Md. Code, Corporations and Associations § 3-202 — MD Code / Article gca / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: reserved

(a) Except as provided in subsection (c) of this section, a stockholder of a Maryland corporation has the right to demand and receive payment of the fair value of the stockholder’s stock from the successor if:

(1) The corporation consolidates or merges with another corporation;

(2) The stockholder’s stock is to be acquired in a share exchange;

(3) The corporation transfers its assets in a manner requiring action under § 3–105(e) of this title;

(4) The corporation amends its charter in a way which alters the contract rights, as expressly set forth in the charter, of any outstanding stock and substantially adversely affects the stockholder’s rights, unless the right to do so is reserved by the charter of the corporation;

(5) The transaction is governed by § 3–602 of this title or exempted by § 3–603(b) of this title; or

(6) The corporation is converted in accordance with § 3–901 of this title.

(b) (1) Fair value is determined as of the close of business:

(i) With respect to a merger under § 3–106 or § 3–106.1 of this title, on the day notice is given or waived under § 3–106 or § 3–106.1 of this title; or

(ii) With respect to any other transaction, on the day the stockholders voted on the transaction objected to.

(2) Except as provided in paragraph (3) of this subsection, fair value may not include any appreciation or depreciation which directly or indirectly results from the transaction objected to or from its proposal.

(3) In any transaction governed by § 3–602 of this title or exempted by § 3–603(b) of this title, fair value shall be value determined in accordance with the requirements of § 3–603(b) of this title.

(c) Unless the transaction is governed by § 3–602 of this title or is exempted by § 3–603(b) of this title, a stockholder may not demand the fair value of the stockholder’s stock and is bound by the terms of the transaction if:

(1) Except as provided in subsection (d) of this section, any shares of the class or series of the stock are listed on a national securities exchange:

(i) With respect to a merger under § 3–106 or § 3–106.1 of this title, on the date notice is given or waived under § 3–106 or § 3–106.1 of this title; or

(ii) With respect to any other transaction, on the record date for determining stockholders entitled to vote on the transaction objected to;

(2) The stock is that of the successor in a merger, unless:

(i) The merger alters the contract rights of the stock as expressly set forth in the charter, and the charter does not reserve the right to do so; or

(ii) The stock is to be changed or converted in whole or in part in the merger into something other than either stock in the successor or cash, scrip, or other rights or interests arising out of provisions for the treatment of fractional shares of stock in the successor;

(3) The stock is not entitled, other than solely because of § 3–106 or § 3–106.1 of this title, to be voted on the transaction or the stockholder did not own the shares of stock on the record date for determining stockholders entitled to vote on the transaction;

(4) The charter provides that the holders of the stock are not entitled to exercise the rights of an objecting stockholder under this subtitle; or

(5) The stock is that of an open–end investment company registered with the Securities and Exchange Commission under the Investment Company Act of 1940 and the value placed on the stock in the transaction is its net asset value.

(d) With respect to a merger, consolidation, or share exchange, a stockholder of a Maryland corporation who otherwise would be bound by the terms of the transaction under subsection (c)(1) of this section may demand the fair value of the stockholder’s stock if:

(1) In the transaction, stock of the corporation is required to be converted into or exchanged for anything of value except:

(i) Stock of the corporation surviving or resulting from the merger, consolidation, or share exchange, stock of any other corporation, or depositary receipts for any stock described in this item;

(ii) Cash in lieu of fractional shares of stock or fractional depositary receipts described in item (i) of this item; or

(iii) Any combination of the stock, depositary receipts, and cash in lieu of fractional shares or fractional depositary receipts described in items (i) and (ii) of this item;

(2) The directors and executive officers of the corporation were the beneficial owners, in the aggregate, of 5 percent or more of the outstanding voting stock of the corporation at any time within the 1–year period ending on:

(i) The day the stockholders voted on the transaction objected to; or

(ii) With respect to a merger under § 3–106 or § 3–106.1 of this title, the effective date of the merger; and

(3) Unless the stock is held in accordance with a compensatory plan or arrangement approved by the board of directors of the corporation and the treatment of the stock in the transaction is approved by the board of directors of the corporation, any stock held by persons described in item (2) of this subsection, as part of or in connection with the transaction and within the 1–year period described in item (2) of this subsection, will be or was converted into or exchanged for stock of a person, or an affiliate of a person, who is a party to the transaction on terms that are not available to all holders of stock of the same class or series.

(e) If directors or executive officers of the corporation are beneficial owners of stock in accordance with § 3–201(d)(2)(i) of this subtitle, the stock is considered outstanding for purposes of determining beneficial ownership by a person under subsection (d)(2) of this section.
Md. Code, State Personnel and Pensions § 3-603 — MD Code / Article gsp / Title 3 / Subtitle 6 / Section 3-603
§3–603.
Status: in_force

(a) A memorandum of understanding agreed to and ratified under § 3–601 of this subtitle may not expire until it is succeeded by a memorandum of understanding that is agreed to and ratified or adopted by arbitration under this title.

(b) Notwithstanding § 3–601(b) of this subtitle, all terms of a memorandum of understanding shall continue in force and effect without change until a successor memorandum of understanding is agreed to and ratified.

(c) (1) Based on a verified complaint by an exclusive representative, the exclusive representative may file an action in a circuit court against the State, the Maryland Environmental Service, a system institution, Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College to enforce the terms of this section.

(2) On receipt of an action submitted by the exclusive representative, the court shall issue a status quo order without a finding of irreparable harm to maintain a memorandum of understanding and the terms in effect pending a final order in the action.
Md. Code, Transportation § 3-504 — MD Code / Article gtr / Title 3 / Subtitle 5 / Section 3-504
§3–504.
Status: in_force

(a) A resolution authorizing the issuance of bonds under this subtitle shall determine and specify:

(1) The date or dates of issue;

(2) The date or dates and amount or amounts of maturities, which need not be in equal principal amounts or consecutive annual installments, but a bond may not be issued to mature later than 30 years after the date of its issue;

(3) The rate or rates of interest payable on the bonds, or the manner of determining the rate or rates of interest, and the date or dates of payment of interest;

(4) The tenor, form or forms, denomination or denominations, manner of execution, and place or places of payment of the principal of and interest on the bonds, which may be by any bank or trust company within or without this State;

(5) Whether the bonds are to be issued in coupon, registered or book entry form and whether provision is to be made for the registration of the principal only of coupon bonds, for the reconversion of fully registered bonds into coupon form, and for the replacement of bonds that are mutilated, lost, or destroyed;

(6) Whether the bonds are to be sold at public or private sale, as determined by the Secretary;

(7) If the bonds are to be sold at public sale, the form of notice of sale, which shall outline the terms and conditions of the sale, and the form of advertisement of a summary notice of sale, which shall be published at least once in an appropriate newspaper of general circulation as determined by the Secretary;

(8) Whether all or any part of the bonds are redeemable before maturity and, if so, the terms, conditions, and prices of redemption; and

(9) Any other matter relating to the form, terms, conditions, issuance, sale, and delivery of the bonds.

(b) (1) The resolution may provide that the Secretary may postpone the time for receipt of proposals for the bonds without republishing the form of advertisement for the bonds.

(2) (i) The Secretary shall provide notice of the new date and time of sale not less than 24 hours prior to the time proposals are to be submitted, which date may not be more than 30 days after the originally scheduled date of sale.

(ii) The notice may be given by Munifacts News Service or a similar service or such other method as the Secretary deems appropriate.

(c) (1) Bonds shall be executed by the manual or facsimile signature of the Secretary.

(2) Other signatures on the bonds may be either manual or facsimile.

(d) If an individual whose manual or facsimile signature appears on any bond or coupon ceases to serve in an authorized capacity before the delivery of the bond, the signature nevertheless is as valid and sufficient for all purposes as if the individual had remained in that capacity until delivery of the bond.
Md. Code, Courts and Judicial Proceedings § 3-2B-07 — MD Code / Article gcj / Title 3 / Subtitle 2B / Section 3-2B-07
§3–2B–07.
Status: in_force

(a) In an international commercial arbitration proceeding in this State, a court of this State may not intervene unless otherwise permitted by this subtitle and the statutes and laws incorporated by this subtitle.

(b) Notwithstanding any other provision of law, the court shall make any determination provided for in this subtitle without a jury.
Md. Code, Public Safety § 3-214 — MD Code / Article gps / Title 3 / Subtitle 2 / Section 3-214
§3–214.
Status: in_force

(a) If the certification of a police officer is revoked, the police officer may not apply for recertification until 2 years after the effective date of the revocation order.

(b) The Commission may recertify an individual as a police officer after the certification of the police officer is revoked.
Md. Code, State Finance and Procurement § 3-204 — MD Code / Article gsf / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

(a) The Secretary is responsible for the budget of the Department.

(b) The Secretary may adopt regulations for the Department and its units.

(c) The Secretary may create any citizens’ advisory body that the Secretary considers necessary for the operation of the Department.

(d) The Secretary shall have a seal.

(e) (1) The Secretary is responsible for the comprehensive planning of programs and services of the Department.

(2) The Secretary shall review the plans of the units in the Department and may approve or disapprove any of the plans.
Md. Code, Education § 3-5A-02 — MD Code / Article ged / Title 3 / Subtitle 5A / Section 3-5A-02
§3–5A–02.
Status: in_force

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

(1) Immorality;

(2) Misconduct in office;

(3) Incompetency;

(4) Willful neglect of duty; or

(5) Failure to attend, without good cause:

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

(ii) Three consecutive scheduled meetings of the board.

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

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

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

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

(d) A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Dorchester County.
Md. Code, State Government § 3-204 — MD Code / Article gsg / Title 3 / Subtitle 2 / Section 3-204
§3–204.
Status: in_force

(a) To inform career civil servants about program goals and new policies and to establish communication with the administration of the incumbent Governor, the Governor–elect may circulate questionnaires or otherwise obtain information from the administration.

(b) The Governor–elect may ask any question that will help to carry out the purpose of this subtitle, including a question that is intended to obtain:

(1) a description of a program;

(2) a recommendation and justification for expansion, limitation, or elimination of a service;

(3) a projection of future developments or needs in a program;

(4) a recommendation for an administrative change;

(5) a comment on anticipated federal developments that might affect a program or the State budget; or

(6) an elaboration of procedural details.

(c) The incumbent Governor shall direct that all official documents, vital information, and procedural manuals are to be made available to the Governor–elect.

(d) The Governor–elect shall consult with the State Ethics Commission to begin the process of establishing a certified blind trust or divesting of private interests in accordance with § 5–501.1 of the General Provisions Article.
Md. Code, Insurance § 3-122 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-122
§3–122.
Status: in_force

(a) Except as otherwise provided in this section, the provisions of the Corporations and Associations Article on the consolidation, merger, and share exchange of stock corporations apply to the consolidations, mergers, and share exchanges of domestic stock insurers and domestic and foreign stock insurers.

(b) The articles of consolidation, merger, or share exchange of stock insurers must be submitted to the Commissioner for examination and approval before the articles may be accepted for record by the Department of Assessments and Taxation.

(c) (1) Before approval of the articles of consolidation or merger, the Commissioner shall examine and review the affairs of the stock insurers involved in the consolidation or merger as the Commissioner finds necessary or desirable.

(2) The Commissioner may hold a hearing on the proposed consolidation or merger after giving the notice that the Commissioner considers appropriate.

(d) The Commissioner shall approve the articles of consolidation or merger by written endorsement on them before they become operative if the Commissioner finds that:

(1) the articles comply with the Code; and

(2) the policyholders in the successor stock insurer are protected through adequate reserves and assets for losses and claims then anticipated.

(e) The successor stock insurer shall bear all expenses in connection with proceedings conducted by the Commissioner under this section.
Md. Code, Human Services § 3-406 — MD Code / Article ghu / Title 3 / Subtitle 4 / Section 3-406
§3–406.
Status: in_force

(a) This section is not a waiver of immunity under the Eleventh Amendment of the Constitution of the United States.

(b) (1) Except as provided in paragraph (2) of this subsection, the State shall pay any judgment awarded against Montgomery County or an employee of Montgomery County that arises out of an action commenced or prosecuted in a court of the United States relating to the administration and implementation of State programs described in this subtitle.

(2) The State may not pay a judgment awarded against an employee of Montgomery County under this section for an act or omission committed:

(i) outside the scope of employment; or

(ii) with malice.
Md. Code, Financial Institutions § 3-310 — MD Code / Article gfi / Title 3 / Subtitle 3 / Section 3-310
§3–310.
Status: in_force

(a) The annual meeting of the stockholders of a commercial bank shall be held at the time and place that the bylaws provide.

(b) (1) In addition to any other required notice, at least one notice of the annual meeting shall be published at least 10 days before the meeting in a newspaper published or circulated in the county where the commercial bank has its principal banking office.

(2) The board of directors need not publish notice of the annual meeting if every stockholder entitled to vote at the meeting executes a written waiver of the notice before the date set for the publication.
Md. Code, Corporations and Associations § 3-106.2 — MD Code / Article gca / Title 3 / Subtitle 1 / Section 3-106.2
§3–106.
Status: in_force

§3–106.2.

(a) In this section, “holding company” means a Maryland corporation:

(1) That, from its formation until consummation of a merger governed by this section, has been at all times a direct or indirect wholly owned subsidiary corporation; and

(2) All of the shares of stock of which are issued in the merger.

(b) Notwithstanding § 3–105 of this subtitle, unless the charter of a parent corporation expressly provides otherwise, a vote of the stockholders of the parent corporation is not necessary to authorize a merger with or into a single direct or indirect wholly owned subsidiary corporation of the parent corporation if:

(1) The parent corporation and the direct or indirect wholly owned subsidiary corporation are the only parties to the merger;

(2) Each share or fraction of a share of the stock of the parent corporation outstanding immediately prior to the effective time of the merger is converted in the merger into a share or equal fraction of a share of the stock of a holding company having the same contract rights as the share of stock of the parent corporation being converted in the merger;

(3) The holding company, the parent corporation, and the direct or indirect wholly owned subsidiary corporation that is the other party to the merger are Maryland corporations;

(4) The charter and bylaws of the holding company immediately following the effective time of the merger are identical to the charter and bylaws of the parent corporation in effect immediately prior to the effective time of the merger, other than:

(i) Provisions, if any, regarding the incorporator or incorporators, the principal office, the resident agent, and the initial board of directors;

(ii) Provisions authorized under § 2–605 of this article; and

(iii) Any amendment to the charter that was necessary to effect a change, exchange, reclassification, subdivision, combination, or cancellation of stock, if the change, exchange, reclassification, subdivision, combination, or cancellation of stock has become effective;

(5) As a result of the merger, the parent corporation or its successor becomes a direct or indirect wholly owned subsidiary corporation of the holding company;

(6) The directors of the parent corporation become or remain the directors of the holding company at the effective time of the merger;

(7) The stockholders of the parent corporation do not recognize gain or loss for federal income tax purposes, as determined by the board of directors of the parent corporation; and

(8) A majority of the entire board of directors of the parent corporation approves the merger.

(c) From and after the effective time of a merger under subsection (b) of this section:

(1) If the parent corporation was formed before October 1, 1995, and its charter did not expressly terminate preemptive rights, and the holding company was formed on or after October 1, 1995, the charter of the holding company shall provide that stockholders of the holding company have preemptive rights, to the extent provided in the charter of the parent corporation immediately prior to the effective time of the merger and subject to § 2–205 of this article, to subscribe to any additional shares of stock or any security convertible into an additional issue of stock;

(2) To the extent a voting trust agreement authorized by § 2–510 of this article, a written agreement authorized by § 2–510.1 of this article, a proxy authorized by § 2–507 of this article, or any other similar agreement or instrument applied to the parent corporation, its stock, or its stockholders immediately prior to the effective time of the merger, the voting trust agreement, written agreement, proxy, or other similar agreement or instrument shall apply to the holding company, its stock, and its stockholders;

(3) To the extent that the restrictions under § 3–602 of this title applied to the parent corporation and the stockholders of the parent corporation immediately prior to the effective time of the merger:

(i) The restrictions shall apply to the holding company and the stockholders of the holding company immediately after the effective time of the merger as though the holding company was the parent company;

(ii) For purposes of § 3–602 of this title, all shares of stock of the holding company acquired in the merger shall be deemed to have been acquired at the time that the shares of stock of the parent corporation converted in the merger were acquired; and

(iii) 1. Any stockholder that immediately prior to the effective time of the merger was not an interested stockholder, as defined in § 3–601 of this title, does not, solely by reason of the merger, become an interested stockholder of the holding company; and

2. Any stockholder that immediately prior to the effective time of the merger was an interested stockholder, as defined in § 3–601 of this title, remains an interested stockholder of the holding company;

(4) To the extent that, immediately prior to the effective time of the merger, any approval by the stockholders of the parent corporation under § 3–702(a) of this title applied to the parent corporation and any control shares of the parent corporation, the approval shall apply to the holding company and any control shares of the holding company immediately after the effective time of the merger as if the holding company were the parent corporation;

(5) To the extent that, immediately prior to the effective time of the merger, the board of directors of the parent corporation had elected by resolution to be subject to or not to be subject to, wholly or partly, any or all provisions of Subtitle 8 of this title, the election shall apply to the holding company immediately after the effective time of the merger as if the holding company were the parent corporation;

(6) Unless the board of directors of the holding company has authorized shares of stock of the holding company to be issued without certificates, or until certificates with the name of the holding company have been issued, the shares of stock of the holding company into which the shares of stock of the parent corporation are converted in the merger may continue to be represented by the stock certificates that previously represented shares of stock of the parent corporation; and

(7) To the extent that a stockholder of the parent corporation immediately prior to the effective time of the merger had standing to institute or maintain derivative litigation on behalf of the parent corporation, the stockholder shall have standing to institute or maintain derivative litigation on behalf of the holding company.
Md. Code, Business Regulation § 3-502 — MD Code / Article gbr / Title 3 / Subtitle 5 / Section 3-502
§3–502.
Status: in_force

If an amusement owner willfully violates this title or an order passed or regulation adopted under this title and a member of the public dies as a result of the violation, the amusement owner is guilty of a misdemeanor and, on conviction, is subject to:

(1) for a first offense, a fine not exceeding $2,500 or imprisonment not exceeding 6 months or both; or

(2) for a subsequent offense, a fine not exceeding $5,000 or imprisonment not exceeding 1 year or both.
Md. Code, Real Property § 3-404 — MD Code / Article grp / Title 3 / Subtitle 4 / Section 3-404
§3–404.
Status: in_force

The fee for filing and indexing each notice of lien or certificate or notice affecting the lien is $3.
Md. Code, Corporations and Associations § 3-802 — MD Code / Article gca / Title 3 / Subtitle 8 / Section 3-802
§3–802.
Status: in_force

(a) Notwithstanding any other provision in this article except subsection (b) of this section, this subtitle applies to each corporation that:

(1) Has a class of equity securities registered under the Securities Exchange Act of 1934; and

(2) Elects to be subject to any or all provisions, in whole or in part, of this subtitle by provision in:

(i) Its charter or bylaws; or

(ii) A resolution of its board of directors.

