Md. Code, Natural Resources § 10-902 — MD Code / Article gnr / Title 10 / Subtitle 9 / Section 10-902
§10–902.
Status: in_force

(a) Any person desiring to possess, import, export, breed, raise, protect, rehabilitate, hunt, kill, trap, capture, purchase, or sell any wildlife native to Maryland, shall first obtain a permit or license from the Department.

(b) The Secretary shall establish by regulation:

(1) The types and classes of permits and licenses which shall be issued;

(2) The species of wildlife exempt from the permit and license requirement;

(3) Sanitary housing or any other conditions which are necessary for the humane, safe, and healthy possession of wildlife;

(4) Conditions under which captive wildlife may be hunted or released to the wild; and

(5) Record keeping requirements.

(c) The Secretary shall charge a reasonable fee for each permit or license.
Md. Code, Business Occupations and Professions § 10-312 — MD Code / Article gbo / Title 10 / Subtitle 3 / Section 10-312
§10–312.
Status: in_force

(a) The trustees appointed under § 10-311 of this subtitle shall:

(1) receive contributions to the Fund; and

(2) manage the assets of the Fund.

(b) To the extent the trustees consider reimbursement proper and reasonable, the trustees may use the Fund to reimburse a person for a loss that was caused by a defalcation of a lawyer if:

(1) the lawyer caused the loss while acting for the person as an attorney at law or a fiduciary; and

(2) the person cannot recover the money under a bond.

(c) The trustees may enforce a claim for restitution arising by subrogation, assignment, or otherwise against any person whose actions gave rise to a claim that the Fund pays.
Md. Code, State Government § 10-1402 — MD Code / Article gsg / Title 10 / Subtitle 14 / Section 10-1402
§10–1402.
Status: in_force

(a) Except as provided in subsection (d) of this section, as a condition on the issuance or renewal of a license, a licensing authority may require an individual applying for a license to disclose whether the individual has been convicted of a drug crime committed on or after January 1, 1991.

(b) Subject to § 10–1405 of this subtitle, if an individual applying for a license has been convicted of a drug crime committed on or after January 1, 1991, a licensing authority may:

(1) refuse to issue a license to the individual; or

(2) issue a license to the individual subject to any terms and conditions that the licensing authority considers appropriate under § 10–1404 of this subtitle.

(c) A licensing authority may suspend or revoke a licensee’s license if the licensee fails to disclose information that the licensing authority requires under subsection (a) of this section, unless the licensee shows good cause for the failure to disclose.

(d) If a licensing authority, on or before January 1, 1990, required an applicant for an initial license or a license renewal to disclose a criminal record or prior offense related to a controlled dangerous substance, this section may not be construed to prohibit the licensing authority from:

(1) continuing to require an applicant to disclose a criminal record or prior offense related to a controlled dangerous substance, regardless of the date of the offense; and

(2) taking any action authorized by law, including refusing to issue a license, if the applicant:

(i) discloses a criminal record or prior offense related to a controlled dangerous substance; or

(ii) wrongfully conceals a criminal record or prior offense related to a controlled dangerous substance.
Md. Code, Courts and Judicial Proceedings § 10-925 — MD Code / Article gcj / Title 10 / Subtitle 9 / Section 10-925
§10–925.
Status: in_force

(a) In this section, “sexually assaultive behavior” has the meaning stated in § 10–923 of this subtitle.

(b) Information that physical evidence of sexually assaultive behavior was obtained using materials that were sold, offered for sale, or distributed in a manner that would constitute a violation of § 14–4602 of the Commercial Law Article is not admissible in a criminal or civil proceeding involving an allegation of sexually assaultive behavior.

(c) This section may not be construed to require a court to admit physical evidence.
Md. Code, Economic Development § 10-302 — MD Code / Article gec / Title 10 / Subtitle 3 / Section 10-302
§10–302.
Status: in_force

(a) This subtitle is necessary for the welfare of the State and its residents and shall be construed liberally to accomplish its purposes.

(b) This subtitle:

(1) is supplemental authorization and is in addition to the powers conferred by other laws; and

(2) does not derogate any powers.
Md. Code, Natural Resources § 10-405 — MD Code / Article gnr / Title 10 / Subtitle 4 / Section 10-405
§10–405.
Status: in_force

(a) (1) Pursuant to § 10–205 of this title, the Department shall establish by regulation and publish by July 1 each year the open season to hunt forest and upland game birds and mammals.

(2) Except as provided under § 10–410 of this subtitle, the Department may not authorize hunting on a Sunday.

(3) (i) 1. Subject to subsubparagraph 2 of this subparagraph, the Department shall establish by regulation by July 1 of each year a junior deer hunt to occur on a Saturday and Sunday on the same weekend during a deer hunting season.

2. The regulations adopted under this subparagraph may not authorize the junior deer hunt to occur on a Sunday in a county in which deer hunting is not authorized for that Sunday.

(ii) A person may participate in the junior deer hunt if the person:

1. Is under the age of 17 years;

2. Possesses a valid hunting license or is exempt from hunting license requirements; and

3. Is accompanied by a person who:

A. Is at least 21 years old;

B. Possesses a valid hunting license or is exempt from hunting license requirements; and

C. Is not in possession of a firearm, a bow, or any other hunting device.

(iii) A person who participates in the junior deer hunt may use a firearm to hunt deer on the days of the hunt.

(b) If the Department by regulation pursuant to § 10-205 of this title restricts or reduces the number of days normally allowed to hunt, possess, sell, purchase, ship, transport, carry, or export any game bird or mammal because of an emergency situation, the Department may extend the open season to provide a comparable number of days in any given season.

(c) The Department shall establish by regulation the maximum open season for hunting crows which is permissible under federal law, and shall include in its regulations such provisions as are permitted under federal law for control of crows at any time they are found to be committing or about to commit depredation upon ornamental or shade trees, agricultural crops, livestock or wildlife, or when concentrated in such numbers and manner as to constitute a health hazard or other nuisance.
Md. Code, Courts and Judicial Proceedings § 10-406 — MD Code / Article gcj / Title 10 / Subtitle 4 / Section 10-406
§10–406.
Status: in_force

(a) The Attorney General, State Prosecutor, or any State’s Attorney may apply to a judge of competent jurisdiction, and the judge, in accordance with the provisions of § 10–408 of this subtitle, may grant an order authorizing the interception of wire, oral, or electronic communications by investigative or law enforcement officers when the interception may provide or has provided evidence of the commission of:

(1) Murder;

(2) Kidnapping;

(3) Rape;

(4) A sexual offense in the first or second degree;

(5) Child abuse in the first or second degree;

(6) Child pornography under § 11–207, § 11–208, or § 11–208.1 of the Criminal Law Article;

(7) Gambling;

(8) Robbery under § 3–402 or § 3–403 of the Criminal Law Article;

(9) A felony under Title 6, Subtitle 1 of the Criminal Law Article;

(10) Bribery;

(11) Extortion;

(12) Dealing in a controlled dangerous substance, including a violation of § 5–617 or § 5–619 of the Criminal Law Article;

(13) A fraudulent insurance act, as defined in Title 27, Subtitle 4 of the Insurance Article;

(14) An offense relating to destructive devices under § 4–503 of the Criminal Law Article;

(15) A human trafficking offense under Title 3, Subtitle 11 of the Criminal Law Article;

(16) Sexual solicitation of a minor under § 3–324 of the Criminal Law Article;

(17) An offense relating to obstructing justice under § 9–302, § 9–303, or § 9–305 of the Criminal Law Article;

(18) Sexual abuse of a minor under § 3–602 of the Criminal Law Article;

(19) A theft scheme or continuing course of conduct under § 7–103(f) of the Criminal Law Article involving an aggregate value of property or services of at least $10,000;

(20) Abuse or neglect of a vulnerable adult under § 3–604 or § 3–605 of the Criminal Law Article;

(21) An offense relating to Medicaid fraud under §§ 8–509 through 8–515 of the Criminal Law Article;

(22) An offense involving a firearm under § 5–134, § 5–136, § 5–138, § 5–140, § 5–141, or § 5–144 of the Public Safety Article; or

(23) A conspiracy or solicitation to commit an offense listed in items (1) through (22) of this subsection.

(b) No application or order shall be required if the interception is lawful under the provisions of § 10-402(c) of this subtitle.
Md. Code, Criminal Procedure § 10-250 — MD Code / Article gcp / Title 10 / Subtitle 2 / Section 10-250
§10–250.
Status: in_force

The Secretary of the Department of Public Safety and Correctional Services shall designate a Compact officer in accordance with Section 10-239 of this subtitle.
Md. Code, Family Law § 10-364 — MD Code / Article gfl / Title 10 / Subtitle 3 / Section 10-364
§10–364.
Status: in_force

(a) A tribunal of this State may not modify a Convention child support order if the obligee remains a resident of the foreign country where the support order was issued unless:

(1) the obligee submits to the jurisdiction of a tribunal of this State, either expressly or by defending on the merits of the case without objecting to the jurisdiction at the first available opportunity; or

(2) the foreign tribunal lacks or refuses to exercise jurisdiction to modify its support order or issue a new support order.

(b) If a tribunal of this State does not modify a Convention child support order because the order is not recognized in this State, § 10–361(c) of this subtitle applies.
Md. Code, Health - General § 10-429 — MD Code / Article ghg / Title 10 / Subtitle 4 / Section 10-429
§10–429.
Status: in_force

The technical review committee shall:

(1) Provide peer review over research activities at the Center;

(2) Serve in an advisory capacity to the Executive Board and the Superintendent of the Center; and

(3) Submit an annual report to the Executive Board.
Md. Code, Natural Resources § 10-513 — MD Code / Article gnr / Title 10 / Subtitle 5 / Section 10-513
§10–513.
Status: in_force

In addition to any other penalty provided by the provisions of this title, any person convicted of violating any provision of this subtitle shall be fined $5 for each wild bird or wild quadruped or any part of them mounted or possessed for mounting.
Md. Code, Natural Resources § 10-404 — MD Code / Article gnr / Title 10 / Subtitle 4 / Section 10-404
§10–404.
Status: in_force

(a) In this section, “officially inspected” means venison inspected and passed in accordance with standards established by the:

(1) U.S. Department of Agriculture (USDA); or

(2) U.S. Food and Drug Administration (FDA).

(b) (1) Notwithstanding the provisions of subsections (c) through (e) of this section, a person may import, sell, offer for sale, purchase, offer to purchase, barter, or exchange domestically raised, officially inspected, and processed venison that the person lawfully obtains, other than white–tailed and sika venison.

(2) A person who imports, sells, or offers for sale venison shall maintain records documenting the lawful origin of any venison imported or sold, including the species of deer, country or state of origin, the person from whom the venison was obtained, date of delivery, by whom the venison was officially inspected, and quantity of venison.

(3) These records shall be kept by the importer or seller at the importer’s or seller’s place of business for a period of 1 year following delivery of the venison.

(4) The importer or seller shall allow the Department to inspect these records at the importer’s or seller’s place of business at any reasonable time.

(5) This subsection does not exempt a person who imports, sells, or offers for sale venison from applicable provisions of Title 21, Subtitles 2 and 3 of the Health – General Article.

(c) (1) A person may not hunt or attempt to hunt any game bird or mammal except during open season.

(2) Except as provided in this section or as authorized under Subtitle 5 or Subtitle 9 of this title, a person may not possess any game bird or mammal during any closed season whether hunted in the State or in another state, territory, or country.

(3) A person may possess:

(i) A dead game bird or dead game mammal legally acquired for use as food;

(ii) A mounted specimen of a game bird or game mammal legally acquired for personal use;

(iii) Hair, antlers, feathers, feet, or skin of game birds or game mammals legally acquired for personal use; or

(iv) Deer antlers that have been manufactured into an article of commerce.

(d) A person may ship or bring into the State by express or as baggage any game bird or game mammal the person legally killed in any other state, territory, or country. The game bird or game mammal shall be accompanied by a copy of the hunter’s license and any necessary permit of the state, territory, or country in which the game bird or game mammal was killed. If the state, territory, or country does not require documentation, then the game bird or game mammal shall be accompanied by a statement indicating the owner of the specimen, the owner’s address, and the state, territory, or country of origin.

(e) (1) Except as provided in paragraphs (2) and (3) of this subsection or § 10–512(a)(2)(ii) of this title, a person may not sell, offer for sale, barter, or exchange, at any time within the State any game bird or game mammal taken from the wild, in the State or in another state, territory, or country.

(2) The prohibitions of paragraph (1) of this subsection do not apply to the:

(i) Meat, pelt, carcass, or mounted specimen of any beaver, coyote, fisher, fox, mink, muskrat, nutria, opossum, otter, raccoon, skunk, or long–tailed weasel legally taken by the person;

(ii) Hide, hair, tail, or feet, excluding a mounted specimen of deer, squirrel, or rabbit legally acquired;

(iii) Feathers, skin, or feet, excluding a mounted specimen of upland and forest game birds legally acquired;

(iv) Except as prohibited by federal law, feathers of wetland game birds legally acquired;

(v) Antlers of deer legally acquired in another state and manufactured into an article of commerce in another state; or

(vi) Legally acquired mounted specimen of a game bird, excluding a migratory game bird, or game mammal, if the original owner is deceased and the specimen is part of the personal property of an owner whose estate is being liquidated or distributed.

(3) Notwithstanding paragraph (1) of this subsection, a person may receive a raffle ticket for each antlerless deer hunted by the person during a raffle program that:

(i) Is held during January;

(ii) Has as its objective the hunting of antlerless deer; and

(iii) Was previously held at least once from January 1, 2020, through January 30, 2024, inclusive.

(f) Nothing in this section may be construed as allowing deer farming for the purpose of selling deer meat.

(g) Except as authorized under Subtitle 5 or Subtitle 9 of this title, a person may not purchase, offer to purchase, barter, or exchange any game bird or game mammal or any part of a game bird or game mammal if the sale, offer for sale, barter, or exchange is prohibited by this section.
Md. Code, Tax - General § 10-106 — MD Code / Article gtg / Title 10 / Subtitle 1 / Section 10-106
§10–106.
Status: in_force

(a) (1) Each county shall set, by ordinance or resolution, a county income tax equal to at least 2.25% but not more than 3.30% of an individual’s Maryland taxable income for a taxable year beginning after December 31, 2001.

(2) A county income tax rate continues until the county changes the rate by ordinance or resolution.

(3) (i) A county may not increase its county income tax rate above 2.6% until after the county has held a public hearing on the proposed act, ordinance, or resolution to increase the rate.

(ii) The county shall publish at least once each week for 2 successive weeks in a newspaper of general circulation in the county:

1. notice of the public hearing; and

2. a fair summary of the proposed act, ordinance, or resolution to increase the county income tax rate above 2.6%.

(4) Notwithstanding paragraph (1) or (2) of this subsection, in Howard County, the county income tax rate may be changed only by ordinance and not by resolution.

(b) If a county changes its county income tax rate, the county shall:

(1) increase or decrease the rate in increments of one one–hundredth of a percentage point, effective on January 1 of the year that the county designates; and

(2) give the Comptroller notice of the rate or income bracket change and the effective date of the rate or income bracket change on or before July 1 prior to its effective date.

(c) (1) For any county income tax rate that is effective on or after January 1, 2022, the county may apply the county income tax on a bracket basis.

(2) A county that imposes the county income tax on a bracket basis:

(i) shall set, by ordinance or resolution, the income brackets that apply to each income tax rate;

(ii) may set income brackets that differ from the income brackets to which the State income tax applies;

(iii) may not set a minimum income tax rate less than 2.25% of an individual’s Maryland taxable income; and

(iv) may not apply an income tax rate to a higher income bracket that is less than the income tax rate applied to a lower income bracket.

(3) A county may request information from the Comptroller to assist the county in determining income brackets and applicable income tax rates that are revenue–neutral for the county.
Md. Code, State Finance and Procurement § 10A-404 — MD Code / Article gsf / Title 10A / Subtitle 4 / Section 10A-404
§10A–404.
Status: in_force

(a) The findings and evidence relied on by the General Assembly for the continuation of the Minority Business Enterprise Program under Title 14, Subtitle 3 of this article are hereby incorporated.

(b) To the extent practicable and permitted by the United States Constitution, the provisions of the Minority Business Enterprise Program under Title 14, Subtitle 3 of this article shall apply to public–private partnerships established under this title.

(c) (1) The Board of Public Works may not approve a public–private partnership agreement under § 10A–203 of this title until the reporting agency, in consultation with the Governor’s Office of Small, Minority, and Women Business Affairs, the Office of the Attorney General, and the private entity, if permissible, establishes reasonable and appropriate minority business enterprise participation goals and procedures for the project.

(2) To the extent practicable, goals and procedures established under paragraph (1) of this subsection shall be based on the requirements of Title 14, Subtitle 3 of this article, including the implementation of regulations adopted under §§ 14–302 and 14–303 of this article.
Md. Code, Business Occupations and Professions § 10-206 — MD Code / Article gbo / Title 10 / Subtitle 2 / Section 10-206
§10–206.
Status: in_force

(a) Except as otherwise provided by law, before an individual may practice law in the State, the individual shall:

(1) be admitted to the Bar; and

(2) meet any requirement that the Supreme Court of Maryland may set by rule.

(b) This section does not apply to:

(1) a person while representing a landlord in a summary ejectment or a rent escrow proceeding in the District Court of Maryland;

(2) a person while representing a tenant in a summary ejectment or a rent escrow proceeding in the District Court of Maryland if the person is:

(i) a law student practicing in a clinical law program at a law school accredited by the American Bar Association with the in–court supervision of a faculty member; or

(ii) employed by a nonprofit organization receiving grants from the Maryland Legal Services Corporation and:

1. the person has training and experience;

2. the person is supervised by a lawyer; and

3. the supervising lawyer’s appearance is entered in the proceeding;

(3) an insurance company while defending an insured through staff counsel;

(4) an officer of a corporation, an employee designated by an officer of a corporation, a partner in a business operated as a partnership or an employee designated by a partner, a member of a limited liability company or an employee designated by a member of a limited liability company, or an employee designated by the owner of a business operated as a sole proprietorship while the officer, partner, member, or employee is appearing on behalf of the corporation, partnership, limited liability company, or business in a civil action in the District Court of Maryland or an appeal from the District Court of Maryland if:

(i) the action or appeal:

1. is based on a claim that does not exceed the amount set under § 4–405 of the Courts Article for a small claim action; and

2. is not based on an assignment, to the corporation, partnership, or business, of the claim of another;

(ii) in the case of a designated employee, the employee:

1. is not assigned on a full–time basis to appear in the District Court on behalf of the corporation, partnership, or business;

2. provides the court a power of attorney sworn to by the employer that certifies that the designated employee is an authorized agent of the corporation, partnership, limited liability company, or sole proprietorship and may bind the corporation, partnership, limited liability company, or sole proprietorship on matters pending before the court; and

3. is not an individual who is disbarred or suspended as a lawyer in any state; and

(iii) the corporation, partnership, limited liability company, or business does not contract, hire, or employ another business entity to provide appearance services;

(5) an individual who is authorized by a county employee to represent the employee at any step of the county’s grievance procedure; or

(6) a director or an officer of a common ownership community while representing the common ownership community in a dispute, hearing, or other matter before a board or commission established to oversee one or more of the following common ownership communities:

(i) a development subject to a declaration enforced by a homeowners association as defined in § 11B–101 of the Real Property Article;

(ii) a residential condominium as defined in § 11–101 of the Real Property Article; or

(iii) a cooperative housing corporation as defined in § 5–6B–01 of the Corporations and Associations Article.

