Md. Code, Local Government § 1-1501 — MD Code / Article glg / Title 1 / Subtitle 15 / Section 1-1501
§1–1501.
Status: in_force

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

(2) (i) “Construction” means the process of building, altering, repairing, renovating, improving, or demolishing any structure, building, or other improvement to real property.

(ii) “Construction” includes systemic renovation projects as defined in COMAR 23.03.02.15.

(3) “School facility” means a structure, a building, a parking facility, an athletic facility, a testing facility, or any other facility in the State that is used for the education of students.

(b) To the extent practicable, each county or municipality shall expedite the process for the application and issuance of a permit related to or required for the construction of a public or private school facility.
Md. Code, Criminal Law § 1-401 — MD Code / Article gcr / Title 1 / Subtitle 4 / Section 1-401
§1–401.
Status: in_force

In a trial for counterfeiting, issuing, disposing of, passing, altering, stealing, embezzling, or destroying any kind of instrument, or theft by the obtaining of property by false pretenses, it is sufficient to prove that the defendant did the act charged with an intent to defraud without proving an intent by the defendant to defraud a particular person.
Md. Code, State Government § 1-101 — MD Code / Article gsg / Title 1 / Subtitle 1 / Section 1-101
§1–101.
Status: in_force

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

(b) “County” means a county of the State and, unless expressly provided otherwise, Baltimore City.

(c) “Includes” or “including” means includes or including by way of illustration and not by way of limitation.

(d) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.

(e) “State” means:

(1) a state, possession, or territory of the United States;

(2) the District of Columbia; or

(3) the Commonwealth of Puerto Rico.
Md. Code, Environment § 1-814 — MD Code / Article gen / Title 1 / Subtitle 8 / Section 1-814
§1–814.
Status: in_force

This subtitle may be cited as the Maryland Uniform Environmental Covenants Act.
Md. Code, Health Occupations § 1-802 — MD Code / Article gho / Title 1 / Subtitle 8 / Section 1-802
§1–802.
Status: in_force

(a) (1) The Office of Minority Health and Health Disparities shall provide to each board a list of recommended courses in cultural and linguistic competency, health disparities, and health literacy.

(2) The Department, in consultation with the Department of Veterans and Military Families, shall provide to each board a list of recommended courses in uniformed services culture.

(b) Each board shall:

(1) Post the list of recommended courses provided to the board under subsection (a) of this section prominently on the board’s website;

(2) Provide information about the recommended courses to health care professionals at the time of renewal of licensure; and

(3) Advertise the availability of the recommended courses in newsletters and any other media published by the board.
Md. Code, Local Government § 1-1426 — MD Code / Article glg / Title 1 / Subtitle 14 / Section 1-1426
§1–1426.
Status: in_force

(a) (1) Any pledge of revenues and other money under § 1–1420(i) of this subtitle is valid and binding from the time the pledge is made.

(2) (i) The revenue or money that an authority pledges and receives is subject immediately to the lien of the pledge.

(ii) Neither physical delivery of the revenue or money nor any other act is required to validate the lien.

(3) The lien of the pledge is valid and binding against each party with a claim against the authority in tort, contract, or otherwise, regardless of whether the party has notice of the lien.

(b) The trust agreement and any other agreement or lease creating a pledge under this section need not be filed or recorded, except in the records of the authority.
Md. Code, Local Government § 1-606 — MD Code / Article glg / Title 1 / Subtitle 6 / Section 1-606
§1–606.
Status: in_force

(a) (1) If the governing body of a county or municipality determines that a board or commission shall provide and conduct a program, by local law, ordinance, or resolution, the governing body shall create a board or commission.

(2) The board or commission shall have the powers granted to it by the governing body.

(b) In accordance with subsection (c) of this section, the governing body of the county or municipality shall determine the membership of the board or commission and the terms of office and compensation of the members.

(c) (1) Except as provided in paragraph (3) of this subsection, a board or commission established by a county shall include:

(i) one member of the county governing body; and

(ii) one member or representative of the county board of education.

(2) A member designated under paragraph (1) of this subsection:

(i) shall serve a term of 1 year; and

(ii) may be reappointed.

(3) In Frederick County:

(i) the county commissioner on the board or commission serves for a term coextensive with the member’s term of elected office; and

(ii) a member of the county board of education is a member of the board or commission.
Md. Code, Natural Resources § 1-603 — MD Code / Article gnr / Title 1 / Subtitle 6 / Section 1-603
§1–603.
Status: in_force

The Department may adopt regulations necessary to implement this subtitle.
Md. Code, Natural Resources § 1-103 — MD Code / Article gnr / Title 1 / Subtitle 1 / Section 1-103
§1–103.
Status: in_force

(a) The Secretary is responsible for the coordination and direction of comprehensive planning in the area of natural resources. In addition, he shall be apprised in full of plans, proposals, projects, and programs of the units within the Department, and may approve, disapprove, or modify any plan, proposal, project, or program, if that action approving, disapproving, or modifying plans, proposals, projects, or programs is not inconsistent with law.

(b) (1) The Secretary is responsible for the budget of his office and for the budgets of the units within the Department.

(2) (i) Unless otherwise authorized by statute, the Secretary may use money in a fund or account created under this article for administrative expenses directly relating to the purposes of the Fund or account up to an amount calculated under a generally accepted methodology for determining indirect costs.

(ii) The Secretary shall submit any changes to the methodology used under subparagraph (i) of this paragraph for review and comment to the House Appropriations Committee and the Senate Budget and Taxation Committee within 45 days before implementing the methodology.

(c) The Secretary may apply for, accept, and administer for the State any federal funds or appropriations of money for any purpose which may be hereinafter made out of the federal treasury by any act of the Congress.
Md. Code, Human Services § 1-203 — MD Code / Article ghu / Title 1 / Subtitle 2 / Section 1-203
§1–203.
Status: in_force

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

(2) “Local department” means the department of social services that has jurisdiction in the county:

(i) where the allegedly abused or neglected child lives; or

(ii) if different, where the abuse or neglect is alleged to have taken place.

(3) “Local director” means the director of the local department.

(4) “Medical report” means a psychological, psychiatric, therapeutic, clinical, or medical report or evaluation related to the allegedly abused or neglected child, a sibling of the child, or another child in the household, family, or care of the alleged abuser or neglector.

(5) “Secretary” means the Secretary of Human Services.

(b) (1) Notwithstanding any other provision of law and subject to paragraphs (2) and (3) of this subsection, the local director or the Secretary shall, within 30 days after receiving a request, disclose information concerning child abuse or neglect if the child:

(i) was in the custody of a local or State department or agency, or in the care of a foster parent;

(ii) is the subject of an investigation, a report, a referral, or a complaint received by a local or State department or agency; and

(iii) suffered a fatality or near fatality.

(2) Information disclosed in accordance with paragraph (1) of this subsection shall be limited to actions or omissions of the local department, the Department of Human Services, or an agent of the Department of Human Services.

(3) (i) On receiving a request to disclose information in accordance with paragraph (1) of this subsection, the Secretary promptly shall notify the State’s Attorney’s office of the request.

(ii) The State’s Attorney’s office shall be allowed 30 days after receipt of the notice required under subparagraph (i) of this paragraph to redact from the record any portion of the record that, if made public, would seriously hinder the ability of the State’s Attorney’s office to prosecute a criminal case arising from the incident.

(4) (i) If the State’s Attorney’s office redacts information in accordance with paragraph (3)(ii) of this subsection, the State’s Attorney shall notify the local director or the Secretary within 10 days after the conclusion of the related investigation or prosecution.

(ii) Within 30 days after notification from the State’s Attorney under subparagraph (i) of this paragraph, the local director or the Secretary shall disclose information in accordance with this section.

(c) Subject to subsection (d) of this section, the local director or the Secretary shall disclose:

(1) the name of the allegedly abused or neglected child who has suffered a fatality;

(2) the date of the report of the alleged child abuse or neglect and of any prior or subsequent reports;

(3) the findings made by the local department at the conclusion of its investigation and the disposition made by the local department based on its findings;

(4) any services provided to the alleged abuser or neglector, the allegedly abused or neglected child, and the household or family members;

(5) the number of referrals for professional services for the alleged abuser or neglector, the allegedly abused or neglected child, and the household or family members;

(6) any prior adjudication as a child in need of assistance of the allegedly abused or neglected child, a sibling of the child, or another child in the household, family, or care of the alleged abuser or neglector;

(7) the status of any case involving the child that was open at the time of the fatality or near fatality;

(8) a summary of the facts of the fatality or near fatality, including the date of the fatality or near fatality and, in the case of a fatality, the cause of death reported by the medical examiner; and

(9) any information concerning the circumstances of the alleged child abuse or neglect and the investigation of the circumstances, if the local director or the Secretary determines that the disclosure is consistent with the public interest.

(d) (1) The local director or the Secretary may not:

(i) disclose the identity of or provide an identifying description of the person who made the report;

(ii) disclose the name of a child who has suffered a near fatality, a sibling of the allegedly abused or neglected child, a parent of the allegedly abused or neglected child, an individual legally responsible for the child, the alleged abuser or neglector, or another household or family member;

(iii) except as provided in paragraph (2) of this subsection, disclose a medical report; or

(iv) except for the information described in subsection (c) of this section, disclose the file relating to the allegedly abused or neglected child.

(2) Notwithstanding Title 4, Subtitle 3 of the Health – General Article, the local director or the Secretary may disclose a medical report related to the cause of the child’s injury or death as a result of the alleged abuse or neglect.

(e) In consultation with the local directors, the Secretary shall develop a form for disclosure of the information described in subsection (c) of this section.

(f) This section does not grant a right to any person to receive the information described in subsection (c) of this section.
Md. Code, Natural Resources § 1-503 — MD Code / Article gnr / Title 1 / Subtitle 5 / Section 1-503
§1–503.
Status: in_force

(a) The following persons have standing to bring and maintain an action provided for in this section in the courts of equity of this State:

(1) The State of Maryland, or any agency or officer of the State, acting through the Attorney General;

(2) Any political subdivision of the State of Maryland, or any agency or officer of it acting on its behalf; and

(3) Any other person, regardless of whether he possesses a special interest different from that possessed generally by the residents of Maryland, or whether substantial personal or property damage to him is threatened. However, an individual citizen either shall reside in the county or Baltimore City where the action is brought, or shall demonstrate that the alleged condition, activity, or failure complained of affects the environment where he resides.

(b) Any person given standing by subsection (a) of this section may bring and maintain an action for mandamus or equitable relief, including declaratory relief against any officer or agency of the State or political subdivision for failure on the part of the officer or agency of the State or political subdivision to perform a nondiscretionary ministerial duty imposed upon them under an environmental statute, ordinance, rule, regulation, or order, or for their failure to enforce an applicable environmental quality standard for the protection of the air, water, or other natural resources of the State, as expressed in a statute, ordinance, rule, regulation, or order of the State, or any political subdivision upon the request of the defendant, the court in its discretion may join as a party defendant any person against whom the plaintiff is requesting that governmental action be taken following notice to that person and if the court determines that the joinder would serve the interests of justice.
Md. Code, Land Use § 1-101 — MD Code / Article glu / Title 1 / Subtitle 1 / Section 1-101
§1–101.
Status: in_force

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

(b) “Adaptive reuse” means a change granted by a legislative body under § 4–207 of this article to the use restrictions in a zoning classification, as those restrictions are applied to a particular improved property.

(c) “Charter county” means a county that has adopted charter home rule under Article XI–A of the Maryland Constitution.

(d) “Code county” means a county that has adopted code home rule under Article XI–F of the Maryland Constitution.

(e) “County” means a county of the State or Baltimore City.

(f) (1) “Development” means an activity that materially affects the existing condition or use of any land or structure.

(2) “Development” does not include a normal agricultural activity.

(g) (1) “Legislative body” means the elected body of a local jurisdiction.

(2) “Legislative body” includes:

(i) the board of county commissioners;

(ii) the county council; and

(iii) the governing body of a municipal corporation.

(h) (1) “Local executive” means the chief executive of a local jurisdiction.

(2) “Local executive” includes:

(i) the board of county commissioners;

(ii) the county executive;

(iii) the executive head; and

(iv) the mayor.

(i) “Local jurisdiction” means a county or municipal corporation and the territory within which its powers may be exercised.

(j) (1) “Local law” means an enactment of the legislative body of a local jurisdiction, whether by ordinance, resolution, or otherwise.

(2) “Local law” does not include a public local law.

(k) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, limited liability company, or other entity.

(l) (1) “Plan” means the policies, statements, goals, and interrelated plans for private and public land use, transportation, and community facilities documented in texts and maps that constitute the guide for an area’s future development.

(2) “Plan” includes a general plan, master plan, comprehensive plan, functional plan, or community plan adopted in accordance with Subtitle 4 of this title and Title 3 of this article.

(m) “Priority funding area” has the meaning stated in § 5–7B–02 of the State Finance and Procurement Article.

(n) (1) “Regulation” means a rule of general applicability and future effect.

(2) “Regulation” includes a map or plan.

(o) “Sensitive area” includes:

(1) a stream or wetland, and its buffers;

(2) a 100–year flood plain;

(3) a habitat of a threatened or endangered species;

(4) a steep slope;

(5) agricultural or forest land intended for resource protection or conservation; and

(6) any other area in need of special protection, as determined in a plan.

(p) “Special exception” means a grant of a specific use that:

(1) would not be appropriate generally or without restriction; and

(2) shall be based on a finding that:

(i) the requirements of the zoning law governing the special exception on the subject property are satisfied; and

(ii) the use on the subject property is consistent with the plan and is compatible with the existing neighborhood.

(q) (1) Except as provided in paragraph (2) of this subsection, “state” means:

(i) a state, possession, territory, or commonwealth of the United States; or

(ii) the District of Columbia.

(2) When capitalized, “State” means Maryland.

(r) (1) “Subdivision” means:

(i) the process and configuration of land by which one or more lots, tracts, or parcels of land are divided, consolidated, or established as one or more lots or parcels, or other divisions of land, consistent with criteria established by the legislative body of the local jurisdiction; or

(ii) the land so subdivided.

(2) “Subdivision” includes resubdivision.

(s) “Variance” means a modification only of density, bulk, dimensional, or area requirements in the zoning law that is not contrary to the public interest, and where, owing to conditions peculiar to the property and not because of any action taken by the applicant, a literal enforcement of the zoning law would result in unnecessary hardship or practical difficulty, as specified in the zoning law.

(t) (1) “Zoning law” means the legislative implementation of regulations for zoning by a local jurisdiction.

(2) “Zoning law” includes a zoning ordinance, zoning regulation, zoning code, and any similar legislative action to implement zoning controls in a local jurisdiction.
Md. Code, Estates and Trusts § 1-104 — MD Code / Article get / Title 1 / Subtitle 1 / Section 1-104
§1–104.
Status: in_force

This article is dedicated to the memory of Roger D. Redden, Esquire.
Md. Code, Local Government § 1-1314 — MD Code / Article glg / Title 1 / Subtitle 13 / Section 1-1314
§1–1314.
Status: in_force

(a) This section applies to all counties and municipalities.

(b) (1) Within the first 12 months of employment, a new officer of a humane society or animal control shall satisfactorily complete at least 80 hours of training for animal care and control professionals that is approved by the appropriate unit of a county or municipality.

(2) The training shall include instruction on:

(i) animal cruelty investigations;

(ii) the association between animal abuse and the abuse of the elderly or domestic violence, as defined in § 4–701 of the Family Law Article;

(iii) the use of legal resources, including constitutional law, the Annotated Code of Maryland, and county codes;

(iv) lawful searches and seizures;

(v) professionalism and ethical standards;

(vi) evidence collection and the chain of custody;

(vii) preparation for civil and criminal proceedings, including basic trial principles and due process protections;

(viii) conflict resolution and officer safety, including physical and mental health; and

(ix) animal diseases and zoonosis.

(3) The unit of the county or municipality may require other training in addition to the training specified in paragraph (2) of this subsection.

(c) (1) An officer of a humane society or animal control shall satisfactorily complete at least 6 hours of continuing education approved by the appropriate unit of a county or municipality every year.

(2) The continuing education shall include instruction on the current laws applicable to officers.
Md. Code, Corporations and Associations § 1-304 — MD Code / Article gca / Title 1 / Subtitle 3 / Section 1-304
§1–304.
Status: in_force

(a) If any corporation is required to place its corporate seal to a document, it is sufficient to meet the requirements of any law of this State relating to a corporate seal to place the word “(seal)” adjacent to the signature of the person authorized to sign the document on behalf of the corporation.