(b) (1) This subtitle applies only to a corporation that has at least three directors who, at the time of any election to become subject to the provisions of this subtitle:

(i) Are not officers or employees of the corporation;

(ii) Are not acquiring persons;

(iii) Are not directors, officers, affiliates, or associates of an acquiring person; and

(iv) Were not nominated or designated as directors by an acquiring person.

(2) A director does not fail to satisfy paragraph (1) of this subsection because the director:

(i) Owns securities issued by the corporation;

(ii) Is entitled to compensation, retirement, severance, or other benefits as a director of the corporation; or

(iii) Might continue to serve as a director of the corporation or become a director of an acquiring person.

(3) This subtitle does not apply to a corporation to the extent that the corporation elects not to be subject to any provision of this subtitle to which it has previously elected to be subject, if the corporation elects not to be subject to the provision in the same manner in which it elected to become subject to the provision, including the satisfaction of subsection (d)(1) of this section, if applicable.

(c) The charter of a corporation may contain a provision or the board of directors may adopt a resolution that prohibits the corporation from electing to be subject to any or all provisions of this subtitle.

(d) (1) A corporation shall file articles supplementary with the Department if:

(i) The corporation elects to be subject to any or all provisions of this subtitle by resolution of the board of directors or bylaw amendment; or

(ii) The board of directors adopts a resolution in accordance with subsection (c) of this section that prohibits the corporation from electing to be subject to any or all provisions of this subtitle.

(2) The articles supplementary shall describe any provision of this subtitle to which the corporation:

(i) Has elected to become subject; or

(ii) May not elect to become subject in accordance with the resolution of the board.

(3) Stockholder approval is not required for the filing of articles supplementary in accordance with paragraph (1) of this subsection.
Md. Code, Education § 3-804 — MD Code / Article ged / Title 3 / Subtitle 8 / Section 3-804
§3–804.
Status: in_force

(a) The county board shall meet at least once each month.

(b) All actions of the county board shall be taken at a public meeting and a record of the meeting and all actions shall be made public.

(c) This section does not prohibit the county board from meeting and deliberating in executive session provided that all final action is taken at a public meeting.
Md. Code, Education § 3-2A-07 — MD Code / Article ged / Title 3 / Subtitle 2A / Section 3-2A-07
§3–2A–07.
Status: in_force

(a) The president of the county board is entitled to receive $17,000 annually as compensation, the vice president is entitled to receive $16,000 annually as compensation, and, except for the student member, the other board members are entitled to receive $15,000 each annually as compensation.

(b) A student member who completes a full term on the county board shall be granted a scholarship of $15,000 to be applied toward the student’s higher education costs.
Md. Code, Financial Institutions § 3-203.1 — MD Code / Article gfi / Title 3 / Subtitle 2 / Section 3-203.1
§3–203.
Status: in_force

§3–203.1.

(a) In this section, “executive officer” has the meaning stated in 12 C.F.R. § 215.2.

(b) In connection with the filing of articles of incorporation of a commercial bank with the Commissioner, each incorporator, executive officer, and director of a proposed or incorporated commercial bank shall provide fingerprints for use by the Federal Bureau of Investigation and the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services to conduct criminal history records checks.

(c) An individual required by this section to provide fingerprints shall pay any processing or other fee required by the Federal Bureau of Investigation or the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.
Md. Code, Health - General § 3-306.1 — MD Code / Article ghg / Title 3 / Subtitle 3 / Section 3-306.1
§3–306.
Status: in_force

§3–306.1.

(a) This section applies only in Howard County.

(b) The Secretary shall notify the county health officer when the Department receives an application for licensure or certification for a health facility or program that will serve 16 or more individuals.

(c) If the county health officer receives notice under subsection (b) of this section, then the county health officer shall notify the county council.
Md. Code, Agriculture § 3-203 — MD Code / Article gag / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

(a) The Secretary may establish, equip, and supervise a biological laboratory for producing any biological product in the State and for investigating and testing biological methods and products for treating livestock and poultry diseases.

(b) The Secretary may cooperate with the University System of Maryland to prepare, test, use, and distribute biological products.
Md. Code, Labor and Employment § 3-1005 — MD Code / Article gle / Title 3 / Subtitle 10 / Section 3-1005
§3–1005.
Status: in_force

(a) The use of Civil Air Patrol leave under this subtitle may not result in the loss of an employee benefit accrued before the first date of leave.

(b) An employee using leave under Title 13 of the Public Safety Article may not concurrently use leave granted under this subtitle.

(c) This subtitle does not affect the obligation of an employer to comply with a collective bargaining agreement or an employee benefit plan that provides greater leave rights to employees than the rights provided under this subtitle.

(d) The grant of leave under this subtitle may not be diminished by a collective bargaining agreement or an employee benefit plan entered into on or after January 1, 2010.

(e) This subtitle does not affect or diminish the contract rights or seniority status of an employee not entitled to Civil Air Patrol leave.
Md. Code, Natural Resources § 3-912 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-912
§3–912.
Status: in_force

(a) The rates, rentals, fees, and charges of the Authority in connection with each project shall be so fixed, revised, and collected as to provide funds, with other funds available for such purposes, sufficient at all times:

(1) To pay the cost of maintaining, repairing, and operating the project on account of which the Authority shall have issued bonds, including such reserves as the Authority may deem necessary or desirable for such purposes and for replacement and depreciation and necessary extensions;

(2) To pay the principal of and redemption premium (if any) and interest on the bonds as the same shall become due and payable and to create and maintain such reserves as the Authority may deem necessary or desirable for such purposes; and

(3) To fulfill the terms and provisions of any agreements made with the purchasers or holders of any of its bonds or with any person or subdivision.

(b) In cases where the character of the waste from any source is such that it imposes an unreasonable burden upon any project, an additional charge may be made therefor, or the Authority may, if it deems advisable, require that such waste be treated or processed in such manner as shall be specified by the Authority prior to the deposit of such waste at the project. Such rentals and other rates, fees, and charges shall not be subject to supervision or regulation by any department, division, commission, board, bureau, or agency of the State or any political subdivision thereof.

(c) The revenues, or any part thereof (whether derived from the project or projects in connection with which the bonds of any issue shall have been issued or from other projects or sources), designated as security for such bonds by the authorizing resolution or in the trust agreement securing the bonds shall be set aside at such regular intervals as may be provided in such resolution or trust agreement in a special fund which is hereby pledged to, and charged with, the payment of:

(1) The interest upon such bonds as such interest falls due;

(2) The principal of such bonds as it falls due;

(3) The necessary charges of paying agents for paying principal and interest; and

(4) The redemption price or purchase price of bonds retired by call or purchase as provided in such resolution or trust agreement.

Any amounts set aside in such special fund which are not needed to provide for the payment of such items (1), (2), (3), and (4) may be used for any other lawful purpose, to the extent provided in such resolution or trust agreement. Such pledge shall be valid and binding from the time when the pledge is made. Such revenues or other money so pledged and thereafter received by the Authority shall immediately be subject to the lien of such pledge without any physical delivery thereof or further act, and the lien of any such pledge shall be valid and binding as against all parties having any claims of any kind in tort, contract or otherwise against the Authority, irrespective of whether such parties have notice thereof.

Neither the resolution nor any trust agreement by which a pledge is created need be filed or recorded except in the records of the Authority, any public general or public local law to the contrary notwithstanding. The use and disposition of money to the credit of such special fund shall be subject to the provisions of the resolution authorizing the issuance of such bonds or of such trust agreement.

(d) Without in any way limiting or restricting the effect or application thereof, the provisions of this subtitle are intended and shall be construed to authorize the Authority to finance any project or projects or any combination of projects by any combination of issues or series of bonds which shall be secured by the pledge of the net or gross (or combination thereof) revenues from any project or projects or combination of projects, designated by a resolution authorizing the issuance of such bonds or by any trust agreement securing such bonds.

(e) Any net earnings of the Authority (beyond that necessary for the retirement of bonds or to implement the public purposes or programs of the Authority) shall not inure to the benefit of any person, other than the State of Maryland for use to accomplish the purposes of this subtitle.
Md. Code, Criminal Procedure § 3-120.1 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-120.1
§3–120.
Status: in_force

§3–120.1.

(a) In this section, “authorized agent” means an individual who is not counsel for the committed person and who is selected by the committed person to represent the interests of the committed person in all forensic review board matters.

(b) (1) The Health Department shall establish a forensic review board at each facility that has charge of a committed person under this subtitle.

(2) A forensic review board may make recommendations relating to the release or rehabilitation of a committed person under this subtitle.

(c) Each member of a forensic review board shall be a health care provider licensed under the Health Occupations Article.

(d) (1) At least once each year, each forensic review board shall review each committed person’s eligibility for release under § 3–114 of this subtitle.

(2) The forensic review board shall, by a majority vote of the members, determine whether to recommend to the court that a committed person is eligible for discharge or conditional release, with or without proposed conditions.

(3) (i) Each forensic review board shall maintain a written record containing its findings and recommendations.

(ii) The written record shall be included in the medical record of the committed person.

(iii) The findings shall include the reasons for the forensic review board’s recommendation and a plan for overcoming any barriers to release.

(4) When making a recommendation under this section, a forensic review board shall consider a written statement offered by the committed person to the forensic review board.

(5) The forensic review board shall provide notice to a committed person and the counsel of record for the committed person:

(i) at least 10 days before the forensic review board holds a meeting concerning the committed person; and

(ii) within 10 days after the forensic review board issues a recommendation to the court.

(e) (1) Each forensic review board shall have an odd number of members.

(2) Each member of the forensic review board shall have one vote.

(3) (i) A forensic review board may not conduct a review under subsection (d) of this section unless a quorum is present.

(ii) A majority of the members of the forensic review board is a quorum.

(f) (1) A committed person may appoint an authorized agent to attend the portion of a forensic review board meeting concerning the committed person.

(2) An authorized agent may be a social worker or a nonlegal representative employed by the office of the attorney representing the committed person.

(3) An authorized agent may only give and hear arguments.

(4) Counsel for any party may not attend forensic review board meetings.

(g) (1) If the committed person’s treatment team determines that the committed person is eligible for discharge or conditional release before the annual review scheduled under subsection (d) of this section, the treatment team shall notify the forensic review board in writing of the need for a release eligibility review.

(2) Within 30 days after receiving notice under paragraph (1) of this subsection, the forensic review board shall conduct a review in accordance with subsection (d) of this section.

(3) The treatment team shall provide a written statement that includes the clinical reasons underlying the determination that the committed person is eligible for discharge or conditional release.

(4) A copy of the notification made under paragraph (1) of this subsection and the written statement required under paragraph (3) of this subsection shall be included in the medical record of the committed person.

(h) A copy of a document or record produced by a forensic review board under this section shall, on request, be provided to:

(1) the committed person;

(2) counsel for the committed person;

(3) the court;

(4) the State’s Attorney; or

(5) the Health Department.

(i) The committed person’s treatment team shall implement recommendations, if any, from the forensic review board and make arrangements for necessary treatment to rehabilitate the committed person in accordance with § 10–706 of the Health – General Article.

(j) (1) A forensic review board may appoint a representative to testify as to the Health Department’s position at a release hearing.

(2) If a forensic review board takes a position contrary to the position of the committed person’s treatment team, the representative appointed under this subsection may not be a member of the committed person’s treatment team.

(k) The Health Department shall adopt regulations to carry out this section.
Md. Code, Alcoholic Beverages and Cannabis § 3-701 — MD Code / Article gab / Title 3 / Subtitle 7 / Section 3-701
§3–701.
Status: in_force

(a) A license expires on the death of a license holder, subject to Subtitle 8 of this title.

(b) Except as otherwise provided in this subtitle, a license issued by the Executive Director expires on the 10th day after a license holder has vacated or been evicted from the licensed premises.
Md. Code, Financial Institutions § 3-407 — MD Code / Article gfi / Title 3 / Subtitle 4 / Section 3-407
§3–407.
Status: in_force

The board of directors of a commercial bank may fill any vacancy on the board by electing an individual to serve until the next annual meeting of the stockholders and until a successor is elected and qualifies.
Md. Code, Correctional Services § 3-207.1 — MD Code / Article gcs / Title 3 / Subtitle 2 / Section 3-207.1
§3–207.
Status: in_force

§3–207.1.

(a) On or before October 31, 2017, and on or before October 31 in every odd–numbered year thereafter, the Commissioner shall submit a security and staffing report covering the prior 2–year period to the Secretary, the Governor, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(b) The report shall be based on a joint survey conducted by the administration of the Division of Correction and the exclusive collective bargaining representative of the employees.

(c) The report shall include:

(1) a post–by–post analysis that identifies the actual number of positions needed to safely and securely staff each institution;

(2) the amount of overtime currently being used to meet minimum standards;

(3) an accounting of all institution activities that have been impacted by staffing levels;

(4) an assessment of expected future turnover in personnel; and

(5) an analysis of the need for additional staff.
Md. Code, Courts and Judicial Proceedings § 3-2501 — MD Code / Article gcj / Title 3 / Subtitle 25 / Section 3-2501
§3–2501.
Status: in_force

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

(b) (1) “Firearm” has the meaning stated in § 5–101 of the Public Safety Article.

(2) “Firearm” includes an antique firearm as defined in § 4–201 of the Criminal Law Article.

(c) “Firearm industry member” means a person engaged in the sale, manufacture, distribution, importation, or marketing of a firearm–related product.

(d) “Firearm–related product” means a firearm, ammunition, a component or part of a firearm, or a firearm accessory that is:

(1) Sold, manufactured, distributed, or marketed in the State; or

(2) Intended to be sold, manufactured, distributed, or marketed in the State.

(e) “Firearm trafficker” means a person who acquires, transfers, or attempts to acquire or transfer a firearm for the purpose of selling or disposing of the firearm in violation of State or federal law.

(f) “Reasonable controls” means policies that are designed:

(1) To prevent the sale or distribution of a firearm–related product to:

(i) A straw purchaser;

(ii) A firearm trafficker;

(iii) A person prohibited from possessing a firearm under State or federal law; and

(iv) A person who the firearm industry member has reasonable cause to believe intends to use the firearm–related product:

1. To commit a crime; or

2. To cause harm to the person or another person;

(2) To prevent the loss or theft of a firearm–related product from a firearm industry member; and

(3) To ensure that the firearm industry member complies with all provisions of State and federal law and does not otherwise promote the unlawful sale, manufacture, alteration, importation, marketing, possession, or use of a firearm–related product.

(g) “Straw purchaser” means a person who engages or attempts to engage in a straw purchase as defined in § 5–101 of the Public Safety Article.
Md. Code, Public Safety § 3-110 — MD Code / Article gps / Title 3 / Subtitle 1 / Section 3-110
§3–110.
Status: in_force

(a) A police officer may not be discharged, disciplined, demoted, or denied promotion, transfer, or reassignment, or otherwise discriminated against or threatened in regard to the police officer’s employment because the police officer:

(1) disclosed information that evidences:

(i) mismanagement;

(ii) a waste of government resources;

(iii) a danger to public health or safety; or

(iv) a violation of law or policy committed by another police officer; or

(2) lawfully exercised constitutional rights.

(b) A police officer may not be denied the right to bring suit arising out of the police officer’s official duties.

(c) (1) Subject to paragraph (2) of this subsection, a police officer has the same rights to engage in political activity as a State employee.

(2) This right to engage in political activity does not apply when the police officer is on duty or acting in an official capacity.

(d) (1) Subject to paragraph (2) of this subsection, a law enforcement agency may not prohibit secondary employment by police officers.

(2) A law enforcement agency may adopt reasonable regulations that relate to secondary employment by police officers.
Md. Code, Courts and Judicial Proceedings § 3-8A-19.2 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-19.2
§3–8A–19.
Status: in_force

§3–8A–19.2.

(a) In this section, “residence” includes the yard, grounds, outbuildings, and common areas surrounding the residence.

(b) (1) If a peace order request is filed under § 3-8A-19.1(b) of this subtitle, the respondent shall have an opportunity to be heard on the question of whether the court should issue a peace order.

(2) If the court finds by clear and convincing evidence that the respondent has committed, and is likely to commit in the future, an act specified in § 3-8A-19.1(b) of this subtitle against the victim, or if the respondent consents to the entry of a peace order, the court may issue a peace order to protect the victim.

(c) (1) The peace order may include any or all of the following relief:

(i) Order the respondent to refrain from committing or threatening to commit an act specified in § 3-8A-19.1(b) of this subtitle against the victim;

(ii) Order the respondent to refrain from contacting, attempting to contact, or harassing the victim;

(iii) Order the respondent to refrain from entering the residence of the victim;

(iv) Order the respondent to remain away from the place of employment, school, or temporary residence of the victim; and

(v) Direct the respondent or the victim to participate in professionally supervised counseling.

(2) If the court issues an order under this section, the order shall contain only the relief that is minimally necessary to protect the victim.

(3) All relief granted in a peace order shall be effective for the period stated in the order, not to exceed 6 months.

(4) If the court issues an order under this section, the court may impose reasonable court costs against a respondent, or the respondent’s parent, guardian, or custodian.
Md. Code, Corporations and Associations § 3-201 — MD Code / Article gca / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: reserved

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

(b) “Affiliate” has the meaning stated in § 3–601 of this title.

(c) “Associate” has the meaning stated in § 3–601 of this title.

(d) “Beneficial owner”, when used with respect to any voting stock, means a person that:

(1) Individually or with any of its affiliates or associates, beneficially owns voting stock, directly or indirectly;

(2) Individually or with any of its affiliates or associates, has:

(i) The right to acquire voting stock (whether the right is exercisable immediately or within 60 days after the date on which beneficial ownership is determined), in accordance with any agreement, arrangement, or understanding, on the exercise of conversion rights, exchange rights, warrants, or options, or otherwise; or

(ii) Except solely by virtue of a revocable proxy, the right to vote voting stock in accordance with any agreement, arrangement, or understanding; or

(3) Except solely by virtue of a revocable proxy, has any agreement, arrangement, or understanding for the purpose of acquiring, holding, voting, or disposing of voting stock with any other person that beneficially owns, or the affiliates or associates of which beneficially own, directly or indirectly, the voting stock.

(e) “Executive officer” means a corporation’s president, any vice president in charge of a principal business unit, division, or function, such as sales, administration, or finance, any other person who performs a policy making function for the corporation, or any executive officer of a subsidiary of the corporation who performs a policy making function for the corporation.

(f) (1) “Successor”, except when used with respect to a share exchange, includes a corporation which amends its charter in a way which alters the contract rights, as expressly set forth in the charter, of any outstanding stock, unless the right to do so is reserved by the charter of the corporation.

(2) “Successor”, when used with respect to a share exchange, means the corporation the stock of which was acquired in the share exchange.