(c) (1) In this subsection, “practice patent law”:

(i) means to perform professional services that the Patent and Trademark Office requires to be performed by an individual registered to practice before that Office; and

(ii) includes preparing a copyright application or assignment and submitting it to the Copyright Office of the Library of Congress.

(2) While there is a Patent and Trademark Office in the State, an individual may practice patent law in the State if the individual is:

(i) authorized to practice law in any other state; and

(ii) registered to practice patent law before the Patent and Trademark Office.

(3) Unless otherwise authorized under this title, an individual who practices patent law under this subsection may not:

(i) appear as an attorney at law in a court; or

(ii) practice law generally in the State.

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

(ii) “Affiliate” means a person that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with an employer.

(iii) “Control” means the possession, directly or indirectly, of the power to direct or cause the direction of, whether through the ownership of voting securities, by contract, or by some other means, the management and policies of a person.

(2) Subject to paragraph (3) of this subsection, this section does not apply to an individual who is admitted to the bar of any other state, while giving legal advice to the individual’s employer or the employer’s organizational affiliates.

(3) An individual who gives legal advice under this subsection:

(i) is subject to disciplinary proceedings as the Maryland Rules provide; and

(ii) may not appear before a unit of the State government or of a political subdivision unless a court grants the individual a special admission in accordance with § 10–215 of this subtitle.
Md. Code, State Government § 10-222 — MD Code / Article gsg / Title 10 / Subtitle 2 / Section 10-222
§10–222.
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, a party who is aggrieved by the final decision in a contested case is entitled to judicial review of the decision as provided in this section.

(2) An agency, including an agency that has delegated a contested case to the Office, is entitled to judicial review of a decision as provided in this section if the agency was a party before the agency or the Office.

(b) Where the presiding officer has final decision–making authority, a person in a contested case who is aggrieved by an interlocutory order is entitled to judicial review if:

(1) the party would qualify under this section for judicial review of any related final decision;

(2) the interlocutory order:

(i) determines rights and liabilities; and

(ii) has immediate legal consequences; and

(3) postponement of judicial review would result in irreparable harm.

(c) Unless otherwise required by statute, a petition for judicial review shall be filed with the circuit court for the county where any party resides or has a principal place of business.

(d) (1) The court may permit any other interested person to intervene in a proceeding under this section.

(2) If the agency has delegated to the Office the authority to issue the final administrative decision pursuant to § 10–205(a)(3) of this subtitle, and there are 2 or more other parties with adverse interests remaining in the case, the agency may decline to participate in the judicial review. An agency that declines to participate shall inform the court in its initial response.

(e) (1) The filing of a petition for judicial review does not automatically stay the enforcement of the final decision.

(2) Except as otherwise provided by law, the final decision maker may grant or the reviewing court may order a stay of the enforcement of the final decision on terms that the final decision maker or court considers proper.

(f) (1) Judicial review of disputed issues of fact shall be confined to the record for judicial review supplemented by additional evidence taken pursuant to this section.

(2) The court may order the presiding officer to take additional evidence on terms that the court considers proper if:

(i) before the hearing date in court, a party applies for leave to offer additional evidence; and

(ii) the court is satisfied that:

1. the evidence is material; and

2. there were good reasons for the failure to offer the evidence in the proceeding before the presiding officer.

(3) On the basis of the additional evidence, the final decision maker may modify the findings and decision.

(4) The final decision maker shall file with the reviewing court, as part of the record:

(i) the additional evidence; and

(ii) any modifications of the findings or decision.

(g) (1) The court shall conduct a proceeding under this section without a jury.

(2) A party may offer testimony on alleged irregularities in procedure before the presiding officer that do not appear on the record.

(3) On request, the court shall:

(i) hear oral argument; and

(ii) receive written briefs.

(h) In a proceeding under this section, the court may:

(1) remand the case for further proceedings;

(2) affirm the final decision; or

(3) reverse or modify the decision if any substantial right of the petitioner may have been prejudiced because a finding, conclusion, or decision:

(i) is unconstitutional;

(ii) exceeds the statutory authority or jurisdiction of the final decision maker;

(iii) results from an unlawful procedure;

(iv) is affected by any other error of law;

(v) is unsupported by competent, material, and substantial evidence in light of the entire record as submitted;

(vi) in a case involving termination of employment or employee discipline, fails to reasonably state the basis for the termination or the nature and extent of the penalty or sanction imposed by the agency; or

(vii) is arbitrary or capricious.

(i) The court or an officer of the court may not charge a fee to an individual petitioning for judicial review to a circuit court from an Office decision in a Medicaid fair hearing contested case proceeding.
Md. Code, Insurance § 10-306 — MD Code / Article gin / Title 10 / Subtitle 3 / Section 10-306
§10–306.
Status: in_force

The Commissioner shall set licensing fees that are sufficient to cover the expenses of licensing bail bondsmen under this subtitle.
Md. Code, Insurance § 10-603 — MD Code / Article gin / Title 10 / Subtitle 6 / Section 10-603
§10–603.
Status: in_force

(a) The Commissioner shall issue to a motor vehicle rental company, or a franchisee of a motor vehicle rental company, a limited lines license authorizing the motor vehicle rental company to offer or sell insurance in connection with, and incidental to, the rental of a vehicle if the motor vehicle rental company:

(1) meets the requirements of § 10-604 of this subtitle;

(2) pays the fees for insurance producers required under § 2-112 of this article that are applicable to an insurance producer license; and

(3) submits to the Commissioner any additional information or documentation that the Commissioner requires, including any information or documentation to determine the professional competence, good character, and trustworthiness of the motor vehicle rental company.

(b) A limited lines license to sell insurance in connection with, and incidental to, the rental of a vehicle issued under this subtitle is subject to the same term and renewal conditions specified for an insurance producer license under § 10–115 of this title.
Md. Code, Corporations and Associations § 10-405 — MD Code / Article gca / Title 10 / Subtitle 4 / Section 10-405
§10–405.
Status: in_force

The partnership agreement may grant to all or certain identifiable general partners the right to vote (on a per capita or any other basis), separately or with all or any class of the limited partners, on any matter.
Md. Code, Courts and Judicial Proceedings § 10-503 — MD Code / Article gcj / Title 10 / Subtitle 5 / Section 10-503
§10–503.
Status: in_force

The determination of the laws shall be made by the court and not by the jury, and shall be reviewable. The court shall grant instructions to the jury, applying foreign law to the facts of the case as if the foreign law were domestic law. In nonjury proceedings the court shall apply foreign law to the facts of the case, as would be proper if foreign law were domestic law.
Md. Code, Commercial Law § 10-106 — MD Code / Article gcl / Title 10 / Subtitle 1 / Section 10-106
§10–106.
Status: in_force

The provisions of § 10-102 as amended shall continue to apply to this act and for this purpose the original Code and this act shall be considered one continuous statute.
Md. Code, Tax - Property § 10-204.6 — MD Code / Article gtp / Title 10 / Subtitle 2 / Section 10-204.6
§10–204.
Status: in_force

§10–204.6.

(a) Notwithstanding Subtitle 1 of this title, the governing body of Anne Arundel County may authorize, by law, a payment deferral of the county property tax for residential real property occupied as the principal residence of the owner, the provisions of which shall comply with the provisions of subsections (b) through (h) of this section.

(b) An owner is eligible for a payment deferral under subsection (a) of this section if the owner or at least one of the owners:

(1) has resided in the dwelling for a period of at least 5 consecutive years;

(2) (i) is at least 62 years of age;

(ii) has been found permanently and totally disabled and has qualified for benefits under:

1. the Social Security Act;

2. the Railroad Retirement Act;

3. any federal act for members of the United States armed forces; or

4. any federal retirement system; or

(iii) has been found permanently and totally disabled by a county health officer or the Baltimore City Commissioner of Health; and

(3) meets the income eligibility requirements determined under subsection (c) of this section.

(c) If the governing body of Anne Arundel County authorizes a payment deferral under this section, the governing body shall specify:

(1) the amount of the tax that may be deferred, not exceeding the increase in the county property tax from the date the taxpayer elects to defer the payment of the tax;

(2) the duration of the payment deferral under subsection (a) of this section;

(3) restrictions on the amount of the real property eligible for a payment deferral, except that the amount of eligible property may not be less than the dwelling and curtilage, as determined by the supervisor;

(4) the rate of interest to be paid on the county property tax payment from the due date without a deferral until the date that the county property tax is paid;

(5) that any mortgagee or beneficiary under a deed of trust be entitled to receive notice of the deferral and of the amount of tax to be deferred; and

(6) the level of income to determine eligibility for the payment deferral.

(d) Even if the owner no longer satisfies the income eligibility requirements specified under subsection (c)(6) of this section, the county property tax that is deferred under this section and any interest specified in subsection (c)(4) of this section are due:

(1) when the duration of the payment deferral expires as specified by the governing body of Anne Arundel County;

(2) when the owner dies; or

(3) immediately on transfer of ownership of the property for which the property tax has been deferred.

(e) The governing body of Anne Arundel County shall specify the cumulative amount of the deferral and related interest in the taxpayer’s annual property tax bill.

(f) (1) A lien shall attach to the property in the amount of all deferred taxes and interest.

(2) The lien shall remain attached until the deferred taxes and interest are paid.

(g) (1) The governing body of Anne Arundel County shall authorize the deferral by written agreement.

(2) The agreement shall reflect the terms and conditions of the deferral, including notice of the lien.

(3) The agreement shall be recorded in the land records of the county.

(h) Penalties may not be charged during the period of the deferral on any tax payments deferred under this section.
Md. Code, Economic Development § 10-336 — MD Code / Article gec / Title 10 / Subtitle 3 / Section 10-336
§10–336.
Status: in_force

(a) A bondholder, a holder of any coupons attached to bonds, or a trustee under a trust agreement securing the bonds may sue to:

(1) protect and enforce rights under the laws of the State or a trust agreement; and

(2) enforce and compel the performance of duties by the Authority or its officer, employee, or agent that this subtitle or a trust agreement requires, including fixing and collecting rates, rents, fees, and charges that the trust agreement requires to be fixed and collected.

(b) The rights under this section are subject to any trust agreement.
Md. Code, Business Occupations and Professions § 10-601 — MD Code / Article gbo / Title 10 / Subtitle 6 / Section 10-601
§10–601.
Status: in_force

(a) Except as otherwise provided by law, a person may not practice, attempt to practice, or offer to practice law in the State unless admitted to the Bar.

(b) While an individual is on inactive status or disbarred or while the individual’s right to practice law is suspended or revoked, the individual may:

(1) discharge existing obligations;

(2) collect and distribute accounts receivable; or

(3) perform any other act that is necessary to conclude the affairs of a law practice but that does not constitute practicing law.

(c) It is not a defense to a charge of a violation of this section that the defendant acted through an officer, director, partner, trustee, agent, or employee who is a lawyer.
Md. Code, Courts and Judicial Proceedings § 10-707 — MD Code / Article gcj / Title 10 / Subtitle 7 / Section 10-707
§10–707.
Status: in_force

This subtitle does not prevent the recognition of a foreign judgment in situations not covered by this subtitle.
Md. Code, Health - General § 10-413 — MD Code / Article ghg / Title 10 / Subtitle 4 / Section 10-413
§10–413.
Status: in_force

(a) Each Board shall meet at least 4 times a year, at the times and places that it determines.

(b) A member of a Board may not receive compensation.
Md. Code, Election Law § 10-315 — MD Code / Article gel / Title 10 / Subtitle 3 / Section 10-315
§10–315.
Status: in_force

(a) Every employer in the State shall permit any employee who claims to be a registered voter in the State a period not to exceed 2 hours absence from work on election day in order to cast a ballot if the employee does not have 2 hours of continuous off-duty during the time that the polls are open.

(b) The employer shall pay the employee for the 2 hours absence from work.

(c) (1) Each employee shall furnish to the employer proof that the employee has voted or attempted to vote.

(2) The proof that an employee has voted or attempted to vote shall be on a form prescribed by the State Board.
Md. Code, State Finance and Procurement § 10A-104 — MD Code / Article gsf / Title 10A / Subtitle 1 / Section 10A-104
§10A–104.
Status: in_force

(a) (1) By January 1 of each year, each reporting agency shall submit to the budget committees, in accordance with § 2–1257 of the State Government Article:

(i) a report concerning each public–private partnership under consideration that has not been reviewed or approved previously by the General Assembly; and

(ii) a status report concerning each existing public–private partnership in which the reporting agency is involved.

(2) The reports submitted by the Department of General Services under this subsection shall include information concerning all public–private partnerships involving units within the Executive Branch of State government, except for those units that are also reporting agencies.

(b) By January 1 of each year, a unit of State government that provides conduit financing for a public–private partnership shall submit to the budget committees, in accordance with § 2–1257 of the State Government Article, a list that includes each public–private partnership for which the unit is providing conduit financing.

(c) The annual report of the Capital Debt Affordability Committee required under § 8–112 of this article shall include an analysis of the aggregate impact of public–private partnership agreements on the total amount of new State debt that prudently may be authorized for the next fiscal year.

(d) All existing public–private partnerships and any public–private partnership that is expected to be solicited shall be listed annually as appropriate in the annual capital budget or the Consolidated Transportation Program.
Md. Code, Family Law § 10-119.3 — MD Code / Article gfl / Title 10 / Subtitle 1 / Section 10-119.3
§10–119.
Status: in_force

§10–119.3.

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

(2) “License” means any license, certificate, registration, permit, or other authorization that:

(i) is issued by a licensing authority;

(ii) is subject to suspension, revocation, forfeiture, or termination by a licensing authority; and

(iii) is necessary for an individual to practice or engage in:

1. a particular business, occupation, or profession; or

2. recreational hunting or fishing.

(3) (i) “Licensing authority” means a department, unit of a department, commission, board, office, or court of the State.

(ii) “Licensing authority” includes:

1. the Maryland Department of Labor;

2. the Maryland Department of Health;

3. the Department of Human Services;

4. the Department of Transportation;

5. the Department of the Environment;

6. the Comptroller of the Treasury;

7. the Department of Agriculture;

8. the Maryland Insurance Administration;

9. the Public Service Commission;

10. the Secretary of State;

11. the State Department of Education;

12. the Department of Natural Resources;

13. the Office of the Attorney General;

14. the clerks of the court that are authorized to issue a license or certificate for professional services or recreational uses; and

15. the Supreme Court of Maryland.

(b) (1) Except as provided in paragraphs (2) and (3) of this subsection, a licensing authority shall:

(i) require each applicant for a license to disclose the Social Security number of the applicant; and

(ii) record the applicant’s Social Security number on the application.

(2) The Department of Natural Resources shall:

(i) require an applicant for a recreational hunting or fishing license to disclose only the last four digits of the Social Security number of the applicant instead of the full Social Security number; and

(ii) record the applicant’s partial Social Security number on the application.

(3) Each health occupations board and the State Emergency Services Board shall:

(i) require each applicant for a license to:

1. disclose the Social Security number or Individual Taxpayer Identification Number of the applicant; or

2. provide alternative documentation as permitted by the Department of Health and Human Services under Section 466(a)(13) of the Social Security Act; and

(ii) record the applicant’s Social Security number, Individual Taxpayer Identification Number, or alternative documentation provided under item (i) of this paragraph in the application file.

(c) (1) To carry out its responsibility under State and federal law, the Administration may request from a licensing authority information concerning any obligor in arrears in paying child support through a support enforcement agency.

(2) A request for information by the Administration under paragraph (1) of this subsection:

(i) shall contain:

1. the full name of the obligor; and

2. A. the Social Security number or, as appropriate, the partial Social Security number of the obligor, if known; or

B. the Individual Taxpayer Identification Number of the obligor, if known; and

(ii) may be transmitted to a licensing authority using an electronic format.

(3) A request for information may not be made by the Administration to a licensing authority more frequently than four times in each calendar year except with respect to an obligor whom the Administration has reason to believe is licensed by, or has applied for a license from, the licensing authority.

(4) In addition to requests for information under this subsection, the Administration may request a licensing authority to periodically share its licensing database with the Administration.

(d) (1) Upon receipt of a request for information under subsection (c) of this section, a licensing authority shall submit the following information to the Administration with respect to each obligor who is licensed by, or has applied for a license from, the licensing authority:

(i) the full name of the obligor;

(ii) the address of the obligor, if known;

(iii) if known:

1. the Social Security number or, as appropriate, the partial Social Security number of the obligor; or

2. the Individual Taxpayer Identification Number of the obligor; and

(iv) a description of the license held by the obligor.

(2) The information may be transmitted to the Administration in an electronic format.

(3) Except as otherwise provided by law, any record compiled under this subsection shall be made available only to a person who has a right to the record in an official capacity.

(e) (1) Except as provided in paragraph (3) of this subsection and subject to the provisions of subsection (f) of this section, the Administration may request a licensing authority to suspend or deny an individual’s license if:

(i) 1. the individual is 120 days or more out of compliance with the most recent order; and

2. A. the Administration has accepted an assignment of support under § 5–312(b)(2) of the Human Services Article; or

B. the recipient of support payments has filed an application for support enforcement services with the Administration; or

(ii) the individual has failed to comply with a subpoena issued by the Administration under § 10–108.6 of this subtitle.

(2) Except as provided in paragraph (3) of this subsection, upon notification by the Administration under this section, a licensing authority shall:

(i) suspend an individual’s license; or

(ii) deny the license of an individual who is an applicant for a license from the licensing authority.

(3) (i) This paragraph applies if the licensing authority is the Supreme Court of Maryland.

(ii) If an individual meets the criteria specified in paragraph (1) of this subsection, the Administration may make a referral to the Attorney Grievance Commission for proceedings in accordance with the Maryland Rules governing attorney discipline.

(iii) On recommendation of the Attorney Grievance Commission, the Supreme Court of Maryland may suspend an individual’s license or take other action against the individual as authorized by the Maryland Rules governing attorney discipline.

(iv) The Supreme Court of Maryland may adopt rules to implement the provisions of this paragraph.

(f) (1) At least 30 days before requesting a licensing authority to suspend or deny a license or at least 30 days before making a referral under subsection (e)(3) of this section, the Administration shall:

(i) send written notice of the proposed action to the individual whose license is subject to suspension under this section, including notice of the individual’s right to request an investigation; and

(ii) give the individual a reasonable opportunity to contest the accuracy of the information.

(2) For a license necessary to practice or engage in a particular business, occupation, or profession, the notice shall include a statement that the obligor has the right to request an investigation on the following grounds:

(i) the reported arrearage is inaccurate;

(ii) 1. the suspension of the license would be an impediment to current or potential employment because the license is necessary for the primary source of income for the obligor; and

2. the obligor has made good faith payments toward the child support obligation; or

(iii) the suspension of the license would result in an undue hardship because:

1. the obligor has a documented disability resulting in a verified inability to work; or

2. the suspension of the license would result in the inability of the obligor to comply with the court order.

(3) (i) Upon receipt of a request for investigation from an individual whose license is subject to suspension, the Administration shall conduct an investigation.

(ii) Upon completion of the investigation, the Administration shall notify the individual of the result of the investigation and the individual’s right to appeal to the Office of Administrative Hearings.

(4) (i) An appeal under this section shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.