(b) If a Maryland corporation is required to place its corporate seal to a document, it is sufficient to meet the requirements of any law, rule, or regulation relating to a corporate seal to place the word “(seal)” adjacent to the signature of the person authorized to sign the document on behalf of the corporation.
Md. Code, Family Law § 1-202 — MD Code / Article gfl / Title 1 / Subtitle 2 / Section 1-202
§1–202.
Status: in_force

(a) In an action in which custody, visitation rights, or the amount of support of a minor child is contested, the court may:

(1) (i) appoint a lawyer who shall serve as a child advocate attorney to represent the minor child and who may not represent any party to the action; or

(ii) appoint a lawyer who shall serve as a best interest attorney to represent the minor child and who may not represent any party to the action; and

(2) impose counsel fees against one or more parties to the action.

(b) A lawyer appointed under this section shall exercise ordinary care and diligence in the representation of a minor child.
Md. Code, Alcoholic Beverages and Cannabis § 1-3A-03 — MD Code / Article gab / Title 1 / Subtitle 3A / Section 1-3A-03
§1–3A–03.
Status: in_force

(a) (1) There is a Community Reinvestment and Repair Fund.

(2) The purpose of the Fund is to provide funds to community–based organizations that serve communities determined by the Office, in consultation with the Office of the Attorney General, to have been the most impacted by disproportionate enforcement of the cannabis prohibition before July 1, 2022.

(3) The Comptroller shall administer the Fund.

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

(ii) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(5) The Fund consists of:

(i) sales and use tax revenue distributed to the Fund under § 2–1302.2 of the Tax – General Article;

(ii) conversion fees paid by businesses under § 36–403 of this article; and

(iii) any other money from any other source accepted for the benefit of the Fund, in accordance with any conditions adopted by the Comptroller for the acceptance of donations or gifts to the Fund.

(6) (i) The Fund may be used only for:

1. funding community–based initiatives intended to benefit low–income communities, including:

A. behavioral health crisis response services;

B. education and after–school programs;

C. truancy and absenteeism intervention programs;

D. housing and homelessness prevention initiatives;

E. transportation improvements in high–density areas that have public transportation;

F. job training and workforce development programs;

G. community child care and recreational services; and

H. programs that benefit individuals and families impacted by incarceration;

2. funding community–based initiatives that serve disproportionately impacted areas, as defined in § 36–101 of this article; and

3. any related administrative expenses incurred by a local government in administering the funds that do not exceed 15% of the funds received in the fiscal year.

(ii) Money may not be expended from the Fund for law enforcement agencies or activities.

(iii) Money expended from the Fund is supplemental to and may not supplant funding that otherwise would be appropriated for preexisting local government programs.

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

(ii) Any interest earnings of the Fund shall be credited to the General Fund of the State.

(8) No part of the Fund may revert or be credited to:

(i) the General Fund of the State; or

(ii) any other special fund of the State.

(9) The Comptroller shall pay out money from the Fund.

(10) The Fund is subject to audit by the Office of Legislative Audits as provided for in § 2–1220 of the State Government Article.

(b) (1) Based on the percentage allocable to each county determined by the Office, the Comptroller shall distribute funds from the Fund to each county in an amount that, for the period from July 1, 2002, to January 1, 2023, both inclusive, is proportionate to the total number of cannabis possession charges in the county compared to the total number of cannabis possession charges in the State.

(2) For any distribution of funds to a county under paragraph (1) of this subsection, the county shall hold the funds separately from other revenue and general funds.

(3) Subject to the limitations under subsection (a)(6) of this section, each county shall adopt a law establishing the purpose for which money received from the Fund may be used.

(c) (1) The Office shall require each county to develop a plan for the distribution of funds to community–based organizations for use in accordance with this section.

(2) The plan developed by a county shall be:

(i) established before distributing funds under this section;

(ii) developed in consultation with stakeholders; and

(iii) the subject of a public hearing before finalizing the plan.

(3) On or before October 1, 2025, the Office shall adopt regulations to carry out this section.

(d) On or before October 1, 2026, and each October 1 thereafter, each county shall submit a report to the Office on:

(1) the amount of funds received from the Fund under subsection (b)(1) of this section;

(2) the organizations that received funding from the county under this section;

(3) the methods used by the county to solicit, review, and select organizations that may be eligible for funding under this section; and

(4) administrative expenses related to the county’s administration and distribution of the funds received under subsection (b)(1) of this section.
Md. Code, Local Government § 1-1009 — MD Code / Article glg / Title 1 / Subtitle 10 / Section 1-1009
§1–1009.
Status: in_force

(a) The board shall meet at least once a month to conduct its business.

(b) A member of the board serves without compensation.
Md. Code, Local Government § 1-1424 — MD Code / Article glg / Title 1 / Subtitle 14 / Section 1-1424
§1–1424.
Status: in_force

(a) A bond is not:

(1) a debt or liability of the State or a political subdivision of the State; or

(2) a pledge of the full faith and credit of the State or a political subdivision of the State.

(b) Each bond shall state on its face that neither the State nor a political subdivision of the State is obliged to pay the principal of or interest on the bond except from revenues pledged to the payment of the bond.

(c) The issuance of bonds does not directly, indirectly, or contingently obligate the State or any political subdivision:

(1) to impose or pledge a tax to pay the bonds; or

(2) to appropriate money to pay the bonds.

(d) This subtitle does not prohibit an authority from pledging its full faith and credit in connection with the issuance of bonds.
Md. Code, Courts and Judicial Proceedings § 1-603 — MD Code / Article gcj / Title 1 / Subtitle 6 / Section 1-603
§1–603.
Status: in_force

(a) The court is composed of a Chief Judge and the number of associate judges provided for in subsection (b) of this section. If the Chief Judge is relieved of the Judge’s duties as Chief Judge but not removed from office as a judge of the District Court, the Chief Judge shall serve for the remainder of the Judge’s term of office as a District Court judge, as a resident judge of the Judge’s district and county of residence, without reference to the maximum number of judges for that district prescribed in subsection (b) of this section.

(b) In each of the districts provided for in § 1–602 of this subtitle, there shall be the following number of associate judges of the District Court:

(1) District 1 — 28

(2) District 2 — 6, two to be appointed from Wicomico County and two to be appointed from Worcester County

(3) District 3 — 6, two to be appointed from Cecil County

(4) District 4 — 7, two to be appointed from Calvert County, two to be appointed from St. Mary’s County, and three to be appointed from Charles County

(5) District 5 — 19

(6) District 6 — 13

(7) District 7 — 10

(8) District 8 — 15

(9) District 9 — 4

(10) District 10 — 7, two to be appointed from Carroll County and five to be appointed from Howard County

(11) District 11 — 5, three to be appointed from Frederick County and two to be appointed from Washington County

(12) District 12 — 3, two to be appointed from Allegany County

(c) In each district comprising more than one county, there shall be at least one District Court judge resident and holding court in each county in the district.

(d) To ensure that the services of the District Court are readily and practicably available in all areas of District 8 and to ensure that these services are provided to all citizens of District 8 with a minimum of inconvenience and a maximum of availability, there shall be a court facility physically located in each of the following areas of that district, and at least one judge shall sit regularly in each location:

(1) The Towson area;

(2) The Catonsville area; and

(3) The Essex area.
Md. Code, Local Government § 1-603 — MD Code / Article glg / Title 1 / Subtitle 6 / Section 1-603
§1–603.
Status: in_force

This subtitle is additional and supplemental to any law governing a program.
Md. Code, Education § 1-202 — MD Code / Article ged / Title 1 / Subtitle 2 / Section 1-202
§1–202.
Status: in_force

Unless Baltimore City expressly is excepted, the provisions of this article apply to Baltimore City.
Md. Code, Environment § 1-808 — MD Code / Article gen / Title 1 / Subtitle 8 / Section 1-808
§1–808.
Status: in_force

(a) An environmental covenant is perpetual unless it is:

(1) By its terms, limited to a specific duration or terminated by the occurrence of a specific event;

(2) Terminated by consent as provided under § 1-809 of this subtitle;

(3) Terminated under subsection (b) of this section;

(4) Terminated by foreclosure of an interest that has priority over the environmental covenant; or

(5) Terminated or modified in an eminent domain proceeding, if:

(i) The Agency that signed the covenant is a party to the proceeding;

(ii) Each person identified in § 1-809(a) and (b) of this subtitle is given notice of the pendency of the proceeding; and

(iii) The court determines, after a hearing, that the termination or modification will not adversely affect human health or the environment.

(b) (1) If the Agency that signed an environmental covenant has determined that the intended benefits of the covenant can no longer be realized, a court, under the doctrine of changed circumstances, in an action in which all persons identified in § 1-809(a) and (b) of this subtitle have been given notice, may terminate the covenant or reduce its burden on the real property subject to the covenant.

(2) The Agency’s determination or its failure to make a determination upon request is subject to review in accordance with the Administrative Procedure Act.

(c) Except as otherwise provided in subsections (a) and (b) of this section, an environmental covenant may not be extinguished, limited, or impaired through issuance of a tax deed, foreclosure of a tax lien, or application of the doctrine of adverse possession, prescription, abandonment, waiver, lack of enforcement, or acquiescence, or a similar doctrine.
Md. Code, Health Occupations § 1A-206 — MD Code / Article gho / Title 1A / Subtitle 2 / Section 1A-206
§1A–206.
Status: reserved

(a) There is an Acupuncture Board Fund.

(b) (1) The Board may set reasonable fees for the issuance and renewal of licenses and its other services.

(2) Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.

(c) (1) The Board shall pay all fees collected under the provisions of this title to the Comptroller of the State.

(2) The Comptroller shall distribute the fees to the Acupuncture Board Fund.

(d) (1) The Fund shall be used exclusively to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided by the provisions of this title.

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

(ii) Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this title.

(e) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2-1220 of the State Government Article.

(f) (1) A designee of the Board shall administer the Fund.

(2) Moneys in the Fund may be expended only for a lawful purpose authorized under this article.
Md. Code, Local Government § 1-1428 — MD Code / Article glg / Title 1 / Subtitle 14 / Section 1-1428
§1–1428.
Status: in_force

(a) (1) An authority may issue bonds to refund outstanding bonds of the authority, including paying:

(i) any redemption premium;

(ii) interest accrued or to accrue to the date of redemption, purchase, or maturity of the bonds; and

(iii) any part of the cost of acquiring or improving property as part of a project.

(2) Refunding bonds may be issued for any corporate purpose, including:

(i) realizing savings in the effective costs of debt service, directly or through a debt restructuring; or

(ii) alleviating a potential or actual default.

(b) Refunding bonds issued under this section shall be issued in the same manner and are subject to this subtitle to the same extent as any other bond.

(c) An authority may issue refunding bonds in one or more series in an amount greater than the amount of the bonds to be refunded.
Md. Code, Environment § 1-503 — MD Code / Article gen / Title 1 / Subtitle 5 / Section 1-503
§1–503.
Status: in_force

A person who violates any provision of this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
Md. Code, Land Use § 1-411 — MD Code / Article glu / Title 1 / Subtitle 4 / Section 1-411
§1–411.
Status: in_force

(a) The mineral resources element shall identify:

(1) undeveloped land that should be kept in its undeveloped state until the land can be used to assist in providing a continuous supply of minerals, as defined in § 15–801(i) of the Environment Article; and

(2) appropriate postexcavation uses for the land that are consistent with the county’s land planning process.

(b) A mineral resources element shall incorporate land use policies and recommendations for regulations:

(1) to balance mineral resource extraction with other land uses; and

(2) to the extent feasible, to prevent the preemption of mineral resources extraction by other uses.

(c) Before the plan is adopted, the Department of the Environment shall review the mineral resources element to determine whether the proposed plan is consistent with the programs and goals of the Department.
Md. Code, Corporations and Associations § 1-504 — MD Code / Article gca / Title 1 / Subtitle 5 / Section 1-504
§1–504.
Status: reserved

An entity name must be distinguishable upon the records of the Department from:

(1) The entity name of an entity organized or authorized to transact business in the State;

(2) An entity name reserved or registered under this subtitle; and

(3) The disclosed assumed name adopted by a foreign entity authorized to transact business in this State.
Md. Code, Environment § 1-602 — MD Code / Article gen / Title 1 / Subtitle 6 / Section 1-602
§1–602.
Status: in_force

(a) Wherever this subtitle requires the Department to publish notice:

(1) Notice shall be published at least once a week for 2 consecutive weeks in a daily or weekly newspaper of general circulation in the geographical area in which the proposed facility is located;

(2) The notice shall include:

(i) The EJ Score for the census tract where the applicant is seeking a permit, provided by the applicant under § 1–601.1 of this subtitle;

(ii) The address of the Department website for accessing the EJ Score review conducted under § 1–601.1 of this subtitle; and

(iii) A description of the environmental justice indicators contributing to the EJ Score of the census tract where the applicant is seeking a permit;

(3) The Department may require notice of an informational meeting or a public hearing by mail to each person requesting the meeting or hearing or to their authorized representatives;

(4) The Department may provide additional notice by requiring the notice to be posted at the proposed facility or at public facilities in the geographical area of the proposed facility; and

(5) The applicant shall bear all costs incurred by the Department in providing notice.

(b) (1) In addition to the requirements set forth in subsection (a) of this section and notwithstanding any other requirements in this article, wherever this subtitle requires the Department to publish notice of an application for a permit, the Department shall:

(i) Electronically post the notice of an application for a permit on the Department’s website; and

(ii) Provide a method for interested persons to electronically request any additional notices related to an application for a permit.

(2) The notice required under paragraph (1) of this subsection shall include:

(i) The name and address of the applicant;

(ii) A description of the location and the nature of the activity for which the permit has been sought;

(iii) A reference to the applicable statutes or regulations governing the application process;

(iv) The time and place of any scheduled informational meeting or public hearing, or a description of where this information can be found;

(v) A description of where further information about the permit application can be found;

(vi) 1. The EJ Score for the census tract where the applicant is seeking a permit, provided by the applicant under § 1–601.1 of this subtitle; and

2. The EJ Score review conducted under § 1–601.1 of this subtitle; and

(vii) Any other information that the Department determines is necessary.

(c) The Department may require the applicant to publish and send the notices required in subsection (a) of this section.
Md. Code, Commercial Law § 1-102 — MD Code / Article gcl / Title 1 / Subtitle 1 / Section 1-102
§1–102.
Status: in_force

This title applies to a transaction to the extent that it is governed by another title of the Maryland Uniform Commercial Code.
Md. Code, Alcoholic Beverages and Cannabis § 1-101 — MD Code / Article gab / Title 1 / Subtitle 1 / Section 1-101
§1–101.
Status: in_force

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

(b) (1) “Alcoholic beverage” means a spirituous, vinous, malt, or fermented liquor, liquid, or compound that:

(i) contains at least one–half of 1% of alcohol by volume; and

(ii) is suitable for beverage purposes.

(2) “Alcoholic beverage” includes alcohol, brandy, whiskey, rum, gin, cordial, beer, and wine.

(3) “Alcoholic beverage” does not include a confectionery food product that contains up to 5% of alcohol by volume and is regulated by the Maryland Department of Health under § 21–209 of the Health – General Article.

(c) (1) “Beer” means a brewed alcoholic beverage.

(2) “Beer” includes:

(i) ale;

(ii) porter;

(iii) stout;

(iv) hard cider that:

1. is derived primarily from apples, apple concentrate and water, pears, or pear concentrate and water; and

2. contains no other fruit product but contains at least one–half of 1% and less than 8.5% of alcohol by volume;

(v) an alcoholic beverage that contains:

1. 6% or less alcohol by volume, derived primarily from the fermentation of grain, with not more than 49% of the alcoholic beverage’s overall alcohol content by volume obtained from flavors and other added nonbeverage ingredients containing alcohol; or

2. more than 6% alcohol by volume, derived primarily from the fermentation of grain, with not more than 1.5% of the alcoholic beverage’s overall alcohol content by volume obtained from flavors and other added nonbeverage ingredients containing alcohol; and

(vi) mead.

(d) (1) “Cannabis” means the plant Cannabis sativa L. and any part of the plant, including all derivatives, extracts, cannabinoids, isomers, acids, salts, and salts of isomers, whether growing or not, with a delta–9–tetrahydrocannabinol concentration greater than 0.3% on a dry weight basis.

(2) “Cannabis” includes cannabis products, seeds, seedlings, immature plants, and clones.

(3) “Cannabis” does not include hemp or hemp products, as defined in § 14–101 of the Agriculture Article.

(e) “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(f) “Club” means an association or a corporation that is:

(1) organized and operated exclusively for educational, social, fraternal, patriotic, political, or athletic purposes; and

(2) nonprofit.