(g) “Voting stock” has the meaning stated in § 3–601 of this title.
Md. Code, Economic Development § 3-403 — MD Code / Article gec / Title 3 / Subtitle 4 / Section 3-403
§3–403.
Status: in_force

The purpose of the Program is to provide training services to:

(1) improve the competitiveness and productivity of the State’s workforce and business community;

(2) upgrade employee skills, or train new employees, for new technologies or production processes; and

(3) assist employers located in the State in promoting employment stability.
Md. Code, Natural Resources § 3-402 — MD Code / Article gnr / Title 3 / Subtitle 4 / Section 3-402
§3–402.
Status: in_force

The University of Maryland Center for Environmental Science shall be under the supervision, direction, and control of the Board of Regents of the University System of Maryland. Academic rank and faculty status may be assigned to the director and qualified personnel staff members.
Md. Code, Estates and Trusts § 3-406 — MD Code / Article get / Title 3 / Subtitle 4 / Section 3-406
§3–406.
Status: in_force

(a) The right of election of a surviving spouse may be waived before or after marriage by a written contract, agreement, or waiver signed by the party waiving the right of election.

(b) Unless the waiver provides to the contrary, a waiver of “all rights”, or equivalent language, in the property or estate of a present or prospective spouse or a complete property settlement entered into after or in anticipation of separation or divorce is a waiver of all rights of family allowance and elective share by each spouse in the property of the other and the right to letters under § 5–104 of this article, and is an irrevocable renunciation by each spouse of all benefits that would otherwise pass to the spouse from the other by intestate succession, by elective share, or by virtue of a will or revocable trust of the present or prospective spouse executed before the waiver or property settlement.
Md. Code, State Government § 3-205 — MD Code / Article gsg / Title 3 / Subtitle 2 / Section 3-205
§3–205.
Status: in_force

(a) The Secretary of Budget and Management shall provide to a Governor-elect:

(1) the information requested by the Governor-elect that is the basis for the proposed budget to be submitted by the Governor-elect for the next fiscal year; and

(2) after completion of the proposed budget:

(i) a copy of the proposed budget; and

(ii) all facilities that the Governor-elect reasonably needs to become familiar with the proposed budget.

(b) (1) After the Governor-elect reviews the proposed budget, the Governor-elect may prepare proposed additions and other changes.

(2) The Secretary of Budget and Management shall:

(i) on request of the Governor-elect, help prepare the proposed changes;

(ii) have printed as many copies of the proposed changes as the Governor-elect requests;

(iii) on or before the 1st day of the regular session of the General Assembly, compile a summary of the proposed changes; and

(iv) on request of the Governor-elect, distribute the copies of the proposed changes to the appropriate agencies and officials.

(c) Immediately following the meeting of the Board of State Canvassers, the Governor-elect may call upon any unit of the Executive Branch to assist in developing the Governor-elect’s budget for the next ensuing fiscal year.

(d) The initial preparation of the budget shall be at the direction of the incumbent Governor. The preparation of the final budget shall be at the direction of the Governor-elect who shall submit it to the General Assembly as provided by Article III, § 52 of the Maryland Constitution.

(e) The Governor whose term is ending may not submit a proposed budget to the General Assembly.
Md. Code, Courts and Judicial Proceedings § 3-2011 — MD Code / Article gcj / Title 3 / Subtitle 20 / Section 3-2011
§3–2011.
Status: in_force

(a) There is no privilege under § 3–2009 of this subtitle for a collaborative law communication that is:

(1) Available to the public under Title 10, Subtitle 6 of the State Government Article or made during a session of a collaborative law process that is open or is required by law to be open to the public;

(2) A threat or statement of a plan to inflict bodily injury or commit a crime of violence;

(3) Intentionally used to plan a crime, commit or attempt to commit a crime, or conceal an ongoing crime or ongoing criminal activity; or

(4) In an agreement resulting from the collaborative law process, evidenced by a record signed by all parties to the agreement.

(b) The privileges under § 3–2009 of this subtitle for a collaborative law communication do not apply to the extent that a communication is sought or offered to prove or disprove:

(1) A claim or complaint of professional misconduct or malpractice arising from or related to a collaborative law process; or

(2) Abuse, neglect, abandonment, or exploitation of a child or an adult, unless the department of social services for the county in which the child or adult resides is a party to or otherwise participates in the process.

(c) There is no privilege under § 3–2009 of this subtitle if a tribunal finds, after a hearing in camera, that the party seeking discovery or the proponent of the evidence has shown the evidence is not otherwise available, the need for the evidence substantially outweighs the interest in protecting confidentiality, and the collaborative law communication is sought or offered in:

(1) A court proceeding involving a felony or misdemeanor; or

(2) A proceeding seeking rescission or reformation of a contract arising out of the collaborative law process or in which a defense to avoid liability on the contract is asserted.

(d) If a collaborative law communication is subject to an exception under subsection (b) or (c) of this section, only the part of the communication necessary for the application of the exception may be disclosed or admitted.

(e) Disclosure or admission of evidence excepted from the privilege under subsection (b) or (c) of this section does not make the evidence or any other collaborative law communication discoverable or admissible for any other purpose.

(f) (1) The privileges under § 3–2009 of this subtitle do not apply if the parties agree in advance in a signed record or, if a record of a proceeding reflects agreement by the parties, that all or part of a collaborative law process is not privileged.

(2) This subsection does not apply to a collaborative law communication made by a person that did not receive actual notice of the agreement before the communication was made.
Md. Code, Natural Resources § 3-113 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-113
§3–113.
Status: in_force

(a) If any officer whose signature or a facsimile of whose signature appears on any bonds or notes ceases to be the officer before the delivery of the bonds or notes, the signature or facsimile is nevertheless valid and sufficient for all purposes as if he had remained in office until delivery.

(b) Notwithstanding any other provision of this title or any recitals in any bonds and notes issued hereunder, all bonds and notes shall be deemed to be negotiable instruments under the laws of the State.

(c) The bonds may be issued in registered form or in such other form as determined by the Board. Provision may also be made for the replacement of bonds which become mutilated or are lost or destroyed.

(d) The bonds and notes are exempt from the provisions of §§ 8–206 and 8–208 of the State Finance and Procurement Article. The Service may sell its bonds and notes in the manner, either at public or at private sale, and for the price it determines.

(e) The bonds and notes may be issued by the Service without obtaining the consent of any unit of the State government, and without any other proceedings or the happening of any other conditions or things than those specifically required hereunder.
Md. Code, Natural Resources § 3-103.5 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-103.5
§3–103.
Status: in_force

§3–103.5.

(a) On or before December 31, 2021, and each December 31 every 5 years thereafter, the Board shall obtain an assessment of the Board’s operations by an independent consultant or accountant.

(b) The assessment required under subsection (a) of this section shall include an evaluation of:

(1) The structure of the Board, including the Board’s:

(i) Composition;

(ii) Charter, bylaws, and other governing documents and procedures;

(iii) Diversity;

(iv) Subcommittees or workgroups; and

(v) Frequency of meetings;

(2) The dynamics and functioning of the Board, including:

(i) The Board’s annual calendar;

(ii) Access to information;

(iii) Communication with Service personnel;

(iv) Planning; and

(v) Cohesiveness and conduct of Board meetings;

(3) The Board’s role in the Service’s short–term and long–term strategy;

(4) The financial reporting process, internal audit, and internal controls;

(5) The Board’s role in monitoring the Service’s policies, strategies, and systems;

(6) The Board’s role in supporting and advising the Service;

(7) The role of the Chair of the Board; and

(8) Any other issue relevant to the Board’s operations.

(c) The Board shall:

(1) Review each assessment required under this section at a meeting of the Board; and

(2) Make any changes or recommendations that the Board considers appropriate based on the assessment.

(d) (1) The Board shall submit each assessment required under this section to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(2) The Service shall post a copy of each assessment on the Service’s website, including a link to a copy of the most recent assessment on the homepage of the website.
Md. Code, Public Safety § 3-309 — MD Code / Article gps / Title 3 / Subtitle 3 / Section 3-309
§3–309.
Status: in_force

(a) Within 30 days after issuance of a commission and before performing the duties of a special police officer, each special police officer shall take the oath required by Article I, § 9 of the Maryland Constitution before the clerk of the circuit court where the commission is received.

(b) The clerk of the court shall transmit to the Secretary of State a certificate that indicates that the special police officer has taken the oath required by subsection (a) of this section.
Md. Code, Labor and Employment § 3-1002 — MD Code / Article gle / Title 3 / Subtitle 10 / Section 3-1002
§3–1002.
Status: in_force

(a) An employer may not discriminate against or discharge from employment an employee who has been employed for a minimum of 90 days and is a member of the Civil Air Patrol because of membership in the Civil Air Patrol.

(b) An employer may not hinder or prevent an employee who has been employed for a minimum of 90 days from performing service as part of the Maryland Wing of the Civil Air Patrol during an emergency mission if the member is entitled to leave under this subtitle.
Md. Code, Transportation § 3-206 — MD Code / Article gtr / Title 3 / Subtitle 2 / Section 3-206
§3–206.
Status: in_force

The 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.
Md. Code, Environment § 3-503 — MD Code / Article gen / Title 3 / Subtitle 5 / Section 3-503
§3–503.
Status: in_force

A unit shall comply with federal, State, and interstate requirements concerning the control of environmental noise if the unit:

(1) Has jurisdiction over any property or facility; or

(2) Engages in any activity that results, or may result, in the emission of noise.
Md. Code, Courts and Judicial Proceedings § 3-825 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-825
§3–825.
Status: reserved

(a) A court may not commit a child who is subject to this subtitle to, and the child may not be detained at or transferred to, a correctional facility, as defined in § 1-101 of the Correctional Services Article.

(b) A child who is not a delinquent child, as defined in § 3-8A-01 of this title, may not be committed or transferred to a facility used for the confinement of delinquent children.

(c) Unless an individualized treatment plan developed under § 10-706 of the Health - General Article indicates otherwise, a child may not be:

(1) Committed or transferred to any public or private facility or institution unless the child is placed in accommodations that are separate from adults who are confined to that facility or institution; or

(2) Treated in any group with adults.
Md. Code, Education § 3-13A-05 — MD Code / Article ged / Title 3 / Subtitle 13A / Section 3-13A-05
§3–13A–05.
Status: in_force

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

(1) Immorality;

(2) Misconduct in office;

(3) Incompetency;

(4) Willful neglect of duty; or

(5) Failure to attend, without good cause, at least 75% of the scheduled meetings of the county board in any 1 calendar year.

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

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

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

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

(d) A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Wicomico County.
Md. Code, Education § 3-1005 — MD Code / Article ged / Title 3 / Subtitle 10 / Section 3-1005
§3–1005.
Status: in_force

(a) There is a Shared Space Council for Prince George’s County. The purpose of the Council is to consider the alternative use of any vacant public schools and any vacant space that exists in the Prince George’s County public school system.

(b) The Council shall consist of 23 members, appointed as follows:

(1) One member from each legislative district within Prince George’s County, each of whom shall be appointed by the legislative delegation from the district.

(2) One member from each of the following governmental agencies, departments, or institutions:

(i) The staff of the county board of education;

(ii) The staff of the County Executive;

(iii) The staff of the County Council;

(iv) The county Department of Social Services;

(v) The staff of the county Superintendent of Education;

(vi) The Prince George’s County Planning Board;

(vii) The county Department of Aging;

(viii) The county health department;

(ix) The county Office of Coordination of Services to the Handicapped;

(x) The county Juvenile Services Administration;

(xi) The county Memorial Library System; and

(xii) The county Department of Program Planning and Economic Development.

(3) On a rotating basis, one member shall be from the faculty or administration of Bowie State University or Prince George’s Community College. Such member shall be appointed by the president of the university.

(4) The members from governmental agencies, departments, or institutions shall be appointed by the director, chairman, or chief executive officer of the agency, department, or institution.

(5) Two members shall be appointed by the County Executive.

(c) The term of the members appointed pursuant to subsection (b)(2), (3), and (4) shall be 3 years. All other members shall serve for a term of 2 years. Any vacancy on the Council shall be filled in the same manner as the original appointment.

(d) The Council shall meet at least four times each year. It shall, on an annual basis and in conjunction with the county board of education, survey the schools within the county public school system and compile a listing of any vacant public schools and any vacant space that exists within the system. The Council shall evaluate the feasibility of using any vacant public school or vacant space for community or governmental purposes.

(e) The Council shall report the results, findings, and recommendations derived from such survey, listing, and evaluation to the county board of education, the County Executive, the County Council and the mayor of each municipality in the county.
Md. Code, Health Occupations § 3-501 — MD Code / Article gho / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

Except as otherwise provided in § 3–404 of this title, a person may not practice, attempt to practice, or offer to practice chiropractic in this State unless licensed by the Board.
Md. Code, Labor and Employment § 3-507.1 — MD Code / Article gle / Title 3 / Subtitle 5 / Section 3-507.1
§3–507.
Status: in_force

§3–507.1.

(a) On receipt of a complaint for failure to pay wages that do not exceed $5,000, the Commissioner shall:

(1) send a copy of the complaint to the employer alleged to have failed to pay wages; and

(2) require a written response to the complaint within 15 days.

(b) (1) The Commissioner:

(i) shall review the complaint and any response to it; and

(ii) may investigate the claim.

(2) On the basis of the review and any investigation, the Commissioner may:

(i) issue an order to pay wages under subsection (c) of this section if the Commissioner determines that this subtitle has been violated; or

(ii) dismiss the claim.

(c) (1) The Commissioner may issue an order to pay wages that:

(i) describes the alleged violation;

(ii) directs payment of wages to the complainant; and

(iii) if appropriate, orders the payment of interest at the rate of 5% per year accruing from the date the wages are owed.

(2) The Commissioner shall send the order to pay wages to the complainant and to the employer at the employer’s last known business address by both regular mail and certified mail, return receipt requested.

(3) Within 30 days after receipt of the order to pay wages, the employer may request a de novo administrative hearing, which shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.

(4) On receipt of a request for a hearing, the Commissioner shall schedule a hearing.

(5) If a hearing is not requested, the order to pay wages shall become a final order of the Commissioner.

(6) (i) If a petition for review is not filed within 30 days of the issuance of the final order, the Commissioner may proceed in District Court of the county where the employer resides or has a place of business to enforce payment.

(ii) In a proceeding under this subsection, the Commissioner is entitled to judgment in the amount of the order to pay wages and any interest due on a showing that:

1. the order to pay wages and interest, if any, was assessed against the employer;

2. no appeal is pending;

3. the ordered wages and interest, if any, are wholly or partly unpaid; and

4. the employer was duly served with a copy of the order to pay wages and interest, if any, in accordance with this section.
Md. Code, Natural Resources § 3-901 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-901
§3–901.
Status: in_force

This subtitle shall be known as the “Northeast Maryland Waste Disposal Authority Act”.
Md. Code, Labor and Employment § 3-1205 — MD Code / Article gle / Title 3 / Subtitle 12 / Section 3-1205
§3–1205.
Status: reserved

(a) (1) During any period that an eligible employee takes parental leave, an employer shall maintain coverage of a group health plan for the duration of the parental leave and in the same manner that coverage would have been provided if the employee had continued in employment continuously for the duration of the parental leave.

(2) (i) An employer may recover the premium that the employer paid for maintaining coverage for an eligible employee under a group health plan during the period of parental leave if the employee fails to return to employment with the employer after the period of parental leave to which the employee is entitled has expired.

(ii) This paragraph does not apply in the case of an employee who fails to return to work because of other circumstances beyond the control of the employee.

(3) An employer may recover a premium under paragraph (2)(i) of this subsection by deducting the amount of the premium from the wages paid to the employee on the termination of employment under § 3–505 of this title.

(b) If an eligible employee works on a commission basis, an employer shall pay to the eligible employee during any period of parental leave any commission that becomes due because of work the eligible employee performed before taking parental leave.
Md. Code, Natural Resources § 3-122 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-122
§3–122.
Status: in_force

(a) Bonds or notes issued under the provisions of this subtitle shall not be deemed to constitute or create a debt or a pledge of the faith and credit of the State or of any political subdivision. Every bond or note shall contain on its face a statement to the effect that neither the Service, the State, nor any political subdivision thereof is obligated to pay it or the interest thereon except from revenues or other money of the Service available therefor and that neither the faith and credit nor the taxing power of the State or any political subdivision is pledged to the payment of the principal of or the interest on the bonds or notes. However, this subsection does not limit the ability of the State or a political subdivision to set, impose, or collect an assessment, rate, fee, or charge to pay to the Service the cost of a project, including the principal of and interest on a bond or note, under an agreement between the Service and the State or political subdivision.

(b) (1) Notwithstanding any limitations or other provisions to the contrary of Division II, Title 9, Subtitle 2 or Subtitle 3, Title 10, or Title 11 of the Local Government Article, or of any charter or local law regulating the creation of public debts, a municipality may enter into contracts with the Service for the purpose of defraying the Service’s costs of acquiring or providing a solid waste disposal project, wastewater purification project, water supply project, or energy project, which costs may include debt service requirements of the Service relating to that project. These contracts shall not be deemed to constitute or create a debt of the municipality or a pledge of its faith or credit within the meaning of any of these limitations or other provisions. Such a solid waste disposal project, wastewater purification project, water supply project, or energy project may not be deemed to be a capital project of the municipality within the meaning of any of these limitations or other provisions, and a resolution, ordinance, or other official action authorizing such contracts is not subject to referendum or other procedure not applicable to all ordinances or resolutions enacted by the municipality. For the purposes of this subsection, the express powers contained and enumerated in Division II and Title 10 of the Local Government Article and in the Charter of the City of Baltimore are deemed to incorporate and include the power and authority contained in this subsection.

(2) (i) A county or municipal corporation may limit its obligations under contracts with the Service to a specific source of funds including revenues of its publicly operated or publicly contracted solid waste collection or disposal system.

(ii) The governing body of a county or municipal corporation may, by ordinance or resolution, impose reasonable rates and charges for publicly operated or publicly contracted solid waste collection, treatment, or disposal sufficient to defray expenses of its publicly operated or publicly contracted solid waste collection, treatment, or disposal system, including amounts due under a contract with the Service and the funding of reserves.

(iii) The ordinance or resolution may establish a reasonable basis for setting the rates and charges, and a schedule of rates and charges, and may designate solid waste collection, treatment, or disposal service areas within the county or municipal corporation, provided the county or municipal corporation is operating its own collection, treatment, or disposal service or has contracted out those services.

(iv) The ordinance or resolution may provide that the rates and charges are chargeable against all or part of the occupied lots or parcels of land in the county or municipal corporation or in service areas established by the county or municipal corporation and constitute a first lien on such property and may establish reasonable times and methods for collection of the rates or charges, which may be levied and collected and have the same priority and rights and bear the same interest and penalties and in every respect be treated the same as taxes of the county or municipal corporation.

(v) The county or municipal corporation may modify the amount of the rates and charges by a resolution of its governing body or by other action authorized by the ordinance or resolution imposing the rates and charges.

(vi) Before setting or modifying the rates and charges, the county or municipal corporation shall give notice of the proposed rates or charges in at least one newspaper of general circulation in the county or municipal corporation and hold a public hearing on the necessity or advisability of the proposed rates or charges.

(vii) The county or municipal corporation may enter into a rate covenant with the Service specifying the level of these rates and charges, the covenants described in § 3–104(m) of this subtitle, and other covenants of the county or municipal corporation to provide solid waste collection, treatment, or disposal service and ensure that sufficient revenues are available to provide for the payments due under the contract.