(ii) An appeal shall be made in writing and shall be received by the Office of Administrative Hearings within 30 days after the notice to the individual whose license is subject to suspension of the results of the investigation.

(5) If, after the investigation or appeal to the Office of Administrative Hearings, the Administration finds that it erred in making a decision or that one of the grounds under paragraph (2) of this subsection exists, the Administration may not send a notification about an individual to a licensing authority or make a referral under subsection (e)(3) of this section.

(g) The Administration may not send a notification about an individual to a licensing authority or make a referral under subsection (e)(3) of this section if:

(1) with respect to an individual with a child support arrearage:

(i) the Administration reaches an agreement with the individual regarding a scheduled payment of the child support arrearage or a court issues an order for a scheduled payment of the child support arrearage; and

(ii) the individual is complying with the agreement or court order; or

(2) with respect to an individual who failed to comply with a subpoena issued under § 10–108.5 of this subtitle, the individual has complied with the subpoena.

(h) (1) Except as provided in paragraph (2) of this subsection, prior to the suspension or denial of a license under subsection (e) of this section, a licensing authority shall send written notice of the proposed action to the individual whose license is subject to suspension or denial, including notice of the individual’s right to contest the identity of the individual whose license or application is to be suspended or denied.

(2) If the licensing authority is the Supreme Court of Maryland, notice shall be as provided in the Maryland Rules governing attorney discipline.

(i) (1) (i) Except as provided in paragraph (2) of this subsection, an individual may appeal a decision of a licensing authority to suspend or deny the individual’s license in accordance with Title 10, Subtitle 2 of the State Government Article.

(ii) At a hearing under this paragraph, the issue shall be limited to whether the Administration has mistaken the identity of the individual whose license has been suspended or denied.

(2) If the licensing authority is the Supreme Court of Maryland, an individual may appeal a decision in accordance with the Maryland Rules governing attorney discipline.

(j) The Administration shall notify the licensing authority to reinstate any license suspended or denied under this section within 10 days after the occurrence of any of the following events:

(1) the Administration receives a court order to reinstate the suspended license;

(2) with respect to an individual with a child support arrearage, the individual has:

(i) paid the support arrearage in full;

(ii) demonstrated good faith by paying the ordered amount of support for 4 consecutive months;

(iii) paid a lump sum equal to four times the ordered amount of monthly support; or

(iv) cooperated with the Administration in entering into an enforceable wage withholding order with the maximum deduction permitted under federal law; or

(3) with respect to an individual whose license was suspended or denied because of a failure to comply with a subpoena issued under § 10–108.5 of this subtitle, the individual has complied with the subpoena.

(k) A licensing authority shall immediately reinstate any license suspended, or process an application for any license denied, under this section if:

(1) notified by the Administration that the license should be reinstated; and

(2) the individual otherwise qualifies for the license.
Md. Code, Financial Institutions § 10-105 — MD Code / Article gfi / Title 10 / Subtitle 1 / Section 10-105
§10–105.
Status: in_force

The Fund Director exercises powers and performs duties subject to the authority of the Secretary of Labor.
Md. Code, Tax - General § 10-813 — MD Code / Article gtg / Title 10 / Subtitle 8 / Section 10-813
§10–813.
Status: in_force

Each fiduciary who has Maryland taxable income and is required to file a federal income tax return shall file an income tax return.
Md. Code, Alcoholic Beverages and Cannabis § 10-1701 — MD Code / Article gab / Title 10 / Subtitle 17 / Section 10-1701
§10–1701.
Status: in_force

Title 4, Subtitle 3 (“Transfer of Local Licenses; Substitution of Names on License”) of Division I of this article applies in the City without exception or variation.
Md. Code, Human Services § 10-516 — MD Code / Article ghu / Title 10 / Subtitle 5 / Section 10-516
§10–516.
Status: in_force

(a) In this section, “distressed county” means:

(1) Baltimore City; and

(2) a county:

(i) with an average rate of unemployment for the most recent 24–month period for which data are available that exceeds:

1. 150% of the average rate of unemployment for the State during that period; or

2. the average rate of unemployment for the State during that period by at least 2 percentage points;

(ii) with an average per capita personal income for the most recent 24–month period for which data are available that is equal to or less than 67% of the average per capita personal income for the State during that period; or

(iii) that no longer meets either criterion stated in item (i) or (ii) of this item but has met at least one of the criteria at some time during the preceding 24–month period.

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

(c) (1) The Fund consists of appropriations that are made to the Fund from the State budget.

(2) (i) For each fiscal year, the Governor shall include in the annual State budget an appropriation of $750,000 for the Fund.

(ii) In addition to the funds provided under subparagraph (i) of this paragraph, the Governor shall provide sufficient funds to ensure that each county receives at least $5,000 under subsection (d)(2) of this section.

(d) (1) $100,000 of the Fund shall be distributed to counties for senior citizen activities centers based on a competitive grant process administered by the Department.

(2) (i) $400,000 of the Fund shall be distributed to counties based on each county’s proportional share of the statewide population of senior citizens.

(ii) A county shall receive at least $5,000 under this paragraph.

(3) At least $250,000 of the Fund shall be distributed for senior citizen activities centers to distressed counties as follows:

(i) $150,000 shall be divided evenly; and

(ii) $100,000 shall be divided proportionately by each county’s share of the total population of senior citizens in distressed counties.

(e) The Fund shall be invested and reinvested in the same manner as other State funds.
Md. Code, Agriculture § 10-606 — MD Code / Article gag / Title 10 / Subtitle 6 / Section 10-606
§10–606.
Status: in_force

If not superseded by an appeal or issued pursuant to an appeal, an official certificate issued under this subtitle shall be accepted in any court of the State as prima facie evidence of the facts contained in it.
Md. Code, Natural Resources § 10-310 — MD Code / Article gnr / Title 10 / Subtitle 3 / Section 10-310
§10–310.
Status: in_force

A person may not obtain a hunter’s license issued pursuant to the provisions of this subtitle under an assumed name, an address other than the person’s legal place of residence, or by making any false statement.
Md. Code, State Government § 10-216 — MD Code / Article gsg / Title 10 / Subtitle 2 / Section 10-216
§10–216.
Status: in_force

(a) (1) In the case of a single decision maker, if the final decision maker in a contested case has not personally presided over the hearing, the final decision may not be made until each party is given notice of the proposed decision in accordance with § 10-220 of this subtitle and an opportunity to:

(i) file exceptions with the agency to the proposed decision; and

(ii) present argument to the final decision maker that the proposed decision should be affirmed, reversed, or remanded.

(2) In the case of a decision-making body, if a majority of the officials who are to make a final decision in a contested case have not personally presided over the hearing, the officials may not make the final decision until each party is given notice of the proposed decision in accordance with § 10-220 of this subtitle and an opportunity to:

(i) file exceptions to the proposed decision with the agency; and

(ii) present argument to a majority of the officials who are to make the final decision.

(3) If a party files exceptions or presents argument under paragraph (1) or (2) of this subsection, the official or officials who are to make the final decision shall:

(i) personally consider each part of the record that a party cites in its exceptions or arguments before making a final decision; and

(ii) except as otherwise provided by law or by agreement of the parties, make the final decision within 90 days after the exceptions are filed or the argument is presented, whichever is later.

(b) The final decision shall identify any changes, modifications, or amendments to the proposed decision and the reasons for the changes, modifications, or amendments.
Md. Code, Economic Development § 10-514 — MD Code / Article gec / Title 10 / Subtitle 5 / Section 10-514
§10–514.
Status: in_force

(a) (1) This section does not prevent the Corporation from pledging its full faith and credit to the payment of a bond.

(2) This section does not limit the ability of the State or a political subdivision to impose an assessment, rate, fee, or charge to pay to the Corporation any cost, including the principal of and interest on a bond, under an agreement between the Corporation and the State or political subdivision.

(b) (1) A bond:

(i) is not a debt, liability, or a pledge of the full faith and credit of the State or of any political subdivision; and

(ii) is payable solely from revenues provided under this subtitle.

(2) The issuance of a bond is not directly, indirectly, or contingently a moral or other obligation of the State or a political subdivision to levy or pledge any tax or to make an appropriation to pay the bond.

(3) Each bond shall state on its face that:

(i) neither the State nor a political subdivision, other than the Corporation, is obliged to pay the principal of or interest on the bond, except from revenues pledged to payment of the bond; and

(ii) neither the full faith and credit nor the taxing power of the State or a political subdivision is pledged to the payment of the principal of or interest on the bond.
Md. Code, Economic Development § 10-629 — MD Code / Article gec / Title 10 / Subtitle 6 / Section 10-629
§10–629.
Status: in_force

(a) The Authority shall pay the bonds issued in accordance with this part only from the property or receipts of the Authority.

(b) Property and receipts of the Authority include:

(1) taxes, fees, charges, or other revenues payable to the Authority;

(2) payments in accordance with letters of credit, lines of credit, insurance policies, or purchase agreements;

(3) investment earnings from funds or accounts maintained in accordance with a bond resolution or trust agreement;

(4) the proceeds of refunding bonds; and

(5) any other source authorized by law.
Md. Code, Economic Development § 10-469 — MD Code / Article gec / Title 10 / Subtitle 4 / Section 10-469
§10–469.
Status: in_force

(a) There is an Enterprise Fund in the Corporation.

(b) The Corporation may use the Fund to:

(1) make a grant or loan, at the rate of interest set by the Corporation;

(2) provide equity investment financing for a qualified business;

(3) guarantee a loan, equity, investment, or other private financing to expand the capital resources of a qualified business;

(4) purchase advisory services and technical assistance to better support economic development;

(5) pay the Corporation’s obligations to a venture firm under the Invest Maryland Program, as provided under § 10–4A–20(c)(2)(i) of this title; and

(6) pay the administrative, legal, and actuarial expenses of the Corporation.

(c) The Corporation shall manage and supervise the Fund.

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

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

(e) The Fund consists of:

(1) money appropriated by the State to the Fund;

(2) money made available to the Fund through federal programs or private contributions;

(3) repayment of principal of a loan made from the Fund;

(4) payment of interest on a loan made from the Fund;

(5) proceeds from the sale, disposition, lease, or rental by the Corporation of collateral related to financing that the Corporation provides under this subtitle or Subtitle 4A of this title;

(6) premiums, fees, royalties, interest, repayments of principal, and returns on investments paid to the Corporation by or on behalf of:

(i) a qualified business in which the Corporation has made an investment under this subtitle or Subtitle 4A of this title; or

(ii) an investor providing an investment guaranteed by the Corporation under this subtitle or Subtitle 4A of this title;

(7) recovery of an investment made by the Corporation in a qualified business under this subtitle or Subtitle 4A of this title, including an arrangement under which the Corporation’s investment in the qualified business is recovered through:

(i) a requirement that the Corporation receive a proportion of cash flow, commission, royalty, or payment on a patent; or

(ii) the repurchase from the Corporation of any evidence of financial participation, including a note, stock, bond, or debenture;

(8) repayment of a conditional grant extended by the Corporation;

(9) money deposited into the Fund under § 10–4A–20(c)(2)(i) of this title; and

(10) any other money made available to the Corporation for the Fund.

(f) (1) The Treasurer shall invest money in the Fund in the same manner as other State money.

(2) Any investment earnings of the Fund shall be credited to the Fund.
Md. Code, Courts and Judicial Proceedings § 10-1105 — MD Code / Article gcj / Title 10 / Subtitle 11 / Section 10-1105
§10–1105.
Status: in_force

(a) An insurer shall provide in writing the documentation described under § 10–1102 of this subtitle within 30 days after the date of a request in accordance with § 10–1103 or § 10–1104 of this subtitle, regardless of whether the insurer contests the applicability of coverage to a claim.

(b) An insurer, and the employees and agents of an insurer, may not be civilly or criminally liable for the disclosure of documentation required under this subtitle.

(c) Disclosure of the documentation under this subtitle does not constitute:

(1) An admission that a claim is subject to the applicable agreement between the insurer and the alleged tortfeasor; or

(2) A waiver of any term or condition of the applicable agreement between the insurer and the alleged tortfeasor or any right of the insurer, including any potential defense concerning coverage or liability.

(d) Documentation disclosed under this subtitle is not admissible as evidence at trial by reason of its disclosure under this subtitle.
Md. Code, Real Property § 10-505 — MD Code / Article grp / Title 10 / Subtitle 5 / Section 10-505
§10–505.
Status: in_force

Every custom home contract between a custom home builder and the buyer must be in writing. The custom home contract shall:

(1) Include a draw schedule that shall be set forth on a separate sheet of paper and that shall be separately signed by the buyer and the custom home builder;

(2) Identify to the extent known the names of the primary subcontractors who will be working on the custom home;

(3) Expressly state that any and all changes that are to be made to the contract shall be recorded as “change orders” that specify the change in the work ordered and the effect of the change on the price of the house;

(4) Set forth in bold type whether or not the vendor or builder is covered by a warranty program guaranteed by a third party;

(5) Require the vendor or builder to deliver to the purchaser within 30 days after each progress payment a list of the subcontractors, suppliers, or materialmen who have provided more than $500 of goods or services to date and indicate which of them have been paid by the vendor or builder; and

(6) Require that the custom home builder provide waivers of liens from all applicable subcontractors, suppliers, or materialmen within a reasonable time after the final payment for the goods or services they provide.
Md. Code, Economic Development § 10-115 — MD Code / Article gec / Title 10 / Subtitle 1 / Section 10-115
§10–115.
Status: in_force

The Corporation may:

(1) adopt bylaws for the conduct of its business;

(2) adopt a seal;

(3) maintain offices at a place it designates in the State;

(4) accept loans, grants, or assistance of any kind from the federal government, a governmental unit, a college or university, or a private source;

(5) enter into contracts and other legal instruments;

(6) sue and be sued in its own name;

(7) acquire, purchase, hold, lease as lessee, and use any franchise, patent, or license and real, personal, mixed, tangible, or intangible property, or any interest in property, necessary or convenient to carry out its purposes;

(8) sell, lease as lessor, transfer, and dispose of its property or interest in property;

(9) fix and collect rates, rentals, fees, royalties, and charges for services, resources, and facilities it provides or makes available;

(10) with the owner’s permission, enter lands, waters, or premises to make a survey, sounding, boring, or examination to accomplish a purpose authorized by this subtitle;

(11) further define or limit the term “revenues” defined in § 10–101 of this subtitle as the term applies to a particular project, financing, or other matter;

(12) create, own, control, or be a member of a corporation, limited liability company, partnership, or other person, whether for–profit or nonprofit;

(13) exercise a power usually possessed by a private corporation in performing similar functions unless to do so would conflict with State law; and

(14) do all things necessary or convenient to carry out the powers expressly granted by this subtitle.
Md. Code, Economic Development § 10-416 — MD Code / Article gec / Title 10 / Subtitle 4 / Section 10-416
§10–416.
Status: in_force

(a) There is a Comprehensive Technical Assistance Program in the Corporation.

(b) (1) The purpose of the Program is to provide comprehensive technical assistance to any business that qualifies for financial assistance under this subtitle or any other program in the portfolio of the Corporation.

(2) The technical assistance provided under the Program shall:

(i) incorporate existing services of the Corporation;

(ii) include flexible and customized applied training services;

(iii) include the use of a network of experienced advisors to serve as mentors and loaned executives; and

(iv) include support with attracting and accessing private capital.

(c) The Corporation shall include, as part of its annual report to the Governor and the General Assembly under § 10–415 of this subtitle, a detailed description of the implementation of the Program.

(d) The Corporation shall adopt regulations to carry out this section.
Md. Code, Criminal Law § 10-618 — MD Code / Article gcr / Title 10 / Subtitle 6 / Section 10-618
§10–618.
Status: in_force

(a) A person may not willfully and maliciously give poison or ground glass to a dog, or expose poison or ground glass, with the intent that a dog ingest it.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100 for each violation.
Md. Code, Agriculture § 10-108 — MD Code / Article gag / Title 10 / Subtitle 1 / Section 10-108
§10–108.
Status: in_force

(a) (1) A proposed assessment on an agricultural commodity passes if a majority of those persons qualifying as voters and voting in the area in which the referendum is conducted vote in favor of the levying and collection of the proposed assessment on the agricultural commodity.

(2) If a proposed assessment passes, the agency conducting the referendum shall announce the assessment.

(b) The assessment shall be collected:

(1) According to the method and rules and regulations adopted by the certified agency conducting the referendum; and

(2) For the number of years set forth in the call for the referendum.
Md. Code, Tax - Property § 10-204.5 — MD Code / Article gtp / Title 10 / Subtitle 2 / Section 10-204.5
§10–204.
Status: in_force

§10–204.5.

(a) Notwithstanding Subtitle 1 of this title, the governing body of Washington County may authorize, by law, a payment deferral of the county property tax for residential real property occupied as the principal residence of the owner.

(b) An owner is eligible for a payment deferral under subsection (a) of this section if the owner or at least one of the owners:

(1) has resided in the dwelling for a period of at least 5 consecutive years;

(2) is at least 65 years of age; and

(3) meets the income eligibility requirements determined under subsection (c) of this section.

(c) If the governing body of Washington County authorizes a payment deferral under this section, the governing body shall specify:

(1) the amount of the tax that may be deferred, not exceeding the increase in the county property tax from the date the taxpayer elects to defer the payment of the tax;

(2) the duration of the payment deferral under subsection (a) of this section;

(3) restrictions on the amount of the real property eligible for a payment deferral, except that the amount of eligible property may not be less than the dwelling and curtilage, as determined by the supervisor;

(4) the rate of interest, not exceeding an annual rate of 3%, to be paid on the county property tax payment from the due date without a deferral until the date that the county property tax is paid;

(5) that any mortgagee or beneficiary under a deed of trust be entitled to receive notice of the deferral and of the amount of tax to be deferred; and

(6) the level of income to determine eligibility for the payment deferral.

(d) The county property tax that is deferred under this section and any interest specified in subsection (c)(4) of this section are due:

(1) when the deferral ends as specified in subsection (c)(2) of this section;

(2) when the eligible owner dies; or

(3) immediately on transfer of ownership of the property for which the property tax has been deferred.

(e) The governing body of Washington County shall specify the cumulative amount of the deferral and related interest in the taxpayer’s annual property tax bill.

(f) (1) A lien shall attach to the property in the amount of all deferred taxes and interest.

(2) The lien shall remain attached until the deferred taxes and interest are paid.

(g) (1) The governing body of Washington County shall authorize the deferral by written agreement.

(2) The agreement shall reflect the terms and conditions of the deferral, including notice of the lien.

(3) The agreement shall be recorded in the land records of the county.

(h) Penalties may not be charged during the period of the deferral on any tax payments deferred under this section.

(i) In each annual property tax bill, the governing body of Washington County shall provide notice of, and specify the details of eligibility for, a payment deferral under this section.
Md. Code, Economic Development § 10-350 — MD Code / Article gec / Title 10 / Subtitle 3 / Section 10-350
§10–350.
Status: in_force

(a) On the date of closure or delicensure of a hospital for which a financing plan is developed under § 10–348 of this subtitle, the Health Services Cost Review Commission shall assess a fee on all hospitals, as provided in § 19–223 of the Health – General Article, sufficient to:

(1) pay the principal and interest on any bonds that the Authority issues under § 10–349 of this subtitle to finance public obligations;

(2) pay the closure costs or the principal and interest on bonds that the Authority issues under § 10–349 of this subtitle to finance any closure costs;

(3) maintain a reserve required by the trust agreement;

(4) pay any required financing fees or charges; and

(5) maintain reserves that the Authority considers appropriate to provide the amounts described in paragraphs (1) through (4) of this subsection if a hospital defaults in paying the fees.