(g) “Commission” means the Alcohol, Tobacco, and Cannabis Commission.

(h) (1) “Comptroller” means the Comptroller of the State.

(2) “Comptroller” includes a deputy, an inspector, a clerk, or any other individual authorized to act by the Comptroller.

(i) “Consumer” means an individual at least 21 years old or a corporation not otherwise prohibited by this article or any other State law, that buys, possesses, keeps, or transports alcoholic beverages on which the taxes under Title 5 of the Tax – General Article have been paid, for the individual’s or corporation’s own use and not for sale.

(j) “County” means a county of the State or Baltimore City.

(k) (1) “Executive Director” means the Executive Director of the Commission.

(2) “Executive Director” includes a deputy, an inspector, a clerk, or any other individual authorized to act by the Executive Director.

(l) (1) “Family beer” means homemade beer produced for home consumption and not for sale.

(2) “Family beer” includes beer produced at a family beer and wine facility that has been granted a permit under § 2–138 of this article.

(m) (1) “Family wine” means homemade wine produced for home consumption and not for sale.

(2) “Family wine” includes wine produced at a family beer and wine facility that has been granted a permit under § 2–138 of this article.

(n) (1) Subject to paragraph (2) of this subsection, “hotel” means an establishment that:

(i) accommodates the public;

(ii) is equipped with at least 10 bedrooms and a dining room with facilities for preparing and serving regular meals; and

(iii) has average daily receipts from the rental of rooms and sale of food that exceed the average daily receipts from the sale of alcoholic beverages.

(2) By regulation, a local licensing board may set a different standard as to what constitutes a hotel.

(o) “Illicit alcoholic beverage” means an alcoholic beverage that has been manufactured, bottled, or rectified:

(1) in the State at a location not licensed under this article; or

(2) outside the State at a location not licensed under the United States Internal Revenue Code or the laws of a foreign country.

(p) “Jurisdiction” means a county or the City of Annapolis.

(q) “License” means an alcoholic beverages license issued under this article.

(r) (1) “License holder” means the holder of an alcoholic beverages license issued or a permit granted under this article.

(2) “License holder” includes:

(i) a county liquor control board and a county dispensary; and

(ii) for the delivery and billing purposes of Title 2, Subtitle 3 and §§ 2–213 and 2–314 of this article, a corporation on behalf of which an individual has obtained a license.

(s) “Liquor” has the same meaning as “distilled spirits” under § 5–101(g) of the Tax – General Article.

(t) (1) “Local collecting agent” means:

(i) in the City of Annapolis, the city clerk;

(ii) in Allegany County, Baltimore County, Howard County, Prince George’s County, or Wicomico County, the director of finance;

(iii) in Calvert County, Dorchester County, St. Mary’s County, or Somerset County, the treasurer of the county; or

(iv) in each other county, the board of license commissioners unless another governmental unit is expressly authorized to collect fees under this article.

(2) “Local collecting agent” does not include a clerk of a circuit court.

(u) “Local licensing board” means a board of license commissioners or other governmental unit of a jurisdiction that issues licenses.

(v) “Manufacturer’s license” means a license issued under Title 2, Subtitle 2 of this article that is:

(1) a Class 1 distillery license;

(2) a Class 2 rectifying license;

(3) a Class 3 winery license;

(4) a Class 4 limited winery license;

(5) a Class 5 brewery license;

(6) a Class 6 pub–brewery license;

(7) a Class 7 micro–brewery license;

(8) a Class 8 farm brewery license; or

(9) a Class 9 limited distillery license.

(w) “Mead” means a fermented alcoholic beverage consisting primarily of honey and water.

(x) “Off–sale” means the sale of alcoholic beverages that are to be consumed off the licensed premises.

(y) “On–sale” means the sale of alcoholic beverages that are to be consumed on the licensed premises.

(z) “Person” means:

(1) an individual;

(2) an association, a partnership, a corporation, a trust, or any other entity, and the officers, directors, and other individuals in active control of the activities of the association, partnership, corporation, trust, or other entity; or

(3) (i) the State or a political subdivision of the State, or a unit or an instrumentality of the State or a political subdivision of the State; or

(ii) another state or a political subdivision of that state.

(aa) “Political subdivision” means a county or a municipality.

(bb) “Pomace brandy” means brandy that is distilled from the pulpy residue of wine pressing, including the skins, pips, and stalks of grapes.

(cc) (1) Subject to paragraph (2) of this subsection, “restaurant” means an establishment that:

(i) accommodates the public;

(ii) is equipped with a dining room with facilities for preparing and serving regular meals; and

(iii) has average daily receipts from the sale of food that exceed the average daily receipts from the sale of alcoholic beverages.

(2) By regulation, a local licensing board may set a different standard as to what constitutes a restaurant.

(dd) (1) “Retail dealer” means a person that sells an alcoholic beverage to any person other than a license holder.

(2) “Retail dealer” includes a county dispensary.

(ee) “7–day license” means a license that is in effect every day of the week.

(ff) “6–day license” means a license that is in effect Monday through Saturday.

(gg) (1) Except as provided in paragraph (2) of this subsection, “state” means:

(i) a state, possession, territory, or commonwealth of the United States; or

(ii) the District of Columbia.

(2) When capitalized, “State” means Maryland.

(hh) “Tobacco” includes cigarettes regulated under Title 16 of the Business Regulation Article and other tobacco and related products regulated under Title 16.5, 16.7, or 16.9 of the Business Regulation Article.

(ii) (1) “Wholesaler” means:

(i) a person that purchases or imports an alcoholic beverage for sale to wholesale dealers or retail dealers only; or

(ii) a limited winery that sells wine to retail dealers.

(2) “Wholesaler” includes:

(i) a county liquor control board; and

(ii) a county wholesale dispensary.

(jj) “Wholesaler’s license” means a license issued under Title 2, Subtitle 3 of this article that is:

(1) a Class 1 beer, wine, and liquor license;

(2) a Class 2 wine and liquor license;

(3) a Class 3 beer and wine license;

(4) a Class 4 beer license;

(5) a Class 5 wine license;

(6) a Class 6 limited wine license; or

(7) a Class 7 limited beer license.

(kk) (1) “Wine” means a fermented beverage.

(2) “Wine” includes:

(i) light wine;

(ii) sparkling wine that is naturally or artificially carbonated; and

(iii) fortified wine to which alcohol, spirits, or other ingredients are added.
Md. Code, Land Use § 1-401 — MD Code / Article glu / Title 1 / Subtitle 4 / Section 1-401
§1–401.
Status: in_force

(a) Except as provided in this section, this division does not apply to charter counties.

(b) The following provisions of this division apply to a charter county:

(1) this subtitle, including Parts II and III (Charter county – Comprehensive plans);

(2) § 1–101(l), (m), and (o) (Definitions – “Plan”, “Priority funding area”, and “Sensitive area”);

(3) § 1–201 (Visions);

(4) § 1–206 (Required education);

(5) § 1–207 (Annual report – In general);

(6) § 1–208 (Annual report – Measures and indicators);

(7) Title 1, Subtitle 3 (Consistency);

(8) Title 1, Subtitle 5 (Growth Tiers);

(9) § 4–104(c) (Limitations – Bicycle parking);

(10) § 4–104(d) (Limitations – Manufactured homes and modular dwellings);

(11) § 4–208 (Exceptions – Maryland Accessibility Code);

(12) § 4–210 (Permits and variances – Solar panels);

(13) § 4–211 (Change in zoning classification – Energy generating systems);

(14) § 4–212 (Agritourism);

(15) § 4–213 (Alcohol production);

(16) § 4–214 (Agricultural alcohol production);

(17) § 4–215 (Pollinator–friendly vegetation management);

(18) § 4–216 (Limitations – Family child care homes and large family child care homes);

(19) Title 4, Subtitle 5 (Accessory Dwelling Units);

(20) § 5–102(d) (Subdivision regulations – Burial sites);

(21) § 5–104 (Major subdivision – Review);

(22) Title 7, Subtitle 1 (Development Mechanisms);

(23) Title 7, Subtitle 2 (Transfer of Development Rights);

(24) except in Montgomery County or Prince George’s County, Title 7, Subtitle 3 (Development Rights and Responsibilities Agreements);

(25) Title 7, Subtitle 4 (Inclusionary Zoning);

(26) Title 7, Subtitle 5 (Housing Expansion and Affordability);

(27) § 8–401 (Conversion of overhead facilities);

(28) for Baltimore County only, Title 9, Subtitle 3 (Single–County Provisions – Baltimore County);

(29) for Frederick County only, Title 9, Subtitle 10 (Single–County Provisions – Frederick County);

(30) for Howard County only, Title 9, Subtitle 13 (Single–County Provisions – Howard County);

(31) for Talbot County only, Title 9, Subtitle 18 (Single–County Provisions – Talbot County); and

(32) Title 11, Subtitle 2 (Civil Penalty).

(c) This section supersedes any inconsistent provision of Division II of this article.
Md. Code, Financial Institutions § 1-205 — MD Code / Article gfi / Title 1 / Subtitle 2 / Section 1-205
§1–205.
Status: in_force

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

(2) “Compliance review committee” means:

(i) An audit, loan review, or compliance committee appointed by the board of directors of a depository institution; or

(ii) Any other person to the extent the person acts in an investigatory capacity at the direction of a compliance review committee.

(3) “Compliance review documents” means documents prepared for or created by a compliance review committee.

(4) “Depository institution” means a State–chartered or federally chartered financial institution located in this State that is authorized to maintain deposit or share accounts.

(5) “Loan review committee” means a person or group of persons who, on behalf of a depository institution, reviews loans held by the institution for the purpose of assessing the credit quality of the loans, compliance with the institution’s loan policies, and compliance with applicable laws and regulations.

(6) “Person” means an individual, group of individuals, board, committee, partnership, firm, association, corporation, or other entity.

(b) This section applies to a compliance review committee whose functions are to evaluate and seek to improve:

(1) Loan underwriting standards;

(2) Asset quality;

(3) Financial reporting to federal or State regulatory agencies; or

(4) Compliance with federal or State statutory or regulatory requirements.

(c) Except as provided in subsection (d) of this section:

(1) Compliance review documents are confidential and are not discoverable or admissible in evidence in any civil action arising out of matters evaluated by the compliance review committee; and

(2) Compliance review documents delivered to a federal or State governmental agency remain confidential and are not discoverable or admissible in evidence in any civil action arising out of matters evaluated by the compliance review committee.

(d) Subsection (c) of this section does not apply to any information required by statute or regulation to be maintained by or provided to a governmental agency while the information is in the possession of the governmental agency to the extent applicable law expressly authorizes its disclosure.

(e) This section may not be construed to limit the discovery or admissibility in any civil action of any documents that are not compliance review documents.
Md. Code, Local Government § 1-201 — MD Code / Article glg / Title 1 / Subtitle 2 / Section 1-201
§1–201.
Status: in_force

(a) This section does not apply to:

(1) an elected official;

(2) the head of a unit of a county or municipality who reports directly to:

(i) the chief administrative officer of the county or municipality;

(ii) an elected executive; or

(iii) the governing body of the county or municipality; or

(3) the chief administrative officer of the county or municipality.

(b) (1) Except as provided in paragraph (2) of this subsection, a county or municipality may not require an employee to reside in the State, county, or municipality or within a specified distance of the State, county, or municipality as a condition of employment.

(2) A county or municipality may require an at–will supervisory employee to reside in the State, county, or municipality or within a specified distance of the State, county, or municipality as a condition of employment if the at–will supervisory employee reports directly to the head of a unit of the county or municipality.

(3) Subject to subsection (c) of this section, when making employment, promotion, demotion, layoff, and discharge decisions, a county or municipality may not discriminate based on an individual’s place of residence.

(c) A county or municipality may grant a resident of the State, county, or municipality additional points or credits in employment or promotion decisions if the points or credits are provided in accordance with a merit system established by the county or municipality by local law or ordinance.

(d) An agency created under State law that provides governmental services to more than one county or municipality may not require an employee, as a condition of employment, to reside in the State or a county or municipality or within a specified distance of the State, a county, or a municipality for which the agency provides governmental services.
Md. Code, Business Regulation § 1-206 — MD Code / Article gbr / Title 1 / Subtitle 2 / Section 1-206
§1–206.
Status: in_force

(a) A person who must have a license issued by the Department under this article but does not get the license on time shall pay, in addition to the required license fee, a late fee.

(b) The late fee shall be the sum of:

(1) up to 20% of the required license fee for the calendar month following the calendar month when the required license fee is due; and

(2) up to 4% of the required license fee for each calendar month or part of a month after that.
Md. Code, Public Safety § 1-401 — MD Code / Article gps / Title 1 / Subtitle 4 / Section 1-401
§1–401.
Status: reserved

(a) There is a Sexual Offender Advisory Board.

(b) The Board consists of the following members:

(1) the Secretary of Public Safety and Correctional Services, or the Secretary’s designee;

(2) the Secretary of Health, or the Secretary’s designee;

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

(4) a representative of the Department of Public Safety and Correctional Services, designated by the Secretary of Public Safety and Correctional Services;

(5) the Chairman of the Maryland Parole Commission, or the Chairman’s designee;

(6) the Director of the Maryland Criminal Justice Information System Central Repository, or the Director’s designee;

(7) the Director of the Behavioral Health Administration of the Maryland Department of Health, or the Director’s designee;

(8) the Secretary of State Police, or the Secretary’s designee;

(9) the Executive Director of the Governor’s Office of Crime Prevention and Policy, or the Executive Director’s designee; and

(10) the following members, appointed by the Governor:

(i) a representative from a victims’ advocacy organization or victim service provider with recognized expertise in sexual abuse and victimization;

(ii) a licensed mental health professional with recognized expertise in the treatment of sexual offenders;

(iii) a State’s Attorney with expertise in the prosecution of sexual and child abuse crimes;

(iv) an assistant public defender with expertise in the defense of sexual and child abuse crimes;

(v) a representative of a local law enforcement unit with expertise in the investigation of sexual and child abuse crimes;

(vi) a representative from a child advocacy center with recognized expertise in sexual abuse and victimization; and

(vii) two citizen members.

(c) (1) The term of a member appointed by the Governor is 4 years.

(2) The terms of the appointed members are staggered as required by the terms provided for members of the Board on October 1, 2010.

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

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

(5) A member whose term has expired may be reappointed to the Board.

(d) A Board member:

(1) may not receive compensation for serving on the Board; but

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

(e) The Governor shall select a chairman from among the Board’s members.

(f) (1) A majority of the Board’s members constitutes a quorum.

(2) The Board may adopt rules for conducting business.

(3) The Board shall meet at least twice annually at the times and places determined by the Board.

(g) The Board shall:

(1) in collaboration with the Division of Parole and Probation, develop criteria for measuring a person’s risk of reoffending to assist the court in determining whether a person may be appropriately released from supervision under §§ 11–723 and 11–724 of the Criminal Procedure Article;

(2) review the effectiveness of the State’s laws and practices concerning sexual offenders, including:

(i) sexual offender registration and monitoring requirements; and

(ii) community notification requirements;

(3) review the laws and practices of other states and jurisdictions concerning sexual offenders;

(4) review practices and procedures of the Maryland Parole Commission and the Division of Parole and Probation concerning supervision and monitoring of sexual offenders;

(5) review developments and make recommendations for the treatment, management, and assessment of sexual offenders, including:

(i) existing and emerging technology for the tracking of sexual offenders;

(ii) civil commitment of sexual offenders;

(iii) existing and emerging technology for the treatment of sexual offenders; and

(iv) best practices for lowering recidivism rates and protecting the public;

(6) develop standards for the certification of sexual offender treatment providers based on current and evolving evidence–based practices and make recommendations for a statewide certification process;

(7) make recommendations to the Division of Parole and Probation for training sexual offender management teams; and

(8) consider ways to increase cooperation among states with regard to sexual offender registration and monitoring.

(h) On or before December 31, 2010, and every year thereafter, the Board shall report the findings and recommendations of the Board to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(i) Each unit of State and local government shall cooperate with the Board.

(j) The Department of Public Safety and Correctional Services shall provide staff to the Board.
Md. Code, Natural Resources § 1-107 — MD Code / Article gnr / Title 1 / Subtitle 1 / Section 1-107
§1–107.
Status: in_force

(a) (1) This section applies to employees commissioned as law enforcement officers of the State Forest and Park Service.

(2) This section does not apply to Natural Resources police officers.