(viii) The powers granted by this section are in addition to other powers of a county or municipal corporation granted under law and may not be restricted by any debt or tax rate limitation in any general law, local law, or charter provision.

(ix) Rates and charges imposed under this section are not subject to the jurisdiction of any entity other than the Service or the contracting municipality.

(3) Any contract between the Service and a municipality shall be valid, binding, and enforceable against the municipality if it is approved by resolution of the governing body of the municipality.

(4) A county or municipal corporation may exercise the powers granted under this section notwithstanding any limitations or other provisions to the contrary of Division II, Title 9, Subtitle 2 or Subtitle 3, Title 10, or Title 11 of the Local Government Article or of any charter or local law.
Md. Code, Courts and Judicial Proceedings § 3-2401 — MD Code / Article gcj / Title 3 / Subtitle 24 / Section 3-2401
§3–2401.
Status: in_force

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

(b) “Actual address” means a residential street address, including primary residence or secondary residence, of a protected individual as specified on the protected individual’s application to be a Program participant under this subtitle.

(c) “Governmental entity” has the meaning stated in § 10–1501 of the State Government Article.

(d) “Office of Information Privacy” means the Office of Information Privacy in the Administrative Office of the Courts.

(e) “Program” means the Judicial Address Confidentiality Program.

(f) “Program participant” means a protected individual designated as a Program participant under this subtitle.

(g) “Protected individual” has the meaning stated in § 3–2301 of this title.
Md. Code, Health - General § 3-307 — MD Code / Article ghg / Title 3 / Subtitle 3 / Section 3-307
§3–307.
Status: in_force

(a) In the performance of official duties, a health officer may enter and inspect any private house if the health officer:

(1) Has obtained consent to enter and inspect;

(2) Has obtained a warrant; or

(3) Does not have time or opportunity to obtain a warrant and an exceptional or emergency situation exists.

(b) In the performance of official duties, a health officer may enter any place of business or employment.
Md. Code, Real Property § 3-107 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-107
§3–107.
Status: in_force

When recording a deed or other instrument retaining a vendor’s lien, the clerk shall leave a blank space at the foot of the document for the purpose of entering assignments and releases.
Md. Code, Natural Resources § 3-126 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-126
§3–126.
Status: in_force

(a) The Service may provide for the creation, continuation, and administration of whatever funds may be required. Money in these funds and other money of the Service shall be deposited, as directed by the Service, in any State or national bank, or federally insured savings and loan associations having a total paid–in capital of at least $1,000,000 or in any financial institution in which the State Treasurer is authorized to deposit State funds. The trust department of any State or national bank or savings and loan association may be designated as a depository to receive any securities acquired or owned by the Service. The restriction with respect to paid–in capital may be waived for any qualifying bank or savings and loan association which agrees to pledge securities of the State or of the United States to protect the funds and securities of the Service in amounts and under arrangements acceptable to the Service.

(b) Any money of the Service, in its discretion and unless otherwise provided in any trust agreement, other agreement, or covenant made by the Service for the benefit of the holders of any of its obligations with respect to funds held under the trust or other agreement may be invested in:

(1) Bonds or other obligations of, or guaranteed as to principal and interest by, the United States or the State or its political subdivisions or units; or

(2) Any other obligation or security in which the State Treasurer may invest under § 6–222 of the State Finance and Procurement Article.

(c) The Service shall make provision for a system of financial accounting, controls, audits, and reports. All accounting systems and records, auditing procedures and standards, and financial reporting shall conform to generally accepted principles of governmental accounting. The Service shall adopt the fiscal year of July 1 to June 30, designate the necessary funds for complete accountability, and specify the basis of accounting for each fund.

(d) (1) (i) On or before November 15 each year, an audit shall be made of the financial books, records, and accounts of the Service.

(ii) The audit shall be made by independent certified public accountants, selected by the Service and licensed to practice in the State.

(iii) The accountants:

1. May not have a personal interest either directly or indirectly in the fiscal affairs of the Service; and

2. Shall be experienced and qualified in the accounting and auditing of public bodies.

(iv) The report of audit shall be prepared in accordance with generally accepted auditing principles and point out any irregularities found to exist.

(v) 1. The accountants shall report the results of their examination, including their unqualified opinion on the presentation of the financial position of the various funds and the results of the Service’s financial operations.

2. If the accountants are unable to express an unqualified opinion, they shall state and explain in detail the reasons for their qualifications, disclaimer, or opinion including recommendations necessary to make possible future unqualified opinions.

(2) The Board shall review an audit prepared under paragraph (1) of this subsection at a meeting of the Board and make any changes or recommendations that the Board considers appropriate based on the audit.

(3) The Service shall:

(i) Provide to the Department of Budget and Management:

1. A copy of an audit prepared under paragraph (1) of this subsection; and

2. Any changes or recommendations of the Board based on the audit; and

(ii) Post a copy of an audit prepared under paragraph (1) of this subsection on the Service’s website, including a link on the homepage of the website to a copy of the most recent audit.

(e) The books, records, and accounts of the Service are subject to audit by the State, including the Legislative Auditor.

(f) Any officer or employee who refuses to give the required assistance and information to the accountants selected by the Service or by the State, or who refuses to submit to them for examination the books, documents, records, files, accounts, papers, things, or property required for the audit, in the discretion of the Service, may be required to forfeit his office or employment.

(g) Any money received by the Service from State agencies for goods or services provided by the Service in accordance with agreements with those agencies shall be deposited and credited to the funds created under this subtitle.

(h) (1) On or before November 15 each year, the Service shall make a report to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly of its activities for the preceding fiscal year.

(2) Each such report shall include the completed financial audit required under subsection (d) of this section and a summary of energy activities undertaken by the Service during the preceding fiscal year.
Md. Code, Labor and Employment § 3-1803 — MD Code / Article gle / Title 3 / Subtitle 18 / Section 3-1803
§3–1803.
Status: in_force

(a) (1) Subject to the provisions of this section, a public service employer shall certify the employment of each:

(i) current or former employee who requests that the public service employer complete a Public Service Loan Forgiveness Program form; and

(ii) employee who is leaving the employment of the public service employer on the employee’s separation.

(2) The public service employer shall certify:

(i) the period of employment requested by the current or former employee; or

(ii) if no period is specified, the current or former employee’s entire period of employment.

(b) (1) If the U.S. Department of Education allows a public service employer to directly certify the employment of a current or former employee, the public service employer may send the information necessary to certify the employment of an employee directly to the U.S. Department of Education.

(2) This subsection does not prevent a public service employer from seeking permission from an employee before certifying the employee’s employment to the U.S. Department of Education.

(c) A public service employer may not unreasonably delay the certification of the employment of a current or former employee.
Md. Code, Real Property § 3-106 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-106
§3–106.
Status: in_force

The clerk of the circuit court shall record any assignment of a mortgage with an attachment or rider affixed to it containing the names of the parties as they appear on the original mortgage and a reference to the book number and page number where the mortgage is recorded.
Md. Code, General Provisions § 3-104 — MD Code / Article ggp / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: in_force

If a public body recesses an open session to carry out an administrative function in a meeting that is not open to the public, the minutes for the public body’s next meeting shall include:

(1) a statement of the date, time, place, and persons present at the administrative function meeting; and

(2) a phrase or sentence identifying the subject matter discussed at the administrative function meeting.
Md. Code, Criminal Law § 3-502 — MD Code / Article gcr / Title 3 / Subtitle 5 / Section 3-502
§3–502.
Status: in_force

(a) A person may not, by force or fraud, carry or cause a person to be carried in or outside the State with the intent to have the person carried or concealed in or outside the State.

(b) A person who violates this section is guilty of the felony of kidnapping and on conviction is subject to imprisonment not exceeding 30 years.

(c) Kidnapping does not include the act of a parent in carrying a minor child of that parent in or outside the State.
Md. Code, Labor and Employment § 3-716 — MD Code / Article gle / Title 3 / Subtitle 7 / Section 3-716
§3–716.
Status: in_force

(a) (1) This subsection applies:

(i) to an employment contract or a similar document or agreement concerning:

1. an employee who earns equal to or less than 150% of the State minimum wage rate established under § 3–413 of this title;

2. employment in a position for which the employee:

A. is required to be licensed under the Health Occupations Article;

B. is employed in a position that provides direct patient care; and

C. earns equal to or less than $350,000 in total annual compensation; or

3. an employee licensed as a veterinary practitioner or veterinary technician under Title 2, Subtitle 3 of the Agriculture Article; and

(ii) whether or not the employer and employee entered into the employment contract or similar document or agreement in the State.

(2) This subsection does not apply to an employment contract or a similar document or agreement with respect to the taking or use of a client or patient list or other proprietary client–related or patient–related information.

(3) A noncompete or conflict of interest provision in an employment contract or a similar document or agreement that restricts the ability of an employee to enter into employment with a new employer or to become self–employed in the same or similar business or trade shall be null and void as being against the public policy of the State.

(b) (1) This subsection applies only to an employment contract or similar document or agreement concerning employment in a position for which the employee:

(i) is required to be licensed under the Health Occupations Article;

(ii) is employed in a position that provides direct patient care; and

(iii) earns more than $350,000 in total annual compensation.

(2) (i) The period for which a noncompete or conflict of interest provision in an employment contract or similar document or agreement is in effect may not exceed 1 year from the last day of employment.

(ii) The geographical restriction in a noncompete or conflict of interest provision in an employment contract or similar document or agreement may not exceed 10 miles from the primary place of employment.

(3) On request of a patient, an employer of an employee described in paragraph (1) of this subsection shall provide notice to a patient of the new location where a former employee will be practicing.
Md. Code, Economic Development § 3-407 — MD Code / Article gec / Title 3 / Subtitle 4 / Section 3-407
§3–407.
Status: in_force

(a) The Secretary may award a grant for job-specific training assistance to an eligible:

(1) business;

(2) community college;

(3) private career school;

(4) State-accredited training agency;

(5) trade association; or

(6) union-sponsored training program.

(b) Training shall be approved by the employer of those being trained.

(c) Under the Program, job-specific training may not exceed 1 year.
Md. Code, Correctional Services § 3-410 — MD Code / Article gcs / Title 3 / Subtitle 4 / Section 3-410
§3–410.
Status: in_force

An incarcerated individual in the program is not an agent or employee of the Division.
Md. Code, Natural Resources § 3-110 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-110
§3–110.
Status: in_force

(a) Upon the failure of a person to comply with an order to abate pollution provided for in Title 7, Subtitle 2 or Title 9, Subtitle 3 of the Environment Article, the Secretary of the Environment, if no remedy provided in Title 7, Subtitle 2 or Title 9, Subtitle 3 of the Environment Article is sought against that person, may direct the Service to provide projects necessary to abate the pollution.

(b) Except as provided in subsection (d) of this section, upon receipt of the directive from the Secretary of the Environment, the Service shall provide the project necessary to abate the pollution, and the person shall discharge or deliver his wastes only to a Service project or avail himself of the projects provided by the Service to abate the pollution. The cost of projects provided by the Service to abate pollution under the terms of this section shall be borne by the person against whom the order to abate pollution was issued. That person and the Service shall determine by agreement the costs, rental, charges, or other fees to be paid by the person to the Service. If the fees and charges remain unpaid for a period of 60 days, the unpaid amount becomes a lien against the property served if it is recorded and indexed as provided in this subtitle, and the matter shall be referred to the Attorney General for collection.

(c) All projects provided by the Service under this section remain under the control and operation of the Service. It is unlawful for a person provided with projects by the Service under this section to duplicate or use any other project serving the same purpose.

(d) (1) In the event the Service determines, at any time, that it will be unable to recoup all or a portion of its costs from the persons subject to the order of the Secretary of the Environment, the Service shall provide to the Secretary a full accounting of all costs incurred or anticipated to be incurred by it in complying with the Secretary’s directive.

(2) Within 30 days of receipt of the accounting, the Secretary may request that the Service provide additional information.

(3) Within 90 days of receipt of the accounting or, when applicable, the additional information, the State shall pay to the Service the full amount of the Service’s costs that are not paid or reasonably expected to be paid by the persons.

(4) (i) The State’s payment of any amount to the Service does not preclude the State from seeking or obtaining reimbursement from the municipality or persons subject to the order of the Secretary.

(ii) The Service shall cooperate fully with the Secretary in seeking reimbursement from the municipality or persons.
Md. Code, Courts and Judicial Proceedings § 3-1204 — MD Code / Article gcj / Title 3 / Subtitle 12 / Section 3-1204
§3–1204.
Status: in_force

This subtitle does not affect any liability or immunity of a paid fire company, a paid rescue squad, or the personnel of a paid fire company or paid rescue squad under § 5-604 of this article.
Md. Code, Labor and Employment § 3-908 — MD Code / Article gle / Title 3 / Subtitle 9 / Section 3-908
§3–908.
Status: in_force

(a) An employer in violation of § 3–903 of this subtitle who comes into timely compliance with all applicable labor laws as required by § 3–907(b) of this subtitle may not be assessed a civil penalty.

(b) (1) An employer in violation of § 3–903 of this subtitle who fails to come into timely compliance with all applicable labor laws as required by § 3–907(b) of this subtitle shall be assessed a civil penalty of up to $1,000 for each employee for whom the employer is not in compliance.

(2) In determining the amount of the penalty, the Commissioner shall consider the factors set forth in § 3–909(b) of this subtitle.

(c) (1) An employer may be assessed civil penalties under this section by only one final order of a court or administrative unit for the same actions constituting noncompliance with applicable labor laws as required by § 3–907(b) and (c) of this subtitle.

(2) Notwithstanding paragraph (1) of this subsection, an employer may be ordered to make restitution, pay any interest due, and otherwise comply with all applicable laws and regulations by multiple final orders of a court and all relevant administrative units, including the Comptroller, the Office of Unemployment Insurance, the Insurance Administration, and the Workers’ Compensation Commission.

(d) Any penalty issued under this section against an employer shall be in effect against any successor corporation or business entity that:

(1) has one or more of the same principals or officers as the employer against whom the penalty was assessed; and

(2) is engaged in the same or equivalent trade or activity.
Md. Code, Criminal Law § 3-709 — MD Code / Article gcr / Title 3 / Subtitle 7 / Section 3-709
§3–709.
Status: in_force

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

(2) “Intimate parts” has the meaning stated in § 3–809 of this title.

(3) “Sexual activity” has the meaning stated in § 3–809 of this title.

(b) A person may not cause another to:

(1) engage in an act of sexual activity by threatening to:

(i) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute;

(ii) cause physical injury to a person;

(iii) inflict emotional distress on a person;

(iv) cause economic damage to a person; or

(v) cause damage to the property of a person; or

(2) engage as a subject in the production of a visual representation or performance that depicts the other with the other’s intimate parts exposed or engaging in or simulating an act of sexual activity by threatening to:

(i) accuse any person of a crime or of anything that, if true, would bring the person into contempt or disrepute;

(ii) cause physical injury to a person;

(iii) inflict emotional distress on a person;

(iv) cause economic damage to a person; or

(v) cause damage to the property of a person.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing the violation of this section.

(e) A visual representation depicting a victim that is part of a court record for a case arising from a prosecution under this section:

(1) subject to item (2) of this subsection, may not be made available for public inspection; and

(2) except as otherwise ordered by the court, may only be made available for inspection in relation to a criminal charge under this section to:

(i) court personnel;

(ii) a jury in a criminal case brought under this section;

(iii) the State’s Attorney or the State’s Attorney’s designee;

(iv) the Attorney General or the Attorney General’s designee;

(v) a law enforcement officer;

(vi) the defendant or the defendant’s attorney; or

(vii) the victim or the victim’s attorney.
Md. Code, Commercial Law § 3-415 — MD Code / Article gcl / Title 3 / Subtitle 4 / Section 3-415
§3–415.
Status: in_force

(a) Subject to subsections (b), (c), (d), and (e) and to § 3-419(d), if an instrument is dishonored, an indorser is obliged to pay the amount due on the instrument (i) according to the terms of the instrument at the time it was indorsed, or (ii) if the indorser indorsed an incomplete instrument, according to its terms when completed, to the extent stated in §§ 3-115 and 3-407. The obligation of the indorser is owed to a person entitled to enforce the instrument or to a subsequent indorser who paid the instrument under this section.

(b) If an indorsement states that it is made “without recourse” or otherwise disclaims liability of the indorser, the indorser is not liable under subsection (a) to pay the instrument.

(c) If notice of dishonor of an instrument is required by § 3-503 and notice of dishonor complying with that section is not given to an indorser, the liability of the indorser under subsection (a) is discharged.

(d) If a draft is accepted by a bank after an indorsement is made, the liability of the indorser under subsection (a) is discharged.

(e) If an indorser of a check is liable under subsection (a) and the check is not presented for payment, or given to a depositary bank for collection, within 30 days after the day the indorsement was made, the liability of the indorser under subsection (a) is discharged.
Md. Code, Human Services § 3-405 — MD Code / Article ghu / Title 3 / Subtitle 4 / Section 3-405
§3–405.
Status: in_force

The Secretary and the County Executive of Montgomery County shall consult with each other at least every other year to ensure that the objectives of the social service and public assistance programs administered by the Montgomery County government are consistent with the objectives of the State social service and public assistance programs.
Md. Code, Transportation § 3-512 — MD Code / Article gtr / Title 3 / Subtitle 5 / Section 3-512
§3–512.
Status: in_force

(a) The bonds shall be payable solely from the revenues received by the Department from the participating counties for that purpose.

(b) The revenues of the State and the Department are not pledged, and may not be used, to pay the principal of or interest on the bonds.

(c) The Transportation Trust Fund established by § 3-216 of this title is not pledged, and may not be used, to pay the principal of or interest on the bonds.
Md. Code, Labor and Employment § 3-1003 — MD Code / Article gle / Title 3 / Subtitle 10 / Section 3-1003
§3–1003.
Status: in_force

(a) An employer shall provide no less than 15 days per calendar year of unpaid Civil Air Patrol leave to an employee responding to an emergency mission of the Maryland Wing of the Civil Air Patrol.

(b) (1) An employee shall give the employer as much notice as possible of the intended dates of the beginning and end of leave.

(2) After arriving at an emergency location, the employee shall notify the employer with an estimate of the amount of time needed to complete the emergency mission.

(3) The employee shall report to the employer necessary changes in the time required to complete the mission.

(4) The employer may require verification of the eligibility of the employee for the Civil Air Patrol leave requested or taken.

(5) If the employee fails to provide the required certification, the employer may deny the Civil Air Patrol leave.

(6) An employee taking leave under this subtitle may not be required to exhaust all available leave before using Civil Air Patrol leave.

(7) Nothing in this subtitle prevents an employer from providing paid leave for leave under this subtitle.
Md. Code, Agriculture § 3-111 — MD Code / Article gag / Title 3 / Subtitle 1 / Section 3-111
§3–111.
Status: in_force

(a) A person may not sell or otherwise dispose of an animal which he knows or has good reason to believe is infected with any contagious or infectious disease, or has been exposed to one within 90 days. Also, a person may not permit the animal to pass over any public highway, street, lane, or alley, or to graze any unfenced lot or piece of ground without the consent of the Secretary.

