or the county superintendent’s counsel.

(c) Any county superintendent who violates subsections (a) and (b) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 and revocation of any professional certification issued by the Department.
Md. Code, Criminal Law § 4-209 — MD Code / Article gcr / Title 4 / Subtitle 2 / Section 4-209
§4–209.
Status: in_force

(a) Except as otherwise provided in this section, the State preempts the right of a county, municipal corporation, or special taxing district to regulate the purchase, sale, taxation, transfer, manufacture, repair, ownership, possession, and transportation of:

(1) a handgun, rifle, or shotgun; and

(2) ammunition for and components of a handgun, rifle, or shotgun.

(b) (1) A county, municipal corporation, or special taxing district may regulate the purchase, sale, transfer, ownership, possession, and transportation of the items listed in subsection (a) of this section:

(i) with respect to minors;

(ii) with respect to law enforcement officials of the subdivision; and

(iii) except as provided in paragraph (2) of this subsection, within 100 yards of or in a park, church, school, public building, and other place of public assembly.

(2) A county, municipal corporation, or special taxing district may not prohibit the teaching of or training in firearms safety, or other educational or sporting use of the items listed in subsection (a) of this section.

(3) A county, municipal corporation, or special taxing district may not prohibit the transportation of an item listed in subsection (a) of this section by a person who is carrying a court order requiring the surrender of the item, if:

(i) the handgun, rifle, or shotgun is unloaded;

(ii) the person has notified the law enforcement unit, barracks, or station that the item is being transported in accordance with the court order; and

(iii) the person transports the item directly to the law enforcement unit, barracks, or station.

(c) To the extent that a local law does not create an inconsistency with this section or expand existing regulatory control, a county, municipal corporation, or special taxing district may exercise its existing authority to amend any local law that existed on or before December 31, 1984.

(d) (1) Except as provided in paragraph (2) of this subsection, in accordance with law, a county, municipal corporation, or special taxing district may regulate the discharge of handguns, rifles, and shotguns.

(2) A county, municipal corporation, or special taxing district may not prohibit the discharge of firearms at established ranges.
Md. Code, Housing and Community Development § 4-508 — MD Code / Article ghs / Title 4 / Subtitle 5 / Section 4-508
§4–508.
Status: in_force

(a) In this section, “Fund” means the Strategic Demolition and Smart Growth Impact Fund.

(b) There is a Strategic Demolition and Smart Growth Impact Fund.

(c) The purpose of the Fund is to provide grants and loans to assist in predevelopment activities, including interior and exterior demolition, land assembly, architecture and engineering, site development, and credit enhancement for revitalization projects in designated areas of the State.

(d) The Department shall administer the Fund.

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

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

(f) The Fund consists of:

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

(2) repayments of loans made from the Fund;

(3) interest earnings of the Fund; and

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

(g) (1) The Fund may be used only to provide grants and loans to government agencies and community development organizations for interior and exterior demolition, land assembly, architecture and engineering, site development, and credit enhancement for revitalization projects in an area designated as:

(i) a Sustainable Community; or

(ii) a qualified opportunity zone designated under § 1400Z–1 of the Internal Revenue Code in Allegany County, Garrett County, Somerset County, or Wicomico County.

(2) (i) For fiscal years 2017 through 2019, to be eligible for a grant or loan from the Fund, a government agency or community development organization shall provide evidence of a matching fund that is equal to $1 for every $4 in State funding that the agency or organization is applying for from the Fund.

(ii) The matching fund required under subparagraph (i) of this paragraph may include:

1. money from the federal government, local government, or any other public or private source;

2. real property;

3. in–kind contributions; and

4. funds expended before the date the grant or loan is awarded.

(3) For fiscal year 2020 and each fiscal year thereafter, to be eligible for a grant or loan from the Fund, a government agency or community development organization is not required to provide evidence of a matching fund.

(4) The Department shall award grants and loans from the Fund on a competitive basis.

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

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

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

(j) (1) For fiscal year 2018, the Governor shall include in the annual budget bill or capital budget bill an appropriation of $25,625,000 from general funds or the proceeds from the sale of State general obligation bonds to the Fund, which shall be allocated as follows:

(i) $22,125,000 for projects in Baltimore City; and

(ii) $3,500,000 for projects throughout the State.

(2) For fiscal year 2019, the Governor shall include in the annual budget bill or capital budget bill an appropriation of $28,500,000 from general funds or the proceeds from the sale of State general obligation bonds to the Fund, which shall be allocated as follows:

(i) $25,000,000 for projects in Baltimore City; and

(ii) $3,500,000 for projects throughout the State.
Md. Code, Environment § 4-301 — MD Code / Article gen / Title 4 / Subtitle 3 / Section 4-301
§4–301.
Status: in_force

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

(b) “Patuxent River Watershed” means the land and water area from which all water drains either directly or indirectly to the Patuxent River.

(c) “Severn River Watershed” means the land and water area from which all water drains either directly or indirectly to the Severn River.

(d) “Watershed” means the Patuxent River Watershed and the Severn River Watershed.
Md. Code, Natural Resources § 4-1015.1 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1015.1
§4–1015.
Status: in_force

§4–1015.1.