(b) The fee assessed each hospital shall be:

(1) the product of the total fees required to be assessed multiplied by the ratio of the actual gross patient revenue of the hospital to the total gross patient revenue of all hospitals; and

(2) determined as of the date the Authority determines after consulting with the Health Services Cost Review Commission.

(c) (1) As the Authority directs, each hospital shall pay the fee:

(i) directly to the Authority;

(ii) directly to a trustee for the bondholders; or

(iii) otherwise as the Authority directs.

(2) The fee shall be assessed at any time necessary to meet the payment requirements of this section.

(d) The fee assessed is not subject to supervision or regulation by a unit of the State.

(e) (1) A pledge of the fee to a bond issued under this part or to any other public obligation immediately subjects the fee to the lien of the pledge without a physical delivery or further act.

(2) Whether or not the parties have notice, the lien of the pledge is valid and binding against all parties having claims in tort, contract, or otherwise against the Authority or a closed or delicensed hospital.

(f) If the Health Services Cost Review Commission terminates by law, the Secretary of Health shall impose the fee under this section.
Md. Code, State Personnel and Pensions § 10-301 — MD Code / Article gsp / Title 10 / Subtitle 3 / Section 10-301
§10–301.
Status: in_force

This subtitle applies to nontemporary employees in the State Personnel Management System.
Md. Code, State Government § 10-1603 — MD Code / Article gsg / Title 10 / Subtitle 16 / Section 10-1603
§10–1603.
Status: in_force

(a) If an official publisher publishes legal material only in an electronic record, the official publisher shall:

(1) designate the electronic record as official; and

(2) comply with §§ 10–1604, 10–1606, and 10–1607 of this subtitle.

(b) An official publisher that publishes legal material in an electronic record and in a record other than an electronic record may designate the electronic record as official if the publisher complies with §§ 10–1604, 10–1606, and 10–1607 of this subtitle.
Md. Code, State Government § 10-203 — MD Code / Article gsg / Title 10 / Subtitle 2 / Section 10-203
§10–203.
Status: in_force

(a) This subtitle does not apply to:

(1) the Legislative Branch of the State government or an agency of the Legislative Branch;

(2) the Judicial Branch of the State government or an agency of the Judicial Branch;

(3) the following agencies of the Executive Branch of the State government:

(i) the Governor;

(ii) the Department of Assessments and Taxation;

(iii) the Insurance Administration except as specifically provided in the Insurance Article;

(iv) the Maryland Parole Commission of the Department of Public Safety and Correctional Services;

(v) the Public Service Commission;

(vi) the Maryland Tax Court;

(vii) the State Workers’ Compensation Commission;

(viii) the Maryland Automobile Insurance Fund; or

(ix) the Patuxent Institution Board of Review, when acting on a parole request;

(4) an officer or unit not part of a principal department of State government that:

(i) is created by or pursuant to the Maryland Constitution or general or local law;

(ii) operates in only 1 county; and

(iii) is subject to the control of a local government or is funded wholly or partly from local funds;

(5) unemployment insurance claim determinations, tax determinations, and appeals in the Maryland Department of Labor except as specifically provided in Subtitle 5A of Title 8 of the Labor and Employment Article; or

(6) any other entity otherwise expressly exempted by statute.

(b) This subtitle does apply to:

(1) the property tax assessment appeals boards; and

(2) as to requests for correction of certificates of death under § 5–310(d)(2) of the Health – General Article, the office of the Chief Medical Examiner.

(c) A public hearing required or provided for by statute or regulation before an agency takes a particular action is not an agency hearing under § 10–202(d) of this subtitle unless the statute or regulation:

(1) expressly requires that the public hearing be held in accordance with this subtitle; or

(2) expressly requires that any judicial review of the agency determination following the public hearing be conducted in accordance with this subtitle.

(d) (1) Subject to paragraphs (2) and (3) of this subsection, this subtitle does apply to a contested case that arises from a State program administered by the Montgomery County Department of Health and Human Services in the same manner as the subtitle applies to a county health department or local department of social services.

(2) For purposes of this subtitle, the Office of the Attorney General, after consultation with the County Attorney for Montgomery County, shall determine if the Montgomery County Department of Health and Human Services administers a State program.

(3) This subsection is not intended to extend or limit the authority of the Montgomery County Department of Health and Human Services to administer State programs in the manner of a county health department or local department of social services.
Md. Code, Tax - General § 10-304 — MD Code / Article gtg / Title 10 / Subtitle 3 / Section 10-304
§10–304.
Status: in_force

Except as provided in Subtitle 4 of this title, the Maryland modified income of a corporation, including a real estate investment trust or regulated investment company, is:

(1) the corporation’s federal taxable income for the taxable year as determined under the Internal Revenue Code and as adjusted under this Part II of this subtitle;

(2) if the corporation is exempt from taxation under § 501 of the Internal Revenue Code, the sum for the taxable year of the corporation’s unrelated business taxable income, as defined under § 512 of the Internal Revenue Code, and its income that is subject to tax under § 527(f)(1) of the Internal Revenue Code, as adjusted under this Part II of this subtitle;

(3) if the corporation is an S corporation, its income that is subject to federal income tax, for the taxable year, as adjusted under this Part II of this subtitle; or

(4) if the corporation is an investment conduit or a special exempt entity, the applicable tax base of the corporation as adjusted under this Part II of this subtitle.
Md. Code, Courts and Judicial Proceedings § 10-903 — MD Code / Article gcj / Title 10 / Subtitle 9 / Section 10-903
§10–903.
Status: in_force

Evidence is not admissible in a civil proceeding to prove that any party failed to testify in a criminal proceeding involving the same subject matter.
Md. Code, Economic Development § 10-213 — MD Code / Article gec / Title 10 / Subtitle 2 / Section 10-213
§10–213.
Status: in_force

(a) The Authority may assist wholesale food dealers and tenants who want to locate or relocate their operations in a development or project if, in the judgment of the Authority:

(1) the wholesale food dealers and tenants will provide the greatest opportunity of success for a development or project; and

(2) the cost of the assistance is the most likely to be recouped.

(b) To assist a wholesale food dealer or tenant, the Authority may:

(1) acquire, by negotiation and purchase, the land, structures, equipment, or leases, or an interest in them, of the wholesale food dealer or tenant; and

(2) pay the reasonable expenses of moving personal property that must be moved to locate or relocate the operations of the wholesale food dealer or tenant in a development or project.
Md. Code, State Finance and Procurement § 10A-105 — MD Code / Article gsf / Title 10A / Subtitle 1 / Section 10A-105
§10A–105.
Status: in_force

(a) A project undertaken by a reporting agency through a public–private partnership shall comply with the following provisions, to the extent that the provisions are applicable to the project:

(1) § 3–602.1 of this article; and

(2) the Environment Article.

(b) The private entity and any contractors or subcontractors constructing a public infrastructure asset shall be subject to Title 17, Subtitles 1 and 2 of this article regardless of whether the contract qualifies as a public works contract.

(c) State employees shall retain all of the protections in State law, regulations, and policies that are in effect at the time the public–private partnership agreement is approved by the Board of Public Works.

(d) The Board of Public Works may not approve a public–private partnership that results in the State exceeding its debt affordability guidelines.
Md. Code, Economic Development § 10-301 — MD Code / Article gec / Title 10 / Subtitle 3 / Section 10-301
§10–301.
Status: in_force

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

(b) “Authority” means the Maryland Health and Higher Educational Facilities Authority.

(c) (1) “Bond” means a bond issued by the Authority under this subtitle.

(2) “Bond” includes a revenue bond, a revenue refunding bond, a note, and any other obligations.

(d) “Cost”, with respect to a project financed under this subtitle, includes:

(1) the purchase price of a project;

(2) the cost to acquire any right, title, or interest in a project;

(3) the cost of any improvement;

(4) the cost of any property, right, easement, and franchise;

(5) the cost of demolition, removal, or relocation of structures;

(6) the cost of acquiring land to which the structures may be moved;

(7) the cost of equipment;

(8) financing charges;

(9) interest before and during construction and, if the Authority determines, for a limited period after the completion of construction;

(10) reserves for principal and interest and for improvements;

(11) the cost of revenue and cost estimates, architectural, engineering, financial, and legal services, plans, specifications, studies, surveys, and other expenses necessary or incident to determining the feasibility of improving a project; and

(12) other expenses as necessary or incident to:

(i) financing a project;

(ii) acquiring and improving a project; and

(iii) placing a project in operation.

(e) “Educational institution” means an institution of higher education or a noncollegiate educational institution.

(f) “Finance” includes refinance.

(g) (1) “Health care institution” means an institution in the State that is operated by a person, a local government, or, subject to paragraph (3) of this subsection, the State, is available to the public, and is:

(i) a nonprofit hospital as defined under § 19–301 of the Health – General Article that:

1. is licensed as a hospital by the Secretary of Health under § 19–318 of the Health – General Article; or

2. has obtained a certificate of need issued by the Maryland Health Care Commission under § 19–120 of the Health – General Article, but is not licensed as a hospital by the Secretary of Health under § 19–318 of the Health – General Article;

(ii) a nonprofit related institution as defined under § 19–301 of the Health – General Article that is licensed as a related institution by the Secretary of Health under § 19–318 of the Health – General Article;

(iii) a combination of institutions listed in items (i) and (ii) of this paragraph;

(iv) except as provided in paragraph (3) of this subsection:

1. a nonprofit comprehensive health center that provides outpatient primary health services available to the general public; or

2. a nonprofit life care or continuing care community that provides self–contained residence facilities for the retired or elderly;

(v) any combination of health care entities listed in item (iv) of this paragraph;

(vi) an entity affiliated or associated with an institution listed in items (i) through (v) of this paragraph, if the Authority determines by resolution that the financing of a project for the entity serves the public purpose of that institution; or

(vii) a nonprofit health service plan that holds a certificate of authority and provides health insurance policies or contracts in the State in accordance with the Insurance Article.

(2) “Health care institution” includes a nonprofit corporation organized to construct or acquire an institution under paragraph (1) of this subsection.

(3) “Health care institution” does not include a facility described in paragraph (1)(iv) of this subsection that is owned and operated by the State, except for the following facilities if approved by the Board of Public Works and the Joint Audit and Evaluation Committee:

(i) a nonprofit comprehensive health center that is a medical or health care facility of the University System of Maryland; or

(ii) a nonprofit life care or continuing care community that provides self–contained residence facilities for the retired or elderly.

(4) For purposes of this subsection the facilities of the University of Maryland Medical System Corporation are not considered to be owned and operated by the State.

(h) “Improve” means to add, alter, construct, equip, expand, extend, improve, install, reconstruct, rehabilitate, remodel, or repair.

(i) “Improvement” means addition, alteration, construction, equipping, expansion, extension, improvement, installation, reconstruction, rehabilitation, remodeling, or repair.

(j) (1) “Institution of higher education” means an educational institution in the State that:

(i) by law or charter:

1. is a public or nonprofit educational institution; and

2. is authorized to provide:

A. a program of education beyond the high school level and award a bachelor’s or advanced degree; or

B. a program of 2 or more years’ duration that is accepted for full credit toward a bachelor’s degree; and

(ii) meets the standards and regulations that the Maryland Higher Education Commission prescribes, and is authorized to issue a certificate, diploma, or degree under Title 12 of the Education Article.

(2) “Institution of higher education” includes:

(i) a community college for which a board of community college trustees is established under § 16–101 of the Education Article;

(ii) a regional community college established under § 16–202 of the Education Article;

(iii) the Baltimore City Community College established under § 16–501 of the Education Article; and

(iv) the College of Southern Maryland established under § 16–603 of the Education Article.

(3) “Institution of higher education” does not include an institution owned and operated by the State other than an institution listed in paragraph (2) of this subsection.

(k) “Noncollegiate educational institution” means a noncollegiate educational institution as defined in § 2–206 of the Education Article that:

(1) has received a certificate of approval from the State Board of Education; or

(2) is an institution operated by a bona fide church organization.

(l) “Participating institution” means a participating educational institution or a participating health care institution that receives assistance under this subtitle.

(m) (1) With respect to an educational institution:

(i) “project” means a structure or facility that is required or useful for an educational institution;

(ii) “project” includes:

1. a structure suitable for use as a dormitory or other housing facility, dining hall, student union, administration building, academic building, library, laboratory, research facility, classroom, athletic facility, health care facility, maintenance facility, storage facility, utility facility, or parking facility; and

2. equipment and other similar items; and

(iii) “project” does not include books, fuel, supplies, or other items that customarily result in a current operating charge.

(2) With respect to a health care institution:

(i) “project” means a structure or facility that is required or useful for the effective operation of a health care institution;

(ii) “project” includes:

1. a structure suitable for use as a hospital, clinic, or other health care facility, laboratory, training facility for nursing or another health program, laundry, a residence for nurses or interns, or a parking facility; and

2. equipment and other similar items; and

(iii) “project” does not include fuel, supplies, or other items that customarily result in a current operating charge.

(n) “Sinking fund” means a fund established under § 10–328 of this subtitle.

(o) (1) “Trust agreement” means an agreement entered into by the Authority to secure a bond.

(2) “Trust agreement” may include a bond contract, bond resolution, or other contract with or for the benefit of a bondholder.
Md. Code, Correctional Services § 10-702 — MD Code / Article gcs / Title 10 / Subtitle 7 / Section 10-702
§10–702.
Status: in_force

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

(2) “Offender” has the meaning stated in § 6–101 of this article.

(3) “Program” has the meaning stated in § 6–101 of this article.

(b) There is a Warrant Apprehension Unit in the Intelligence and Investigative Division.

(c) The Director of the Intelligence and Investigative Division may authorize employees of the Warrant Apprehension Unit of the Intelligence and Investigative Division to:

(1) execute warrants for the retaking of offenders;

(2) execute warrants for the arrest of probationers for whom a warrant is issued for an alleged violation of probation;

(3) obtain and execute search warrants as authorized under § 6–109 of this article; and

(4) arrest offenders in the program as authorized under § 2–207 of the Criminal Procedure Article.

(d) An Intelligence and Investigative Division employee who is authorized to make arrests under this section shall:

(1) meet the minimum qualifications required by the Maryland Police Training and Standards Commission; and

(2) complete satisfactorily the training prescribed by the Maryland Police Training and Standards Commission.

(e) An Intelligence and Investigative Division employee who is authorized to make arrests under this section may also exercise the powers of a peace officer and police officer.
Md. Code, Human Services § 10-479 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-479
§10–479.
Status: reserved

(a) The Secretary may apply to the court for an order that directs the Secretary to conserve or rehabilitate a provider, if the provider:

(1) is a provider for which the Department has made a determination of significant risk of financial failure under Part VII of this subtitle;

(2) has refused to submit to the Secretary or a deputy or examiner of the Secretary, for reasonable examination, any of the property, books, records, accounts, or affairs of the provider, or of a subsidiary or related company of the provider within the provider’s control;

(3) has concealed or removed its assets or records;

(4) has willfully violated its charter, articles of incorporation, a State law, or an order of the Secretary;

(5) after reasonable notice, has failed promptly and effectively to terminate the employment, status, and influence over the management of the provider of a person that has executive authority in fact over the provider and has refused to be examined under oath about the affairs of the provider in the State or elsewhere;

(6) has been or is the subject of an application for appointment of a receiver, trustee, custodian, sequestrator, or similar fiduciary of the provider or its property in an action that was not filed under this subtitle, regardless of whether the appointment:

(i) has been made;

(ii) may deny the courts of the State jurisdiction; or

(iii) may prejudice an orderly delinquency proceeding under this subtitle;

(7) has consented to the order for conservation or rehabilitation through a majority of its directors, stockholders, members, or subscribers;

(8) has failed to pay a final judgment rendered against it in the State on a continuing care agreement issued or assumed by the provider, within 60 days after the latest of:

(i) the day on which the judgment became final;

(ii) the day on which the time for taking an appeal expired; or

(iii) the day on which an appeal was dismissed before final termination;

(9) after examination by the Secretary, is found to be in a condition in which further transaction of its business will be hazardous to its subscribers, bondholders, creditors, or the public;

(10) has failed to remove a person that has executive authority in fact over the provider after the Secretary has found that person to be dishonest or untrustworthy in a manner that may affect the business of the provider;

(11) has reasonable cause to know, or should have known, that there has been:

(i) embezzlement of funds from the provider;

(ii) wrongful sequestration or diversion of assets of the provider;

(iii) forgery or fraud that affects the provider; or

(iv) other illegal conduct in, by, or with respect to the provider;

(12) is controlled directly or indirectly by a person that the Secretary finds to be untrustworthy; or

(13) has failed to file a financial report required by law within the time allowed by law and, after written demand by the Secretary, has failed to give an immediate and adequate explanation.

(b) (1) If the appointment of the Secretary as receiver is not then in effect, and even if no previous order has directed the Secretary to rehabilitate a provider, the Secretary may apply to the court for an order that appoints the Secretary as receiver and that directs the Secretary to liquidate the provider if the provider:

(i) has not done business for at least 1 year;

(ii) is a provider determined to have a significant risk of financial failure under Part VII of this subtitle and has commenced voluntary liquidation or dissolution, or attempts to commence or prosecute an action or proceeding to liquidate its business or affairs, to dissolve its corporate charter, or to procure the appointment of a receiver, trustee, custodian, or sequestrator under any law except this title;

(iii) is doing business in a fraudulent manner; or

(iv) is in a condition in which further rehabilitation efforts on any grounds specified in subsection (a) of this section appear to be useless.

(2) If at any time during a rehabilitation proceeding the Secretary determines that further efforts to rehabilitate the provider would be useless, the Secretary may apply to the court for an order of liquidation.
Md. Code, Agriculture § 10-1101 — MD Code / Article gag / Title 10 / Subtitle 11 / Section 10-1101
§10–1101.
Status: in_force

(a) There is a Seafood Marketing Advisory Commission.

(b) The Commission consists of 13 members.

(c) Of the 13 Commission members:

(1) 1 shall be the Secretary of Agriculture or the designee of the Secretary of Agriculture, as an ex officio nonvoting member;

(2) 1 shall be the Secretary of Natural Resources or the designee of the Secretary of Natural Resources, as an ex officio nonvoting member;

(3) 5 shall represent the seafood packers in this State, at least 3 of whom shall be members of the Chesapeake Bay Seafood Industries Association;

(4) 2 shall be licensed Maryland watermen;

(5) 1 shall represent the retail food industry in this State;

(6) 1 shall represent the aquaculture industry in this State; and

(7) 2 shall be consumer members.

(d) (1) The Governor shall appoint the 3 members representing the Chesapeake Bay Seafood Industries Association from a list of names submitted to the Governor by the Chesapeake Bay Seafood Industries Association. The names on the list shall be three times the number of vacancies;

(2) Except for the ex officio members and the members representing the Chesapeake Bay Seafood Industries Association, the Governor shall appoint each member with the advice of the Secretary; and

(3) Except for the ex officio members, each member appointed by the Governor shall be appointed with the advice and consent of the Senate.

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

(f) The term of a member is 4 years.

(g) A member may not serve more than 2 terms on the Commission.