(b) No person may inoculate any animal in the State with the virus of any infectious or contagious disease incident to animals without the written consent of the Secretary.
Md. Code, Correctional Services § 3-524 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-524
§3–524.
Status: in_force

There is a Customer Council created to advise the Chief Executive Officer.
Md. Code, Corporations and Associations § 3-206 — MD Code / Article gca / Title 3 / Subtitle 2 / Section 3-206
§3–206.
Status: in_force

(a) The rights of a stockholder who demands payment are restored in full, if:

(1) The demand for payment is withdrawn;

(2) A petition for an appraisal is not filed within the time required by this subtitle;

(3) A court determines that the stockholder is not entitled to relief; or

(4) The transaction objected to is abandoned or rescinded.

(b) The restoration of a stockholder’s rights entitles him to receive the dividends, distributions, and other rights he would have received if he had not demanded payment for his stock. However, the restoration does not prejudice any corporate proceedings taken before the restoration.
Md. Code, Natural Resources § 3-207 — MD Code / Article gnr / Title 3 / Subtitle 2 / Section 3-207
§3–207.
Status: in_force

The State may pay money or transfer property to the Trust to carry out the purposes of the Trust. The Trust may receive, manage, expend, and dispose of grants, money, and property from the federal government or political subdivision of the State.
Md. Code, Correctional Services § 3-401 — MD Code / Article gcs / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: in_force

In this subtitle, “program” means a home detention program established under this subtitle.
Md. Code, Financial Institutions § 3-303 — MD Code / Article gfi / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

A commercial bank may not make any loan the proceeds of which are to be used to pay for any part of a subscription to its capital stock unless the loan is secured adequately by other collateral.
Md. Code, Education § 3-10A-04 — MD Code / Article ged / Title 3 / Subtitle 10A / Section 3-10A-04
§3–10A–04.
Status: in_force

(a) The president of the county board is entitled to receive $4,000 annually as compensation and the other voting members each are entitled to receive $3,500 annually as compensation.

(b) The president of the county board and other members each are entitled to reimbursement not to exceed $1,000 a year for travel and other expenses.

(c) The Queen Anne’s County Commissioners may increase the annual salary of the county board.
Md. Code, State Finance and Procurement § 3-303 — MD Code / Article gsf / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

The Secretary may adopt regulations that relate to collections under this subtitle, including:

(1) procedures for referral of a debt or claim;

(2) the information that supports the debt or claim; and

(3) the rate of fees to be charged under § 3-304 of this subtitle.
Md. Code, Courts and Judicial Proceedings § 3-8A-19.5 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-19.5
§3–8A–19.
Status: in_force

§3–8A–19.5.

(a) A violation of any of the provisions of a peace order specified in § 3-8A-19.2(c)(1)(i), (ii), (iii), or (iv) of this subtitle is a delinquent act.

(b) A law enforcement officer shall take into custody a child whom the officer has probable cause to believe is in violation of a peace order in effect at the time of the violation.
Md. Code, Transportation § 3-203 — MD Code / Article gtr / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

(a) The resolution authorizing the issuance of consolidated transportation bonds shall:

(1) Describe generally the transportation facilities the cost of which is proposed to be financed by the sale of bonds;

(2) State the estimated cost of financing these facilities; and

(3) Determine and specify:

(i) The date or dates of issue;

(ii) The date or dates and amount or amounts of maturities, which need not be in equal principal amounts or consecutive annual installments;

(iii) The rate or rates of interest payable on the bonds, or the manner of determining the rate or rates of interest, and the date or dates of payment of interest;

(iv) The tenor, form or forms, denomination or denominations, manner of execution, and place or places of payment of the principal of and interest on the bonds, which may be at any bank or trust company within or without this State;

(v) Whether the bonds are to be issued in coupon or registered form or both and whether provision is to be made for the registration of the principal only of coupon bonds, for the reconversion of fully registered bonds into coupon form, and for the replacement of bonds that are mutilated, lost, or destroyed;

(vi) Whether the bonds are to be sold at a public, competitive sale or a private, negotiated sale, as determined by the Secretary;

(vii) If the bonds are to be sold at a public sale, the form of notice of sale, which shall outline the terms and conditions of the sale;

(viii) The form of advertisement, which shall be published at least once in a journal having a circulation among banks and investment bankers, the publication of which shall be made not less than 10 days before the sale of bonds;

(ix) Whether all or any part of the bonds are redeemable before maturity and, if so, the terms, conditions, and prices of redemption; and

(x) Any other matter relating to the form, terms, conditions, issuance, sale, and delivery of the bonds.

(b) (1) The resolution may provide that the Secretary may postpone the time for receipt of proposals for the bonds without republishing the form of advertisement for the bonds.

(2) (i) The Secretary shall provide notice of the new date and time of sale not less than 24 hours prior to the time proposals are to be submitted, which date may not be more than 30 days after the originally scheduled date of sale.

(ii) The notice may be given by Munifacts News Service or a similar service or such other method as the Secretary deems appropriate.
Md. Code, Agriculture § 3-107 — MD Code / Article gag / Title 3 / Subtitle 1 / Section 3-107
§3–107.
Status: in_force

(a) (1) This section does not apply to and the Department is not responsible for the reimbursement of any person whose flock of ducks dies or is quarantined and destroyed because of an infectious or contagious disease if those ducks were imported into the State without being certified as disease free.

(2) Before any building or article is destroyed or any animal slaughtered, the Secretary shall have the building, article, or animal appraised pursuant to the departmental rules and regulations.

(b) There shall be two appraisers who shall be sworn before any officer authorized to administer oaths and affirmations. One shall be appointed by the owner or the agent of the owner of the building, article, or animal to be destroyed or slaughtered, and the other shall be appointed by the Secretary. If there is a disagreement, the Secretary shall appoint a third appraiser. If the owner or his agent refuses or neglects to name an appraiser, the Secretary shall appoint one.

(c) The appraisal of any animal, together with its carcass, hide, and offal, may not exceed 90 percent of the fair market value of the animal, or $500 for any one animal. The appraisal of any building may not exceed 90 percent of its fair market value. When approved by the Secretary, the appraisal shall be filed with the Comptroller who shall issue his warrant to the Treasurer in favor of the owner for the amount of the appraisal.

(d) If the owner of the building, article, or property is not satisfied with the appraisal, he may appeal to the circuit court of the county where the building, article, or property is located. The appeal shall be heard de novo.
Md. Code, Agriculture § 3-402 — MD Code / Article gag / Title 3 / Subtitle 4 / Section 3-402
§3–402.
Status: in_force

In lieu of an inspection certificate, imported cattle may be detained at any suitable location in the State nearest any State line from which they are shipped and examined at the expense of the owner. Cattle may be shipped in quarantine to their destination in the State pursuant to departmental rules and regulations if they remain in quarantine until properly examined at the expense of the owner and released by the Secretary.
Md. Code, Agriculture § 3-105 — MD Code / Article gag / Title 3 / Subtitle 1 / Section 3-105
§3–105.
Status: in_force

(a) To prevent the spread of contagious or infectious diseases, the Secretary, or his agent, may:

(1) Visit at any time the location in any county where he has reason to believe any contagious or infectious disease may exist;

(2) Test any animal for any contagious disease by any method;

(3) Order every animal which has been exposed to a contagious or infectious disease to be isolated in the manner he deems necessary to prevent the spread of the disease;

(4) Order any location where any contagious or infectious disease has existed or presently exists to be quarantined, so that no domestic animal of the same species may be removed from or brought to the quarantined premises until it is properly disinfected;

(5) Issue any order he deems necessary or expedient to prevent the communication of any infectious or contagious disease from the quarantined area;

(6) Issue an order requiring the destruction of any animal infected with or exposed to an infectious or contagious disease, and for the proper destruction of its hide or carcass, and any object which might carry infection or contagion;

(7) Issue an order requiring disinfection of every building, premises, vehicle, and every object which may breed or convey any infectious or contagious disease;

(8) Destroy any building or article that is contaminated and incapable of proper disinfection;

(9) Modify, cancel, or withdraw the terms of any order the Secretary issues pursuant to this subtitle; and

(10) Institute a livestock patrol along the State borders to prevent any livestock affected with any contagious or infectious disease from being brought into the State contrary to the laws regulating shipment of livestock into the State.

(b) The owner or his agent shall secure the animal to make it possible for the Secretary or his agent to apply any test.

(c) The Secretary may order any sheriff, deputy sheriff, or other law enforcement officer of the State or of any county to provide information or assist in the execution or enforcement of any order of the Department.

(d) For the performance of duties imposed by this section, the sheriff, deputy sheriff, or other law enforcement officer shall be compensated on a basis of performance of similar duties under existing laws.
Md. Code, Financial Institutions § 3-405 — MD Code / Article gfi / Title 3 / Subtitle 4 / Section 3-405
§3–405.
Status: in_force

(a) Until successors are elected and qualify, the board of directors of a commercial bank consists of the individuals named as directors in the articles of incorporation.

(b) (1) Except as provided in paragraph (2) of this subsection, at each annual meeting of stockholders, the stockholders shall elect directors to hold office until the earlier of:

(i) The next annual meeting of stockholders and until their successors are elected and qualify; or

(ii) The time provided in the terms of any class or series of stock pursuant to which the directors are elected.

(2) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, if the directors are divided into classes, the term of office may be provided in the bylaws.

(ii) The term of office of a director may not be longer than 5 years or, in the case of an initial or substitute director, shorter than the period between annual meetings.

(iii) The term of office of at least one class of directors shall expire each year.
Md. Code, Agriculture § 3-308 — MD Code / Article gag / Title 3 / Subtitle 3 / Section 3-308
§3–308.
Status: in_force

The provisions of this subtitle do not apply to the following:

(1) Any person who by dispersal sale is permanently discontinuing the business of dairying, breeding, raising, or feeding animals.

(2) The part of the business of a farmer which consists of buying and receiving animals for grazing and feeding purposes and the sale or disposal of these animals after the grazing and feeding period.

(3) The sale by a farmer of any breeding, surplus, or unprofitable animal owned by him.

(4) The private sale, exchange, or transportation of any equine.
Md. Code, Education § 3-5B-03 — MD Code / Article ged / Title 3 / Subtitle 5B / Section 3-5B-03
§3–5B–03.
Status: in_force

(a) (1) Until the election of members of the Frederick County Board at the general election of 2022 and the commencement of their terms on December 6, 2022, following that election, the president of the county board is entitled to receive $11,000 annually as compensation, and each other voting member of the county board is entitled to receive $10,000 annually as compensation.

(2) After the election of members of the county board at the general election of 2022 and the commencement of their terms on December 6, 2022, following the election, the president of the county board is entitled to receive $15,000 annually as compensation, and each other voting member of the county board is entitled to receive $14,000 annually as compensation.

(b) The president and all other members of the Frederick County Board are entitled to health insurance benefits regularly provided to employees of the Frederick County public school system.
Md. Code, State Government § 3-405 — MD Code / Article gsg / Title 3 / Subtitle 4 / Section 3-405
§3–405.
Status: in_force

(a) Within 10 days after the Governor delivers an executive order to the Secretary of State, the Secretary shall deliver 2 copies of the executive order to the Executive Director of the Department of Legislative Services.

(b) The Secretary of State shall deliver 1 certified copy of each executive order to the Administrator of the Division of State Documents.
Md. Code, Corporations and Associations § 3-405 — MD Code / Article gca / Title 3 / Subtitle 4 / Section 3-405
§3–405.
Status: in_force

(a) At any time before articles of dissolution are accepted for record by the Department, the corporation may abandon or rescind the dissolution by following the same procedure required for its approval.

(b) Within 30 days after the date of the abandonment or rescission, the corporation shall mail notice of it to every creditor to whom notice of approval of the dissolution was mailed.
Md. Code, State Finance and Procurement § 3-602.2 — MD Code / Article gsf / Title 3 / Subtitle 6 / Section 3-602.2
§3–602.
Status: in_force

§3–602.2.

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

(2) “Commission” means the Maryland Commission on Public Art established under Title 4, Subtitle 6 of the Economic Development Article.

(3) “Construction project” means the construction of a new building that is proposed to contain 15,000 or more square feet.

(4) “Council” means the Maryland State Arts Council established under Title 4, Subtitle 5 of the Economic Development Article.

(5) “Division” means the Division of Tourism, Film, and the Arts established under Title 4, Subtitle 1 of the Economic Development Article.

(6) “Major renovation project” means the renovation of an existing building where:

(i) the building is to be reconstructed and reused after the construction;

(ii) the heating, ventilation, and air conditioning, electrical, and plumbing systems are to be replaced; and

(iii) the scope of the renovation is 15,000 or more square feet.

(7) (i) “Public art” means:

1. an architectural enhancement of artistic significance; or

2. an individual piece of art.

(ii) “Public art” includes:

1. a mural;

2. a tile mosaic;

3. a painting; or

4. a sculpture.

(b) (1) This section applies to capital projects that are:

(i) funded entirely with State funds; or

(ii) 1. funded with a combination of at least 50% of State funds and the remainder from funds from private entities; and

2. not funded in the annual State capital budget as:

A. a miscellaneous grant program;

B. a local House of Delegates initiative; or

C. a local Senate initiative.

(2) This section does not apply to the following types of unoccupied buildings:

(i) warehouse and storage facilities;

(ii) garages;

(iii) maintenance facilities;

(iv) transmitter buildings;

(v) pumping stations; and

(vi) other similar buildings, as determined by the Department.

(c) It is the intent of the General Assembly that the requirements of this section will not increase the cost of a construction project or a major renovation project.

(d) To the extent practicable and except as provided in subsection (g) of this section, the State shall include public art in all construction projects and major renovation projects.

(e) During the initial design of each construction project and major renovation project, the identification and selection of public art to be included in the project shall be determined by a group composed of representatives of:

(1) the unit of State government that will be the primary user of the building;

(2) the unit of State government responsible for project management of the building; and

(3) the Division.

(f) The Division shall work with the Council and the Commission in the selection of public art for any project under this section.

(g) (1) The Department of Budget and Management and the Department of General Services shall jointly establish a process to allow a unit of State government to obtain a waiver from complying with this section.

(2) The waiver process shall:

(i) provide for consultation with the Division, on behalf of the Council and the Commission, to determine if the inclusion of public art in a proposed project is too costly or not practicable; and

(ii) require the approval of the Secretaries of Budget and Management and General Services.
Md. Code, Business Occupations and Professions § 3-413 — MD Code / Article gbo / Title 3 / Subtitle 4 / Section 3-413
§3–413.
Status: in_force

A corporation, partnership, or limited liability company whose permit has been suspended or revoked under § 3–410 of this subtitle may not offer or provide architectural services until the suspension is lifted or the permit is reinstated.
Md. Code, Courts and Judicial Proceedings § 3-2B-01 — MD Code / Article gcj / Title 3 / Subtitle 2B / Section 3-2B-01
§3–2B–01.
Status: in_force

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

(b) “Arbitral tribunal” means a sole arbitrator or a panel of arbitrators.

(c) (1) “International commercial arbitration” means an arbitration in which:

(i) The relevant place of business of at least 1 of the parties to the agreement is in a country other than the United States; or

(ii) If none of the parties has a relevant place of business in a country other than the United States, the relationship between any of the parties to an arbitration agreement involves property located abroad, envisages performance or enforcement abroad, or has some other reasonable relation with 1 or more foreign countries.

(2) (i) If a party has more than 1 place of business, the relevant place of business shall be the place of business:

1. That has the closest relationship to the arbitration agreement; or

2. Designated by the agreement of the parties.

(ii) If a party does not have a place of business, the party’s habitual residence shall be deemed the place of business.
Md. Code, Public Utilities § 3-103 — MD Code / Article gpu / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

(a) The service of a document or notice relating to a proceeding before the Commission under this division shall be sufficient:

(1) if made personally through the sheriff’s office in the county in which service may be made or by an adult; or

(2) except as provided in subsections (b) and (c) of this section, if mailed by first–class mail, postage prepaid, to the last known address of the person to be served.

(b) Service of complaints and accompanying documents shall be sufficient if they are mailed by registered first–class mail, postage prepaid, to the last known address of the person to be served.

(c) Service of subpoenas shall be sufficient only if made personally through the sheriff’s office in the county in which service may be made or by an adult.
Md. Code, Real Property § 3-102.1 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-102.1
§3–102.
Status: reserved

§3–102.1.

(a) If a recorded easement, covenant, restriction, or condition has been granted, devised, dedicated, reserved, or donated to, or otherwise affects an interest in, real property, a notice of the easement, covenant, restriction, or condition may be recorded in the land records of the county in which the property interest is located.

(b) A notice recorded under subsection (a) of this section shall:

(1) State, if known, the name and current address of:

(i) The current holder of the easement, covenant, restriction, or condition; and

(ii) Any neighborhood association relevant to the easement, covenant, restriction, or condition;

(2) Contain a statement that the easement, covenant, restriction, or condition is still in effect as of the date of the notice;

(3) Contain the recording information for the easement, covenant, restriction, or condition and the recording information for any associated amendment or corrective document; and

(4) State, as of the date of the notice, the name of the fee simple owner of the land encumbered by the easement, covenant, restriction, or condition and, if applicable and known:

(i) The owner of any recorded leasehold estate or holder of any other real property interest in land encumbered by the easement, covenant, restriction, or condition; and

(ii) Any neighborhood association relevant to the land encumbered by the easement, covenant, restriction, or condition.

(c) A notice recorded under subsection (a) of this section shall be indexed among the land records under the name of:

(1) The holder of the easement, covenant, restriction, or condition; and

(2) The fee simple owner of the land encumbered by the easement, covenant, restriction, or condition, as specified in the notice and, if applicable and known:

(i) The owner of any recorded leasehold estate or holder of any other real property interest in land encumbered by the easement, covenant, restriction, or condition; and

(ii) Any neighborhood association relevant to land encumbered by the easement, covenant, restriction, or condition.

(d) Failure to record a notice in accordance with the requirements of this section does not:

(1) Impair the rights or interests of the holder of an easement, a covenant, a restriction, or a condition; or

(2) Waive, release, or otherwise affect the obligations of any person holding a real property interest burdened by the easement, covenant, restriction, or condition.
Md. Code, Natural Resources § 3-1015 — MD Code / Article gnr / Title 3 / Subtitle 10 / Section 3-1015
§3–1015.
Status: in_force

(a) The Board of Public Works, in conjunction with the Department, the Department of the Environment, and the Maryland Department of Emergency Management, shall establish criteria to evaluate whether State funds may be used to mitigate hazards associated with sea level rise inundation and coastal flooding.

(b) The criteria established under subsection (a) of this section shall incorporate tools to assess the vulnerability of an area or a structure to hazards associated with sea level rise inundation and coastal flooding, including tools to measure:

(1) The level of exposure of an area or a structure to hazards; and

(2) The degree to which an area or a structure is likely to be affected by the exposure to hazards.
Md. Code, General Provisions § 3-206 — MD Code / Article ggp / Title 3 / Subtitle 2 / Section 3-206
§3–206.
Status: in_force

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

(1) send the complaint to the public body identified in the complaint; and

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

(b) (1) The public body shall file a written response to the complaint within 30 days after it receives the complaint.