(a) (1) Notwithstanding any other provision of this subtitle or regulation promulgated thereunder, a person who catches oysters from the waters of this State using any sort of diving apparatus shall cull the oysters on the natural bar from which they were caught, and return to the bar all shells, stones, gravel, and slag. Any oyster whose shell measures less than 3 inches in distance between its longest or widest points, whether or not attached to a marketable oyster, shall be included in the culling and replaced on the bar from which caught. Oyster culling shall be completed before any oyster is thrown or deposited in the hold or bottom of any boat.

(2) After culling and placing in the hold or bottom of a boat, a diver’s possession of oysters may not include a combined total of more than 5 percent of oysters which measure less than 3 inches between its longest or widest points, and cultch consisting of shells, stones, gravel, and slag. In ascertaining this percentage the Department shall select by random sample an amount of oysters from any pile, hold, bin, house, or place as deemed proper and require it to be culled and disposed of, as provided by this section. All small oysters and cultch that adhere to marketable oysters shall be separated, and the marketable oysters shall be excluded from any measurement of small oysters and cultch. However, a person may possess marketable oysters that have undersized oysters or spat less than 1 inch in distance between their longest or widest points attached to them that cannot be separated without destroying the small oyster.

(b) (1) This subsection applies to persons aboard a boat who are using diving apparatus to catch oysters for commercial purposes from the waters of the State.

(2) Not more than two divers may work from a boat at any one time.

(3) Each diver shall have one attendant on the boat.

(4) For each combination of a diver and an attendant, either the diver or the attendant or both shall possess an authorization to catch oysters for commercial purposes.

(5) Subject to paragraph (6) of this subsection and notwithstanding any other provision of this subtitle:

(i) If both the diver and the attendant possess an oyster authorization, the combination may catch up to the equivalent of two times the daily catch limit as set forth in COMAR 08.02.04.06; or

(ii) If only one of the diver or attendant combination possesses an oyster authorization, the combination may catch up to the daily catch limit as set forth in COMAR 08.02.04.06.

(6) Persons on a boat may not catch more than the equivalent of two times the daily catch limit as set forth in COMAR 08.02.04.06.

(7) (i) Any person aboard a boat on which more than the equivalent of two times the daily catch limit as set forth in COMAR 08.02.04.06 have been caught in a day may be charged with a violation of this subsection.

(ii) Any person aboard a boat may be charged with a violation of this subsection for a boat on which:

1. One diver is working from the boat;

2. Only one of the diver and attendant combination possesses an oyster authorization; and

3. More than the daily catch limit as set forth in COMAR 08.02.04.06 has been caught in a day.

(c) The Department shall by rule and regulation set aside certain waters of this State to be used exclusively by hand tongers in catching oysters. Before adopting the regulations in their final form, the Department shall consult each of the local hand tonger committees.
Md. Code, Health - General § 4-309 — MD Code / Article ghg / Title 4 / Subtitle 3 / Section 4-309
§4–309.
Status: in_force

(a) If a health care provider knowingly refuses to disclose a medical record within a reasonable time but no more than 21 working days after the date a person in interest requests the disclosure, the health care provider is liable for actual damages.

(b) A health care provider may not refuse to disclose a medical record on the request of a person in interest because of the failure of the person in interest to pay for health care rendered by the health care provider.

(c) A health care provider or any other person is in violation of this subtitle if the health care provider or any other person:

(1) Requests or obtains a medical record under false pretenses or through deception; or

(2) Discloses a medical record in violation of this subtitle.

(d) Except as otherwise provided in subsection (e) of this section, a health care provider or any other person, including an officer or employee of a governmental unit, who knowingly and willfully violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for the first offense and not exceeding $5,000 for each subsequent conviction for a violation of any provision of this subtitle.

(e) (1) A health care provider or any other person, including an officer or employee of a governmental unit, who knowingly and willfully requests or obtains a medical record under false pretenses or through deception or knowingly and willfully discloses a medical record in violation of this subtitle is guilty of a misdemeanor and on conviction is subject to the following penalties:

(i) A fine not exceeding $50,000, imprisonment for not more than 1 year, or both;

(ii) If the offense is committed under false pretenses, a fine not exceeding $100,000, imprisonment for not more than 5 years, or both; and

(iii) If the offense is committed with intent to sell, transfer, or use individually identifiable health information for commercial advantage, personal gain, or malicious harm, a fine not exceeding $250,000, imprisonment for not more than 10 years, or both.

(2) This subsection does not apply to an officer or employee of a governmental unit that is conducting a criminal investigation.

(f) A health care provider or any other person who knowingly violates any provision of this subtitle is liable for actual damages.
Md. Code, Corporations and Associations § 4A-910 — MD Code / Article gca / Title 4A / Subtitle 9 / Section 4A-910
§4A–910.
Status: in_force

A limited liability company shall file articles of cancellation for record with the Department:

(1) If there are known creditors of the limited liability company, after 19 days following the sending of notice under § 4A-909(5) of this subtitle; or

(2) If there are no known creditors, at any time.
Md. Code, Labor and Employment § 4-317 — MD Code / Article gle / Title 4 / Subtitle 3 / Section 4-317
§4–317.
Status: in_force

(a) A court may not grant injunctive relief in a case that involves or grows out of a labor dispute until the court makes and files, in the record of the case, findings of fact.