(b) (1) Notwithstanding any other provision of law, the Secretary may appoint without examination:

(i) A law enforcement officer who holds a commissioned rank to the rank of Major; and

(ii) A law enforcement officer who holds a commissioned rank of not less than Captain to the rank of Lieutenant Colonel.

(2) A law enforcement officer appointed in accordance with this subsection continues to serve at the pleasure of the Secretary.

(3) Notwithstanding any other provision of law, on termination of an appointment under this subsection, the Secretary may:

(i) Return the law enforcement officer to the rank that the law enforcement officer held before the appointment; or

(ii) Promote the law enforcement officer to a higher rank to which the law enforcement officer became eligible for promotion during the appointment.

(c) In cases of inconsistency between this section and the provisions of the State Personnel and Pensions Article, the provisions of this section shall control as to all matters relating to the appointment of a law enforcement officer of the Department to the rank of Major or Lieutenant Colonel.
Md. Code, Public Safety § 1-503 — MD Code / Article gps / Title 1 / Subtitle 5 / Section 1-503
§1–503.
Status: in_force

(a) The Board shall coordinate the operation and maintenance of a Statewide Public Safety Interoperability Radio System.

(b) The Board’s responsibilities include:

(1) establishing standard operating procedures, quality of service standards, and maintenance guidelines for the System;

(2) establishing working groups of the System’s users, including:

(i) a System Managers Committee to advise on technical system issues, such as upgrades, security, and enhancements; and

(ii) a System Users Committee to advise on operational issues, such as standard operating procedures, performance, and usage of resources;

(3) approving the addition of new System users and the removal of existing users;

(4) coordinating participatory, collaborative, or reciprocal relationships with local governments, including establishing procedures for:

(i) requests to become part of the System by local governmental entities;

(ii) collaboration or sharing in the purchase, operation, or use of equipment or by the System infrastructure currently used by local governmental entities; and

(iii) review and approval of any requests or arrangements sought under this item;

(5) resolving any conflicts among System users relating to the operation, maintenance, or improvement of the System that cannot be resolved under the standard operating procedures;

(6) reviewing the annual cost estimation provided by the Director of the Board;

(7) recommending to the Governor and the General Assembly funding and resource levels for System operation and maintenance;

(8) advising the Governor and General Assembly on resources needed for appropriate operation and expansion to meet service needs for public safety communications statewide; and

(9) negotiating agreements with federal agencies, surrounding states, or the District of Columbia for the use of the System.

(c) It is the intent of the General Assembly that the Board shall continue to receive guidance and input from the bodies currently constituted under Executive Order 01.01.2008.07, including the Statewide Interoperability Executive Committee (SIEC) for as long as the Executive Order is in effect.
Md. Code, Public Safety § 1-305 — MD Code / Article gps / Title 1 / Subtitle 3 / Section 1-305
§1–305.
Status: in_force

(a) There is a Maryland 9–1–1 Board in the Maryland Department of Emergency Management.

(b) (1) The Board consists of 24 members.

(2) Of the 24 members:

(i) one nonvoting member shall represent a telephone company operating in the State;

(ii) one nonvoting member shall represent the wireless telephone industry in the State;

(iii) one nonvoting member shall represent the Maryland Department of Emergency Management;

(iv) one member shall represent the Maryland Institute for Emergency Medical Services Systems;

(v) one member shall represent the Department of State Police;

(vi) one member shall represent the Public Service Commission;

(vii) one member shall represent the Association of Public–Safety Communications Officials International, Inc.;

(viii) two members shall represent county fire services in the State, with one member representing career fire services and one member representing volunteer fire services;

(ix) one member shall represent law enforcement in the State;

(x) one member shall represent emergency management services in the State;

(xi) one member shall represent 9–1–1 specialists;

(xii) one member shall be appointed by the Secretary of Disabilities and represent individuals with accessibility needs;

(xiii) one member shall represent the Emergency Communications Committee of the Maryland Association of Counties;

(xiv) one member shall represent directors of public safety answering points for Allegany County, Garrett County, and Washington County;

(xv) one member shall represent directors of public safety answering points for Calvert County, Charles County, Frederick County, Montgomery County, Prince George’s County, and St. Mary’s County;

(xvi) one member shall represent directors of public safety answering points for Anne Arundel County, Baltimore City, Baltimore County, Carroll County, Harford County, and Howard County;

(xvii) one member shall represent directors of public safety answering points for Caroline County, Cecil County, Dorchester County, Kent County, Queen Anne’s County, Somerset County, Talbot County, Wicomico County, and Worcester County;

(xviii) one member shall represent the cybersecurity systems in the State, particularly in the field of emergency communication networks;

(xix) one member shall represent a county finance office in the State and be recommended by the Maryland Association of Counties;

(xx) one member shall represent the Maryland chapter of the National Emergency Numbers Association;

(xxi) one member shall represent the geographical information systems in the State; and

(xxii) two members shall represent the public.

(3) The Governor shall appoint the members with the advice and consent of the Senate.

(c) (1) The term of a member is 4 years and begins on July 1.

(2) The terms of the members are staggered as required by the terms provided for members of the Board on October 1, 2003.

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

(4) (i) If a vacancy occurs after a term has begun, the Governor shall appoint a successor to represent the organization or group in which the vacancy occurs.

(ii) The Board, in consultation with the Maryland Department of Emergency Management, shall develop and establish procedures for:

1. filling a vacancy as soon as practicable after the vacancy occurs; and

2. ensuring candidates for filling a vacancy have appropriate expertise and a commitment to improving 9–1–1 services in the State.

(5) 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.

(d) From among its members, the Board shall elect a chair and vice chair.

(e) (1) The Board shall meet as necessary, but at least once each quarter.

(2) For purposes of the Open Meetings Act, a project site visit or educational field tour may not be considered a meeting of the Board if no organizational business is conducted.

(f) A member of the Board:

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

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

(g) The Secretary shall provide staff to the Board, including:

(1) a coordinator who is responsible for the daily operation of the office of the Board; and

(2) staff to handle the increased duties related to enhanced 9–1–1 service.
Md. Code, Commercial Law § 1-104 — MD Code / Article gcl / Title 1 / Subtitle 1 / Section 1-104
§1–104.
Status: reserved

The Maryland Uniform Commercial Code being a general act intended as a unified coverage of its subject matter, no part of it shall be deemed to be impliedly repealed by subsequent legislation if such construction can reasonably be avoided.
Md. Code, Health Occupations § 1-601 — MD Code / Article gho / Title 1 / Subtitle 6 / Section 1-601
§1–601.
Status: in_force

In this subtitle, “health occupations board” means a board authorized to issue a license or certificate under this article.
Md. Code, Public Safety § 1-307 — MD Code / Article gps / Title 1 / Subtitle 3 / Section 1-307
§1–307.
Status: in_force

(a) The Board shall submit an annual report to the Governor, the Secretary, and, subject to § 2–1257 of the State Government Article, the Legislative Policy Committee, the Senate Education, Health, and Environmental Affairs Committee, and the House Health and Government Operations Committee.

(b) The report submitted under subsection (a) of this section shall provide the following information:

(1) for each county:

(i) the type of 9–1–1 system currently operating in the county;

(ii) the total State 9–1–1 fee and county 9–1–1 fee charged;

(iii) the funding formula in effect;

(iv) any statutory or regulatory violation by the county and the response of the Board; and

(v) any efforts to establish an enhanced 9–1–1 system in the county;

(2) any suggested changes to this subtitle; and

(3) for the annual reports submitted in 2023 through 2028:

(i) an update on the progress of each county in transitioning to next generation 9–1–1 technology, including compliance with cybersecurity standards and meeting goals of interoperability and geographic information system mapping integration;

(ii) the following personnel information for each county public safety answering point:

1. staffing and vacancy levels;

2. a summary of the county’s efforts to find, hire, and retain qualified personnel;

3. an update on training of public safety answering point personnel under § 1–306 of this subtitle; and

4. incidence of workers’ compensation claims by public safety answering point personnel;

(iii) an update on audits conducted by the Comptroller of fee collection and remittances, including whether fees collected are sufficient to cover each county’s operational costs for the 9–1–1 system and any measures recommended or implemented to address cost shortages;

(iv) annual incidents of unnecessary requests for emergency services made to 9–1–1 for the purpose of dispatching an unneeded emergency response and any resulting bodily harm or death;

(v) incidence and interval data relating to 9–1–1 outages or the absence of 9–1–1 specialists to receive requests for emergency services; and

(vi) an update on integration of the 9–1–1 system with 9–8–8 and 2–1–1 and the impact on 9–1–1 operations and capacity.

(c) The Maryland Department of Emergency Management shall summarize and analyze the information provided under subsection (b)(3) of this section and, subject to § 2–1257 of the State Government Article, submit to the Senate Finance Committee and the House Health and Government Operations Committee:

(1) the summary and analysis;

(2) any associated recommendations to address issues raised by the analysis; and

(3) a description of any measures implemented by the Department to address issues raised by the analysis.
Md. Code, Land Use § 1-407.1 — MD Code / Article glu / Title 1 / Subtitle 4 / Section 1-407.1
§1–407.
Status: in_force

§1–407.1.

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

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

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

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

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

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

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

(1) workforce housing; and

(2) low–income housing.

(d) (1) A county has a duty to affirmatively further fair housing through the county’s housing and urban development programs.

(2) The housing element of a comprehensive plan that is enacted or amended on or after January 1, 2025, shall include an assessment of fair housing to ensure that the county is affirmatively furthering fair housing.

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

(4) This subsection does not require a county to take, or prohibit a county from taking, a specific action to affirmatively further fair housing.
Md. Code, Local Government § 1-1417 — MD Code / Article glg / Title 1 / Subtitle 14 / Section 1-1417
§1–1417.
Status: in_force

(a) Property of an authority is public property devoted to an essential public and governmental function and purpose.

(b) Income of an authority is received for a public and governmental purpose.
Md. Code, Alcoholic Beverages and Cannabis § 1-406 — MD Code / Article gab / Title 1 / Subtitle 4 / Section 1-406
§1–406.
Status: in_force

(a) Warehouse receipts covering alcoholic beverages stored in public warehouses in the State, including government controlled warehouses, may be purchased or sold without a license or permit.

(b) Alcoholic beverages covered under subsection (a) of this section may be withdrawn or delivered in the State only to a licensed manufacturer or licensed wholesaler.

(c) The Executive Director may adopt regulations covering warehouse receipt transactions.
Md. Code, Land Use § 1-303 — MD Code / Article glu / Title 1 / Subtitle 3 / Section 1-303
§1–303.
Status: in_force

Except as provided in § 1–304 of this subtitle, when a provision in a statute listed under § 1–302 of this subtitle requires an action to be “consistent with” or have “consistency with” a comprehensive plan, the term shall mean an action taken that will further, and not be contrary to, the following items in the plan:

(1) policies;

(2) timing of the implementation of the plan;

(3) timing of development;

(4) timing of rezoning;

(5) development patterns;

(6) land uses; and

(7) densities or intensities.
Md. Code, Agriculture § 1-101 — MD Code / Article gag / Title 1 / Subtitle 1 / Section 1-101
§1–101.
Status: in_force

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

(b) “Any state” means any state, possession or territory of the United States, the District of Columbia, or the Commonwealth of Puerto Rico.

(c) “County” means every county of the State and Baltimore City, unless otherwise indicated.

(d) “Department” means the State Department of Agriculture.

(e) “Intrastate commerce” means commerce wholly within the State.

(f) “Livestock” means living or dead cattle, equines, goats, sheep, or swine, unless otherwise provided.

(g) “Person” includes the State, any county, municipal corporation or other political subdivision of the State, or any of their units, or an individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any partnership, firm, association, public or private corporation, or any other entity, unless otherwise provided.

(h) “Poultry” means any living or dead domesticated bird.

(i) “Secretary” means Secretary of Agriculture or his designee.
Md. Code, Business Regulation § 1-201 — MD Code / Article gbr / Title 1 / Subtitle 2 / Section 1-201
§1–201.
Status: in_force

A requirement in this article that a document be under oath means that the document shall be supported by:

(1) a written statement signed by the individual making it in which the individual solemnly affirms under the penalties of perjury that the contents of the document are true to the best of the individual’s knowledge, information, and belief; or

(2) a certification of an officer authorized to administer an oath that a named individual made oath that the contents of the document are true to the best of the individual’s knowledge, information, and belief.
Md. Code, Local Government § 1-903 — MD Code / Article glg / Title 1 / Subtitle 9 / Section 1-903
§1–903.
Status: in_force

(a) On request of the Director of the Baltimore City Department of Public Works, the governing bodies of Anne Arundel County, Baltimore County, or Howard County shall restrict the use of water supplied by Baltimore City to any person or property located in the county:

(1) to the same extent restrictions are imposed on the use of water by consumers in Baltimore City when there is a shortage of water; or

(2) in limited areas when required due to deficiencies in the water distribution system serving the limited areas under conditions approved by the receiving county.

(b) Before the imposition of a water restriction in a limited area of Anne Arundel County, Baltimore County, or Howard County, the Director of the Baltimore City Department of Public Works shall determine that the unrestricted use of water in all other areas of the county will have no detrimental effect on the restricted use area.

(c) The governing bodies of Anne Arundel County, Baltimore County, and Howard County may pass any ordinance, resolution, rule, or regulation necessary to impose and enforce a water restriction under this subtitle and provide penalties for the violation of a restriction.
Md. Code, Environment § 1-202 — MD Code / Article gen / Title 1 / Subtitle 2 / Section 1-202
§1–202.
Status: in_force

Before any license or permit may be issued under this article to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9-101 of the Labor and Employment Article, the employer shall file with the issuing authority:

(1) A certificate of compliance with the Maryland Workers’ Compensation Act; or

(2) The number of a workers’ compensation insurance policy or binder.
Md. Code, Health Occupations § 1-226 — MD Code / Article gho / Title 1 / Subtitle 2 / Section 1-226
§1–226.
Status: in_force

Each health occupations board authorized to issue a license or certificate under this article shall:

(1) Include on the form for an application for the license or certificate or a license or certificate renewal an option for the applicant to provide the applicant’s race and ethnicity information; and

(2) Encourage an applicant to provide race and ethnicity information on the application.
Md. Code, General Provisions § 1-301 — MD Code / Article ggp / Title 1 / Subtitle 3 / Section 1-301
§1–301.
Status: in_force

(a) The standard time in the State shall be that of the 75th meridian of longitude west from Greenwich.

(b) The standard time described under subsection (a) of this section shall regulate all courts, banking institutions, public offices, and legal or official proceedings.
Md. Code, General Provisions § 1-105 — MD Code / Article ggp / Title 1 / Subtitle 1 / Section 1-105
§1–105.
Status: in_force

In this Code, a code of public local laws, a municipal charter, a resolution or ordinance of a county or municipal corporation, or a rule, regulation, or directive of a unit of the State or a political subdivision of the State:

(1) “certified mail” and “registered mail” include the uses, procedures, and fees of the United States Postal Service;

(2) “certified mail” includes “registered mail”; and

(3) “registered mail” includes “certified mail”.
Md. Code, Alcoholic Beverages and Cannabis § 1-309 — MD Code / Article gab / Title 1 / Subtitle 3 / Section 1-309
§1–309.
Status: in_force

(a) With the advice and consent of the Senate, the Governor shall appoint an Executive Director of the Commission.

(b) The Executive Director serves at the pleasure of the Governor.

(c) The Executive Director shall:

(1) have the training and experience, including knowledge of the Maryland alcohol, tobacco, and cannabis regulatory system, that is needed to direct the work of the Commission; and

(2) devote full time to the duties of office and may not engage in another profession or occupation.

(d) The Executive Director may be a sworn police officer with the powers granted to an officer or employee of the Field Enforcement Division under § 1–313 of this subtitle.

(e) The Executive Director is entitled to the salary provided in the State budget.
Md. Code, Local Government § 1-1410 — MD Code / Article glg / Title 1 / Subtitle 14 / Section 1-1410
§1–1410.
Status: in_force

An authority may have the same immunities as the local government that creates the authority under § 1–1403 of this subtitle.
Md. Code, Tax - Property § 1-303 — MD Code / Article gtp / Title 1 / Subtitle 3 / Section 1-303
§1–303.
Status: in_force

(a) In this section, “legal holiday” means:

(1) the day on which a legal holiday, as defined in § 1–111 of the General Provisions Article, is observed; or

(2) a federal legal holiday.

(b) Notwithstanding any other law, when under State or local law, the last day to pay a tax, file a tax return or perform any other act that relates to taxes under this article falls on a Saturday, Sunday, or legal holiday, performance of the act is considered timely if the act is performed on the next succeeding day that is not a Saturday, Sunday, or legal holiday.