(h) The terms of the initial voting members of the Commission expire as follows:

(1) 2 in 1988;

(2) 3 in 1989;

(3) 3 in 1990; and

(4) 3 in 1991.

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

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

(k) The Governor may remove a member for incompetence or misconduct.

(l) The Commission shall assist the Seafood and Aquaculture Products Marketing Program in the Department in:

(1) Promoting increased consumption and distribution of Maryland seafood; and

(2) Seeking efficient methods to reduce cost and improve the quality and marketability of Maryland seafood.
Md. Code, Tax - General § 10-913 — MD Code / Article gtg / Title 10 / Subtitle 9 / Section 10-913
§10–913.
Status: in_force

(a) (1) On or before January 1 of each calendar year, the Comptroller shall publish the maximum income eligibility for the earned income tax credit under § 10–704 of this title for the calendar year.

(2) The Comptroller shall prepare a notice that meets the requirements of subsection (b) of this section and provide the notice, by mail or electronic means, to all employers in the State.

(b) (1) On or before December 31 of each calendar year, an employer shall provide electronic or written notice to an employee who may be eligible for the earned income tax credit under § 10–704 of this title that:

(i) the employee may be eligible for the federal earned income tax credit under § 32 of the Internal Revenue Code; and

(ii) the employee may be eligible for the earned income tax credit under § 10–704 of this title.

(2) An employer may provide the notice required under this subsection to:

(i) all employees; or

(ii) employees with wages that are less than or equal to the maximum income eligibility published under subsection (a) of this section.

(c) An employee may not pursue a private cause of action against an employer for the employer’s failure to provide the notice required under subsection (b) of this section.
Md. Code, Courts and Judicial Proceedings § 10-4B-03 — MD Code / Article gcj / Title 10 / Subtitle 4B / Section 10-4B-03
§10–4B–03.
Status: in_force

(a) An investigative or law enforcement officer may make application for an order or an extension of an order under § 10-4B-04 of this subtitle authorizing or approving the installation and use of a pen register or a trap and trace device, in writing, under oath or equivalent affirmation, to a court of competent jurisdiction of this State.

(b) An application under subsection (a) of this section shall include:

(1) The identity of the State law enforcement or investigative officer making the application and the identity of the law enforcement agency conducting the investigation; and

(2) A statement under oath by the applicant that the information likely to be obtained is relevant to an ongoing criminal investigation being conducted by that agency.
Md. Code, Courts and Judicial Proceedings § 10-917 — MD Code / Article gcj / Title 10 / Subtitle 9 / Section 10-917
§10–917.
Status: in_force

A written statement of expenses or a bill shall be taken as prima facie evidence at a restitution hearing as provided under § 11-615 of the Criminal Procedure Article.
Md. Code, Tax - General § 10-820 — MD Code / Article gtg / Title 10 / Subtitle 8 / Section 10-820
§10–820.
Status: in_force

(a) (1) Except as provided in paragraph (3) of this subsection, an individual or partnership required under Part II of this subtitle to file a return for a taxable year shall complete and file with the Comptroller an income tax return:

(i) on or before April 15th of the next taxable year; or

(ii) if the income tax is computed for a fiscal year, on or before the 15th day of the 4th month after the end of that year.

(2) Within 60 days after the date on which a partnership is dissolved or liquidated or withdraws voluntarily or involuntarily from the State, the partnership shall complete and file with the Comptroller an income tax return.

(3) If the due date for a federal income tax return filed electronically is later than April 15th of the next taxable year, the due date for an individual to complete and file a Maryland income tax return shall be the due date for filing the individual’s federal income tax return, if the individual:

(i) files the Maryland income tax return electronically; and

(ii) electronically pays any balance due with the return.

(b) (1) Except as provided in subsections (c) and (d) of this section, an individual required under § 10-815 of this subtitle to file a declaration of estimated income tax for a taxable year shall complete and file with the Comptroller:

(i) an initial declaration on or before April 15 of that year; and

(ii) a quarterly estimated income tax return on or before June 15, September 15, and January 15 after the filing of the initial declaration.

(2) An individual shall file a declaration that was not filed on April 15 or an amended declaration, on any date allowed in paragraph (1)(ii) of this subsection for filing a quarterly estimated income tax return.

(3) If an individual elects to pay the income tax in full on or before January 31, instead of filing the quarterly estimated income tax return required on January 15, the individual shall file a final income tax return on or before January 31.

(c) If an individual required to file a declaration of estimated income tax has estimated gross income from fishing or farming, including oyster farming, that is at least 2/3 of the total estimated income for a taxable year, the individual may complete and file with the Comptroller:

(1) a declaration of estimated income tax for that taxable year on or before January 15 of the next taxable year; or

(2) an income tax return for that taxable year on or before March 1 of the next taxable year.

(d) An individual required to file a declaration of estimated income tax under § 10-815(b) of this subtitle shall complete and file with the Comptroller, within 60 days after the individual receives income from wagering:

(1) a declaration of estimated income tax; or

(2) if the individual has filed a declaration during that taxable year, an amended declaration.
Md. Code, Family Law § 10-112 — MD Code / Article gfl / Title 10 / Subtitle 1 / Section 10-112
§10–112.
Status: in_force

(a) (1) Subject to the best interest of the child, if the Administration considers it to be in the best interest of this State in a case in which an assignment has been made under § 5–312(b)(2) of the Human Services Article, the Administration may accept in full settlement of an arrearage in child support payments an amount that is less than the total arrearage.

(2) On request of the Administration, a court may approve by order an amount that is less than the total arrearage as full settlement of the arrearage.

(b) (1) In a case in which an assignment has been made under § 5–312(b)(2) of the Human Services Article, there is a presumption that it is in the best interest of this State for the Administration to accept in full settlement of an arrearage in child support payments an amount that is less than the total arrearage if:

(i) 1. the obligor, the individual who has made an assignment under § 5–312(b)(2) of the Human Services Article, and the child who is the subject of the support order have resided together for at least the 12 months immediately preceding a request for settlement under this section; or

2. the obligor and the child who is the subject of the support order have resided together for at least the 12 months immediately preceding a request for settlement under this section, and the individual who has made an assignment under § 5–312(b)(2) of the Human Services Article is deceased, incapacitated, or otherwise unavailable to reside with the obligor and the child;

(ii) the obligor has been supporting the child for at least the 12 months immediately preceding a request for settlement under this section; and

(iii) the gross income of the obligor is less than 225 percent of the federal poverty level, as defined by the United States Department of Health and Human Services.

(2) For purposes of paragraph (1)(i)2 of this subsection, an individual who has made an assignment under § 5–312(b)(2) of the Human Services Article may not be considered incapacitated or otherwise unavailable due solely to a change in legal or physical custody of the child.

(3) (i) If the Administration does not accept in full settlement of an arrearage in child support payments an amount that is less than the total arrearage under this subsection, the Administration shall notify the obligor of the decision and of the obligor’s right to appeal the decision to the Office of Administrative Hearings.

(ii) An appeal under this subsection shall be conducted in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) The Secretary of Human Services, in cooperation with the Office of Administrative Hearings, may adopt regulations to implement this section.
Md. Code, Human Services § 10-489 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-489
§10–489.
Status: in_force

(a) (1) If on issuance of an order of liquidation under this subtitle or at any time during a liquidation proceeding the provider is not clearly solvent, the court, after notice it considers proper and a hearing, shall issue an order that the provider is an impaired provider.

(2) Notwithstanding any previous notice given to creditors, after issuance of an order under paragraph (1) of this subsection, the Secretary shall notify each person that may have a claim against the provider that the claim is forever barred unless the person files the claim with the Secretary at a place and within the time specified in the notice.

(3) The time specified in the notice:

(i) shall be as set by the court for filing claims; but

(ii) may not be less than 6 months after issuance of the order that the provider is an impaired provider.

(4) The notice shall be given in the manner and for the reasonable period of time that the court orders.

(b) (1) Each claimant shall set forth in reasonable detail:

(i) the amount of the claim or the basis on which the amount can be determined;

(ii) the facts on which the claim is based; and

(iii) any priority asserted by the claimant.

(2) Each claim shall:

(i) be verified by the affidavit of the claimant or a person authorized to act on behalf of the claimant who has knowledge of the facts; and

(ii) be supported by any documents that may be material to the claim.

(3) Each claim shall be filed with the receiver in the State on or before the last date specified under this subtitle for filing of claims.

(c) The receiver shall:

(1) report a claim to the court:

(i) within 10 days after receiving the claim; or

(ii) within an additional period set by the court for good cause shown; and

(2) recommend in the report action to be taken on the claim.

(d) (1) On receipt of the report of the receiver, the court shall:

(i) set a time for hearing the claim; and

(ii) direct the claimant or receiver to give notice as the court determines to each person that appears to the court to be interested in the claim.

(2) The notice given in accordance with this subsection shall:

(i) specify the time and place of the hearing; and

(ii) state concisely:

1. the amount and nature of the claim;

2. any priority asserted by the claimant; and

3. the recommendation of the receiver about the claim.

(e) (1) At the hearing specified under subsection (d) of this section:

(i) each person with an interest in the claim may appear; and

(ii) the court shall issue an order in which the court allows in part, or disallows the claim.

(2) An order under this subsection is a final order subject to appeal.
Md. Code, State Government § 10-1301 — MD Code / Article gsg / Title 10 / Subtitle 13 / Section 10-1301
§10–1301.
Status: in_force

§10–1301. IN EFFECT

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

(b) “Encryption” means the protection of data in electronic or optical form, in storage or in transit, using a technology that:

(1) is certified to meet or exceed the level that has been adopted by the Federal Information Processing Standards issued by the National Institute of Standards and Technology; and

(2) renders such data indecipherable without an associated cryptographic key necessary to enable decryption of such data.

(c) (1) “Personal information” means an individual’s first name or first initial and last name, personal mark, or unique biometric or genetic print or image, in combination with one or more of the following data elements:

(i) a Social Security number;

(ii) a driver’s license number, state identification card number, or other individual identification number issued by a unit;

(iii) a passport number or other identification number issued by the United States government;

(iv) an Individual Taxpayer Identification Number; or

(v) a financial or other account number, a credit card number, or a debit card number that, in combination with any required security code, access code, or password, would permit access to an individual’s account.

(2) “Personal information” does not include a voter registration number.

(d) “Reasonable security procedures and practices” means data security procedures and practices developed, in good faith, and set forth in a written information security policy.

(e) “Records” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(f) “Unit” means:

(1) an executive agency, or a department, a board, a commission, an authority, a public institution of higher education, a unit or an instrumentality of the State; or

(2) a county, municipality, bi–county, regional, or multicounty agency, county board of education, public corporation or authority, or any other political subdivision of the State.

§10–1301. ** TAKES EFFECT OCTOBER 1, 2024 PER CHAPTER 429 OF 2020 **

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

(b) “Encryption” means the protection of data in electronic or optical form, in storage or in transit, using a technology that:

(1) is certified to meet or exceed the level that has been adopted by the Federal Information Processing Standards issued by the National Institute of Standards and Technology; and

(2) renders such data indecipherable without an associated cryptographic key necessary to enable decryption of such data.

(c) (1) “Personal information” means an individual’s first name or first initial and last name, personal mark, or unique biometric or genetic print or image, in combination with one or more of the following data elements:

(i) a Social Security number;

(ii) a driver’s license number, state identification card number, or other individual identification number issued by a unit;

(iii) a passport number or other identification number issued by the United States government;

(iv) an Individual Taxpayer Identification Number; or

(v) a financial or other account number, a credit card number, or a debit card number that, in combination with any required security code, access code, or password, would permit access to an individual’s account.

(2) “Personal information” does not include a voter registration number.

(d) “Reasonable security procedures and practices” means data security procedures and practices developed, in good faith, and set forth in a written information security policy.

(e) “Records” means information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form.

(f) (1) “Unit” means:

(i) an executive agency, or a department, a board, a commission, an authority, a unit, or an instrumentality of the State; or

(ii) a county, municipality, bi–county, regional, or multicounty agency, county board of education, public corporation or authority, or any other political subdivision of the State.

(2) “Unit” does not include a public institution of higher education.
Md. Code, Human Services § 10-1002 — MD Code / Article ghu / Title 10 / Subtitle 10 / Section 10-1002
§10–1002.
Status: in_force

(a) There is an Aging and Disability Resource Center Program, known as “Maryland Access Point”, in the Department.

(b) The Program is the State’s Aging and Disability Resource Center for purposes of the federal Older Americans Act Amendments of 2006.

(c) The purpose of the Program is to provide a coordinated system of information and access for individuals seeking long–term services and supports, including in–home, community–based, and institutional services.

(d) The Department shall provide periodic training to the Maryland Access Point network to increase awareness of the availability of the State’s earned income tax credit established under § 10–704 of the Tax – General Article.

(e) The Department shall administer, supervise, and coordinate the Program with the cooperation of the Department of Disabilities, the Department of Human Services, the Governor’s Office of the Deaf and Hard of Hearing, and the Maryland Department of Health.
Md. Code, Economic Development § 10-415 — MD Code / Article gec / Title 10 / Subtitle 4 / Section 10-415
§10–415.
Status: in_force

(a) (1) On or before October 1 of each year, the Corporation shall report to the Governor, the Maryland Economic Development Commission, and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(2) The report required under this subsection shall include:

(i) a complete operating and financial statement covering the Corporation’s operations;

(ii) a summary of the Corporation’s activities during the preceding fiscal year;

(iii) information on all salaries and any incentives approved by the Board for Corporation employees;

(iv) information on outreach, training, mentorship, support, and investment in minority and women–owned qualified businesses, including support for marketing by the Maryland Small Business Development Financing Authority;

(v) information on entities that have current investments and entities that received funding or investments in the current year on the:

1. principal business operations;

2. number of employees in the State and the number of employees outside the State;

3. capital or other investments made in the State; and

4. proposed and actual job creation or capital investment in the State as a result of the investment or support;

(vi) a list of businesses that have received funding that would no longer qualify as a qualified business; and

(vii) information on the creation of and appointments made to an advisory committee and the responsibilities of the advisory committee and members of the committee.

(b) (1) On or before October 1 each year, beginning in 2023, and every 6 months thereafter, the Corporation shall report to the Governor, the Maryland Economic Development Commission, and, in accordance with § 2–1257 of the State Government Article, the Joint Audit and Evaluation Committee and the General Assembly.

(2) The report required under this subsection shall include a list of the qualified businesses or other businesses receiving support through programs administered by the Corporation, including those receiving investments made under § 21–123.2 of the State Personnel and Pensions Article.

(3) The list of qualified businesses or other businesses receiving support shall include for each business:

(i) the number of employees in the State;

(ii) the number of employees outside the State;

(iii) the capital or other investments made in the State; and

(iv) proposed job creation or capital investment in the State as a result of the investment or support.

(c) (1) On or before October 1, 2024, and each October 1 thereafter, the Corporation shall report to the Governor, the Maryland Economic Development Commission, and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the following information from the immediately preceding fiscal year:

(i) the number of applications the Corporation received;

(ii) the amount of investment funding that was available at the beginning of the fiscal year;

(iii) the amount of investment funding that was available at the end of the fiscal year;

(iv) the amount of investment funding that was requested;

(v) the number of applicants the Corporation invested in; and

(vi) the amount of investment funding the Commission awarded.

(2) The information reported in accordance with paragraph (1) of this subsection shall:

(i) specify which applications and investments were from social impact funds, seed funds, and the Maryland Venture Fund; and

(ii) if available, provide information that has been de–identified and disaggregated on applicants and qualified business founders by race, ethnicity, age, gender, disability status, veteran status, and geographic location and the degree to which applicants and founders identify with more than one demographic category.
Md. Code, Economic Development § 10-803 — MD Code / Article gec / Title 10 / Subtitle 8 / Section 10-803
§10–803.
Status: in_force

(a) This subtitle shall be liberally construed to carry out its purposes.

(b) This subtitle may not be construed to limit or restrict the duties, programs, or authority of the Maryland Energy Administration.
Md. Code, State Government § 10-603 — MD Code / Article gsg / Title 10 / Subtitle 6 / Section 10-603
§10–603.
Status: in_force

(a) The plan shall:

(1) ensure that the forms management officer approves the use of a form by the department or independent unit only if the form:

(i) is needed for the effective or efficient operation of the department or independent unit;

(ii) requests information that is needed for or relevant to a lawful purpose of the department or independent unit;

(iii) does not impose an undue burden on the individual who is to complete the form;

(iv) is as brief, as plainly written, as well designed, and as easily completed as possible; and

(v) does not duplicate unnecessarily:

1. another form of the department or independent unit; or

2. a form of another department or independent unit;

(2) require a register of the forms that the forms management officer approves;

(3) require identification of each form in accordance with a standard identification system of the Division;

(4) provide for the most economical system by which to prepare, reproduce, and use a form; and

(5) require the forms management officer:

(i) to review periodically each form that has been approved to determine whether the officer still approves the form; and

(ii) if not, to remove the form from the register.

(b) In addition to any duties set forth elsewhere, the Division shall:

(1) develop a standard identification system to identify forms;

(2) help each department and independent unit to:

(i) develop a proposed plan; and

(ii) coordinate the proposed plan with other plans;

(3) review each proposed plan;

(4) approve each proposed plan that meets the requirements of this section; and

(5) monitor and help in the administration of each plan to ensure compliance.

(c) (1) In the preparation of a form that requires identification of individuals by race, a department or independent unit shall include the following racial categories:

(i) American Indian or Alaska Native;

(ii) Asian;

(iii) Black or African American;

(iv) Native Hawaiian or other Pacific Islander; and

(v) White.

(2) A form that requires identification of individuals by race shall include instructions that multiracial respondents may select all applicable racial categories.

(3) (i) Respondents shall select their own answers, except when it is not possible for the respondent to do so.

(ii) In the event that a respondent is not able to select an answer, an observer, such as a family member or friend, may select the answer on behalf of the respondent.

(4) A form that requires identification of individuals by race shall include a separate question about whether a respondent is of Hispanic or Latino origin, with the question preceding the racial category question.
Md. Code, Real Property § 10-108 — MD Code / Article grp / Title 10 / Subtitle 1 / Section 10-108
§10–108.
Status: in_force

If a vendor fails to comply with the provisions of § 10-105 or § 10-107 of this subtitle, the purchaser has the right to enforce these sections in a court of equity. If the court finds that the vendor has failed to comply with these provisions, the court shall grant appropriate relief and shall require the vendor to assume all court costs as well as a reasonable counsel fee for the purchaser’s attorney.
Md. Code, State Finance and Procurement § 10-305 — MD Code / Article gsf / Title 10 / Subtitle 3 / Section 10-305
§10–305.
Status: reserved

(a) Subject to subsections (b) and (c) of this section, any real or personal property of the State or a unit of the State government may be sold, leased, transferred, exchanged, granted, or otherwise disposed of:

(1) to any person, to the United States or any of its units, or to any unit of the State government, for a consideration the Board decides is adequate; or

(2) to any county or municipal corporation in the State subject to any conditions the Board imposes.

(b) (1) (i) Except as provided under subparagraph (ii) of this paragraph, this subsection applies to the sale, transfer, grant, or exchange of:

1. real property identified under § 5–310(c)(1) of this article; and

2. State–owned real or personal property, funded in accordance with an appropriation act of the General Assembly, that has an appraised value over $100,000.