(2) On request of the Board, the public body shall include with its written response to the complaint a copy of:

(i) the notice provided under § 3–302 of this title;

(ii) any written statement made under § 3–305(d)(2)(ii) of this title; and

(iii) the minutes and any recording made by the public body under § 3–306 of this title.

(3) The Board shall maintain the confidentiality of the minutes and any recording submitted by a public body that are sealed in accordance with § 3–306(c)(3)(ii) of this title.

(c) (1) If the public body identified in the complaint no longer exists, the Board promptly shall send the complaint to the official or entity that appointed the public body.

(2) The official or entity that appointed the public body shall comply, to the extent feasible, with the requirements of subsection (b) of this section.

(d) If a written response is not received within 45 days after the notice is sent, the Board shall decide the case on the facts before the Board.
Md. Code, Financial Institutions § 3-311 — MD Code / Article gfi / Title 3 / Subtitle 3 / Section 3-311
§3–311.
Status: reserved

(a) On demand of a stockholder, a person may not vote any share of capital stock that, on the stock ledger of a commercial bank, appears to have been transferred within the preceding year, unless the person takes an oath as provided in this section.

(b) The challenged voter shall take an oath, before the judges of election or other officers of the meeting:

(1) That the voter is the true owner of the capital stock and that, without any understanding that the capital stock be transferred to the party from whom it was received, the voter:

(i) Bought and paid or secured payment for it with full consideration; or

(ii) Received it by inheritance, bequest, survivorship, distribution, or gift; or

(2) If the challenged voter is voting for a principal, by proxy or power of attorney:

(i) That the voter believes the principal bought and paid or secured payment for the capital stock with full consideration; or

(ii) That, to the best of the voter’s knowledge and belief, the principal is the true owner of the capital stock, having received it by inheritance, bequest, survivorship, distribution, or gift.

(c) This section does not prevent a stockholder from voting any share of capital stock that is pledged in good faith for a loan but has not been sold.
Md. Code, State Government § 3-303 — MD Code / Article gsg / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

(a) The Governor is the commander–in–chief of the land and naval militia of the State, except for any part of the militia that is in the active service of the uniformed services.

(b) (1) As to the land militia, the Governor may adopt any regulation or issue any order on enlistment, discharge, organization, discipline, training, and equipment that is needed to conform to Title 13 of the Public Safety Article, to the National Defense Act, or to any regulation that is adopted under the National Defense Act.

(2) As to a naval militia, the Governor may:

(i) by executive order, organize, arm, and equip the naval militia; and

(ii) provide for its administration and discipline in a manner that, to the extent practicable, shall conform to federal law.
Md. Code, Corporations and Associations § 3-105 — MD Code / Article gca / Title 3 / Subtitle 1 / Section 3-105
§3–105.
Status: in_force

(a) A consolidation, merger, share exchange, or transfer of assets shall be approved in the manner provided by this section, except that:

(1) A merger of a 90% or more owned subsidiary with or into its parent need be approved only in accordance with the provisions of § 3–106 of this subtitle;

(2) A merger of a Maryland corporation in accordance with § 3–106.1 of this subtitle need be approved only in the manner provided in § 3–106.1 of this subtitle;

(3) A merger of a Maryland corporation in accordance with § 3–106.2 of this subtitle need only be approved in the manner provided in § 3–106.2 of this subtitle;

(4) A share exchange need be approved by a Maryland successor only by its board of directors and by any other action required by its charter;

(5) A transfer of assets need be approved by a Maryland transferee corporation only by its board of directors and by any other action required by its charter;

(6) A foreign corporation party to the transaction shall have the transaction advised, authorized, and approved in the manner and by the vote required by its charter and the laws of the place where it is organized;

(7) A merger need be approved by a Maryland successor corporation only by a majority of its entire board of directors if:

(i) The merger does not reclassify or change the terms of any class or series of its stock that is outstanding immediately before the merger becomes effective or otherwise amend its charter and the number of its shares of stock of such class or series outstanding immediately after the effective time of the merger does not increase by more than 20% of the number of its shares of the class or series of stock that is outstanding immediately before the merger becomes effective; or

(ii) There is no stock outstanding or subscribed for and entitled to be voted on the merger;

(8) A business trust party to a merger shall have the merger advised, authorized, and approved in the manner and by the vote required by its declaration of trust and the laws of the place where it is organized; and

(9) A consolidation, merger, or share exchange shall be approved by a Maryland corporation registered as an open–end investment company under the Investment Company Act of 1940 only by a majority of the entire board of directors and in the manner and by the vote required under the Investment Company Act of 1940.

(b) The board of directors of each corporation proposing to consolidate, merge, transfer its assets, or have its stock acquired in a share exchange shall:

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

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

(c) Notice which states that a purpose of the meeting will be to act on the proposed consolidation, merger, share exchange, or transfer of assets shall be given by each corporation in the manner required by Title 2 of this article to:

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

(2) Each of its stockholders not entitled to vote on the proposed transaction, except the stockholders of a successor in a merger if the merger does not alter the contract rights of their stock as expressly set forth in the charter.

(d) An agreement of consolidation, merger, share exchange, or transfer of assets may require that the proposed transaction shall be submitted to the stockholders, even if the board of directors determines at any time after having declared the advisability of the proposed transaction that the proposed transaction is no longer advisable and either makes no recommendation to the stockholders or recommends that the stockholders reject the proposed transaction.

(e) The proposed consolidation, merger, share exchange, or transfer shall be approved by the stockholders of each corporation by the affirmative vote of two-thirds of all the votes entitled to be cast on the matter.
Md. Code, Tax - General § 3-104 — MD Code / Article gtg / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: in_force

The Tax Court may sit in Baltimore City or in the county seat of any other county.
Md. Code, Courts and Judicial Proceedings § 3-1408 — MD Code / Article gcj / Title 3 / Subtitle 14 / Section 3-1408
§3–1408.
Status: in_force

This subtitle may be cited as the Maryland Uniform Contribution Among Joint Tort-Feasors Act.
Md. Code, Financial Institutions § 3-508 — MD Code / Article gfi / Title 3 / Subtitle 5 / Section 3-508
§3–508.
Status: in_force

(a) A copy of the fund plan and any amendments to it shall be filed at the principal banking office of the trust company, where it shall be available during regular business hours for inspection by any cofiduciary or person who has an interest in a participating account.

(b) On a reasonable request, a copy of the fund plan shall be provided to any cofiduciary or person who has an interest in a participating account.
Md. Code, Economic Development § 3-401 — MD Code / Article gec / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: in_force

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

(b) “Board” means the Partnership for Workforce Quality Advisory Board.

(c) “Fund” means the Partnership for Workforce Quality Fund.

(d) “Program” means the Partnership for Workforce Quality Program.
Md. Code, Agriculture § 3-603 — MD Code / Article gag / Title 3 / Subtitle 6 / Section 3-603
§3–603.
Status: in_force

(a) The owner or occupant of an enclosure who finds a stray horse, sheep, hog, cow, or other domestic animal trespassing on the enclosure may impound the animal if the owner of the animal is known.

(b) If the stray animal has caused damage, the individual who impounded the animal may have the damage valued under oath by two disinterested residents of the county.

(c) After the damage is valued, the individual who impounded the animal shall notify the owner of the animal of the impoundment and the amount of the damage.

(d) (1) After giving notice, the individual who impounded the animal may sell the animal at public auction to the highest bidder for cash unless the damage and a reasonable compensation for feeding the animal while impounded are paid or tendered.

(2) The notice shall describe the animal and state the time and place of sale.

(3) This notice shall be sent to the owner and be posted at least 10 days before the auction at three or more public places in the neighborhood. The day of impounding and the day of sale are not counted as part of the notice period.

(e) (1) The individual who impounded the animal may deduct from the proceeds of the sale the amount of the damage and a reasonable compensation for keeping the animal while impounded.

(2) On demand, the individual who impounded the animal shall pay over the residue of the sale proceeds to the owner of the animal.
Md. Code, Transportation § 3-102 — MD Code / Article gtr / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

As to bonds of prior issues:

(1) Every resolution, rule, regulation, form, order, and directive adopted by or relating to the former Maryland Port Authority or adopted by or relating to the State Roads Commission remains in effect until changed by the Department; and

(2) Every reference in this Code, any other law, ordinance, resolution, rule, regulation, order, directive, legal action, contract, or any other document to the Maryland Port Authority or the State Roads Commission means the Department.
Md. Code, Alcoholic Beverages and Cannabis § 3-303 — MD Code / Article gab / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

(a) An applicant shall pay to the Executive Director a fee of $20, in addition to the costs of publication and notice, when filing an application for the transfer of a license.

(b) The Executive Director shall endorse on the license the transfer of the license if the applicant has paid the fee required under subsection (a) of this section.
Md. Code, Insurance § 3-111 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-111
§3–111.
Status: in_force

(a) The directors of a domestic mutual insurer shall assess its members who, at any time during the 36 months before the notice of assessment is mailed to them under § 3-112(b) of this subtitle, held policies providing for contingent liability, if:

(1) the assets of the domestic mutual insurer at any time are less than its liabilities plus the minimum surplus required to be maintained to transact the kind of insurance being transacted by the domestic mutual insurer; and

(2) the deficiency is not being cured from other sources.

(b) Members assessed under this section are liable to the domestic mutual insurer for the amount assessed.

(c) (1) The total of assessments shall be sufficient to:

(i) cure the deficiency; and

(ii) provide reasonable working funds above the minimum surplus, not exceeding 5% of the domestic mutual insurer’s liabilities on the date that the deficiency was determined.

(2) A member’s assessment may not exceed the lesser of:

(i) one policy premium; or

(ii) the premium for a full year.

(d) The assessment on a policy with contingent liability shall be computed based on the premiums earned on the policy during the period to which the assessment relates.

(e) A member may not have an offset against an assessment for which the member is liable because of a claim for an unearned premium or loss payable.
Md. Code, State Finance and Procurement § 3-606 — MD Code / Article gsf / Title 3 / Subtitle 6 / Section 3-606
§3–606.
Status: in_force

As far as possible, the capital program shall be based on existing information in the possession of the Department of Budget and Management, and other units of the State government.
Md. Code, Agriculture § 3-302 — MD Code / Article gag / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

The license fees received by the Secretary pursuant to § 3–303 of this subtitle constitute a fund to defray partially expenses incurred in administering this subtitle.
Md. Code, Land Use § 3-114 — MD Code / Article glu / Title 3 / Subtitle 1 / Section 3-114
§3–114.
Status: in_force

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

(2) “Affirmatively further fair housing” has the meaning stated in § 2–401 of the Housing and Community Development Article.

(3) “Area median income” has the meaning stated in § 4–1801 of the Housing and Community Development Article.

(4) “Low–income housing” means housing that is affordable for a household with an aggregate annual income that is below 60% of the area median income.

(5) “Workforce housing” has the meaning stated in § 4–1801 of the Housing and Community Development Article.

(b) A housing element may include goals, objectives, policies, plans, and standards.

(c) A housing element shall address the need for affordable housing within the local jurisdiction, including:

(1) workforce housing; and

(2) low–income housing.

(d) (1) Local jurisdictions have a duty to affirmatively further fair housing through their housing and urban development programs.

(2) The housing element of a comprehensive plan that is enacted or amended on or after January 1, 2023, shall include an assessment of fair housing to ensure that the local jurisdiction is affirmatively furthering fair housing.

(3) On request of a local jurisdiction, the Department of Planning, in consultation with the Department of Housing and Community Development, shall provide technical assistance for the purpose of developing the housing element of the comprehensive plan.

(4) This subsection does not require a local jurisdiction to take, or prohibit a local jurisdiction from taking, a specific action to affirmatively further fair housing.
Md. Code, Commercial Law § 3-111 — MD Code / Article gcl / Title 3 / Subtitle 1 / Section 3-111
§3–111.
Status: in_force

Except as otherwise provided for items in Title 4, an instrument is payable at the place of payment stated in the instrument. If no place of payment is stated, an instrument is payable at the address of the drawee or maker stated in the instrument. If no address is stated, the place of payment is the place of business of the drawee or maker. If a drawee or maker has more than one place of business, the place of payment is any place of business of the drawee or maker chosen by the person entitled to enforce the instrument. If the drawee or maker has no place of business, the place of payment is the residence of the drawee or maker.
Md. Code, Alcoholic Beverages and Cannabis § 3-506 — MD Code / Article gab / Title 3 / Subtitle 5 / Section 3-506
§3–506.
Status: in_force

(a) This section does not apply to:

(1) the delivery of wine from a direct wine shipper to a consumer using a common carrier in accordance with Title 2, Subtitle 1, Part V of this article; or

(2) the holder of a common carrier permit in the course of delivering directly shipped wine in accordance with Title 2, Subtitle 1, Part V of this article.

(b) Retail delivery to a purchaser of alcoholic beverages is prohibited unless:

(1) a retail license holder obtains a letter of authorization from the local licensing board to make deliveries; and

(2) the delivery is made from the licensed premises by the retail license holder or an employee of the retail license holder.
Md. Code, Courts and Judicial Proceedings § 3-817 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-817
§3–817.
Status: in_force

(a) After a CINA petition is filed under this subtitle, the court shall hold an adjudicatory hearing.

(b) The rules of evidence under Title 5 of the Maryland Rules shall apply at an adjudicatory hearing.

(c) The allegations in a petition under this subtitle shall be proved by a preponderance of the evidence.
Md. Code, Criminal Law § 3-809 — MD Code / Article gcr / Title 3 / Subtitle 8 / Section 3-809
§3–809.
Status: in_force

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

(2) “Distribute” means to give, sell, transfer, disseminate, publish, upload, circulate, broadcast, make available, allow access to, or engage in any other form of transmission, electronic or otherwise.

(3) “Harm” means:

(i) physical injury;

(ii) serious emotional distress; or

(iii) economic damages.

(4) “Intimate parts” means the naked genitals, pubic area, buttocks, or female nipple.

(5) “Sexual activity” means:

(i) sexual intercourse, including genital–genital, oral–genital, anal–genital, or oral–anal;

(ii) masturbation; or

(iii) sadomasochistic abuse.

(6) (i) “Visual representation” of an identifiable person means:

1. an unaltered image of the person; or

2. an image created with or without using other existing depictions of the person that is indistinguishable from the person, from the perspective of an ordinary person.

(ii) “Visual representation” includes a computer–generated image.

(iii) “Visual representation” does not include an image or depiction that is:

1. a drawing;

2. a cartoon;

3. a sculpture; or

4. a painting.

(b) (1) This section does not apply to:

(i) lawful and common practices of law enforcement, the reporting of unlawful conduct, or legal proceedings; or

(ii) situations involving voluntary exposure in public or commercial settings.

(2) An interactive computer service, as defined in 47 U.S.C. § 230(f)(2), is not liable under this section for content provided by another person.

(c) A person may not knowingly distribute a visual representation of another identifiable person that displays the other person with intimate parts exposed or while engaged in an act of sexual activity:

(1) with the intent to harm, harass, intimidate, threaten, or coerce the other person;

(2) (i) under circumstances in which the person knew that the other person did not consent to the distribution; or

(ii) with reckless disregard as to whether the person consented to the distribution; and

(3) under circumstances in which the other person had a reasonable expectation that the image would remain private.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both.

(e) A person who violates this section is subject to § 5–106(b) of the Courts Article.

(f) (1) A person whose visual representation was distributed in violation of this section has a civil cause of action for defamation per se or invasion of privacy against any person who distributed the visual representation.

(2) In addition to other relief, the court may award reasonable attorney’s fees to a prevailing plaintiff under this subsection.

(g) A visual representation of a victim that is part of a court record for a case arising under this section:

(1) subject to item (2) of this subsection, may not be made available for public inspection; and

(2) except as otherwise ordered by the court, may only be made available for inspection in relation to a criminal charge or civil action under this section to:

(i) court personnel;

(ii) a jury in a criminal case brought under this section;

(iii) the State’s Attorney or the State’s Attorney’s designee;

(iv) the Attorney General or the Attorney General’s designee;

(v) a law enforcement officer;

(vi) the plaintiff or the plaintiff’s attorney;

(vii) the defendant or the defendant’s attorney; or

(viii) the victim or the victim’s attorney.
Md. Code, Health Occupations § 3-101 — MD Code / Article gho / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

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

(b) “Board” means the State Board of Chiropractic Examiners.

(c) “Chiropractor” means an individual who practices chiropractic.

(d) “Direct supervision” means supervision provided by a supervising chiropractor who is personally present or immediately available where the procedures are performed to give aid, direction, and instruction when certain procedures or activities are performed.

(e) “License” means, unless the context requires otherwise, a license granted by the Board:

(1) To practice chiropractic; or

(2) To practice chiropractic with the right to practice physical therapy.

(f) “Licensed chiropractor” means, unless the context requires otherwise, a chiropractor who is licensed by the Board to practice chiropractic or to practice chiropractic with the right to practice physical therapy.

(g) (1) “Practice chiropractic” means to use a drugless system of health care based on the principle that interference with the transmission of nerve impulses may cause disease.

(2) “Practice chiropractic” includes the diagnosing and locating of misaligned or displaced vertebrae and, through the manual manipulation and adjustment of the spine and other skeletal structures, treating disorders of the human body.

(3) Except as otherwise provided in this title, “practice chiropractic” does not include the use of drugs or surgery, or the practice of osteopathy, obstetrics, or any other branch of medicine.

(4) The definition of “practice chiropractic” does not prohibit a chiropractor from selecting diet and hygiene measures for an individual.

(h) “Practice physical therapy” has the meaning stated in § 13–101 of this article.

(i) “Preceptorship” means an organized system of clinical experience that allows a student enrolled in a chiropractic program of study to be paired with a clinical preceptor for the purpose of attaining specific learning objectives.
Md. Code, Education § 3-2B-10 — MD Code / Article ged / Title 3 / Subtitle 2B / Section 3-2B-10
§3–2B–10.
Status: in_force

(a) There is a School Shared Space Council in Baltimore County consisting of 12 employees of the county appointed by the County Executive for a term coterminous with that of the county board as follows:

(1) Two from the staff of the county board;

(2) Two from the County Executive’s administrative staff, one of whom shall be the Director of Central Services;

(3) One from the Department of Social Services;

(4) One from the Department of Recreation and Parks;

(5) One from the Department of Aging;

(6) One from the Health Department;

(7) One from the county community colleges, subject to the following conditions:

(i) Representation shall be determined on a rotating basis by alphabetical order by community college name; and

(ii) Each such member shall serve for 1 year;

(8) One from the Department of Juvenile Services;

(9) One from the county public libraries; and

(10) One from the Department of Planning.

(b) A county employee Council member who does not maintain his employment in the county shall be replaced.