(c) For purposes of this section, the last day to perform an act is the last day of any authorized extension of time.
Md. Code, Health Occupations § 1-505 — MD Code / Article gho / Title 1 / Subtitle 5 / Section 1-505
§1–505.
Status: in_force

In any action brought under this subtitle, a court may:

(1) Issue an injunction to restrain continued violation of this subtitle;

(2) Reinstate the employee to the same, or an equivalent position held before the violation of § 1-502 of this subtitle;

(3) Remove any adverse personnel record entries based on or related to the violation of § 1-502 of this subtitle;

(4) Reinstate full fringe benefits and seniority rights;

(5) Require compensation for lost wages, benefits, and other remuneration; and

(6) Assess reasonable attorney’s fees and other litigation expenses against:

(i) The employer, if the employee prevails; or

(ii) The employee, if the court determines that the action was brought by the employee in bad faith and without basis in law or fact.
Md. Code, Local Government § 1-601 — MD Code / Article glg / Title 1 / Subtitle 6 / Section 1-601
§1–601.
Status: in_force

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

(b) “Parks and recreation unit” means a governmental unit designated or created under § 1–604 of this subtitle to administer a program.

(c) “Program” means a program of public recreation and parks.
Md. Code, Business Regulation § 1-413 — MD Code / Article gbr / Title 1 / Subtitle 4 / Section 1-413
§1–413.
Status: in_force

A person who, for the person or for another, applies to register or registers a mark under this subtitle by knowingly making a false or fraudulent representation, orally or in writing, or by other fraudulent means is liable for any damages sustained as a result of the application or registration.
Md. Code, Health Occupations § 1A-308 — MD Code / Article gho / Title 1A / Subtitle 3 / Section 1A-308
§1A–308.
Status: in_force

(a) Unless the Board agrees to accept the surrender of a license, a licensee may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.

(b) The Board may set conditions on its agreement with the licensee under investigation or against whom charges are pending to accept surrender of the license.
Md. Code, Health Occupations § 1-221 — MD Code / Article gho / Title 1 / Subtitle 2 / Section 1-221
§1–221.
Status: in_force

(a) In this section, “health care practitioner” means a person who is licensed, certified, or otherwise authorized under this article to provide health care services in the ordinary course of business or practice of a profession.

(b) This section applies only to a health care practitioner who practices in:

(1) A freestanding ambulatory care facility;

(2) A physician’s office; or

(3) An urgent care facility.

(c) Except as provided in subsection (d) of this section, when providing health care to a patient, a health care practitioner shall wear a badge or other form of identification displaying in readily visible type:

(1) The health care practitioner’s first name, nickname, last name, or full name that is commonly used in the office or facility; and

(2) The type of license of the health care practitioner.

(d) A badge or other form of identification is not required to be worn if:

(1) (i) The patient is being seen in the office of a health care practitioner who is a solo practitioner; and

(ii) The name and license of the health care practitioner can be readily determined by the patient from a posted license or sign in the office; or

(2) The patient is being seen in:

(i) An operating room or other setting where surgical or other invasive procedures are performed; or

(ii) Any other setting where maintaining a sterile environment is medically necessary.

(e) (1) Each health occupations board may adopt regulations to implement this section.

(2) The regulations, when necessary for the patient or health care practitioner’s safety or for therapeutic concerns may provide exemptions from wearing a badge or other form of identification.

(3) A violation may be reported to the health occupations board that licensed or certified the health care practitioner.

(4) In response to a reported violation, a health occupations board may send an advisory letter or a letter of education to the health care practitioner.

(f) An advisory letter or letter of education sent by a health occupations board under this section is confidential and may not be publicly reported as a disciplinary action.
Md. Code, Natural Resources § 1-602 — MD Code / Article gnr / Title 1 / Subtitle 6 / Section 1-602
§1–602.
Status: in_force

The Secretary is responsible for administering a program of water safety for recreational uses of the hazardous section of the Potomac River as described in this subtitle.
Md. Code, Natural Resources § 1-801 — MD Code / Article gnr / Title 1 / Subtitle 8 / Section 1-801
§1–801.
Status: in_force

(a) The Chief Judge of the District Court of Maryland may establish, by administrative regulation under the provisions of § 1-605 of the Courts and Judicial Proceedings Article, a schedule of prepayable fines for first offense misdemeanor violations of this article and regulations adopted under this article. The amount of a prepayable fine may be no more than the maximum and no less than the minimum criminal penalty established by the General Assembly in this article.

(b) By paying a fine set under this section in lieu of appearing for trial in District Court, a person is voluntarily accepting a conviction for the offense charged.
Md. Code, Local Government § 1-404 — MD Code / Article glg / Title 1 / Subtitle 4 / Section 1-404
§1–404.
Status: in_force

(a) This section applies to all counties and municipalities.

(b) A county or municipality that operates a minority business enterprise utilization program for county or municipal procurements and has a process for the certification of minority business enterprises for eligibility in that program shall accept as certified for the program any person that has been certified as a minority business enterprise by the State certification agency designated under § 14–303(b) of the State Finance and Procurement Article.
Md. Code, Public Safety § 1-304.2 — MD Code / Article gps / Title 1 / Subtitle 3 / Section 1-304.2
§1–304.
Status: in_force

§1–304.2.

(a) Each public safety answering point shall adopt and implement programs compliant with best practices on 9–1–1 acute/traumatic and chronic stress management.

(b) (1) A 9–1–1 specialist may, as part of occupational well–being standards and practices, seek treatment for job–related audible or visual trauma without informing anyone.

(2) Except as otherwise provided under Title 9, Subtitle 1 of the Courts Article, communications between a 9–1–1 specialist and a treatment provider that occur in connection with the treatment of job–related audible or visual trauma shall be confidential.
Md. Code, Local Government § 1-305 — MD Code / Article glg / Title 1 / Subtitle 3 / Section 1-305
§1–305.
Status: in_force

A person who violates this subtitle is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $3,000 or both.
Md. Code, Courts and Judicial Proceedings § 1-608 — MD Code / Article gcj / Title 1 / Subtitle 6 / Section 1-608
§1–608.
Status: in_force

(a) The cost of maintenance, operation, and administration, and of providing necessary facilities, including capital costs, of the District Court shall be borne exclusively by the State, and, except as provided in Title 7 of this article, or otherwise expressly by law, all revenues derived from the operation and administration of the District Court shall enure to the general funds of the State.

(b) The costs listed in subsection (a) of this section shall be included and itemized in the annual State budget or in the annual construction loan as submitted to the General Assembly by the Governor and subject to the power of the General Assembly with respect to budget appropriations.
Md. Code, Tax - General § 1-302 — MD Code / Article gtg / Title 1 / Subtitle 3 / Section 1-302
§1–302.
Status: in_force

The purpose of this subtitle is to establish a system of legislative review that will determine whether a tax credit, exemption, or preference is necessary for the public interest.
Md. Code, Environment § 1-902 — MD Code / Article gen / Title 1 / Subtitle 9 / Section 1-902
§1–902.
Status: in_force

Except as provided in this subtitle, a person that meets the threshold standing requirements under federal law has standing in civil claims arising under any standard.
Md. Code, General Provisions § 1-209 — MD Code / Article ggp / Title 1 / Subtitle 2 / Section 1-209
§1–209.
Status: in_force

(a) The rule of construction established by this section applies to an amendment adopted before, on, or after July 1, 1973.

(b) Except as otherwise provided, when a public general law or public local law refers to a portion of the Code or to any other law, the reference applies to any amendment to that portion of the Code or other law.
Md. Code, Health Occupations § 1-227 — MD Code / Article gho / Title 1 / Subtitle 2 / Section 1-227
§1–227.
Status: in_force

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

(2) “Health care practitioner” means an individual who is licensed, certified, or otherwise authorized by law to provide health care services under this article.

(3) “Legally protected health care” has the meaning stated in § 2–312 of the State Personnel and Pensions Article.

(b) A health occupations board may not revoke, suspend, discipline, take an adverse action against, or refuse to issue or renew a license, certification, or other authorization to practice for any health care practitioner in whole or in part because of the provision or support of the provision of legally protected health care if the legally protected health care was provided in accordance with the standard of care as determined by the relevant health occupations board established under this article and in accordance with the laws of this State.

(c) A health occupations board may not revoke, suspend, discipline, take an adverse action against, or refuse to issue or renew a license, certification, or other authorization to practice for any health care practitioner if the health care practitioner is disciplined by a licensure board in another state in whole or in part because of the provision or support of the provision of legally protected health care if the legally protected health care was provided in accordance with the standard of care as determined by the relevant health occupations board established under this article and in accordance with the laws of this State.
Md. Code, General Provisions § 1-208 — MD Code / Article ggp / Title 1 / Subtitle 2 / Section 1-208
§1–208.
Status: in_force

Unless otherwise provided by law, the caption or catchline of a section or subsection that is printed in bold type, italics, or otherwise:

(1) is intended as a mere catchword to indicate the contents of the section or subsection; and

(2) (i) may not be considered as a title of the section or subsection; and

(ii) may not be considered as a title if the section, subsection, caption, or catchline is amended or reenacted.
Md. Code, General Provisions § 1-207 — MD Code / Article ggp / Title 1 / Subtitle 2 / Section 1-207
§1–207.
Status: in_force

(a) Except as provided in subsection (b) of this section, if two or more amendments to the same section are enacted at the same or different sessions of the General Assembly, and one of the amendments makes no reference to and takes no account of the other, the amendments shall be construed together and each shall be given effect, if possible, with due regard to the wording of their titles.

(b) If the amendments are irreconcilable and it is not possible to construe them together, the latest in date of final enactment shall prevail.
Md. Code, Tax - General § 1-306 — MD Code / Article gtg / Title 1 / Subtitle 3 / Section 1-306
§1–306.
Status: in_force

(a) The Department shall prepare a report on the evaluation that:

(1) discusses, to the degree relevant:

(i) the purpose for which the tax credit, exemption, or preference was established;

(ii) whether the original intent of the tax credit, exemption, or preference is still appropriate;

(iii) whether the tax credit, exemption, or preference is meeting its objectives;

(iv) whether the purposes of the tax credit, exemption, or preference could be more efficiently and effectively carried out through alternative methods; and

(v) the costs of providing the tax credit, exemption, or preference, including the administrative cost to the State and lost revenues to the State and local governments; and

(2) include a recommendation on whether the tax credit, exemption, or preference should be continued, with or without changes, or terminated.

(b) For each evaluation conducted by the Department, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the evaluation.
Md. Code, Insurance § 1-203 — MD Code / Article gin / Title 1 / Subtitle 2 / Section 1-203
§1–203.
Status: in_force

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

(2) “Certificate of guarantee” means an instrument that is issued:

(i) by a nonprofit association of contractors, or its wholly owned subsidiary that is approved to operate by Baltimore County, Baltimore City, Calvert County, Charles County, Howard County, Prince George’s County, Montgomery County, St. Mary’s County, or Washington County, as appropriate; and

(ii) on behalf of a contractor for the purpose of satisfying:

1. county bond requirements for public improvements; or

2. other county bond requirements.

(3) “Contractor” means a person that, for a fixed price, commission, fee, or percentage, undertakes to bid on or accepts or offers to accept orders or contracts to perform or supervise the construction, improvement, or maintenance of a building, structure, or road.

(b) This article does not apply to a certificate of guarantee.

(c) Baltimore County, Baltimore City, Calvert County, Charles County, Howard County, Montgomery County, Prince George’s County, St. Mary’s County, and Washington County:

(1) may honor certificates of guarantee; but

(2) are not required under this article to honor certificates of guarantee.
Md. Code, Courts and Judicial Proceedings § 1-302 — MD Code / Article gcj / Title 1 / Subtitle 3 / Section 1-302
§1–302.
Status: in_force

(a) In this section, “former judge” means a judge who previously served in a court.

(b) Except as provided in subsection (c) of this section, the Chief Justice of the Supreme Court of Maryland may assign any former judge to sit temporarily in any court if the temporary assignment is approved by the administrative judge of the circuit in which the former judge is to be assigned and if the former judge:

(1) Has served in the aggregate at least 2 years as a judge, except that in Talbot County, the former judge shall have served in the aggregate at least 1 year as a judge;

(2) Has been approved for assignment by a majority of the justices of the Supreme Court of Maryland;

(3) Meets the standards established by this section as well as any additional standards established by rule of the Supreme Court of Maryland; and

(4) Has consented to the assignment.

(c) A former judge may not be recalled for temporary assignment if the judge:

(1) Was removed or involuntarily retired from judicial office pursuant to the Constitution or laws of this State;

(2) Voluntarily retired by reason of disability;

(3) Had the most recent service as a judge terminated by reason of defeat for election to judicial office or by rejection of confirmation by the Senate;

(4) Was censured by the Supreme Court of Maryland upon recommendation of the Commission on Judicial Disabilities; or

(5) Is engaged in the practice of law.

(d) A former judge recalled under this section may not be temporarily assigned for more than 180 working days in any calendar year. However, if the case which the former judge is hearing at the end of the 180–day period is not concluded, the time may be extended until that case is concluded.

(e) A former judge temporarily assigned under this section has all the power and authority of a judge of the court to which he is assigned.

(f) (1) Whether or not he is receiving a retirement allowance, a former judge temporarily assigned under this section shall receive a per diem compensation for each day he is actually engaged in the discharge of judicial duties based on the current annual salary of the court in which he served immediately prior to his resignation or retirement. The per diem shall be computed on the basis of 246 working days a year. If the sum of the per diem payments received by a former judge in any 1 calendar year, when added to the retirement allowance he is entitled to receive during that calendar year, equals the annual salary of a judge of the court in which the former judge served immediately prior to the termination of his active service, no further per diem is payable to the former judge in that calendar year.

(2) A deduction may not be withheld for health benefits or retirement purposes from the compensation paid to a former judge during temporary judicial service. The performance of temporary judicial service does not provide additional service for retirement credit purposes.

(3) In addition to the per diem compensation provided for in paragraph (1) of this subsection, he shall be reimbursed for reasonable expenses actually incurred by reason of the assignment, in accordance with State joint travel regulations.

(g) Preference for temporary assignment shall be given to retired judges from the circuit in which the temporary assignment is to take place.
Md. Code, Local Government § 1-209 — MD Code / Article glg / Title 1 / Subtitle 2 / Section 1-209
§1–209.
Status: in_force

(a) In this section, “uniformed services” has the meaning stated in 38 U.S.C. § 4303 and 20 C.F.R. § 1002.5(o).

(b) This section applies to all employees of a governmental unit of a county or a municipality in the State.

(c) Each governmental unit may provide leave with pay:

(1) for jury service;

(2) to attend employee organization events approved for this purpose by the head of the governmental unit;

(3) for up to 30 days for uniformed services training or active uniformed services duty in a reserve unit of the armed forces or in the organized militia;

(4) unless the employee is a party to the action or a paid witness, to appear in compliance with a subpoena:

(i) in court;

(ii) before a grand jury;

(iii) before an administrative unit; or

(iv) for a deposition;

(5) for administrative leave for the purpose of immediately removing an employee from the work site, if the employee:

(i) poses a threat to self, another individual, or county or municipal property; or

(ii) is incapable of properly performing the employee’s duties because of extraordinary circumstances; and

(6) for any other paid leave the head of a governmental unit considers necessary.
Md. Code, General Provisions § 1-110 — MD Code / Article ggp / Title 1 / Subtitle 1 / Section 1-110
§1–110.
Status: in_force

“Includes” or “including” means includes or including by way of illustration and not by way of limitation.
Md. Code, Public Safety § 1-304.1 — MD Code / Article gps / Title 1 / Subtitle 3 / Section 1-304.1
§1–304.
Status: in_force

§1–304.1.

(a) (1) Each public safety answering point shall employ standards–based protocols for the processing of 9–1–1 requests for emergency assistance.

(2) A public safety answering point shall ensure that each 9–1–1 specialist employed by the public safety answering point is certified in each discipline related to 9–1–1 requests for assistance for which the 9–1–1 specialist is responsible for receiving and processing.

(b) A public safety answering point may establish a telecommunicator emergency response team to respond to, relieve, assist, or augment other public safety answering points when those public safety answering points are affected by natural or human–made disasters.
Md. Code, Estates and Trusts § 1-210.1 — MD Code / Article get / Title 1 / Subtitle 2 / Section 1-210.1
§1–210.
Status: in_force

§1–210.1.

(a) Unless a contrary intention expressly appears, subsection (b) of this section applies to the provisions of a will requiring that upon the occurrence of an event, distribution shall be made by representation or per stirpes to the issue of one specified person.