(ii) This subsection does not apply to the following dispositions of property identified in subparagraph (i) of this paragraph:

1. leasing the property;

2. the sale, transfer, grant, or exchange of a corrective or access easement on the property; or

3. an exchange by the Department of Natural Resources under § 1–109(e)(3) of the Natural Resources Article.

(2) The Board may not approve the sale, transfer, exchange, or grant of property until:

(i) the Department of General Services or the Department of Natural Resources under Title 1, Subtitle 1 of the Natural Resources Article has submitted to the Board two independent appraisals of the property that:

1. with regard to real property, consider the value of any restrictive covenant that may be placed on the property; and

2. may not be publicly disclosed if the property is to be sold at auction;

(ii) the following information has been submitted, by electronic mail or facsimile and by certified mail, to the Senate Budget and Taxation Committee, the House Appropriations Committee, and, for property that meets both criteria of paragraph (1)(i) of this subsection, the Legislative Policy Committee:

1. a description of the property; and

2. if applicable, any justification for not selling, transferring, exchanging, or granting the property in a manner that generates the highest return for the State;

(iii) 45 days have elapsed since:

1. the information required by item (ii) of this paragraph was received by the appropriate committees; and

2. the Board declared the property surplus; and

(iv) except for property sold under paragraph (4) of this subsection, for property that meets both criteria under paragraph (1)(i) of this subsection and for which the Board intends to approve a fee simple sale, transfer, exchange, or grant, the General Assembly has approved the proposed disposition as provided under paragraph (3) of this subsection.

(3) (i) Within 45 days after receiving the information submitted under paragraph (2) of this subsection, the Legislative Policy Committee shall:

1. review the information and the public record created by the Department of Planning for the property; and

2. A. approve the proposed disposition of the surplus property and refer the property back to the Board for final disposition; or

B. refer the proposed disposition of the property to the full General Assembly and notify the Board of the referral.

(ii) If the Legislative Policy Committee fails to take any action under subparagraph (i)2 of this paragraph within the specified time period, the proposed disposition shall be deemed approved by the Committee.

(iii) 1. If the proposed disposition of the surplus property is referred by the Legislative Policy Committee to the full General Assembly, the proposed disposition may not be approved by the Board unless it is approved by the passage of legislation during the next legislative session of the General Assembly.

2. In any legislation passed in accordance with subsubparagraph 1 of this subparagraph, the General Assembly may approve the proposed disposition with or without conditions.

(4) If the Board has declared the property surplus, the Board shall sell the property to the federal government, a local government, or a unit of federal or local government for $1.00, if:

(i) the government or unit has indicated its interest in acquiring the land; and

(ii) a restrictive covenant is placed on the deed of transfer, in accordance with § 5–906(e)(7) and (8) of the Natural Resources Article, that requires the property to be maintained in a use that is consistent with its use at the time of transfer.

(5) Any revenues derived from the sale, transfer, exchange, or grant of property identified under paragraph (1)(i)1 of this subsection shall be deposited in the Advance Option and Purchase Fund under § 5–904(b) of the Natural Resources Article.

(6) If the Board has declared the property surplus, the Board shall donate or sell the property determined by the Department of Housing and Community Development to be suitable for use or redevelopment as affordable housing in accordance with a proposal developed under § 2–203 of the Housing and Community Development Article.

(c) (1) This subsection does not apply to:

(i) property that will be acquired with Program Open Space funds under Title 5, Subtitle 9 of the Natural Resources Article;

(ii) property that will be acquired with Rural Legacy Program funds under Title 5, Subtitle 9A of the Natural Resources Article;

(iii) property that will be acquired with Local Land Preservation Program funds under Title 5, Subtitle 9B of the Natural Resources Article;

(iv) property that will be acquired with Community Parks and Playgrounds Program funds under Title 5, Subtitle 9C of the Natural Resources Article;

(v) property that will be acquired with funds from the Heritage Conservation Fund under Title 5, Subtitle 15 of the Natural Resources Article;

(vi) property that will be acquired with funds from the Forest and Park Reserve Fund established under § 5–212 of the Natural Resources Article;

(vii) property that will be acquired with federal grant funds made available to the Department of Natural Resources for open space, recreation, or conservation purposes;

(viii) property that will be acquired by the Maryland Environmental Trust;

(ix) a Maryland Agricultural Land Preservation Foundation easement acquired under § 2–504 of the Agriculture Article;

(x) federally owned military property;

(xi) property that will be acquired by the Maryland Aviation Administration; or

(xii) property that will be acquired by the Maryland Port Administration.

(2) The Board may not approve the acquisition of real property with an appraised value of at least $500,000 unless the Board has provided to the Legislative Policy Committee:

(i) a justification for the planned acquisition; and

(ii) on request of the cochairs of the Legislative Policy Committee made within 14 days after receiving the justification under item (i) of this paragraph:

1. a cost–benefit analysis of the planned acquisition; and

2. at least 45 days to review the information provided under this paragraph and comment on the planned acquisition before the acquisition is approved.

(3) If the acquisition of real property with an appraised value of at least $500,000 from the federal government would require the State to provide ongoing maintenance of the property, the Board may not approve the acquisition until the Board has provided to the Legislative Policy Committee:

(i) notice that the acquisition would require the State to provide ongoing maintenance of the property; and

(ii) on request of the cochairs of the Legislative Policy Committee within 14 days after receiving the notice provided under item (i) of this paragraph, a study regarding the ongoing fiscal impact the acquisition would have on the State, including any environmental mitigation that may be required.

(d) Except as otherwise provided in this section:

(1) if any real or personal property disposed of under this section is not under the jurisdiction or control of any particular unit of the State government, the deed, lease, or other evidence of conveyance of the real or personal property shall be executed by the Board; and

(2) if any real or personal property disposed of under this section is under the jurisdiction or control of a unit of the State government, the deed, lease, or other evidence of conveyance of the real or personal property shall be executed by the highest official of the unit and by the Board.

(e) (1) Whenever any unit of the State government leases any State–owned property under its jurisdiction and control to any State employee, agent, or servant, or to any other individual in State service, for the purpose of permitting the individual to maintain a residence on or in the property, the lease shall be:

(i) executed by the unit; and

(ii) approved by the Secretary of General Services.

(2) The lease is not valid unless the Secretary of General Services approves it.

(3) Whenever any unit of the State government leases any State–owned property under its jurisdiction and control to any lessee, the lease shall include a provision which prohibits the lessee from assigning or subleasing that property without the prior approval of the Board of Public Works.

(4) (i) Whenever the State Highway Administration leases any State–owned property under its jurisdiction and control to any person, the Administrator of the State Highway Administration may execute the lease if:

1. the lease is entered into on a 30–day renewable basis; and

2. the duration of the tenancy does not exceed 1 year.

(ii) At least twice each year, the Administrator of the State Highway Administration shall submit a report of the leases executed under the authority granted in subparagraph (i) of this paragraph to the Board of Public Works.

(5) (i) Whenever the Department of Natural Resources leases any State–owned property under its jurisdiction and control to any lessee, the lease shall include a provision that requires the lessee to:

1. maintain unobstructed access to trail heads by trail users and first responders; and

2. ensure that the trail heads remain free of obstructions at all times.

(ii) At least once each year, the Secretary of Natural Resources shall submit a report of all leases executed by the Department of Natural Resources to the Department of General Services.

(f) (1) On the sale, lease, transfer, exchange, or other disposition of any real or personal property owned or controlled by the State Retirement and Pension System or the State of Maryland for the use of the Board of Trustees of the State Retirement and Pension System, any conveyancing document shall be executed in the manner provided in Division II of the State Personnel and Pensions Article.

(2) Any sale, lease, transfer, exchange or other disposition of any real or personal property owned or controlled by the State Retirement and Pension System or the State of Maryland for the use of the Board of Trustees of the State Retirement and Pension System by a conveyancing document executed by or for the Board of Trustees of the State Retirement and Pension System before October 1, 1994 in the manner provided under former Article 73B is ratified and confirmed.

(g) All conveyances under this section shall be made in the name of the State of Maryland, acting through the executing authority provided for in this section.

(h) This section does not apply to any lease or other temporary transfer, grant, or disposition of State real or personal property in connection with a procurement made subject to § 11–202(3) of this article.

(i) The Department of Budget and Management and Department of General Services, with the approval of the Board, shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article to implement the provisions of this section.
Md. Code, State Government § 10-802 — MD Code / Article gsg / Title 10 / Subtitle 8 / Section 10-802
§10–802.
Status: in_force

Each unit shall adopt written policies that are within the legal authority of the unit for:

(1) the procedures to be followed by the unit in responding to a public communication;

(2) the circumstances that require the unit to maintain a record of a public communication and of the response of the unit; and

(3) the manner of maintaining records of public communications and of the responses of the unit.
Md. Code, Local Government § 10-323 — MD Code / Article glg / Title 10 / Subtitle 3 / Section 10-323
§10–323.
Status: in_force

(a) A county may enact local laws providing for the development and administration of a recreational program including:

(1) the construction, equipment, and use of parks, community centers, and recreational buildings and facilities;

(2) the acquisition of sites for parks, community centers, and recreational buildings and facilities;

(3) financial support for artistic, musical, and cultural public and private nonprofit organizations and activities; and

(4) the furnishing of recreational and other municipal services in connection with parks, community centers, and recreational buildings and facilities.

(b) A county may exercise the authority granted under Title 1, Subtitle 6 of this article.
Md. Code, Business Regulation § 10-410 — MD Code / Article gbr / Title 10 / Subtitle 4 / Section 10-410
§10–410.
Status: in_force

Each petroleum transporter required by regulation to report to the Comptroller shall:

(1) report monthly on the form required by the Comptroller all motor fuel that the petroleum transporter imports into or exports from the State;

(2) keep for 2 years a record of each interstate and each intrastate shipment of motor fuel;

(3) on request, provide these records to the Comptroller; and

(4) report immediately to the Comptroller the loss of any motor fuel, unless the loss is due to:

(i) temperature correction; or

(ii) a spill that is reported to another State unit.
Md. Code, Corporations and Associations § 10-804 — MD Code / Article gca / Title 10 / Subtitle 8 / Section 10-804
§10–804.
Status: in_force

Upon the winding up of a limited partnership, the assets shall be distributed as follows:

(1) To creditors, including partners who are creditors, to the extent permitted by law, in satisfaction of liabilities of the limited partnership other than liabilities for distributions to partners under § 10-601 or § 10-604 of this title;

(2) Unless otherwise provided in the partnership agreement, to partners and former partners in satisfaction of liabilities for distributions under § 10-601 or § 10-604 of this title; and

(3) Unless otherwise provided in the partnership agreement, to partners first for the return of their contributions and second respecting their partnership interests, in the proportions in which the partners share in distributions.
Md. Code, State Government § 10-1602 — MD Code / Article gsg / Title 10 / Subtitle 16 / Section 10-1602
§10–1602.
Status: in_force

This subtitle applies to all legal material in an electronic record that is:

(1) designated as official under § 10–1603 of this subtitle; and

(2) first published electronically on or after October 1, 2017.
Md. Code, Natural Resources § 10-610 — MD Code / Article gnr / Title 10 / Subtitle 6 / Section 10-610
§10–610.
Status: in_force

(a) (1) In order to provide greater public access and use of wild waterfowl blinds, in each county of the State where wild waterfowl are adequate and hunting is allowed under this subtitle, the Department shall locate and construct blinds on public lands under the Department’s control and make the blinds available for public use.

(2) The Department may allow the hunting of wild waterfowl from a boat that is drifting or anchored or while standing in the water on the natural bottom in waters adjacent to lands owned or managed by the Department.

(3) Except for the purpose of animal control, the Department may not allow waterfowl hunting on public land under this section unless the public land is open to public hunting.

(b) The Department shall encourage local and federal government to make opportunities available for the public to hunt waterfowl from blinds located on public lands under the jurisdiction of the local or federal government by:

(1) Entering into an agreement with the local or federal government to construct the blinds and manage their use; or

(2) Advising the local or federal government on the proper construction, location, and management of blinds to be used by the public for hunting wild waterfowl.
Md. Code, Health - General § 10-412 — MD Code / Article ghg / Title 10 / Subtitle 4 / Section 10-412
§10–412.
Status: in_force

(a) From among its members, each Board shall elect a chairman and other officers that the Board considers necessary.

(b) The manner of election of officers and their terms of office shall be as the Board determines.
Md. Code, Human Services § 10-802 — MD Code / Article ghu / Title 10 / Subtitle 8 / Section 10-802
§10–802.
Status: in_force

There is a Maryland Communities for a Lifetime Program in the Department.
Md. Code, Economic Development § 10-4A-28 — MD Code / Article gec / Title 10 / Subtitle 4A / Section 10-4A-28
§10–4A–28.
Status: reserved

(a) (1) The Corporation shall submit a report on the implementation of the Program.

(2) The report required under this section shall be submitted to the Senate Budget and Taxation Committee and the House Ways and Means Committee.

(3) The Corporation shall publish the report on the Corporation’s website in a publicly available format.

(4) The report published on the website may not include any proprietary or confidential information.

(b) The report shall include:

(1) with respect to each purchaser of premium tax credits under the Program:

(i) the name of the purchaser of premium tax credits;

(ii) the amount of premium tax credits allocated to the purchaser;

(iii) the amount of designated capital the purchaser contributed for the issuance of the tax credit certificate; and

(iv) the amount of any tax credits that have been transferred under § 10–4A–12 of this subtitle;

(2) with respect to each venture firm that has received an allocation of designated capital:

(i) the name and address of the venture firm;

(ii) the names of the individuals making decisions on behalf of the venture firm to make qualified investments under the Program;

(iii) the amount of designated capital received during the previous fiscal year;

(iv) the cumulative amount of designated capital received;

(v) the amount of designated capital remaining uninvested at the end of the previous fiscal year;

(vi) the names and locations of qualified businesses receiving designated capital and the amount of each qualified investment;

(vii) for the previous fiscal year, the aggregate fair market value of all qualified investments as calculated according to generally accepted accounting principles; and

(viii) the amount of any qualified distribution or nonqualified distribution taken during the previous fiscal year, including any management fee;

(3) with respect to the Enterprise Fund:

(i) the amount of designated capital received during the previous fiscal year;

(ii) the cumulative amount of designated capital received;

(iii) the amount of designated capital remaining uninvested at the end of the previous fiscal year;

(iv) the names and locations of qualified businesses receiving designated capital and the amount of each qualified investment; and

(v) for the previous fiscal year, the aggregate fair market value of all qualified investments as calculated according to generally accepted accounting principles;

(4) with respect to the Financing Authority:

(i) the amount of designated capital received during the previous fiscal year and the amount allocated to the Equity Participation Investment Program;

(ii) the cumulative amount of designated capital received;

(iii) the amount of designated capital remaining uninvested at the end of the previous fiscal year;

(iv) the names and locations of qualified businesses receiving designated capital and the amount of each qualified investment; and

(v) for the previous fiscal year, the aggregate fair market value of all qualified investments as calculated under generally accepted accounting principles; and

(5) for the previous fiscal year, with respect to the qualified businesses in which venture firms, the Enterprise Fund, or the Financing Authority have invested:

(i) the classification of the qualified businesses according to the industrial sector and the size of the business;

(ii) the total number of jobs created in the State by the investment and the average wages paid for the jobs; and

(iii) the total number of jobs retained in the State as a result of the investment and the average wages paid for the jobs.
Md. Code, Economic Development § 10-862 — MD Code / Article gec / Title 10 / Subtitle 8 / Section 10-862
§10–862.
Status: in_force

This subtitle may be cited as the “Maryland Clean Energy Center Act”.
Md. Code, Criminal Procedure § 10-242 — MD Code / Article gcp / Title 10 / Subtitle 2 / Section 10-242
§10–242.
Status: in_force

(a) To the extent authorized by Section 552A of Title 5, (commonly known as the “Privacy Act of 1974”), the FBI shall provide on request criminal history records (excluding sealed records) to state criminal history records repositories for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the Attorney General and that authorizes national indices checks.

(b) The FBI, to the extent authorized by Section 552A of Title 5, (commonly known as the “Privacy Act of 1974”), and state criminal history records repositories shall provide criminal history records (excluding sealed records) to criminal justice agencies and other governmental or nongovernmental agencies for noncriminal justice purposes allowed by federal statute, federal executive order, or a state statute that has been approved by the Attorney General, that authorizes national indices checks.

(c) Any record obtained under this Compact may be used only for the official purposes for which the record was requested. Each Compact officer shall establish procedures, consistent with this Compact, and with rules, procedures, and standards established by the Council under Section 10-244 of this subtitle, which procedures shall protect the accuracy and privacy of the records, and shall:

(1) ensure that records obtained under this Compact are used only by authorized officials for authorized purposes;

(2) require that subsequent record checks are requested to obtain current information whenever a new need arises; and

(3) ensure that record entries that may not legally be used for a particular noncriminal justice purpose are deleted from the response and, if no information authorized for release remains, an appropriate “no record” response is communicated to the requesting official.
Md. Code, Financial Institutions § 10-101 — MD Code / Article gfi / Title 10 / Subtitle 1 / Section 10-101
§10–101.
Status: in_force

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

(b) “Association” means a corporation or mutual association that is chartered under the laws of this State as a savings and loan association.

(c) “Board” means the Board of Directors of the State of Maryland Deposit Insurance Fund Corporation.

(d) “Division Director” means the Director of the Division of Savings and Loan Associations.

(e) “Federal insurance” means insurance provided by the Federal Savings and Loan Insurance Corporation.

(f) “Fund” means the State of Maryland Deposit Insurance Fund Corporation.

(g) “Fund Director” means the Director of the State of Maryland Deposit Insurance Fund Corporation.

(h) “Insured institution” means:

(1) A national banking association, a federal savings bank, or a banking institution incorporated as a State bank, trust company, savings bank, or other similar institution, whether under the laws of this or any other state, the deposits of which are insured by the Federal Deposit Insurance Corporation; or

(2) A federal savings and loan association, a federal savings bank, a savings and loan association, a building and loan association, or a similar institution incorporated under the laws of this or any other state, the deposits of which are insured by the Federal Savings and Loan Insurance Corporation.

(i) “Major association” means an association with total assets of $40,000,000 or more.

(j) “Member association” means an association that is a member of the State of Maryland Deposit Insurance Fund Corporation.

(k) “Savings account” means a savings share account, a savings deposit account, or any other deposit in an association.
Md. Code, Criminal Law § 10-706 — MD Code / Article gcr / Title 10 / Subtitle 7 / Section 10-706
§10–706.
Status: in_force

This subtitle may be cited as the Maryland Uniform Flag Law.
Md. Code, Election Law § 10-309 — MD Code / Article gel / Title 10 / Subtitle 3 / Section 10-309
§10–309.
Status: in_force

(a) In accordance with instructions provided by the election director, an election judge shall arrive at the polling place and, under the direction of the chief judge, set up the polling place to assure that the polls will be open and operational at 7 a.m.

(b) Except as provided in § 10-303(d)(2)(ii) of this subtitle, an election judge shall admit an accredited challenger or watcher one-half hour before the polling place is open.
Md. Code, Local Government § 10-101 — MD Code / Article glg / Title 10 / Subtitle 1 / Section 10-101
§10–101.
Status: in_force

This title does not apply to Baltimore City.
Md. Code, Economic Development § 10-474 — MD Code / Article gec / Title 10 / Subtitle 4 / Section 10-474
§10–474.
Status: in_force

(a) There is a Maryland Small Business Innovation Research and Technology Transfer Incentive Program.