(c) In addition to the county employee members, there shall be eight county citizens selected as members of the Council as follows and with the following duties:

(1) The county citizen members shall be selected by the County Executive. One member shall be selected from each legislative district of Baltimore County with the approval of the State Senator from that district. Each legislative district representative shall reside in that district;

(2) Each member shall be selected to serve a 2–year term;

(3) A citizen member shall be entitled to attend and vote at a Council session where an issue before the Council concerns the school or schools in the citizen member’s respective district; and

(4) When the Council meets to consider countywide issues, all selected citizen members shall be entitled to attend such sessions and vote.

(d) The Council shall:

(1) Meet as needed to compile the number of spaces in the public schools of the county that are not filled and to evaluate the feasibility of the utilization of the spaces by the community and county departments; and

(2) Report its findings and recommendations to the county board and the County Executive at least twice during the school year.

(e) The County Executive may, by executive order, appoint up to two additional members to the Council from agencies of the county government.
Md. Code, Education § 3-3A-03 — MD Code / Article ged / Title 3 / Subtitle 3A / Section 3-3A-03
§3–3A–03.
Status: in_force

(a) With the approval of the Governor, the State Board may remove any member of the county board for any of the following reasons:

(1) Immorality;

(2) Misconduct in office;

(3) Incompetency; or

(4) Willful neglect of duty.

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

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

(1) (i) The State Board promptly shall hold a hearing; but

(ii) A hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and

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

(d) A member removed under this section has the right to a de novo review of the removal by the Circuit Court for Caroline County.
Md. Code, Correctional Services § 3-518 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-518
§3–518.
Status: in_force

(a) The Management Council consists of the following 15 members:

(1) the Commissioner;

(2) a representative of the Comptroller of the Treasury, appointed by the State Comptroller;

(3) the Chief Executive Officer;

(4) a member of the House of Delegates, appointed by the Speaker of the House of Delegates;

(5) a member of the Senate, appointed by the President of the Senate;

(6) a representative of the University System of Maryland, appointed by the Chancellor;

(7) a representative of the State Department of Education, appointed by the Governor;

(8) a representative of the Maryland Department of Labor, appointed by the Governor;

(9) a representative of the Governor’s Office of Crime Prevention and Policy, appointed by the Governor;

(10) two representatives of organized labor, one from the public sector and one from the private sector, appointed by the Governor in accordance with subsection (b) of this section;

(11) a judge, appointed by the Chief Justice of the Supreme Court of Maryland;

(12) two representatives of the business community selected from the fields of manufacturing, services, finance, and information technology, appointed by the Governor in accordance with subsection (b) of this section; and

(13) one representative of a nonprofit organization, appointed by the Governor in accordance with subsection (b) of this section.

(b) (1) The term of a member appointed under subsection (a)(10), (12), and (13) of this section is 3 years.

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

(3) A member appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
Md. Code, Election Law § 3-501 — MD Code / Article gel / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

An election director may remove a voter from the statewide voter registration list only:

(1) at the request of the voter, provided the request is:

(i) signed by the voter;

(ii) authenticated by the election director; and

(iii) in a format acceptable to the State Board or on a cancellation notice provided by the voter on a voter registration application;

(2) upon determining, based on information provided pursuant to § 3–504 of this subtitle, that the voter is no longer eligible because:

(i) the voter is not qualified to be a registered voter as provided in § 3–102(b) of this title; or

(ii) the voter is deceased;

(3) if the voter has moved outside the State, as determined by conducting the procedures established in § 3–502 of this subtitle; or

(4) if, in accordance with the administrative complaint process under § 3–602 of this title, the State Administrator or the State Administrator’s designee has determined that the voter is not qualified to be registered to vote.
Md. Code, Natural Resources § 3-918 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-918
§3–918.
Status: in_force

(a) Except as otherwise provided by this subtitle, the Authority is hereby authorized to adopt, formulate, and revise from time to time, and enforce rules and regulations necessary for the regulation of its internal affairs and for the use and operation of its projects, and of any other laws the administration of which is vested in the Authority; provided, however, that no such rule or regulation concerning the use or operation of a project shall be in conflict with any rule or regulation of the Department of the Environment. The Authority may limit or regulate waste disposal service on a temporary basis in any area or to any premises served by Authority projects, as the exigencies of the occasion and the protection of its systems require. The Authority shall make such regulations consistent with law as it may deem necessary for the public safety, health, comfort or convenience, in the construction, operation, maintenance, expansion, relocation, replacement, renovation, and repair of its projects.

(b) Notwithstanding any other provision of law granting to the State or to any of its agencies or instrumentalities an exemption from charges and/or fees, the State or any of its agencies or instrumentalities shall pay to the Authority any contractual obligation, or benefit or connection charges imposed thereon, for services rendered.
Md. Code, Business Occupations and Professions § 3-401 — MD Code / Article gbo / Title 3 / Subtitle 4 / Section 3-401
§3–401.
Status: in_force

In this subtitle, “responsible member” means a director or an officer of a corporation, a member of a limited liability company, or a general partner of a partnership who is appointed under § 3–404(c) of this subtitle to be in responsible charge of architecture practiced through the corporation, limited liability company, or partnership.
Md. Code, Courts and Judicial Proceedings § 3-2B-04 — MD Code / Article gcj / Title 3 / Subtitle 2B / Section 3-2B-04
§3–2B–04.
Status: in_force

The circuit courts of this State shall have jurisdiction:

(1) To enforce agreements and orders providing for international commercial arbitration;

(2) To enter judgments on arbitration awards; and

(3) To recognize and enforce in accordance with this subtitle arbitration awards rendered in foreign countries.
Md. Code, Tax - Property § 3-105 — MD Code / Article gtp / Title 3 / Subtitle 1 / Section 3-105
§3–105.
Status: in_force

(a) Two members of a board are a quorum to do business.

(b) (1) The board shall issue an order that sets forth its determination of any matter brought before it. Two members of a board shall sign the order.

(2) The order shall be filed with the clerk of the board.

(c) Each member of a board is entitled to:

(1) compensation at an hourly rate as provided in the State budget; and

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

(d) With the approval of the Administrator, each board may employ a staff in accordance with the State budget.
Md. Code, Courts and Judicial Proceedings § 3-228 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-228
§3–228.
Status: in_force

(a) (1) If an order confirming, modifying, or correcting an award is granted, a judgment shall be entered in conformity with the order.

(2) The judgment may be enforced as any other judgment.

(b) A court may award costs of the petition, the subsequent proceedings, and disbursements.
Md. Code, Education § 3-2A-02 — MD Code / Article ged / Title 3 / Subtitle 2A / Section 3-2A-02
§3–2A–02.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, an elected member of the county board serves for a term of 4 years beginning on the first Monday in December after the member’s election and until a successor is elected and qualifies.

(2) The term of office of each member elected at the general election in 2018 is 6 years.

(b) Each elected member of the county board:

(1) Is eligible for reelection for a second consecutive term in accordance with the provisions of this subtitle; but

(2) May not be elected to serve on the county board for more than two consecutive terms.
Md. Code, Criminal Law § 3-802 — MD Code / Article gcr / Title 3 / Subtitle 8 / Section 3-802
§3–802.
Status: in_force

(a) In this section:

(1) “stalking” means a malicious course of conduct that includes approaching or pursuing another where:

(i) the person intends to place or knows or reasonably should have known the conduct would place another in reasonable fear:

1. A. of serious bodily injury;

B. of an assault in any degree;

C. of rape or sexual offense as defined by §§ 3–303 through 3–308 of this title or attempted rape or sexual offense in any degree;

D. of false imprisonment; or

E. of death; or

2. that a third person likely will suffer any of the acts listed in item 1 of this item; or

(ii) the person intends to cause or knows or reasonably should have known that the conduct would cause serious emotional distress to another; and

(2) “stalking” includes conduct described in item (1) of this subsection that occurs:

(i) in person;

(ii) by electronic communication, as defined in § 3–805 of this subtitle; or

(iii) through the use of a device that can pinpoint or track the location of another without the person’s knowledge or consent.

(b) The provisions of this section do not apply to conduct that is:

(1) performed to ensure compliance with a court order;

(2) performed to carry out a specific lawful commercial purpose; or

(3) authorized, required, or protected by local, State, or federal law.

(c) A person may not engage in stalking.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

(e) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence for any other crime based on the acts establishing a violation of this section.
Md. Code, Natural Resources § 3-917 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-917
§3–917.
Status: in_force

The Authority shall not be required to give any bond as security for costs, supersedeas, or any other security in any suit or action brought by or against it, or in proceedings to which it may be a party, in any court in this State, and the Authority shall have the remedies of appeal of whatever kind to all courts without bonds, supersedeas, or security of any kind. No builder’s, materialman’s, contractor’s, laborer’s, or mechanic’s liens of any kind or character shall ever attach to or become a lien upon any property, real or personal, belonging to the Authority and no assignment of wages shall be binding upon or recognized by the Authority.
Md. Code, Natural Resources § 3-208 — MD Code / Article gnr / Title 3 / Subtitle 2 / Section 3-208
§3–208.
Status: in_force

Subject to the limitations of § 3–207 of this subtitle, the Trust may improve, sell, convey, assign, lease, or otherwise transfer or dispose of any property, or interest in property, it holds, and enter into any contract, easement, or other legal arrangement incident thereto, including but not limited to, the authority to lease properties for various commercial and residential uses consistent with the purposes of the Trust on terms and conditions the trustees deem appropriate. Any lease the trustees make shall be in immediate furtherance of the purposes of the Trust and not merely for investment purposes. Notwithstanding any provision of law to the contrary, a lease the Trust makes may not be subject to redemption at the option of the tenant, unless expressly provided.
Md. Code, Health - General § 3-308 — MD Code / Article ghg / Title 3 / Subtitle 3 / Section 3-308
§3–308.
Status: in_force

If a health emergency exists, the Secretary may assign temporarily a health officer to another county or Baltimore City.
Md. Code, Courts and Judicial Proceedings § 3-1202.1 — MD Code / Article gcj / Title 3 / Subtitle 12 / Section 3-1202.1
§3–1202.
Status: in_force

§3–1202.1.

A person in control who is at fault is responsible for the expense of an emergency response, containment, cleanup, and abatement of a release or threatened release of hazardous materials at a fixed facility by a paid fire department.
Md. Code, Natural Resources § 3-105 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-105
§3–105.
Status: in_force

(a) The Service is responsible for carrying out the following general activities subject to the limitations stated in this section.

(b) Planning, integrating, and establishing geographic service regions and districts, in cooperation with affected municipalities and based upon approved State–county master plans for water and sewerage, and solid waste disposal as provided in the Environment Article, as well as other plans and studies permitted by this subtitle.

(c) Research and developmental studies and investigations into improved methods and techniques of water supply, liquid wastes, solid wastes, and energy generation, acquisition, transportation, processing, recycling, purification, disposal and management, and technical consultation and assistance to design, management, and operation personnel of the Service and, pursuant to an order or request, to appropriate municipalities or persons possessing similar responsibilities.

(d) To the extent appropriate in each instance, acquisition, design, construction, reconstruction, rehabilitation, improvement, operation, maintenance, and repair of a water supply project, wastewater purification project, and solid waste disposal project, pursuant to an order of the Secretary of the Environment as further provided in §§ 3–109 and 3–110 of this subtitle; or pursuant to a mandatory agreement to provide requested services, as provided in § 3–107 of this subtitle; or pursuant to an approved five–year plan, as provided in § 3–106 of this subtitle.

(e) Except upon request of a municipality and pursuant to a contract between the Service and the municipality, the Service may not acquire, construct, operate, or establish a wastewater purification project or solid waste disposal project, as the case may be, for (1) any area or district which, in the determination of the Secretary of the Environment, is receiving adequate service from a project owned by a municipality and operated in compliance with applicable laws and regulations; (2) any area or district which, in the determination of that Secretary, will receive, within a reasonable time, adequate service from a project owned by a municipality and operated in compliance with applicable laws and regulations; or (3) dredging or dredged material disposal projects.

(f) Execute the powers and perform the duties set forth in Title 7, Subtitle 4 of the Environment Article, including the financing, acquisition, leasing, and operation of hazardous waste disposal facilities.
Md. Code, Transportation § 3-201 — MD Code / Article gtr / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

By one or more resolutions of the Secretary, the Department may:

(1) Finance the cost of transportation facilities;

(2) Borrow money from time to time for that purpose; and

(3) Evidence the borrowing by the issuance and sale of bonds, notes, or other evidences of obligation on the terms, conditions, and limitations contained in this subtitle.
Md. Code, Courts and Judicial Proceedings § 3-8A-17 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-17
§3–8A–17.
Status: in_force

(a) After a petition or a citation has been filed with the court under this subtitle, the court may direct the Department of Juvenile Services or another qualified agency to make a study concerning the child, the child’s family, the child’s environment, and other matters relevant to the disposition of the case.

(b) As part of a study under this section, the child or any parent, guardian, or custodian may be examined at a suitable place by a physician, psychiatrist, psychologist, or other professionally qualified person.

(c) The report of a study under this section is admissible as evidence at a waiver hearing and at a disposition hearing, but not at an adjudicatory hearing. However, the attorney for each party has the right to inspect the report prior to its presentation to the court, to challenge or impeach its findings and to present appropriate evidence with respect to it.
Md. Code, Natural Resources § 3-120 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-120
§3–120.
Status: in_force

Any holder of bonds or notes issued under this subtitle and the trustee, except to the extent the rights herein given may be restricted by the trust agreement, either at law or in equity, by suit, action, mandamus or other proceedings, may protect and enforce any and all rights under the laws of the State or granted hereunder, or in the resolution authorizing the issuance of the bonds or notes, or under the trust agreement, and may enforce and compel the performance of all duties required by this subtitle, or in the resolution authorizing the issuance of the bonds or notes, or by the trust agreement, to be performed by the Service, or by any officer thereof, including the fixing, charging, and collecting of rentals and other rates, fees, and charges for the use of the projects.
Md. Code, Criminal Procedure § 3-118 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-118
§3–118.
Status: in_force

(a) Within 15 days after a judicial hearing ends or is waived, the court shall determine whether the evidence indicates that the committed person proved by a preponderance of the evidence eligibility for release, with or without conditions, in accordance with § 3–114 of this title, and enter an appropriate order containing a concise statement of the findings of the court, the reasons for those findings, and ordering:

(1) continued commitment;

(2) conditional release; or

(3) discharge from commitment.

(b) (1) If timely exceptions are not filed, and, on review of the report of recommendations from the Office, the court determines that the recommendations are supported by the evidence and a judicial hearing is not necessary, the court shall enter an order in accordance with the recommendations within 30 days after receiving the report from the Office.

(2) A court may not enter an order that is not in accordance with the recommendations from the Office unless the court holds a hearing or the hearing is waived.

(c) Unless the conditional release is extended under § 3–122 of this title, the court may not continue the conditions of a conditional release for more than 5 years.

(d) The court shall notify the Criminal Justice Information System Central Repository whenever it orders conditional release or discharge of a committed person.

(e) (1) An appeal from a District Court order shall be on the record in the circuit court.

(2) An appeal from a circuit court order shall be by application for leave to appeal to the Appellate Court of Maryland.
Md. Code, Correctional Services § 3-303 — MD Code / Article gcs / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

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

(2) “Evidence–based programs and practices” has the meaning stated in § 6–119 of this article.

(3) “Innovative programs and practices” has the meaning stated in § 6–119 of this article.

(b) The Commissioner shall make evidence–based and gender–responsive services available to female incarcerated individuals at the prerelease unit for women required under § 3–301 of this subtitle.

(c) The comprehensive rehabilitative prerelease services shall utilize evidence–based programs and practices and innovative programs and practices to:

(1) assist female incarcerated individuals in improving their education, upgrading vocational skills, and obtaining suitable employment through classes to earn industry certification or community college credits, workforce training, and job placement;

(2) provide female incarcerated individuals with the opportunity to strengthen family and community relationships through extended family leave, parenting workshops, and family reunification assistance;

(3) provide integrative and gender–responsive services, including medical treatment, trauma–informed counseling, mental health treatment, and substance use disorder treatment to address overall health and trauma needs and help female incarcerated individuals achieve stable and productive roles in society; and

(4) develop individualized and comprehensive reentry plans involving community provider partnerships for female incarcerated individuals to reduce barriers to obtaining housing, jobs, education, health care, childcare and child welfare, transportation, legal advocacy, case management, and other needs.
Md. Code, Correctional Services § 3-604 — MD Code / Article gcs / Title 3 / Subtitle 6 / Section 3-604
§3–604.
Status: reserved

(a) If an incarcerated individual is granted a rehearing or new trial by a court asserting jurisdiction over an offense for which the incarcerated individual is confined and the case record maintained under § 3–601 of this subtitle must be provided to the court or a correctional facility to which the incarcerated individual is transferred, the State shall reimburse the correctional facility or political subdivision for the cost of providing the record.

(b) The State shall make the payment described under subsection (a) of this section:

(1) through the Administrative Office of the Courts;

(2) after proper certification; and

(3) on a monthly basis.
Md. Code, Public Utilities § 3-109 — MD Code / Article gpu / Title 3 / Subtitle 1 / Section 3-109
§3–109.
Status: in_force

(a) On the request of a party to a proceeding in which a hearing is required or held, the Commission shall issue subpoenas to compel the attendance and testimony of witnesses and the production of documents at a hearing or deposition to be taken by the party.

(b) On its own motion, the Commission may issue a subpoena to compel the attendance and testimony of witnesses and the production of documents at a hearing or deposition to be taken by the Commission.

(c) A subpoena shall be signed and issued by a commissioner or the Executive Secretary of the Commission.

(d) (1) The Commission may exercise the full authority set forth in 42 U.S.C. § 16453(a) through (c) as if set forth in this article.

(2) Nothing in the grant of authority set forth in paragraph (1) of this subsection may be construed to preempt or limit any other authority of the Commission under this article.

(3) In addition to the authority granted to the Commission under federal law to enforce the provisions of 42 U.S.C. § 16453, the circuit courts of the State have jurisdiction to enforce compliance with this subsection.
Md. Code, Education § 3-108.1 — MD Code / Article ged / Title 3 / Subtitle 1 / Section 3-108.1
§3–108.
Status: in_force

§3–108.1.

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

(2) “Board” means the Baltimore City Board of School Commissioners of the Baltimore City Public School System.

(3) “Mayor” means the Mayor of Baltimore City.

(4) “Panel” means the Baltimore City Public School Board Community Panel.

(b) (1) There is a Baltimore City Public School Board Community Panel.

(2) The purpose of the panel is to select nominees to be recommended to the Mayor as qualified candidates for appointment to the board.

(3) The Mayor shall convene the panel.

(4) The panel may include a representative from each of the following organizations, appointed by the organization:

(i) The Baltimore Teachers Union;

(ii) The Mayor’s Office;

(iii) The Baltimore City Council Education and Youth Committee;

(iv) The Baltimore City Public School Administrators and Supervisors Association;

(v) The Maryland Alliance of Public Charter Schools;

(vi) The Downtown Baltimore Family Alliance;

(vii) The Fund for Educational Excellence;

(viii) A parent member of the PTA Council of Baltimore City;

(ix) The American Federation of State, County, and Municipal Employees (AFSCME);

(x) The Associated Student Congress of Baltimore City;

(xi) The American Civil Liberties Union;

(xii) The Parent and Community Advisory Board; and

(xiii) Disability Rights Maryland.