(b) (1) On the occurrence of the event designated by the will, the property to be distributed shall be divided into as many equal shares as there are children of the person whose issue are to take by representation or per stirpes, excluding those children who were not living at the time of the occurrence of the event and did not leave issue who were living at the time of the occurrence of the event.

(2) Distribution of the shares shall be made as follows:

(i) One share shall be distributed to each child, who was living at the time of the occurrence of the event; and

(ii) One share shall be distributed among the issue of each child who was not living but who left issue who were living at the time of the occurrence of the event in the same manner distribution is to be made to the issue of one specified person as provided by this subsection.

(c) Unless a contrary intention expressly appears, subsection (d) of this section applies to the provisions of a will requiring that on the occurrence of an event, distribution shall be made by representation or per stirpes to the issue of:

(1) Several persons indicated in the will who are specifically named or in any manner described, designated, or identified; or

(2) Persons who are members of a class that is specifically named, or in any manner described, designated, or identified.

(d) (1) When the person whose issue are to take by representation or per stirpes is a person who is a member of a class or is one of several indicated persons in a will, on the occurrence of the event designated by the will, the property to be distributed shall be divided into as many equal shares as there are:

(i) Members of the class or indicated persons, as the case may be, who are living at the time of the occurrence of the event; and

(ii) Members of the class or indicated persons, as the case may be, who were not living at the time of the occurrence of the event, but who left issue who were living at the time of the occurrence of the event.

(2) Each share shall be divided into as many equal portions as there are children of each member of the class or each indicated person whose issue are to take by representation or per stirpes, excluding those children who were not living at the time of the occurrence of the event and who did not leave issue who were living at the time of the occurrence of the event.

(3) Distribution of the equal portions shall be distributed as follows:

(i) One portion shall be distributed to each child who was living at the occurrence of the event; and

(ii) The equal portion allocated to a child who was not living but who left issue who were living at the time of the occurrence of the event, shall be distributed in the same manner as distribution is to be made to the issue of one specified person as provided by subsection (b) of this section.
Md. Code, Financial Institutions § 1-201 — MD Code / Article gfi / Title 1 / Subtitle 2 / Section 1-201
§1–201.
Status: in_force

Except as otherwise expressly provided by this article, the Maryland General Corporation Law applies to a financial institution and to all of its corporate acts.
Md. Code, Courts and Judicial Proceedings § 1-707 — MD Code / Article gcj / Title 1 / Subtitle 7 / Section 1-707
§1–707.
Status: in_force

A judge of the District Court who has continued in office as a judge of that Court pursuant to the provisions of Article IV, § 41-I(a) of the Maryland Constitution, and who on July 4, 1971 was a participant in a group health or group hospitalization plan provided by a local subdivision, and who within six months from July 5, 1971, elected to remain a member of that plan, may continue as a member of the plan. In this event, the local subdivision shall continue to make on behalf of the judge any contributions to the plan required by its terms or by law. The State shall periodically reimburse the local subdivision for contributions made pursuant to this section.
Md. Code, Local Government § 1-1310 — MD Code / Article glg / Title 1 / Subtitle 13 / Section 1-1310
§1–1310.
Status: in_force

(a) In this section, “swimming pool” means a pool that is owned and operated by the governing body of a county or municipality.

(b) (1) Each county or municipality that owns or operates a swimming pool shall develop and implement an automated external defibrillator program that meets the requirements of § 13–517 of the Education Article for each swimming pool owned or operated by the county or municipality.

(2) The program required under paragraph (1) of this subsection shall include provisions that:

(i) ensure an automated external defibrillator is provided on–site; and

(ii) an individual trained in the operation and use of an automated external defibrillator is present at each swimming pool.

(c) The Maryland Department of Health and the Maryland Institute for Emergency Medical Services Systems jointly shall adopt regulations that:

(1) establish guidelines for periodic inspections and annual maintenance of the automated external defibrillators; and

(2) assist each county or municipality in carrying out the provisions of this section.
Md. Code, General Provisions § 1-202 — MD Code / Article ggp / Title 1 / Subtitle 2 / Section 1-202
§1–202.
Status: in_force

The singular includes the plural and the plural includes the singular.
Md. Code, Health Occupations § 1A-204 — MD Code / Article gho / Title 1A / Subtitle 2 / Section 1A-204
§1A–204.
Status: in_force

(a) A majority of the full authorized membership of the Board is a quorum.

(b) The Board shall meet at least once every 3 months, at the times and places that it determines.

(c) Each member of the Board is entitled to:

(1) Compensation in accordance with the budget of the Board; and

(2) Reimbursement for expenses at a rate determined by the Board.

(d) The Board may employ a staff in accordance with the State budget.
Md. Code, Commercial Law § 1-306 — MD Code / Article gcl / Title 1 / Subtitle 3 / Section 1-306
§1–306.
Status: in_force

A claim or right arising out of an alleged breach may be discharged in whole or in part without consideration by agreement of the aggrieved party in an authenticated record.
Md. Code, Health Occupations § 1A-102 — MD Code / Article gho / Title 1A / Subtitle 1 / Section 1A-102
§1A–102.
Status: in_force

(a) This title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.

(b) This title does not limit the right of a physician authorized under Title 14 of this article to perform acupuncture as it is defined in that title.

(c) This title does not limit a dentist licensed under Title 4 of this article who is authorized to perform acupuncture in connection with the practice of dentistry.

(d) This title does not limit a veterinarian licensed under the Agriculture Article who performs acupuncture on animals in connection with the practice of veterinary medicine.
Md. Code, Health Occupations § 1A-311 — MD Code / Article gho / Title 1A / Subtitle 3 / Section 1A-311
§1A–311.
Status: in_force

(a) Except as provided in this section for an action under § 1A–309 of this subtitle, any person aggrieved by a final decision of the Board in a contested case, as defined by the Administrative Procedure Act, may petition for judicial review as allowed by the Administrative Procedure Act.

(b) Any person aggrieved by a final decision of the Board under § 1A–309 of this subtitle may not appeal to the Secretary but may take a direct judicial appeal as provided by the Administrative Procedure Act.
Md. Code, Health Occupations § 1-218 — MD Code / Article gho / Title 1 / Subtitle 2 / Section 1-218
§1–218.
Status: in_force

Each health occupations board authorized to issue a license or certificate under this article shall collect racial and ethnic information about the applicant as part of the board’s licensing, certifying, or renewal process.
Md. Code, Alcoholic Beverages and Cannabis § 1-201 — MD Code / Article gab / Title 1 / Subtitle 2 / Section 1-201
§1–201.
Status: in_force

(a) (1) (i) To obtain respect and obedience to law and to foster and promote temperance, it is the policy of the State to regulate and control:

1. the manufacture, sale, distribution, transportation, and storage of alcoholic beverages in the State; and

2. the transportation and distribution of alcoholic beverages into and out of the State.

(ii) To carry out this policy in the best public interest, it is the intent of the General Assembly that the Commission, Executive Director, local licensing boards, liquor control boards, enforcement officers, and judges of the courts of the State be empowered to administer and enforce this article.

(2) It is also the policy of the State to:

(i) tax alcoholic beverages as provided in the Tax – General Article; and

(ii) deny to a political subdivision in the State, by public general or public local law, the power to impose a tax on distilled spirits, beer, wine, and all other alcoholic beverages.

(3) The restrictions, regulations, provisions, and penalties contained in this article are for the protection, health, welfare, and safety of the people of the State.

(b) (1) It continues to be the policy of the State to authorize the exercise of the powers provided by this article to displace or limit economic competition by regulating and engaging in the sale or distribution of alcoholic beverages to:

(i) obtain respect and obedience to law;

(ii) foster and promote temperance;

(iii) prevent deceptive, destructive, and unethical business practices; and

(iv) promote the general welfare of its residents by controlling the sale and distribution of alcoholic beverages.

(2) The officials and units granted powers by this article to regulate and engage in the alcoholic beverages industry may:

(i) displace or limit economic competition by regulating and engaging in the sale or distribution of alcoholic beverages on an exclusive basis as provided in this article; and

(ii) adopt and enforce regulations authorized by this article notwithstanding any anticompetitive effect.

(3) The powers granted to an official or a unit in accordance with this subsection do not:

(i) grant to the official or unit powers in any substantive area not otherwise granted to the official or unit by other public general or public local law;

(ii) restrict the official or unit from exercising any power granted to the official or unit by other public general or public local law or otherwise;

(iii) authorize the official or unit or officers of the unit to engage in any activity that is beyond their power under a public general or public local law or otherwise; or

(iv) preempt or supersede the regulatory authority of a State unit under a public general law.
Md. Code, Local Government § 1-1206 — MD Code / Article glg / Title 1 / Subtitle 12 / Section 1-1206
§1–1206.
Status: in_force

(a) In a proceeding before the District Court, a violation of this subtitle shall be prosecuted in the same manner and to the same extent as a municipal infraction under §§ 6–108 through 6–115 of this article.

(b) The governing body of the county in which the violation occurred may authorize the county attorney to prosecute a civil infraction under this subtitle.
Md. Code, Business Regulation § 1-303 — MD Code / Article gbr / Title 1 / Subtitle 3 / Section 1-303
§1–303.
Status: in_force

This subtitle does not diminish the authority of an officer of the State to allow the destruction of a business record.
Md. Code, Local Government § 1-1012 — MD Code / Article glg / Title 1 / Subtitle 10 / Section 1-1012
§1–1012.
Status: in_force

(a) As much as possible, the activities of the board shall be supported by the public, voluntary contributions, fees and charges, and payments from the State and federal government.

(b) To maintain an adequate level of medical and nursing care for aged, convalescent, and chronically ill individuals, the county commissioners or county council of a county may:

(1) make annual appropriations to support the operations of the board; and

(2) make appropriations or borrow funds for land acquisition and capital improvements and issue bonds, notes, or other evidence of indebtedness.
Md. Code, Criminal Procedure § 1-209 — MD Code / Article gcp / Title 1 / Subtitle 2 / Section 1-209
§1–209.
Status: in_force

(a) (1) In this section, “department” means:

(i) the Department of Agriculture;

(ii) the Department of the Environment;

(iii) the Maryland Department of Health;

(iv) the Department of Human Services;

(v) the Maryland Department of Labor; or

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

(2) “Department” includes any unit of a department specified in paragraph (1) of this subsection.

(b) This section does not apply to a person who was previously convicted of a crime of violence, as defined in § 14–101 of the Criminal Law Article.

(c) It is the policy of the State to encourage the employment of nonviolent ex–offenders and remove barriers to their ability to demonstrate fitness for occupational licenses or certifications required by the State.

(d) Except as provided in subsection (f) of this section, a department may not deny an occupational license or certificate to an applicant solely on the basis that the applicant has previously been convicted of a crime, unless the department determines that:

(1) there is a direct relationship between the applicant’s previous conviction and the specific occupational license or certificate sought; or

(2) the issuance of the license or certificate would involve an unreasonable risk to property or to the safety or welfare of specific individuals or the general public.

(e) In making the determination under subsection (d) of this section, the department shall consider:

(1) the policy of the State expressed in subsection (c) of this section;

(2) the specific duties and responsibilities required of a licensee or certificate holder;

(3) whether the applicant’s previous conviction has any impact on the applicant’s fitness or ability to perform the duties and responsibilities authorized by the license or certificate;

(4) the age of the applicant at the time of the conviction and the amount of time that has elapsed since the conviction;

(5) the seriousness of the offense for which the applicant was convicted;

(6) other information provided by the applicant or on the applicant’s behalf with regard to the applicant’s rehabilitation and good conduct; and

(7) the legitimate interest of the department in protecting property and the safety and welfare of specific individuals or the general public.

(f) (1) This subsection does not apply to a conviction of a crime for which registration on the sex offender registry is required under Title 11, Subtitle 7 of this article.

(2) If a period of 7 years or more has passed since an applicant completed serving the sentence for a crime, including all imprisonment, mandatory supervision, probation, and parole, and the applicant has not been charged with another crime other than a minor traffic violation, as defined in § 10–101 of this article, during that time, a department may not deny an occupational license or certificate to the applicant solely on the basis that the applicant was previously convicted of the crime.
Md. Code, Health Occupations § 1-602 — MD Code / Article gho / Title 1 / Subtitle 6 / Section 1-602
§1–602.
Status: in_force

(a) After consultation with the Secretary and to the extent permitted by existing administrative and fiscal resources, each health occupations board shall establish a disciplinary subcommittee.

(b) To the extent deemed practicable by each board, a disciplinary subcommittee shall:

(1) Be responsible for the investigation of complaints;

(2) Determine whether the health occupations board should bring charges against a licensee or certificate holder; and

(3) Participate in preadjudication case resolution conferences resulting from the charges.
Md. Code, General Provisions § 1-103.1 — MD Code / Article ggp / Title 1 / Subtitle 1 / Section 1-103.1
§1–103.
Status: in_force

§1–103.1.

“Armed forces” has the meaning stated in § 9–901 of the State Government Article.
Md. Code, Natural Resources § 1-706 — MD Code / Article gnr / Title 1 / Subtitle 7 / Section 1-706
§1–706.
Status: in_force

(a) On or before September 30 of each year, the Secretary shall submit a report to the General Assembly, pursuant to § 2–1257 of the State Government Article, on the administration of the Chesapeake Bay and Endangered Species Fund.

(b) The report required under subsection (a) of this section shall include:

(1) The gross amount of donations to the Fund;

(2) The costs of administration by the Comptroller of the income tax checkoff system;

(3) A description of promotional efforts undertaken with money from the Fund; and

(4) A detailed accounting of the use of the Fund:

(i) By the Chesapeake Bay Trust; and

(ii) For wildlife conservation.
Md. Code, Agriculture § 1-302 — MD Code / Article gag / Title 1 / Subtitle 3 / Section 1-302
§1–302.
Status: in_force

(a) A consignee of a farm product of a person in the State shall require the purchaser of the farm product to deposit with the consignee at the time of sale the full market value, as determined by the consignee, of each container used to hold and transport the farm product.

(b) If the purchaser returns the container to the consignee within 5 days in the same condition as the purchaser originally received it, the consignee shall refund the deposit to the purchaser.

(c) If the purchaser fails to return the container to the consignee within 5 days, the purchaser forfeits the right to the return of the deposit and the consignee shall pay the deposit to the owner of the container at the next settlement of accounts.
Md. Code, Environment § 1-804 — MD Code / Article gen / Title 1 / Subtitle 8 / Section 1-804
§1–804.
Status: in_force

(a) An environmental covenant that complies with this subtitle runs with the land.

(b) An environmental covenant that is otherwise effective is valid and enforceable even if:

(1) It is not appurtenant to an interest in real property;

(2) It can be or has been assigned to a person other than the original holder;

(3) It is not of a character that has been recognized traditionally at common law;

(4) It imposes a negative burden;

(5) It imposes an affirmative obligation on a person having an interest in the real property or on the holder;

(6) The benefit or burden does not touch or concern real property;

(7) There is no privity of estate or contract;

(8) The holder dies, ceases to exist, resigns, or is replaced; or

(9) The owner of an interest subject to the environmental covenant and the holder are the same person.

(c) An instrument that creates restrictions or obligations with respect to real property that would qualify as activity and use limitations except for the fact that the instrument was recorded before October 1, 2005, is not invalid or unenforceable because of any of the limitations on enforcement of interests described in subsection (b) of this section or because it was identified as an easement, servitude, deed restriction, or other interest. This subtitle does not apply in any other respect to such an instrument.

(d) This subtitle does not invalidate or render unenforceable any interest, whether designated as an environmental covenant or other interest, that is otherwise enforceable under state law.
Md. Code, Natural Resources § 1-104 — MD Code / Article gnr / Title 1 / Subtitle 1 / Section 1-104
§1–104.
Status: in_force

(a) The Secretary is responsible for the development of coordinated policies for the preservation, conservation, enhancement, wise use, and perpetuation of the natural resources of the State. He is responsible for the efficient coordination of all the natural resources activities of the State including the settlement of conflicts that may arise among units within the Department of Natural Resources. In the discharge of his responsibility the Secretary shall:

(1) Provide a forum of communication among natural resources units and a source of information for the Governor and General Assembly as to the preservation, conservation, development, and use of all the State’s natural resources;

(2) Study and evaluate any plan, program, or activity or any combination of plans, programs, or activities within one or more of the units of the Department, and recommend any legislative, budgetary, or administrative changes to provide more effective administration, clarify responsibilities, terminate obsolete programs, establish desirable programs, or alter or amend programs to meet changed or changing conditions;

(3) Review federal statutes, policies, programs, and activities which affect or may affect natural resources in the State and recommend to federal, State, and local agencies and institutions procedures for the coordination of these programs;

(4) Study the natural resources activities of the subdivisions of the State and recommend procedures for coordination of the natural resources activities of the State and its subdivisions;

(5) Maintain a catalog classified by use, of public land acquired or used in the preservation, conservation, development, management, or enjoyment of the natural resources; review and approve all plans and proposals of the units of the Department for the acquisition of additional land for such purposes, taking into account public land owned and managed for identical or similar purposes by federal agencies and by counties, municipalities, and other political subdivisions of the State;

(6) Establish and maintain, for the use of the Department, a natural resources library, cataloged according to a recognized library system and containing legal, scientific, and administrative reports, books, documents, photographs, records, and other information on the natural resources and natural resources administration; and

(7) Provide technical assistance to other State units, counties, municipalities, corporations, organizations, groups, and individuals in planning, organizing, and conducting leisure activities and recreation programs.