(b) The Corporation shall administer the Program.

(c) The purpose of the Program is to foster job creation and economic development in the State by:

(1) promoting the commercialization of research conducted by small businesses in the State;

(2) facilitating the transfer of technology from universities and federal research laboratories to small businesses; and

(3) encouraging small businesses, including economically disadvantaged small businesses, to apply for small business innovation research awards and small business technology transfer awards.
Md. Code, Natural Resources § 10-1201 — MD Code / Article gnr / Title 10 / Subtitle 12 / Section 10-1201
§10–1201.
Status: in_force

The General Assembly hereby approves and the Governor is authorized to enter into a compact on behalf of this State with any other state or states in a form substantially as follows:

ARTICLE I

Findings, Declaration of Policy, and Purpose

(a) The participating states find that:

(1) Wildlife resources are managed in trust by the respective states for the benefit of all residents and visitors;

(2) The protection of the wildlife resources of a state is materially affected by the degree of compliance with state statutes, laws, regulations, rules, and ordinances relating to the management of those resources;

(3) The preservation, protection, management, and restoration of wildlife resources contributes immeasurably to the aesthetic, recreational, and economic values of a state;

(4) Wildlife resources are valuable without regard to political boundaries; therefore, every person should be required to comply with wildlife preservation, protection, management, and restoration statutes, laws, rules, regulations, and ordinances of the participating states as a condition precedent to the continuance or issuance of any license to hunt, fish, trap, or possess wildlife;

(5) Violation of wildlife laws interferes with the management of wildlife resources and may endanger the safety of persons and property;

(6) The mobility of many wildlife law violators necessitates the maintenance of channels of communication among the various states;

(7) In most instances, a person who is cited for a wildlife violation in a state other than the person’s home state:

(i) Is required to post collateral or a bond to secure an appearance for a trial at a later date;

(ii) Is taken into custody until the collateral or bond is posted; or

(iii) Is taken directly to court for an immediate appearance;

(8) The purpose of the enforcement practices set forth in paragraph (7) of this subsection is to ensure compliance with the terms of a wildlife citation by the cited person who, if allowed to continue on the person’s way after receiving the citation, could return to the person’s home state and disregard any duty under the terms of the citation;

(9) In most instances, a person receiving a wildlife citation in the person’s home state is allowed to accept the citation from the officer at the scene of the violation and immediately continue on the person’s way after agreeing or being instructed to comply with the terms of the citation;

(10) The practices described in paragraph (7) of this subsection cause unnecessary inconvenience and, at times, a hardship for the person who is unable at the time to post collateral, furnish a bond, stand trial, or pay a fine, and thus is compelled to remain in custody until some alternative arrangement is made; and

(11) The enforcement practices described in paragraph (7) of this subsection consume an undue amount of law enforcement time.

(b) It is the policy of the participating states to:

(1) Promote compliance with the statutes, laws, regulations, rules, and ordinances relating to management of wildlife resources in their respective states;

(2) Recognize the suspension of wildlife license privileges of a person whose license privileges have been suspended by a participating state and treat that suspension as if it had occurred in their state;

(3) Allow a violator, except as provided in Article III, subsection (b) of this Compact, to accept a wildlife citation and, without delay, proceed on the person’s way, regardless of the violator’s home state, if that state is a party to this Compact;

(4) Report to the appropriate participating state, as provided in the Compact manual, a conviction recorded against a person whose home state was not the issuing state;

(5) Allow the home state to recognize and treat convictions recorded against its residents that occurred in a participating state as though they had occurred in the home state;

(6) Extend cooperation to its fullest extent among the participating states for enforcing compliance with the terms of a wildlife citation issued in one participating state to a resident of another participating state;

(7) Maximize effective use of law enforcement personnel and information; and

(8) Assist court systems in the efficient disposition of wildlife violations.

(c) The purpose of this Compact is to:

(1) Provide a means through which participating states may join in a reciprocal program to effectuate the policies enumerated in subsection (b) of this article in a uniform and orderly manner; and

(2) Provide for the fair and impartial treatment of wildlife violators operating within participating states in recognition of violators’ rights to due process and the sovereign status of a participating state.

ARTICLE II

Definitions

As used in this Compact, unless the context requires otherwise, the following words have the meanings indicated:

(a) “Citation” means a summons, complaint, summons and complaint, ticket, penalty assessment, or other official document issued to a person by a wildlife officer or other law enforcement officer for a wildlife violation that contains an order requiring the person to respond.

(b) “Collateral” means cash or other security deposited to secure an appearance for trial in connection with the issuance by a wildlife officer or other law enforcement officer of a citation for a wildlife violation.

(c) “Compliance” with respect to a citation means the act of answering a citation through an appearance in a court or tribunal, or through the payment of fines, costs, and surcharges, if any.

(d) (1) “Conviction” means a conviction, including a court conviction, for an offense related to the preservation, protection, management, or restoration of wildlife that is prohibited by state statute, law, regulation, rule, or ordinance.

(2) “Conviction” includes the forfeiture of bail, bond, or other security deposited to secure the appearance of a person charged with having committed the offense, the payment of a penalty assessment, a plea of nolo contendere, and the imposition of a deferred or suspended sentence by the court.

(e) (1) “Court” means a court of law.

(2) “Court” includes a magistrate’s court.

(f) “Home state” means the state of primary residence of a person.

(g) “Issuing state” means the participating state that issues a wildlife citation to the violator.

(h) “License” means a license, permit, or other public document that conveys to the person to whom it was issued the privilege of pursuing, possessing, or taking any wildlife regulated by statute, law, regulation, rule, or ordinance of a participating state.

(i) “Licensing authority” means the governmental unit in each participating state that is authorized by law to issue or approve licenses or permits to hunt, fish, trap, or possess wildlife.

(j) “Participating state” means a state that enacts legislation to become a member of this wildlife Compact.

(k) “Personal recognizance” means an agreement by a person made at the time of issuance of the wildlife citation that the person will comply with the terms of the citation.

(l) “State” means a state, territory, or possession of the United States, the District of Columbia, and the Commonwealth of Puerto Rico.

(m) “Suspension” means a revocation, denial, or withdrawal of any or all license privileges, including the privilege to apply for, purchase, or exercise the benefits conferred by a license.

(n) “Terms of the citation” means the conditions and options expressly stated in the citation.

(o) “Wildlife” means all species of animals including, but not limited to, mammals, birds, fish, reptiles, amphibians, mollusks, and crustaceans, that are defined as “wildlife” and are protected or otherwise regulated by statute, law, rule, regulation, or ordinance in a participating state. Species included in the definition of “wildlife” vary from state to state. The determination of whether a species is “wildlife” for the purposes of this Compact shall be based on the law of the issuing state.

(p) “Wildlife law” means a statute, law, regulation, rule, or ordinance developed and enacted for the management of and uses of wildlife resources.

(q) “Wildlife officer” means an individual who is authorized by a participating state to issue a citation for a wildlife violation.

(r) “Wildlife violation” means a cited violation of a statute, law, regulation, rule, or ordinance developed and enacted for the management and uses of wildlife resources.

ARTICLE III

Procedures for Issuing State

(a) When issuing a citation for a wildlife violation, if the wildlife officer receives the recognizance of the person that the person will comply with the terms of the citation, a wildlife officer:

(1) Shall issue a citation to a person whose primary residence is in a participating state in the same manner as to a person residing in the issuing state; and

(2) May not require the person to post collateral to secure appearance, subject to the exceptions noted in subsection (b) of this article.

(b) Personal recognizance is acceptable:

(1) If not prohibited by local law or the Compact manual; and

(2) If the violator provides adequate proof of identification, including an identification document that contains the person’s picture, to the wildlife officer.

(c) (1) On conviction or failure of a person to comply with the terms of a wildlife citation, the appropriate official shall report the conviction or failure to comply to the licensing authority of the participating state where the wildlife citation was issued.

(2) The report shall:

(i) Be made in accordance with procedures specified by the issuing state; and

(ii) Contain information as specified in the Compact manual as minimum requirements for effective processing by the home state.

(d) On receiving the report of conviction or noncompliance under subsection (c) of this article, the licensing authority of the issuing state shall transmit to the licensing authority of the home state of the violator the information in the form and content prescribed in the Compact manual.

ARTICLE IV

Procedure for Home State

(a) (1) On receiving a report from the licensing authority of the issuing state reporting the failure of a violator to comply with the terms of a citation, the licensing authority of the home state shall:

(i) Notify the violator;

(ii) Initiate a suspension action in accordance with the home state’s suspension procedures; and

(iii) Suspend the violator’s license privileges until satisfactory evidence of compliance with the terms of the wildlife citation has been furnished by the issuing state to the home state licensing authority.

(2) Due process safeguards shall be accorded to the violator.

(b) On receiving a report of conviction from the licensing authority of the issuing state, the licensing authority of the home state shall:

(1) Enter the conviction in its records; and

(2) Treat the conviction as though the conviction had occurred in the home state for the purposes of the suspension of license privileges.

(c) The licensing authority of the home state shall:

(1) Maintain a record of actions taken; and

(2) Make reports to issuing states as provided in the Compact manual.

ARTICLE V

Reciprocal Recognition of Suspension

(a) All participating states shall recognize the suspension of license privileges of a person by a participating state as though the violation resulting in the suspension had occurred in their state and could have been the basis for suspension of license privileges in their state.

(b) Each participating state shall communicate suspension information to other participating states in a form and content prescribed in the Compact manual.

ARTICLE VI

Applicability of Other Laws

Except as expressly required by provisions of this Compact, nothing in this Compact may be construed to affect the right of a participating state to apply any of its laws relating to license privileges to any person or circumstance or to invalidate or prevent any agreement or other cooperative arrangement between a participating state and a nonparticipating state concerning wildlife law enforcement.

ARTICLE VII

Board of Compact Administrators

(a) (1) For the purpose of administering the provisions of this Compact and to serve as a governing body for the resolution of all matters relating to the operation of this Compact, a Board of Compact Administrators is established. The Board shall be composed of one representative from each of the participating states to be known as the Compact Administrator.

(2) The Compact Administrator shall be appointed by the head of the licensing authority of each participating state and shall serve and be subject to removal in accordance with the laws of the state that the Compact Administrator represents.

(3) A Compact Administrator may provide for an alternate to discharge the Compact Administrator’s duties and perform the Compact Administrator’s functions as a Board member. An alternate may not be entitled to serve unless written notification of the alternate’s identity has been given to the Board.

(b) Each member of the Board of Compact Administrators shall be entitled to one vote. An action of the Board may not be binding unless taken at a meeting at which a majority of the total number of the Board’s votes are cast in favor of the action. Action by the Board may be taken only at a meeting at which a majority of the participating states are represented.

(c) The Board shall elect annually from its membership a chairman and vice chairman.

(d) The Board shall adopt bylaws not inconsistent with the provisions of this Compact or the laws of a participating state for the conduct of its business and shall have the power to amend and rescind its bylaws.

(e) The Board may accept for any of its purposes and functions under this Compact any and all donations and grants of moneys, equipment, supplies, materials, and services, conditional or otherwise, from any state, the United States, or any governmental unit, and may receive, utilize, and dispose of those grants and donations.

(f) The Board may contract with, or accept services or personnel from, any governmental or intergovernmental unit, individual, firm, or corporation, or any private not-for-profit organization or institution.

(g) The Board shall formulate all necessary procedures and develop uniform forms and documents for administering the provisions of this Compact. All procedures and forms adopted in accordance with Board action shall be contained in a Compact manual.

ARTICLE VIII

Entry into Compact and Withdrawal

(a) This Compact shall become effective when it is adopted in a substantially similar form by two or more states.

(b) (1) Entry into the Compact shall be made by resolution of ratification executed by the authorized officials of the applying state and submitted to the chairman of the Board.

(2) The resolution shall substantially be in the form and content as provided in the Compact manual and shall include the following:

(i) A citation of the authority from which the state is empowered to become a party to this Compact;

(ii) An agreement of compliance with the terms and provisions of this Compact; and

(iii) An agreement that Compact entry is with all states participating in the Compact and with all additional states that legally become parties to the Compact.

(3) The effective date of entry shall be specified by the applying state but shall not be less than 60 days after notice has been given:

(i) By the chairman of the Board of Compact Administrators; or

(ii) By the secretariat of the board of each participating state that the resolution from the applying state has been received.

(c) (1) A participating state may withdraw from this Compact by official written notice to each participating state, but the withdrawal may not become effective until 90 days after the notice of withdrawal is given.

(2) The notice shall be directed to the Compact Administrator of each member state.

(3) A withdrawal of any state may not affect the validity of this Compact as to the remaining participating states.

ARTICLE IX

Amendments to the Compact

(a) This Compact may be amended from time to time. Each proposed amendment shall be presented in resolution form to the chairman of the Board of Compact Administrators and shall be initiated by one or more participating states.

(b) Adoption of an amendment shall require endorsement by all participating states and shall become effective 30 days after the date of the last endorsement.

(c) Failure of a participating state to respond to the Compact chairman within 120 days after receipt of a proposed amendment shall constitute endorsement of the proposed amendment.

ARTICLE X

Construction and Severability

This Compact shall be liberally construed so as to effectuate the purposes stated in the Compact. The provisions of this Compact shall be severable and if any phrase, clause, sentence, or provision of this Compact is declared to be contrary to the constitution of a participating state or of the United States, or its applicability to any government, unit, individual, or circumstance is held invalid, the validity of the remainder of this Compact may not be affected by that invalidity. If this Compact shall be held contrary to the constitution of a participating state, the Compact shall remain in full force and effect as to the remaining states and in full force and effect as to the affected participating state as to all severable matters.

ARTICLE XI

Title

This Compact shall be known as the “Interstate Wildlife Violator Compact”.
Md. Code, Health - General § 10-6A-11 — MD Code / Article ghg / Title 10 / Subtitle 6A / Section 10-6A-11
§10–6A–11.
Status: in_force

§10–6A–11. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTERS 703 AND 704 OF 2024 //

Within 30 days before the expiration of an order of assisted outpatient treatment, the respondent’s care coordination team shall provide the respondent with a plan for continued treatment, if considered necessary.
Md. Code, Economic Development § 10-316 — MD Code / Article gec / Title 10 / Subtitle 3 / Section 10-316
§10–316.
Status: in_force

(a) Expenses incurred under this subtitle are payable only from money obtained under this subtitle.

(b) The Authority may not incur a liability in excess of money obtained under this subtitle.
Md. Code, Criminal Law § 10-106 — MD Code / Article gcr / Title 10 / Subtitle 1 / Section 10-106
§10–106.
Status: in_force

(a) A person may not sell or offer for sale a clove cigarette.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to a fine of $500.
Md. Code, Health - General § 10-623 — MD Code / Article ghg / Title 10 / Subtitle 6 / Section 10-623
§10–623.
Status: in_force

(a) If the petitioner under Part IV of this subtitle is not a physician, psychologist, clinical social worker, licensed clinical professional counselor, clinical nurse specialist in psychiatric and mental health nursing, psychiatric nurse practitioner, licensed clinical marriage and family therapist, health officer or designee of a health officer, or peace officer, the petitioner shall present the petition to the court for immediate review.

(b) After review of the petition, the court shall endorse the petition if the court finds probable cause to believe that the emergency evaluee has shown the symptoms of a mental disorder and that the individual presents a danger to the life or safety of the individual or of others.

(c) If the court does not find probable cause, the court shall indicate that fact on the petition, and no further action may be taken under the petition.
Md. Code, Tax - General § 10-804 — MD Code / Article gtg / Title 10 / Subtitle 8 / Section 10-804
§10–804.
Status: in_force

(a) Each person required under this subtitle to file an income tax return or estimated income tax declaration or return shall file a return or declaration with the Comptroller, whether or not:

(1) the person owes income tax; or

(2) the Comptroller sends the person a form or otherwise requests that the return or declaration be filed.

(b) (1) Each income tax return and estimated income tax declaration and return shall be:

(i) signed in the same manner required for the signing of a federal return under §§ 6061 through 6064 of the Internal Revenue Code; and

(ii) made under oath.

(2) (i) An individual who is an income tax return preparer with respect to a return or claim for refund of tax shall sign the return or claim for refund after it is completed and before it is presented to the taxpayer or nontaxable entity for signature.

(ii) If the preparer is unavailable for signature, another preparer shall review the entire preparation of the return or claim for refund, and then shall sign the return or claim for refund. The preparer shall sign the return in the manner prescribed by the Comptroller in forms, instructions, or other appropriate guidance.

(3) If more than one income tax return preparer is involved in the preparation of the return or claim for refund, the individual preparer who has the primary responsibility as between or among the preparers for the overall substantive accuracy of the preparation of the return or claim for refund shall be considered to be the income tax return preparer for purposes of paragraph (2) of this subsection.

(c) (1) To properly identify persons listed in a return or other document, a person shall include in the document the Social Security or other identifying number that the Comptroller requires:

(i) of the person required to file the return or document; and

(ii) of the person on whose behalf the return or document is filed.

(2) If a return or document is filed on behalf of a person, that person shall provide the identifying number required in a return or document to the person who files the return or document.

(3) Any return or claim for refund prepared by an income tax return preparer shall bear the identifying number for securing proper identification of the preparer, the preparer’s employer, or both, as prescribed under § 6109(a)(4) of the Internal Revenue Code.

(d) Each resident shall include on the income tax return of the resident:

(1) for an individual other than a fiduciary, the name of the county and municipal corporation, if any, where the resident resides; and

(2) for a personal representative, the name of the county where the decedent was domiciled on the date of the decedent’s death; or

(3) for a fiduciary other than a personal representative, the name of:

(i) the county where the trust is principally administered; or

(ii) if the trust is not principally administered in the State, the county to which the trust is otherwise principally connected.

(e) Each person required under this subtitle to file an income tax return or estimated income tax declaration or return shall:

(1) comply with the regulations of the Comptroller;

(2) keep the records that the Comptroller requires; and

(3) attach to an income tax return or otherwise file with the Comptroller any records or statements that the Comptroller requires, including:

(i) for an individual who has income tax withheld from salary, wages, or other compensation for personal services, or other payments, a copy of the statement from the person who withholds the tax that states:

1. the amount of salary, wages, or other compensation for personal services paid and the income tax withheld; or

2. the amount of payments made and the income tax withheld;

(ii) a copy of the federal income tax return:

1. for a corporation; and

2. if the Comptroller requests, for an individual;

(iii) for a corporation, the statements required under § 10–804.1 of this subtitle; and

(iv) if the Comptroller requests, for a corporation that is a member of an affiliated group or controlled group under § 1504 or § 1563 of the Internal Revenue Code, a statement of all intermember costs or expenses and all intermember sales, exchanges, or other transactions involving tangible or intangible property for the taxable year.

(f) An individual may designate a contribution to the State Chesapeake Bay and Endangered Species Fund, established under §§ 1-701 through 1-706 of the Natural Resources Article, by the checkoff system on the return.

(g) The Comptroller shall provide that an income tax return may be completed using whole dollar amounts instead of expressing amounts in exact dollars and cents by:

(1) disregarding a fractional part of a dollar less than 50 cents; and

(2) increasing to 1 dollar a fractional part of a dollar of at least 50 cents.

(h) An individual may designate a contribution to the Maryland Cancer Fund, established under § 20-117 of the Health - General Article, by the checkoff system on the return.