(5) The Mayor may reconvene the panel if the Mayor elects not to appoint a member from the list submitted by the panel under subsection (d)(1)(i) or (i)(6) of this section.

(c) There is a Baltimore City Board of School Commissioners of the Baltimore City Public School System.

(d) (1) The board consists of:

(i) Except as provided in paragraph (2) of this subsection, nine voting members appointed by the Mayor from a list of qualified individuals submitted to the Mayor by the panel;

(ii) Two elected voting members; and

(iii) One voting student member elected as provided in subsection (m) of this section.

(2) If the Mayor elects not to appoint a member from a list submitted by the panel under paragraph (1)(i) of this subsection, the Mayor shall reconvene the panel to submit additional names of qualified candidates.

(e) Each member of the board shall be a resident of Baltimore City.

(f) The two elected voting members shall be elected at large by the voters of Baltimore City.

(g) To the extent practicable, the appointed members of the board shall reflect the demographic composition of Baltimore City.

(h) (1) At least four of the appointed voting members shall possess a high level of knowledge and expertise concerning the successful administration of a large business, nonprofit, or governmental entity and shall have served in a high level management position within such an entity.

(2) At least three of the appointed voting members shall possess a high level of knowledge and expertise concerning education.

(3) At least one appointed voting member shall be a parent of a student enrolled in the Baltimore City Public School System as of the date of appointment of the member.

(4) (i) Among the appointed voting members, at least one member shall also possess knowledge or experience in the education of children with disabilities.

(ii) The knowledge or experience may be derived from being the parent of a child with a disability.

(i) (1) (i) The term of an appointed voting member is 3 years.

(ii) The term of an elected member is 4 years.

(2) The terms of the appointed voting members are staggered as required by the terms provided for the appointed members of the board on June 1, 1997.

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

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

(5) A voting member may not serve more than two consecutive full terms.

(6) (i) Except as provided in subparagraph (ii) of this paragraph, to the extent practicable, the Mayor shall fill any vacancy for an appointed or elected member on the board within 60 days of the date of the vacancy from a list of qualified individuals submitted to the Mayor by the panel.

(ii) If the Mayor elects not to appoint a member from a list submitted by the panel under subparagraph (i) of this paragraph, the Mayor shall reconvene the panel to submit additional names of qualified candidates.

(7) The elected members of the board shall be elected:

(i) At the general election in November 2022 and every 4 years thereafter; and

(ii) In accordance with Title 8, Subtitle 8 of the Election Law Article.

(j) (1) On the approval of the Mayor, an appointed member may be removed only for cause in accordance with § 3–108 of this subtitle.

(2) The State Board may remove an elected voting member for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Willful neglect of duty.

(k) Each member of the board serves without compensation.

(l) Beginning on July 1, 1999, and every 2 years thereafter, from among its voting members the board shall elect a chairman.

(m) (1) The student member shall be a student regularly enrolled in the student’s junior or senior year of high school in the Baltimore City Public School System who shall be elected by the high school students of the Baltimore City Public School System, in accordance with procedures established by the board in collaboration with the Associated Student Congress of Baltimore City.

(2) The term of a student member is 1 year.

(3) A student member may not serve more than two consecutive full terms.

(4) The student member may vote on matters before the board, including those relating to:

(i) Capital and operating budgets;

(ii) School closings, reopenings, and boundaries; and

(iii) Student disciplinary matters.

(5) The student member may not vote on matters before the board relating to personnel and collective bargaining decisions.

(6) The student member may attend or participate in an executive or special session of the board.

(n) Any action by the board shall require:

(1) A quorum of a majority of the voting members then serving; and

(2) The affirmative vote of a majority of the voting members then serving.
Md. Code, Education § 3-4A-04 — MD Code / Article ged / Title 3 / Subtitle 4A / Section 3-4A-04
§3–4A–04.
Status: in_force

(a) Subject to subsection (b) of this section, the members of the county board shall receive compensation set by the county council.

(b) (1) The president of the county board is entitled to receive a minimum of $5,500 annually.

(2) The other voting members of the county board are entitled to receive a minimum of $5,000 each annually.

(c) The president of the county board and other members are entitled to reimbursement not to exceed $1,000 a year for travel and other expenses.
Md. Code, Transportation § 3-308 — MD Code / Article gtr / Title 3 / Subtitle 3 / Section 3-308
§3–308.
Status: in_force

In any fiscal year, if the county fails to levy the tax authorized in its agreement with the Department and if the county’s share of highway user revenues is insufficient to meet the debt service on bonds in that year, the State Comptroller, notwithstanding the provisions of Title 8, Subtitle 4 of this article on the distribution of highway user revenues, may withhold from the share of highway user revenues payable to municipalities in the county an amount sufficient to pay the debt service on the bonds in that year.
Md. Code, Courts and Judicial Proceedings § 3-8A-14 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-14
§3–8A–14.
Status: in_force

(a) A child may be taken into custody under this subtitle by any of the following methods:

(1) Pursuant to an order of the court;

(2) By a law enforcement officer pursuant to the law of arrest;

(3) By a law enforcement officer or other person authorized by the court if the officer or other person has reasonable grounds to believe that the child is in immediate danger from the child’s surroundings and that the child’s removal is necessary for the child’s protection;

(4) By a law enforcement officer or other person authorized by the court if the officer or other person has reasonable grounds to believe that the child has run away from the child’s parents, guardian, or legal custodian; or

(5) In accordance with § 3–8A–14.1 of this subtitle.

(b) (1) (i) If a law enforcement officer takes a child into custody, the officer shall immediately notify, or cause to be notified, the child’s parents, guardian, or custodian in a manner reasonably calculated to give actual notice of the action.

(ii) The notice required under subparagraph (i) of this paragraph shall:

1. Include the child’s location;

2. Provide the reason for the child being taken into custody; and

3. Instruct the parent, guardian, or custodian on how to make immediate in–person contact with the child.

(2) After making every reasonable effort to give actual notice to a child’s parent, guardian, or custodian, the law enforcement officer shall with all reasonable speed:

(i) Release the child to the child’s parents, guardian, or custodian or to any other person designated by the court, upon their written promise to bring the child before the court when requested by the court, and such security for the child’s appearance as the court may reasonably require, unless the child’s placement in detention or shelter care is permitted and appears required by § 3–8A–15 of this subtitle; or

(ii) Deliver the child to the court or a place of detention or shelter care designated by the court.

(c) If a parent, guardian, or custodian fails to bring the child before the court when requested, the court may:

(1) Issue a writ of attachment directing that the child be taken into custody and brought before the court; and

(2) Proceed against the parent, guardian, or custodian for contempt.

(d) If a child is taken into custody under this subtitle by a law enforcement officer pursuant to the law of arrest, the law enforcement officer shall:

(1) Complete and forward a written complaint or citation to the Department of Juvenile Services for processing under § 3–8A–10 of this subtitle;

(2) If the child was referred to an at–risk youth prevention and diversion program, as defined in § 8–601 of the Human Services Article, complete and forward a written report to the Department of Juvenile Services indicating that the child was diverted to:

(i) A law enforcement diversion program, including a diversion program operated by a local State’s Attorney;

(ii) A diversion program operated by another agency or organization;

(iii) A local care team; or

(iv) Another community–based service provider; or

(3) Complete and forward a written report to the Department of Juvenile Services indicating that no further action was taken.

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

(ii) “Qualifying offense” has the meaning stated in § 8–302 of the Criminal Procedure Article.

(iii) “Sex trafficking” has the meaning stated in § 5–701 of the Family Law Article.

(iv) “Victim of human trafficking” has the meaning stated in § 8–302 of the Criminal Procedure Article.

(2) In addition to the requirements for reporting child abuse and neglect under § 5–704 of the Family Law Article, if a law enforcement officer has reason to believe that a child who has been detained is a victim of sex trafficking or a victim of human trafficking, the law enforcement officer shall, as soon as practicable:

(i) Notify an appropriate regional navigator, as defined in § 5–704.4 of the Family Law Article, for the jurisdiction where the child was taken into custody or where the child is a resident that the child is a suspected victim of sex trafficking or a suspected victim of human trafficking so the regional navigator can coordinate a service response;

(ii) Report to the local child welfare agency that the child is a suspected victim of sex trafficking or a suspected victim of human trafficking; and

(iii) Release the child to the child’s parents, guardian, or custodian if it is safe and appropriate to do so, or to the local child welfare agency if there is reason to believe that the child’s safety will be at risk if the child is returned to the child’s parents, guardian, or custodian.

(3) A law enforcement officer who takes a child who is a suspected victim of sex trafficking or a suspected victim of human trafficking into custody under subsection (a)(3) of this section may not detain the child in a juvenile detention facility, as defined under § 9–237 of the Human Services Article, if the reason for detaining the child is a suspected commission of a qualifying offense or § 3–1102 of the Criminal Law Article.

(f) The Supreme Court of Maryland may adopt rules concerning age–appropriate language to be used to advise a child who is taken into custody of the child’s rights.
Md. Code, Labor and Employment § 3-917 — MD Code / Article gle / Title 3 / Subtitle 9 / Section 3-917
§3–917.
Status: in_force

The Commissioner shall adopt regulations to carry out this subtitle.
Md. Code, Courts and Judicial Proceedings § 3-408 — MD Code / Article gcj / Title 3 / Subtitle 4 / Section 3-408
§3–408.
Status: in_force

Any person interested as or through a personal representative, trustee, guardian or other fiduciary, creditor, devisee, legatee, heir, next of kin, or beneficiary of a trust, in the administration of a trust, or of the estate of a decedent, a minor, a disabled person, or an insolvent, may have a declaration of rights or legal relations in respect to the trust or the estate of the decedent, minor, disabled person, or insolvent in order to:

(1) Ascertain any class of creditors, devisees, legatees, heirs, next of kin, or others;

(2) Direct the personal representative, guardian, or other fiduciary or trustees to do or abstain from doing any particular act in their fiduciary capacity; or

(3) Determine any question arising in the administration of the estate or trust, including questions of construction of wills and other writings.
Md. Code, Courts and Judicial Proceedings § 3-1901 — MD Code / Article gcj / Title 3 / Subtitle 19 / Section 3-1901
§3–1901.
Status: in_force

(a) (1) In an action against an owner of a dog for damages for personal injury or death caused by the dog, evidence that the dog caused the personal injury or death creates a rebuttable presumption that the owner knew or should have known that the dog had vicious or dangerous propensities.

(2) Notwithstanding any other law or rule, in a jury trial, the judge may not rule as a matter of law that the presumption has been rebutted before the jury returns a verdict.

(b) In an action against a person other than an owner of a dog for damages for personal injury or death caused by the dog, the common law of liability relating to attacks by dogs against humans that existed on April 1, 2012, is retained as to the person without regard to the breed or heritage of the dog.

(c) The owner of a dog is liable for any injury, death, or loss to person or property that is caused by the dog, while the dog is running at large, unless the injury, death, or loss was caused to the body or property of a person who was:

(1) Committing or attempting to commit a trespass or other criminal offense on the property of the owner;

(2) Committing or attempting to commit a criminal offense against any person; or

(3) Teasing, tormenting, abusing, or provoking the dog.

(d) This section does not affect:

(1) Any other common law or statutory cause of action; or

(2) Any other common law or statutory defense or immunity.
Md. Code, Business Occupations and Professions § 3-606 — MD Code / Article gbo / Title 3 / Subtitle 6 / Section 3-606
§3–606.
Status: in_force

If the Board believes that a person has violated § 3-601, § 3-602, § 3-603, or § 3-604 of this subtitle, the Board immediately shall report the alleged violation to the appropriate State’s Attorney or, if the alleged violation affects more than 1 county, to the Attorney General.
Md. Code, Courts and Judicial Proceedings § 3-2A-07 — MD Code / Article gcj / Title 3 / Subtitle 2A / Section 3-2A-07
§3–2A–07.
Status: in_force

(a) If the arbitration panel finds that the conduct of any party in maintaining or defending any action is in bad faith or without substantial justification, the panel may require the offending party, the attorney advising the conduct, or both, to pay to the adverse party the costs of the proceeding and reasonable expenses, including reasonable attorney’s fees, incurred by the adverse party in opposing it. A determination made under this subsection shall become part of the panel award and subject to judicial review.

(b) If a legal fee is in dispute, an attorney may not charge or collect compensation for services rendered in connection with an arbitration claim unless it is approved by the arbitration panel, or by the court in the event an action to nullify a panel determination has been filed therein.
Md. Code, Courts and Judicial Proceedings § 3-2104 — MD Code / Article gcj / Title 3 / Subtitle 21 / Section 3-2104
§3–2104.
Status: in_force

This subtitle may be cited as the Offshore Drilling Liability Act.
Md. Code, Public Safety § 3-411 — MD Code / Article gps / Title 3 / Subtitle 4 / Section 3-411
§3–411.
Status: in_force

An appointment issued under this subtitle remains in effect until:

(1) terminated by the railroad company that employs the railroad police officer; or

(2) revoked for cause by the Governor.
Md. Code, Labor and Employment § 3-306.1 — MD Code / Article gle / Title 3 / Subtitle 3 / Section 3-306.1
§3–306.
Status: in_force

§3–306.1.

(a) Whenever the Commissioner determines that this subtitle has been violated, the Commissioner shall:

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

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

(b) The Attorney General may bring an action under this section in the county where the violation allegedly occurred for injunctive relief, damages, or other relief.
Md. Code, Business Regulation § 3-207 — MD Code / Article gbr / Title 3 / Subtitle 2 / Section 3-207
§3–207.
Status: in_force

(a) The Commissioner may bring an action in a court of competent jurisdiction to enforce an order passed or regulation adopted under this subtitle.

(b) Subject to § 3-302 of the State Finance and Procurement Article, on request of the Commissioner, the Attorney General may proceed in a State or federal court or before any other federal unit to enforce a decision or order of the Commissioner under this title.

(c) A court shall hear the action promptly.

(d) A regulation that the Commissioner adopts under this subtitle:

(1) is prima facie lawful and reasonable; and

(2) may not be held invalid because of a technical defect, if there is substantial compliance with this title.
Md. Code, Natural Resources § 3-121 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-121
§3–121.
Status: in_force

Bonds and notes issued under this subtitle are securities in which all public officers and public units of the State and its political subdivisions and all banks, trust companies, savings and loan associations, investment companies, and others carrying on a banking business, all insurance companies, insurance associations, and others carrying on an insurance business, all personal representatives, guardians, trustees, and other fiduciaries, and all other persons may legally and properly invest funds, including capital in their control or belonging to them. The bonds and notes are securities which may properly and legally be deposited with and received by any State or municipal officer or any unit or political subdivision of the State for any purpose for which the deposit of bonds or other obligations of the State is authorized by law.
Md. Code, Courts and Judicial Proceedings § 3-223 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-223
§3–223.
Status: in_force

(a) A petition to modify or correct the award shall be filed within 90 days after delivery of a copy of the award to the applicant.

(b) The court shall modify or correct the award if:

(1) There was an evident miscalculation of figures or an evident mistake in the description of any person, thing, or property referred to in the award;

(2) The arbitrators have awarded upon a matter not submitted to them and the award may be corrected without affecting the merits of the decision upon the issues submitted; or

(3) The award is imperfect in a matter of form, not affecting the merits of the controversy.

(c) If the petition is granted, the court shall modify or correct the award to effect its intent and confirm the award as modified or corrected. Otherwise, the court shall confirm the award as made.

(d) An application to modify or correct an award may be joined, in the alternative, with an application to vacate the award.
Md. Code, Commercial Law § 3-106 — MD Code / Article gcl / Title 3 / Subtitle 1 / Section 3-106
§3–106.
Status: in_force

(a) Except as provided in this section, for the purposes of § 3-104(a), a promise or order is unconditional unless it states (i) an express condition to payment, (ii) that the promise or order is subject to or governed by another writing, or (iii) that rights or obligations with respect to the promise or order are stated in another writing. A reference to another writing does not of itself make the promise or order conditional.

(b) A promise or order is not made conditional (i) by a reference to another writing for a statement of rights with respect to collateral, prepayment, or acceleration, or (ii) because payment is limited to resort to a particular fund or source.

(c) If a promise or order requires, as a condition to payment, a countersignature by a person whose specimen signature appears on the promise or order, the condition does not make the promise or order conditional for the purposes of § 3-104(a). If the person whose specimen signature appears on an instrument fails to countersign the instrument, the failure to countersign is a defense to the obligation of the issuer, but the failure does not prevent a transferee of the instrument from becoming a holder of the instrument.

(d) If a promise or order at the time it is issued or first comes into possession of a holder contains a statement, required by applicable statutory or administrative law, to the effect that the rights of a holder or transferee are subject to claims or defenses that the issuer could assert against the original payee, the promise or order is not thereby made conditional for the purposes of § 3-104(a); but if the promise or order is an instrument, there cannot be a holder in due course of the instrument.
Md. Code, Real Property § 3-702 — MD Code / Article grp / Title 3 / Subtitle 7 / Section 3-702
§3–702.
Status: in_force

(a) If a law requires, as a condition for recording, that a document be an original, in writing, or on paper or another tangible medium, an electronic document satisfying the requirements of this subtitle satisfies the law.

(b) If a law requires, as a condition for recording, that a document be signed, an electronic signature satisfies the law.

(c) A requirement that a document or signature associated with a document be notarized, acknowledged, verified, witnessed, or made under oath is satisfied if the electronic signature of the person authorized to perform that act and all other required information is attached to or logically associated with the document or signature.
Md. Code, Labor and Employment § 3-216 — MD Code / Article gle / Title 3 / Subtitle 2 / Section 3-216
§3–216.
Status: in_force

(a) A person may not:

(1) interfere with or hinder the performance of any duty of the Commissioner under this subtitle; or

(2) knowingly give false information to the Commissioner.

(b) A person may not knowingly:

(1) employ a minor in violation of a provision of this subtitle; or

(2) allow a minor to be employed in violation of a provision of this subtitle.

(c) (1) A person who violates any provision of subsection (a) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 90 days or both.

(2) A person who violates any provision of subsection (b) of this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $10,000 or imprisonment not exceeding 1 year or both.
Md. Code, Estates and Trusts § 3-109 — MD Code / Article get / Title 3 / Subtitle 1 / Section 3-109
§3–109.
Status: in_force

A person who is related to the decedent through two lines of relationship is entitled to only a single share based on the relationship which would entitle the person to the larger share.
Md. Code, Courts and Judicial Proceedings § 3-1205 — MD Code / Article gcj / Title 3 / Subtitle 12 / Section 3-1205
§3–1205.
Status: in_force

(a) In this section, “farm vehicle” has the meaning stated in § 13-911 of the Transportation Article.

(b) This subtitle does not apply to a release of hazardous materials from a farm vehicle that is involved in a traffic accident.

(c) This section does not abrogate any statutory or common law right or cause of action of a person against the owner or operator of a farm vehicle that has been involved in a traffic accident involving a release of hazardous materials.