(b) The Secretary shall represent the Department at hearings or meetings of the Congress of the United States and the General Assembly of Maryland, State and interstate conferences, and at local meetings or hearings pertaining to any matter of concern to the Department.

(c) The Secretary may transfer, assign or reassign any function or activity of any unit within the Department, together with the staff, funds and equipment associated with that function or activity, either to the office of the Secretary or to any other unit within the Secretary’s jurisdiction, in order to increase efficiency and economy in administering natural resources in the State. Whenever the Secretary believes any transfer of function or activity renders misleading or inadequate the name of any unit within the Department as enumerated in § 1-102 of this subtitle, he, with the Governor’s approval, may assign a new name or names to the affected unit. If this is done, the Secretary shall cause to be submitted to the next ensuing session of the General Assembly a legislative proposal for appropriate amendment of § 1-102 of this subtitle.

(d) The Secretary shall publish books, pamphlets, maps, and other materials on the subject of natural resources and encourage and assist the Department’s units in the preparation of these materials for publication. He shall maintain a supply of the publications and other materials for sale at cost to schools, libraries, and the general public, and establish policies for the Department on the gratuitous distribution of publications issued by the Department and its member units.

(e) The Secretary shall publish for calendar year 2015 and each subsequent calendar year a report which shall include, but not be limited to, the following:

(1) A review of studies, deliberations, conclusions, and recommendations of the Department;

(2) The annual reports submitted by the separate units within the Department which shall be edited by the Secretary’s staff; and

(3) A review of other natural resources activities of interest or concern to the State and its citizens.

(f) Every unit in the Department shall report to the Secretary as provided in the rules and regulations promulgated by the Secretary.

(g) The Secretary is responsible for promulgating rules and regulations for the Department. He shall review and have the power to approve, disapprove, issue, or revise the rules and regulations of every unit of the Department.

(h) (1) The authority, powers, duties, and functions granted to the Secretary or the Department shall be exercised and performed by the Secretary or by any unit or official within the Department designated by the Secretary.

(2) (i) The Secretary may delegate to a person the authority to issue licenses pertaining to fishing or hunting.

(ii) The Secretary may not delegate the authority to issue a fishing or hunting license to a clerk of a circuit court.

(i) The office of Secretary of Natural Resources shall have a seal for purposes of authentication of copies of records or papers in his office.

(j) The Secretary may exercise or perform any power, duty, responsibility, or function which any of the following units, or their successors, may exercise or perform: the Maryland Geological Survey, the Wildlife Administration, the Natural Resources Police Force, the Forest and Park Service, the Water Resource Administration, the Energy Administration, and the Tidewater Administration.

(k) At least 45 days before the Department seeks approval by the Board of Public Works of the purchase of any interest in land for which the State contribution to the purchase exceeds $2,000,000, the Secretary shall provide the Senate Budget and Taxation Committee and the House Appropriations Committee with:

(1) A description of the proposed purchase;

(2) A description of the interest the Department will hold in the property; and

(3) A listing of the proposed sources of money to be used for the purchase.

(l) For fiscal year 2007, the Governor shall include in the annual budget bill submitted to the General Assembly an appropriation in an amount equal to at least $88,000 for the Department to maintain a natural resources library as required under subsection (a)(6) of this section.
Md. Code, Criminal Law § 1-101 — MD Code / Article gcr / Title 1 / Subtitle 1 / Section 1-101
§1–101.
Status: in_force

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

(b) “Correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article.

(c) “Counterfeit” means to forge, counterfeit, materially alter, or falsely make.

(d) “County” means a county of the State or Baltimore City.

(e) “Incarcerated individual” has the meaning stated in § 1–101 of the Correctional Services Article.

(f) “Local correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article.

(g) “Minor” means an individual under the age of 18 years.

(h) “Person” means an individual, sole proprietorship, partnership, firm, association, corporation, or other entity.

(i) “State” means:

(1) a state, possession, territory, or commonwealth of the United States; or

(2) the District of Columbia.

(j) “State correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article.

(k) “Veteran” has the meaning stated in § 9–901 of the State Government Article.
Md. Code, Local Government § 1-1412 — MD Code / Article glg / Title 1 / Subtitle 14 / Section 1-1412
§1–1412.
Status: in_force

(a) Property held by an authority shall be inventoried and classified according to title status and suitability for use.

(b) A clerk of the court may not charge a fee to record a document evidencing the transfer under this subtitle of property to the authority by the State or a local government.
Md. Code, Land Use § 1-504 — MD Code / Article glu / Title 1 / Subtitle 5 / Section 1-504
§1–504.
Status: in_force

After adoption of the growth tiers, the local jurisdiction shall provide to the Department of Planning all information necessary to demonstrate the precise location of the tiers, including, as appropriate:

(1) a map of the area showing planning and zoning characteristics of each tier; and

(2) existing and planned water and sewer services.
Md. Code, Local Government § 1-901 — MD Code / Article glg / Title 1 / Subtitle 9 / Section 1-901
§1–901.
Status: in_force

The governing body of a county or a municipality may provide materials, services, or other assistance to another political subdivision for a public purpose and for mutual benefit.
Md. Code, Local Government § 1-1407 — MD Code / Article glg / Title 1 / Subtitle 14 / Section 1-1407
§1–1407.
Status: in_force

An authority may:

(1) employ staff and retain consultants; and

(2) set their compensation.
Md. Code, Family Law § 1-201 — MD Code / Article gfl / Title 1 / Subtitle 2 / Section 1-201
§1–201.
Status: in_force

(a) For the purposes of subsection (b)(10) of this section, “child” means an unmarried individual under the age of 21 years.

(b) An equity court has jurisdiction over:

(1) adoption of a child, except for a child who is under the jurisdiction of any juvenile court and who previously has been adjudicated to be a child in need of assistance;

(2) alimony;

(3) annulment of a marriage;

(4) divorce;

(5) custody or guardianship of a child except for a child who is under the jurisdiction of any juvenile court and who previously has been adjudicated to be a child in need of assistance;

(6) visitation of a child;

(7) legitimation of a child;

(8) paternity;

(9) support of a child;

(10) custody or guardianship of an immigrant child pursuant to a motion for Special Immigrant Juvenile factual findings requesting a determination that the child was abused, neglected, or abandoned before the age of 18 years for purposes of § 101(a)(27)(J) of the federal Immigration and Nationality Act; and

(11) a petition for authorization for a minor to marry.

(c) In exercising its jurisdiction over the custody, guardianship, visitation, or support of a child, an equity court may:

(1) direct who shall have the custody or guardianship of a child, pendente lite or permanently;

(2) determine who shall have visitation rights to a child;

(3) decide who shall be charged with the support of the child, pendente lite or permanently;

(4) from time to time, set aside or modify its decree or order concerning the child; or

(5) issue an injunction to protect a party to the action from physical harm or harassment.

(d) This section does not take away or impair the jurisdiction of a juvenile court or a criminal court with respect to the custody, guardianship, visitation, and support of a child.
Md. Code, Criminal Law § 1-201 — MD Code / Article gcr / Title 1 / Subtitle 2 / Section 1-201
§1–201.
Status: in_force

The punishment of a person who is convicted of an attempt to commit a crime may not exceed the maximum punishment for the crime attempted.
Md. Code, Financial Institutions § 1-302 — MD Code / Article gfi / Title 1 / Subtitle 3 / Section 1-302
§1–302.
Status: in_force

Except as otherwise expressly provided in this subtitle, a fiduciary institution, its officers, employees, agents, and directors:

(1) May not disclose to any person any financial record relating to a customer of the institution unless:

(i) The customer has authorized the disclosure to that person;

(ii) Proceedings have been instituted for appointment of a guardian of the property or of the person of the customer, and court–appointed counsel presents to the fiduciary institution an order of appointment or a certified copy of the order issued by or under the direction or supervision of the court or an officer of the court;

(iii) The customer is disabled and a guardian is appointed or qualified by a court, and the guardian presents to the fiduciary institution an order of appointment or a certified copy of the order issued by or under the direction or supervision of the court or an officer of the court;

(iv) The customer is deceased and a personal representative is appointed or qualified by a court, and the personal representative presents to the fiduciary institution letters of administration issued by or under the direction or supervision of the court or an officer of the court;

(v) The Department of Human Services requests the financial record in the course of verifying the individual’s eligibility for public assistance;

(vi) The institution received a request for the customer’s information directly from an adult protective services program in a local department of social services that, under Title 14 of the Family Law Article, is investigating suspected financial abuse or financial exploitation of the customer;

(vii) The institution received a request, notice, or subpoena for information directly from the Child Support Administration of the Department of Human Services under § 10–108.2, § 10–108.3, or § 10–108.5 of the Family Law Article or indirectly through the Federal Parent Locator Service under 42 U.S.C. § 666(a)(17); or

(viii) The institution received a request, notice, or subpoena for information directly from the Comptroller under § 13–804 or § 13–812 of the Tax – General Article;

(2) Shall disclose any information requested in writing by the Department of Human Services relative to money held in a savings deposit, time deposit, demand deposit, or any other deposit held by the fiduciary institution in the name of the individual who is a recipient or applicant for public assistance;

(3) Shall disclose any information from a specified period of time that is requested in writing by an adult protective services program in a local department of social services relative to any deposit account, loan, or other financial service provided by the fiduciary institution to an individual who is being investigated under Title 14 of the Family Law Article as a suspected victim of financial abuse or financial exploitation; and

(4) Shall disclose any information requested in writing by the Comptroller relative to money held in a savings deposit, time deposit, demand deposit, or any other deposit held by the fiduciary institution in the name of an individual whose property is subject to a tax lien.
Md. Code, Natural Resources § 1-2A-01 — MD Code / Article gnr / Title 1 / Subtitle 2A / Section 1-2A-01
§1–2A–01.
Status: in_force

(a) Unless otherwise provided by law, the Department shall maintain custody of any abandoned, lost, or seized personal property that comes into the custody of the Department until the Department determines that the custody by the Department is not necessary to any investigation or prosecution.

(b) Unless otherwise provided by law, after a determination described under subsection (a) of this section, the Department shall return abandoned, lost, or seized personal property to the person who:

(1) Establishes the person’s right to possession of the abandoned, lost, or seized personal property; and

(2) Gives a proper receipt for the abandoned, lost, or seized personal property.

(c) (1) Unless otherwise provided by law, if abandoned, lost, or seized personal property is in the custody of the Department for 6 months or custody by the Department is not necessary to any investigation or prosecution, the Department shall give notice by certified mail to the last known address of the person entitled to possession, if known.

(2) Unless otherwise provided by law, if the person entitled to possession of the abandoned, lost, or seized personal property fails to respond to the notice described under this subsection within 30 days from the date the notice is mailed, the Department may dispose of the property in the best interest of the State.
Md. Code, Health Occupations § 1A-303 — MD Code / Article gho / Title 1A / Subtitle 3 / Section 1A-303
§1A–303.
Status: in_force

To apply for a license, an applicant shall:

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

(2) Pay to the Board the application fee set by the Board.
Md. Code, Business Regulation § 1-403 — MD Code / Article gbr / Title 1 / Subtitle 4 / Section 1-403
§1–403.
Status: in_force

The Secretary of State shall keep a public record of the marks registered under this subtitle.
Md. Code, Natural Resources § 1-705 — MD Code / Article gnr / Title 1 / Subtitle 7 / Section 1-705
§1–705.
Status: in_force

(a) The Secretary shall use the funds credited to the endangered species account under § 1-703 of this subtitle only to promote the conservation, propagation, and habitat protection of nongame, threatened or endangered species, including:

(1) The acquisition, through absolute purchase or the purchase of easements, of habitats necessary to conserve, protect, or propagate nongame, threatened or endangered species;

(2) The monitoring, surveying, and protection of nest sites of bald eagles, Delmarva fox squirrels, peregrine falcons, and piping plovers;

(3) The promotion of voluntary protection of habitat for threatened and endangered species by monitoring information and management assistance to private landowners;

(4) The initiation of surveys and recovery programs, including habitat restoration or protection, for other threatened or endangered species;

(5) The protection of threatened or endangered species in natural heritage areas identified under the Natural Heritage Program;

(6) The surveying of nongame birds, mammals, reptiles, and amphibians not currently receiving review, particularly those species whose population status is questionable, such as the bog turtle;

(7) The development and implementation of an urban wildlife program to provide individuals in urban and suburban areas the opportunity to observe wildlife; and

(8) The development and implementation of a public education and information program to educate the public and school children about wildlife and habitat conservation.

(b) (1) In developing the wildlife conservation programs under this section, the Secretary shall solicit the advice of the Threatened and Endangered Species Committee established in the Department.

(2) The Secretary shall obtain recommendations from the Natural Heritage Program in the Department as to implementation of threatened and endangered species conservation programs under this section.
Md. Code, Environment § 1-204 — MD Code / Article gen / Title 1 / Subtitle 2 / Section 1-204
§1–204.
Status: in_force

Notwithstanding any other provision to the contrary in this article, service of show cause orders, complaints, corrective orders, notices, or any other instrument issued by the Department under this article for which service is required may be achieved by any method allowed for service of a summons under the Maryland Rules.
Md. Code, Health - General § 1-101 — MD Code / Article ghg / Title 1 / Subtitle 1 / Section 1-101
§1–101.
Status: in_force

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

(a–1) “Active service member” has the meaning stated in § 9–901 of the State Government Article.

(b) “County” means a county of this State and, unless expressly provided otherwise, Baltimore City.

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

(d) “Domestic partner” means an individual who meets the requirements of § 6–101 of this article.

(e) “Health officer” means, unless expressly provided otherwise, the Baltimore City Commissioner of Health or the health officer of a county.

(f) “Includes” or “including” means includes or including by way of illustration and not by way of limitation.

(g) “Local health planning agency” means the health department of a jurisdiction or a body designated by the local health department to perform health planning functions.

(h) “Medical examiner” means:

(1) The Chief Medical Examiner;

(2) The Deputy Chief Medical Examiner;

(3) Any assistant medical examiner; or

(4) Any deputy medical examiner.

(i) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, association, corporation, or other entity.

(j) “Physician” means an individual who is authorized under the Maryland Medical Practice Act to practice medicine in this State.

(k) “Secretary” means the Secretary of Health.

(k–1) “Service member” has the meaning stated in § 9–901 of the State Government Article.

(l) “State” means:

(1) A state, possession, or territory of the United States;

(2) The District of Columbia; or

(3) The Commonwealth of Puerto Rico.

(m) “Uniformed services” has the meaning stated in § 9–901 of the State Government Article.

(n) “Veteran” has the meaning stated in § 9–901 of the State Government Article.
Md. Code, Tax - Property § 1-101 — MD Code / Article gtp / Title 1 / Subtitle 1 / Section 1-101
§1–101.
Status: in_force

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

(a–1) “Active duty” has the meaning stated in § 9–901 of the State Government Article.

(a–2) “Active service member” has the meaning stated in § 9–901 of the State Government Article.

(b) “Assess” means:

(1) for real property, to determine the phased–in full cash value or use value to which the property tax rate may be applied; and

(2) for personal property, to determine the value to which the property tax rate may be applied.

(c) “Assessment” means:

(1) for real property, the phased–in full cash value or use value to which the property tax rate may be applied; and

(2) for personal property, the value to which the property tax rate may be applied.

(d) “Assessment roll” means the official listing of assessments of property required under § 2–202(3) of this article.

(e) “Collector” includes an officer of a county or municipal corporation who has a duty to collect or remit taxes.

(f) (1) “Corporation” includes an association or joint–stock company.

(2) “Corporation” does not include a common trust fund as defined in § 3–501(b) of the Financial Institutions Article.