(b) Injunctive relief in a case that involves or grows out of a labor dispute shall prohibit an act only if:

(1) the complaint in the labor case expressly complains of the specific act; and

(2) the findings of fact expressly include the specific act.

(c) Injunctive relief in a case that involves or grows out of a labor dispute is binding only on a person:

(1) who receives, by personal service or otherwise, actual notice of the injunctive relief; and

(2) who is:

(i) a party to the case;

(ii) an agent or employee of a party or lawyer who represents a party; or

(iii) a person in active concert and participation with a party.
Md. Code, Business Regulation § 4-206 — MD Code / Article gbr / Title 4 / Subtitle 2 / Section 4-206
§4–206.
Status: in_force

The Commission shall pay all money that it collects into the General Fund of the State.
Md. Code, Insurance § 4-204 — MD Code / Article gin / Title 4 / Subtitle 2 / Section 4-204
§4–204.
Status: in_force

(a) (1) A person may not accept for publication or printing in a newspaper, magazine, or other periodical, or for broadcast on radio or television in the State, an advertisement or other notice that directly or indirectly solicits business for or sets forth the advantages of doing business with an insurer, insurance producer, or other person, unless the person that will publish or broadcast the advertisement or notice has a certificate issued by the Commissioner stating that the insurer, insurance producer, or other person named in the certificate is authorized to transact insurance business in the State.

(2) On application of any person, the Commissioner shall issue the certificate without charge.

(b) A person may not publish or print in a newspaper, magazine, periodical, circular letter, pamphlet, or in any other manner, or broadcast by radio or television in the State, an advertisement or other notice that directly or indirectly solicits business for or sets forth the advantages of doing business with an insurer, insurance producer, or other person that is not authorized to transact insurance business in the State.

(c) A manufacturer, jobber, wholesaler, or retailer may not distribute or cause to be distributed matchbooks or other advertising matter, except newspapers and magazines of general circulation, that directly or indirectly solicits business for or sets forth the advantages of doing business with an insurer, insurance producer, or other person that is not authorized to transact insurance business in the State.
Md. Code, Environment § 4-705 — MD Code / Article gen / Title 4 / Subtitle 7 / Section 4-705
§4–705.
Status: in_force

(a) The owner or operator of an underground oil storage tank eligible under § 4–704(b)(1)(ii) of this subtitle may apply to the Fund for reimbursement, until December 31, 2007, for usual, customary, and reasonable costs incurred on or after October 1, 2000 in performing site rehabilitation.

(b) (1) Until June 30, 2021, the owner of a heating oil tank eligible under § 4–704(b)(1)(iii) of this subtitle may apply to the Fund for reimbursement no later than 6 months after the completion of rehabilitation for usual, customary, and reasonable costs incurred on or after October 1, 2000 in performing site rehabilitation.

(2) Until June 30, 2024, the residential owner of a heating oil tank eligible under § 4–704(b)(1)(iii) of this subtitle may apply to the Fund for reimbursement not later than 6 months after the completion of rehabilitation for usual, customary, and reasonable costs incurred on or after October 1, 2000, in performing the site rehabilitation.

(c) (1) Any reimbursement from the Fund for applications approved on or after July 1, 1996 is subject to:

(i) For owners or operators of six tanks or fewer, a deductible of $7,500;

(ii) For owners or operators of more than 6 but not more than 15 tanks, a deductible of $10,000;

(iii) For owners or operators of more than 15 but not more than 30 tanks, a deductible of $15,000;

(iv) For owners or operators of more than 30 tanks, a deductible of $20,000; and

(v) For residential owners of heating oil tanks, a deductible of $500; and

(2) The maximum amount to be reimbursed from the Fund shall be:

(i) $125,000 for underground oil storage tanks per occurrence; and

(ii) $20,000 for heating oil tanks per occurrence.

(d) To be eligible for reimbursement from the Fund, an owner or operator shall:

(1) Certify that the discharge is not the result of a willful or deliberate act;

(2) Submit a corrective action plan, schedule, and cost estimate to the Department that shall include provisions for the environmentally sound treatment or disposal of contaminated soils that meet all federal and State requirements and standards; and

(3) Except for heating oil tanks, certify that the discharge is from a tank registered under § 4–411.1 of this title.

(e) If the owner or operator knowingly submits a false certification under subsection (d) of this section, that owner or operator is not eligible for reimbursement under this subtitle.

(f) Only expenses that are cost–effective, reasonable, and consistent with a corrective action plan approved by the Department may be eligible for reimbursement from the Fund.

(g) The cost for replacement or retrofitting of underground oil storage tanks or heating oil tanks and associated piping is not eligible for reimbursement, and the Department may not incur these costs or expend moneys from the Fund for these purposes.