(i) An individual may designate a contribution to the Waiting List Equity Fund, established under § 7–205 of the Health – General Article, by the checkoff system on the return.

(j) (1) Except as otherwise provided in this subsection, a taxpayer claiming any of the following tax credits shall submit a claim for the credit by electronic means as required by the Comptroller by regulation:

(i) the Job Creation Tax Credit, as provided under Title 6, Subtitle 2 of the Economic Development Article;

(ii) the One Maryland Tax Credit, as provided under Title 6, Subtitle 4 of the Economic Development Article;

(iii) the Biotechnology Investment Incentive Tax Credit, as provided under § 10–725 of this title;

(iv) the Enterprise Zone Income Tax Credit, as provided under § 10–702 of this title; and

(v) any other tax credit specified by the Comptroller through regulation.

(2) Before adding any tax credit not listed in paragraph (1)(i) through (iv) of this subsection to the requirement of this subsection, the Comptroller shall determine whether the addition of the tax credit will have a material adverse impact or undue administrative burden on the Comptroller.

(3) On written request for a waiver by a taxpayer, the Comptroller may grant the taxpayer a waiver of the requirements of this subsection if the taxpayer establishes to the satisfaction of the Comptroller either reasonable cause for not filing the claim for the credit by electronic means or that there is no feasible means of filing the claim for the credit by electronic means without creating undue hardship.

(k) (1) An individual who files an income tax return electronically may elect to use all or a portion of the individual’s income tax refund to purchase U.S. Series I Savings Bonds.

(2) If an individual elects to purchase U.S. Series I Savings Bonds under paragraph (1) of this subsection:

(i) the individual shall make the designation in $50 increments; and

(ii) the Comptroller shall send any remaining portion of the individual’s refund to the individual.

(3) The Comptroller shall adopt regulations to implement the provisions of this subsection.

(l) An individual may designate a contribution to the Maryland Veterans Trust Fund established under § 9–913 of the State Government Article by the checkoff on the return.
Md. Code, Education § 10-101 — MD Code / Article ged / Title 10 / Subtitle 1 / Section 10-101
§10–101.
Status: in_force

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

(b) “Charter” means the Maryland Charter for Higher Education.

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

(d) “For–profit institution of higher education” means an institution of higher education that generally limits enrollment to graduates of secondary schools, awards degrees at the associate, baccalaureate, or graduate level, and is not a public or private nonprofit institution of higher education.

(e) “Governing board” means:

(1) The Board of Regents of the University System of Maryland;

(2) The Board of Regents of Morgan State University;

(3) The Board of Trustees of St. Mary’s College of Maryland; and

(4) The Board of Trustees of Baltimore City Community College.

(f) “Governing body” means:

(1) A governing board;

(2) A board of trustees of a community college;

(3) The governing entity of private nonprofit institutions of higher education;

(4) The governing entity of a for–profit institution of higher education; or

(5) The governing entity of a regional higher education center.

(g) “Independent institution of higher education” means a private nonprofit institution of higher education that generally limits enrollment to graduates of secondary schools, serves a public purpose, and awards degrees at the associate, baccalaureate, or graduate level.

(h) (1) “Institution of higher education” means an institution of postsecondary education that generally limits enrollment to graduates of secondary schools, and awards degrees at either the associate, baccalaureate, or graduate level.

(2) “Institution of higher education” includes public, private nonprofit, and for–profit institutions of higher education.

(i) (1) “Institution of postsecondary education” means a school or other institution that offers an educational program in the State for individuals who are at least 16 years old and who have graduated from or left elementary or secondary school.

(2) “Institution of postsecondary education” does not include:

(i) Any adult education, evening high school, or high school equivalence program conducted by a public school system of the State; or

(ii) Any apprenticeship or on–the–job training program subject to approval by the Apprenticeship and Training Council.

(j) “Private career school” means a privately owned and privately operated institution of postsecondary education other than an institution of higher education that furnishes or offers to furnish programs, whether or not requiring a payment of tuition or fee, for the purpose of training, retraining, or upgrading individuals for gainful employment as skilled or semiskilled workers or technicians in recognized occupations or in new and emerging occupations.

(k) (1) “Private nonprofit institution of higher education” means an institution of higher education that:

(i) Benefits no person through any part of its net earnings;

(ii) Is legally authorized to operate as a nonprofit organization by each state in which it is physically located;

(iii) Is determined by the Internal Revenue Service to be an organization to which contributions are tax–deductible in accordance with 26 U.S.C. 501(c)(3); and

(iv) Generally limits enrollment to graduates of secondary schools and awards degrees at the associate, baccalaureate, or graduate level.

(2) “Private nonprofit institution of higher education” includes an independent institution of higher education.

(3) “Private nonprofit institution of higher education” does not include an institution engaging in a reportable incident unless the Commission has determined that the incident does not constitute private inurement.

(l) “Program” or “educational program” means an organized course of study that leads to the award of a certificate, diploma, or degree.

(m) “Public senior higher education institution” means:

(1) The constituent institutions of the University System of Maryland and the University of Maryland Center for Environmental Science;

(2) Morgan State University; and

(3) St. Mary’s College of Maryland.

(n) “Regional higher education center” means a higher education facility in the State that:

(1) Is operated by a public institution of higher education in the State or a private nonprofit institution of higher education operating under a charter granted by the General Assembly and includes participation by two or more institutions of higher education in the State;

(2) Consists of an array of program offerings from institutions of higher education approved to operate in the State by the Commission or by an act of the General Assembly that specifically satisfies the criteria set forth in § 10–212(b) of this title;

(3) Offers multiple degree levels; and

(4) Is either approved by the Commission to operate in the State or is established by statute.

(o) “Reportable incident” means any of the following as reportable on a private nonprofit institution of higher education’s Form 990 of the Internal Revenue Service:

(1) The engagement in an excess benefit transaction with a disqualified person;

(2) The providing of a grant or other assistance by the institution to a member of the governing body;

(3) The reporting of receivables from or payables to a member of the governing body;

(4) The institution was a party to a business transaction connected to a member of the institution’s governing body;

(5) The institution was a party to a prohibited tax shelter transaction;

(6) The institution participated in an equity–based compensation arrangement; or

(7) The institution paid compensation contingent on the revenue of the institution or any related organization.

(p) “Secretary” means the Secretary of Higher Education.

(q) “State Plan for Higher Education” means the plan for postsecondary education and research required to be developed by the Maryland Higher Education Commission under § 11–105(b) of this article.
Md. Code, Human Services § 10-420 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-420
§10–420.
Status: in_force

(a) Interest expenses may be excluded from the calculation of net operating expenses for a fiscal year, if the provider funded a debt service reserve or other interest reserve under requirements imposed by a financial institution or under applicable financing documents, to the extent the reserve fund included amounts to cover interest for that fiscal year.

(b) (1) Except as otherwise provided in this part, a provider shall set aside for each facility subject to this subtitle operating reserves that:

(i) before January 1, 2023, equal 15% of the facility’s net operating expenses for the most recent fiscal year for which a certified financial statement is available; and

(ii) beginning January 1, 2023, equal 25% of the facility’s net operating expenses for the most recent fiscal year for which a certified financial statement is available.

(2) The provider shall keep the operating reserves in a reasonably liquid form in the judgment of the provider.

(3) Beginning January 1, 2014, the assets held by the provider as the operating reserves required under this subsection:

(i) except as provided in paragraph (4) of this subsection, shall be unrestricted cash and investments; and

(ii) may not:

1. be met with a line of credit; or

2. except as provided in paragraph (4) of this subsection, be hypothecated, pledged as collateral, or otherwise encumbered by the provider in any manner.

(4) Beginning January 1, 2014, the assets held by the provider as the operating reserves may be encumbered if:

(i) the assets are encumbered by contractual obligations undertaken before January 1, 2014, that have not materially changed since January 1, 2014; or

(ii) the assets are encumbered as part of a general security pledge of assets or similar collateralization that is part of the provider’s long–term capital debt covenants included in the provider’s long–term debt indenture or similar financial instrument but which remain available to the provider to pay operating expenses without substantial restrictions or limitations.

(c) (1) A provider shall meet the requirements of subsection (b) of this section within 10 full fiscal years after the date of its initial certificate of registration.

(2) A provider shall set aside at least 10% of the reserves required under subsection (b) of this section at the end of each fiscal year after the date of its initial certificate of registration, up to a total of 100% at the end of the 10th fiscal year.

(3) The Department may allow a provider to modify the minimum rate required under paragraph (2) of this subsection or extend the time to meet the requirements of subsection (b) of this section if the modification is necessary to maintain the financial viability of the facility.
Md. Code, Human Services § 10-473 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-473
§10–473.
Status: in_force

Notwithstanding any other provision of law and subject to § 10-493 of this subtitle, a delinquency proceeding is the exclusive method of liquidating, rehabilitating, reorganizing, or conserving a provider.
Md. Code, Economic Development § 10-227 — MD Code / Article gec / Title 10 / Subtitle 2 / Section 10-227
§10–227.
Status: in_force

The Legislative Auditor may conduct a fiscal and compliance audit of the accounts and transactions of the Authority as provided in § 2–1220 of the State Government Article.
Md. Code, Natural Resources § 10-210 — MD Code / Article gnr / Title 10 / Subtitle 2 / Section 10-210
§10–210.
Status: in_force

In the planning of sampling methods and the compilation of estimates of the number of wild waterfowl in the State, the Department shall take advantage of other surveys made by reliable organizations including, but not limited to:

(1) The Grand National Waterfowl Hunt, Incorporated; and

(2) The Maryland Outfitters Association.
Md. Code, Courts and Judicial Proceedings § 10-505 — MD Code / Article gcj / Title 10 / Subtitle 5 / Section 10-505
§10–505.
Status: in_force

The law of a jurisdiction other than those referred to in § 10-501 of this subtitle shall be an issue for the court, but shall not be subject to the provisions concerning judicial notice.
Md. Code, Public Utilities § 10-404 — MD Code / Article gpu / Title 10 / Subtitle 4 / Section 10-404
§10–404.
Status: in_force

(a) An operator may not provide transportation network services unless the Commission has authorized the operator to operate on a provisional basis or has issued a valid temporary or permanent transportation network operator’s license to provide transportation network services.

(b) The Commission may approve an applicant to be an operator and issue a temporary transportation network operator’s license to the applicant if:

(1) the applicant provides all information that the Commission requires for the application, including the information specified in item (2) of this subsection; and

(2) the Commission is satisfied with the successful submission of the applicant’s:

(i) national criminal history records check:

1. conducted by a consumer reporting agency as defined under § 14–1201 of the Commercial Law Article or a comparable entity approved by the Commission; and

2. that includes:

A. a Multi–State Multi–Jurisdiction Criminal Records Database Search or a search of a similar nationwide database with validation;

B. a search of the Sex Offender Registry; and

C. a search of the U.S. Department of Justice’s National Sex Offender Public Website; and

(ii) driving record check that includes a driving history research report.

(c) Subject to subsection (d) of this section, the Commission may issue a permanent transportation network operator’s license to an applicant upon the submission of a satisfactory supplemental criminal background check as set forth under § 10–104(b) of this title.

(d) Before December 15, 2016, the Commission may not require an applicant for a permanent transportation network operator’s license to comply with subsection (c) of this section if a transportation network company for which the applicant will provide services, at the time it applies for a permit, provides to the Commission details of the process the transportation network company uses to collect, review, and submit the information specified in subsection (b)(2) of this section.

(e) (1) A transportation network company may request that the Commission waive the requirement to comply with subsection (c) of this section and instead require compliance with subsection (b)(2) of this section for applicants and operators of the transportation network company.

(2) On receipt of a request under paragraph (1) of this subsection, the Commission shall:

(i) determine whether the transportation network company’s process for complying with subsection (b)(2) of this section can be shown to be as comprehensive and accurate as complying with the supplemental criminal background check as set forth under § 10–104(b) of this title; and

(ii) within 3 months after receiving the request, determine whether to:

1. grant the waiver;

2. deny the waiver; or

3. approve an alternative process.

(f) A transportation network company may submit the information under subsection (b) of this section on behalf of an operator.

(g) The Commission shall adopt regulations that provide a process that is as expeditious as possible and uses electronic means for:

(1) the submission of the information under subsection (b) of this section;

(2) the issuance of a temporary or permanent transportation network operator’s license and alternative authority to operate on a provisional basis; and

(3) the renewal of a transportation network operator’s license.

(h) (1) Records or information provided to the Commission by a transportation network company under this section or disclosed by the Commission under paragraph (2) of this subsection are not subject to release under the Maryland Public Information Act.

(2) The Commission may not disclose records or information provided to the Commission under this section to any person unless:

(i) the disclosure is required by court order or order of the Maryland Tax Court;

(ii) the disclosure is made in accordance with § 10–119.3 of the Family Law Article; or

(iii) the disclosure is to the Comptroller under § 10–406(g)(5) of this subtitle.

(3) On notice that a person is seeking records or information under paragraph (2)(i) of this subsection, the Commission shall promptly notify the transportation network company before disclosing the records or information.
Md. Code, Real Property § 10-705 — MD Code / Article grp / Title 10 / Subtitle 7 / Section 10-705
§10–705.
Status: in_force

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

(2) “Conservation easement” means an easement, covenant, restriction, or condition on real property, including an amendment to an easement, covenant, restriction, or condition, as provided for in § 2–118 of this article that is:

(i) Owned by:

1. The Maryland Environmental Trust;

2. The Maryland Historical Trust;

3. The Maryland Agricultural Land Preservation Foundation;

4. The Maryland Department of Natural Resources;

5. A county or municipal corporation and is funded by the Maryland Department of Natural Resources, the Rural Legacy Program, or a local agricultural preservation program; or

6. A land trust; or

(ii) Required by a permit issued by the Department of the Environment.

(3) “Land trust” means an organization that:

(i) Is a qualified organization under § 170(h)(3) of the Internal Revenue Code and regulations adopted under that section; and

(ii) Has executed a cooperative agreement with the Maryland Environmental Trust.

(b) (1) This section applies to the sale of property encumbered by a conservation easement.

(2) This section does not apply to the sale of property in an action to foreclose a mortgage or deed of trust.

(c) A vendor of real property encumbered by one or more conservation easements shall, on or before entering into a contract for the sale of the property, deliver to each purchaser:

(1) The notice described in subsection (d) of this section; and

(2) A copy of all conservation easements encumbering the property.

(d) The notice required under subsection (c)(1) of this section shall be in a form substantially the same as the following:

“This property is encumbered by one or more conservation easements or other restrictions limiting or affecting uses of the property. Maryland law requires that the vendor deliver to the purchaser copies of all conservation easements on or before the day the contract is entered into. The purchaser should review all conservation easements carefully to ascertain the purchaser’s rights, responsibilities, and obligations under each conservation easement, including any requirement that after the sale the purchaser must inform the owner of the conservation easement of the sale of the property.”.

(e) (1) A purchaser who receives the notice and copies of the easements required under subsection (c) of this section on or before entering into a contract of sale does not have the right to rescind the contract of sale based on the information received from the vendor.

(2) A purchaser who does not receive the notice and copies of the easements required under subsection (c) of this section on or before entering into a contract of sale, on written notice to the vendor or the vendor’s agent:

(i) Has the unconditional right to rescind the contract at any time before, or within 5 days after, receipt of the notice and copies of the easements; and

(ii) Is entitled to the immediate return of any deposits made in accordance with the contract.

(f) (1) Within 30 calendar days after a sale of property encumbered by a conservation easement, the purchaser shall notify the owner of a conservation easement of the sale.

(2) The notification shall include, to the extent reasonably available:

(i) The name and address of the purchaser;

(ii) The name of the vendor;

(iii) The address of the property; and

(iv) The date of the sale.

(g) In satisfying the requirements of subsection (c) of this section, the vendor and purchaser shall be entitled to rely on the conservation easement recorded in the land records of the county where the property is located.
Md. Code, Criminal Law § 10-130 — MD Code / Article gcr / Title 10 / Subtitle 1 / Section 10-130
§10–130.
Status: in_force

(a) In this part, “Salvia divinorum” includes Salvinorin A and any material, compound, mixture, preparation, or product that contains Salvia divinorum or Salvinorin A.

(b) Nothing in this part shall prohibit an accredited academic or medical institution or research facility from conducting research on Salvia divinorum or Salvinorin A or a derivative of Salvia divinorum or Salvinorin A.

(c) This part does not preempt any local or municipal law regulating the use, possession, or distribution of Salvia divinorum or Salvinorin A.
Md. Code, Human Services § 10-510 — MD Code / Article ghu / Title 10 / Subtitle 5 / Section 10-510
§10–510.
Status: in_force

Subject to approval by the Board of Public Works, the Secretary may adopt regulations to carry out this part.
Md. Code, Natural Resources § 10-2C-02 — MD Code / Article gnr / Title 10 / Subtitle 2C / Section 10-2C-02
§10–2C–02.
Status: in_force

(a) This section does not apply to a performance that takes place at a nonmobile, permanent institution or other fixed facility, provided that the covered animal is not transported to the institution or facility for a period of less than 60 days for the sole purpose of a performance.

(b) Notwithstanding any other provision of law, a person may not allow for the performance of a covered animal in a traveling animal act.

(c) A person who violates this section is subject to a civil penalty not to exceed $2,000 per violation.

(d) The provisions of this section may be enforced by:

(1) A State or local law enforcement officer; or

(2) The local animal control authority for the jurisdiction where the violation occurs.
Md. Code, Natural Resources § 10-701 — MD Code / Article gnr / Title 10 / Subtitle 7 / Section 10-701
§10–701.
Status: in_force

(a) A club or association may not hold a field trial with dogs in the State during any closed hunting season without first obtaining a permit from the Secretary.

(b) The Secretary may grant a permit to field trial clubs and associations to hold field trials with raccoon, opossum, bird, or rabbit dogs in the State any time during the closed season. Field trials shall be held pursuant to regulations the Secretary adopts to safeguard the interests of wildlife in the State.
Md. Code, Human Services § 10-430 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-430
§10–430.
Status: in_force

All marketing materials, including disclosure statements, that state that part or all of the entrance fee is or may be refundable shall include a conspicuous disclaimer that states at least the following: “Carefully read the continuing care agreement for the conditions that must be satisfied before the provider is required to pay the entrance fee refund.”.
Md. Code, State Finance and Procurement § 10A-204 — MD Code / Article gsf / Title 10A / Subtitle 2 / Section 10A-204
§10A–204.
Status: in_force

(a) The reporting agency shall post the final public–private partnership agreement on the website of the reporting agency or the website of the specific project if one has been established.

(b) Information deemed confidential, proprietary, or otherwise exempt from disclosure under applicable law shall be withheld from the posted version of the final public–private partnership agreement in accordance with § 4–335 of the General Provisions Article relating to:

(1) a trade secret;

(2) confidential commercial information; and

(3) confidential financial information.
Md. Code, Insurance § 10-208 — MD Code / Article gin / Title 10 / Subtitle 2 / Section 10-208
§10–208.
Status: in_force

A license does not authorize the licensee to:

(1) adjust losses; or

(2) receive compensation from an insurer or insurance producer for the sale or placement of insurance.
Md. Code, Economic Development § 10-704 — MD Code / Article gec / Title 10 / Subtitle 7 / Section 10-704
§10–704.
Status: in_force

(a) There is a Maryland Venture Capital Trust.

(b) The Trust is a body politic and corporate and is an instrumentality of the State.