(g) “County” means a county of the State and, unless expressly provided otherwise, Baltimore City.

(h) (1) “County property tax” means the tax on property that is authorized under §§ 6–202 and 10–102 through 10–105 of this article.

(2) “County property tax” does not include a tax imposed on property specifically benefited by local improvements.

(i) “Date of finality” means January 1, when assessments become final for the taxable year next following.

(j) (1) “Department” means the State Department of Assessments and Taxation.

(2) “Department” includes, unless the context requires otherwise, a supervisor.

(k) “Director” means the Director of the State Department of Assessments and Taxation.

(l) “Domestic corporation” means a corporation organized under the laws of the State.

(m) “Foreign corporation” means a corporation organized under the laws of the United States, a foreign country, or another state.

(n) “Governing body” means:

(1) for Baltimore City, unless otherwise provided, the Board of Estimates;

(2) for charter counties, as provided by local law, the county council or the county executive and the county council;

(3) for code counties, the county commissioners or county council;

(4) for county commissioner counties, the county commissioners; and

(5) for municipal corporations, the body provided by municipal charter.

(o) “Includes” or “including” means includes or including by way of illustration and not by way of limitation.

(p) “Internal Revenue Code” means Title 26 of the United States Code.

(q) “Law” includes any enactment, order, resolution, or ordinance of a county or municipal corporation.

(r) (1) “Manufacturing” means the process of substantially transforming, or a substantial step in the process of substantially transforming, tangible personal property into a new and different article of tangible personal property by use of labor or machinery.

(2) “Manufacturing” includes:

(i) the operation of sawmills, grain mills, or feed mills;

(ii) the operation of machinery and equipment used to extract and process minerals, metals, or earthen materials or by–products that result from the extracting or processing;

(iii) research and development activities, whether or not the company has a product for sale;

(iv) the identification, design, or genetic engineering of biological materials for research or manufacture; and

(v) the design, development, or creation of computer software for sale, lease, or license.

(3) “Manufacturing” does not include:

(i) activities that are primarily a service;

(ii) activities that are intellectual, artistic, or clerical in nature;

(iii) public utility services, including telephone, gas, electric, water, and steam production services; or

(iv) any other activity that would not commonly be considered as manufacturing.

(s) “Municipal corporation” means an entity that is subject to Article XI–E of the Maryland Constitution.

(t) (1) “Municipal corporation property tax” means the tax on property authorized under §§ 6–203 and 10–102 through 10–105 of this article.

(2) “Municipal corporation property tax” does not include a tax imposed on property specifically benefited by local improvements.

(u) “Operating land” means any land used to operate a railroad or public utility.

(v) (1) “Operating personal property” includes any property, other than real property, used to operate a railroad or public utility.

(2) For a public utility, “operating personal property” includes cables, lines, poles, and towers.

(w) (1) “Operating property” means any property used to operate a railroad or public utility.

(2) “Operating property” includes operating real property and operating personal property.

(x) “Operating real property” includes any real property used to operate a railroad or public utility.

(y) (1) “Operating unit” means, as determined by the Department, all of the operating property of a railroad or a public utility.

(2) “Operating unit” includes operating property that is located outside of the State.

(3) “Operating unit” does not include more than 1 railroad or public utility for which separate accounts are kept, unless the Department finds that:

(i) the accounts are under the same or commonly controlled management; and

(ii) the inclusion is necessary to determine the value of the operating property.

(z) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, or representative of any kind and any partnership, firm, corporation, or other entity.

(aa) “Principal office of a domestic corporation” means:

(1) the office in the State where the business of the corporation is directed and managed;

(2) if there is no office in the State where the business is directed and managed, the place in the State where the principal business of the corporation in the State is transacted; or

(3) if there is no office or place that meets the requirements of item (1) or (2) of this subsection, the principal office named in the corporation charter or reported to the Department.

(bb) “Principal office of a foreign corporation in the State” means the place in the State where the principal business or operation of the corporation in the State is carried on.

(cc) “Property” means real property and personal property.

(dd) “Property tax” means the property tax imposed by:

(1) the State;

(2) a county; or

(3) a municipal corporation.

(ee) (1) “Public utility” means a company classified by the Department as a public utility under § 8–109 of this article.

(2) “Public utility” includes:

(i) an electric company;

(ii) a gas company;

(iii) a pipeline company;

(iv) a sewage disposal company;

(v) a steam heating company;

(vi) a telephone company; and

(vii) a water company.

(3) “Public utility” does not include:

(i) a cable television company;

(ii) a cellular telephone company;

(iii) a cogenerator;

(iv) an exempt wholesale generator;

(v) an independent power producer;

(vi) a small power producer; or

(vii) a utility owned by a county or municipal corporation.

(ff) “Quarterly date of finality” means the April 1 or October 1 when assessments may be made for real property that becomes assessable up to that time and after the last date of finality or semiannual date of finality.

(gg) (1) “Real property” means any land or improvements to land.

(2) “Real property” includes:

(i) a leasehold or other limited interest in real property; and

(ii) an easement.

(hh) (1) “Research and development” means:

(i) basic and applied research in the sciences and engineering; and

(ii) the design, development, and governmentally required premarket testing of prototypes, products, and processes.

(2) “Research and development” does not include:

(i) market research;

(ii) research in the social sciences, psychology, or other nontechnical activities;

(iii) routine product testing;

(iv) sales services;

(v) technical and nontechnical services; or

(vi) research and development of a public utility.

(hh–1) “Reserve component” has the meaning stated in § 9–901 of the State Government Article.

(ii) “Resident of the State” includes a domestic corporation.

(jj) “Semiannual date of finality” means July 1, when assessments may be made for real property that becomes assessable after the immediately preceding date of finality or quarterly date of finality.

(jj–1) “Service member” has the meaning stated in § 9–901 of the State Government Article.

(kk) “State” means:

(1) a state, possession, or territory of the United States;

(2) the District of Columbia; or

(3) the Commonwealth of Puerto Rico.

(ll) “State property tax” means the tax imposed on property under § 6–201 of this article and authorized under §§ 10–102 and 10–103 of this article.

(mm) “Supervisor” means the supervisor of assessments for a county.

(nn) “Tax roll” means the assessment roll to which the property tax rate has been applied and on which the property tax on each property is shown.

(oo) “Taxable year” means July 1 to June 30, both inclusive, for which the State, each county, municipal corporation, and taxing district of the State computes, imposes, and collects property tax.

(oo–1) “Uniformed services” has the meaning stated in § 9–901 of the State Government Article.

(pp) “Valuation” means the process of determining the value of property.

(qq) “Value” means the full cash value of property.

(rr) “Veteran” has the meaning stated in § 9–901 of the State Government Article.
Md. Code, Tax - Property § 1-301 — MD Code / Article gtp / Title 1 / Subtitle 3 / Section 1-301
§1–301.
Status: in_force

(a) In this section, “tax information” means:

(1) the amount of income or any particulars disclosed in any return required under any provision of law of this State if the return contains federal return information;

(2) the amount of income or any particulars disclosed in any application required under § 9-104 of this article; or

(3) any federal return information required to be attached to or included in a return of this State or to any application required under § 9-104 of this article.

(b) An officer, employee, former officer, or former employee of the State or any political subdivision of the State may not make known, in any manner, any tax information, except:

(1) in accordance with proper judicial or legislative order; and

(2) to an officer of the State or of any political subdivision of the State who by reason of the office has a right to tax information.
Md. Code, Health Occupations § 1-706 — MD Code / Article gho / Title 1 / Subtitle 7 / Section 1-706
§1–706.
Status: in_force

Each health occupations board may adopt regulations to carry out this subtitle.
Md. Code, Environment § 1-305 — MD Code / Article gen / Title 1 / Subtitle 3 / Section 1-305
§1–305.
Status: reserved

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

(2) “Alleged violation” means an alleged violation of any requirement in this article or any regulation authorized by a provision of this article, including federal requirements and standards delegated to the State.

(3) “Complaint” means a complaint regarding an alleged violation of any air or water quality requirement in this article or any air or water quality regulation authorized by a provision of this article, including federal requirements and standards delegated to the State.

(b) This section applies only to:

(1) Beginning October 1, 2021, water quality programs within the Department’s Water and Science Administration that are tracked through the Department’s Environmental Tracking System or a comparable database; and

(2) Beginning June 30, 2022:

(i) Water quality programs within the Department’s Land and Materials Administration that are tracked through the Department’s Environmental Tracking System or a comparable database; and

(ii) Air quality programs within the Department’s Air and Radiation Administration that are tracked through the Department’s Environmental Tracking System or a comparable database.

(c) The Department shall:

(1) Receive and process complaints that involve alleged violations;

(2) Keep an electronic record of each complaint that is received under this section for 10 years, including information on:

(i) The county in which the alleged violation occurred; and

(ii) Which administration within the Department is authorized to enforce the alleged violation; and

(3) Maintain and update, on at least a quarterly basis, a list of:

(i) New complaints that have been received by the Department that involve alleged violations, including information on:

1. The county in which the alleged violation occurred; and

2. Which administration within the Department is authorized to enforce the alleged violation;

(ii) Complaints that remain open; and

(iii) Complaints that have been closed.

(d) On at least a monthly basis, the Department shall update and publish on its website a list of legal settlements finalized by the Department that involve violations, including information on:

(1) The date a settlement was finalized;

(2) The relevant law or regulation that is the basis of the violation;

(3) Which administration within the Department is authorized to enforce the violation;

(4) The name of the site or regulated entity and the location of the site at issue;

(5) The amount of any penalty assessed;

(6) A description of the violation; and

(7) A link to a downloadable document containing the final settlement agreement.

(e) The Department shall develop and maintain a website to provide:

(1) A list of each complaint received by the Department that includes only:

(i) The date on which the complaint was submitted;

(ii) The county in which the alleged violation occurred;

(iii) Which administration within the Department is authorized to enforce the alleged violation;

(iv) Any complaint or case identification number; and

(v) If a complaint has been closed, the date on which the complaint was closed;

(2) A list of each inspection that has been conducted by the Department during the immediately preceding 365 days under the authority of a State or federal law or regulation related to managing or protecting the environment that includes only:

(i) The name of the site or regulated entity;

(ii) The county and, if readily available, the zip code in which the inspection occurred;

(iii) If applicable, the permit number associated with the site;

(iv) Any inspection identification number;

(v) Whether the site is in compliance or whether any additional investigation is necessary;

(vi) The status of the inspection; and

(vii) The media basis for the inspection;

(3) An electronic link or other means of downloading a digital copy, if readily available, of an inspection report that includes information that is listed under item (2) of this subsection if the information is maintained by the Department in the Environmental Tracking System or a comparable database;

(4) A list of each enforcement action that has been initiated by the Department during the immediately preceding 365 days under the authority of a State or federal law or regulation related to protecting or managing the environment that includes only:

(i) Whether any penalties were imposed and the amount of the penalties collected;

(ii) Whether any orders were issued;

(iii) Whether the case was referred for prosecution or further enforcement action;

(iv) Whether compliance assistance was rendered;

(v) The county and, if readily available, the zip code in which the enforcement action occurred;

(vi) The enforcement action identification number;

(vii) If applicable, the permit number; and

(viii) Which administration within the Department carried out the enforcement action;

(5) A list of each violation discovered within the immediately preceding 365 days that the Department has deemed “significant noncompliance” or a “high–priority violation” that includes only:

(i) The date on which the violation was identified as “significant noncompliance” or a “high–priority violation”;

(ii) The date on which the site or regulated entity regained compliance, if applicable;

(iii) The county and, if readily available, the zip code in which the violation occurred;

(iv) Whether any enforcement action has been initiated or corrective action requested; and

(v) Which administration within the Department is authorized to enforce the violation;

(6) A list of all expired and administratively continued environmental permits subject to this section, including information on:

(i) The name of the permittee;

(ii) The expiration date of the permit;

(iii) The permit number;

(iv) The county and, if readily available, the zip code in which the site or regulated entity is located; and

(v) Any information on the status of the permit renewal process, including whether an application to renew the permit has been submitted and whether the permit is deemed to be expired or administratively continued;

(7) All information required to be posted on the Department’s website in accordance with § 4–802 of this article; and

(8) A list of each sewage overflow incident in the State, including information on:

(i) The location of the sewage overflow;

(ii) The entity from which the sewage overflow originated; and

(iii) Whether the sewage was treated or raw sewage.

(f) The information posted on the website in accordance with subsections (d) and (e) of this section shall be:

(1) Kept for at least 10 years;

(2) Updated on at least a monthly basis; and

(3) Maintained in a database format to ensure that the information is searchable by category of information.
Md. Code, Transportation § 1-101 — MD Code / Article gtr / Title 1 / Subtitle 1 / Section 1-101
§1–101.
Status: reserved

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

(b) Repealed.

(c) “Any state” means:

(1) Any state, possession, or territory of the United States;

(2) The District of Columbia; and

(3) The Commonwealth of Puerto Rico.

(d) “Consolidated Transportation Program” means the document described in § 2-103.1 of this article.

(e) “County” means a county of this State and Baltimore City.

(f) “Department” means the State Department of Transportation and includes the Office of the Secretary and the modal administrations.

(g) “Includes” or “including” means, unless the context clearly requires otherwise, includes or including by way of illustration and not by way of limitation.

(h) “Maryland Transportation Plan” means the document described in § 2-103.1 of this article.

(i) “Modal administration” means any of the following:

(1) The State Aviation Administration;

(2) The Maryland Port Administration;

(3) The Maryland Transit Administration;

(4) The State Highway Administration; or

(5) The Motor Vehicle Administration.

(j) “Person” includes:

(1) An individual, receiver, trustee, guardian, executor, administrator, fiduciary, or representative of any kind and any partnership, firm, association, public or private corporation, or other entity; and

(2) Unless the context requires otherwise, this State, any county, municipal corporation, or other political subdivision of this State, and any of their agencies or units.

(k) “Political subdivision” includes:

(1) Any county or municipal corporation; and

(2) Unless the context requires otherwise, any special taxing district.

(l) “Property” means any real or personal property or any interest in real or personal property, and includes any franchise or easement.

(m) “Secretary” means the State Secretary of Transportation.

(n) “State Report on Transportation” means the report described in § 2-103.1 of this article.
Md. Code, Health Occupations § 1A-205 — MD Code / Article gho / Title 1A / Subtitle 2 / Section 1A-205
§1A–205.
Status: in_force

(a) In addition to the powers set forth elsewhere in this title, the Board may adopt:

(1) Regulations to carry out the provisions of this title; and

(2) A code of ethics for licensees.

(b) In addition to the duties set forth elsewhere in this title, the Board shall keep:

(1) Records and minutes necessary for the orderly conduct of business; and

(2) A list of each currently licensed acupuncturist.

(c) In addition to the duties set forth elsewhere in this title, the Board shall investigate any alleged violation of this title.
Md. Code, Courts and Judicial Proceedings § 1-706 — MD Code / Article gcj / Title 1 / Subtitle 7 / Section 1-706
§1–706.
Status: in_force

(a) A judge is entitled to mileage, at the rate for State employees, for officially authorized travel outside his county of residence on judicial business. He is also entitled to reimbursement for reasonable costs of meals, lodging, and other expenses actually incurred with the officially authorized travel in accordance with provisions of the State joint travel regulations provided that such reimbursement is approved by the judge authorizing the travel and provided for in the State budget.

(b) Reimbursable expenses actually incurred by a circuit court judge in connection with his duties, other than the expenses described in subsection (a) of this section, shall be paid by the political subdivision in which the circuit court judge resides, as provided in that subdivision’s budget, and as first approved by the State Administrative Office of the Courts.
Md. Code, Business Regulation § 1-407 — MD Code / Article gbr / Title 1 / Subtitle 4 / Section 1-407
§1–407.
Status: in_force

(a) Before denying registration of a mark, the Secretary of State shall give the applicant an opportunity for an informal hearing before the Secretary of State or the Secretary’s designee.

(b) The denial of registration of a mark is not a contested case under Title 10, Subtitle 2 of the State Government Article.
Md. Code, Health Occupations § 1-503 — MD Code / Article gho / Title 1 / Subtitle 5 / Section 1-503
§1–503.
Status: in_force

The protection provided against a violation of § 1-502 of this subtitle shall only apply if:

(1) The employee has a reasonable, good faith belief that the employer has, or still is, engaged in an activity, policy, or practice that is in violation of a law, rule, or regulation;

(2) The employer’s activity, policy, or practice that is the subject of the employee’s disclosure poses a substantial and specific danger to the public health or safety; and

(3) Before reporting to the board:

(i) The employee has reported the activity, policy, or practice to a supervisor or administrator of the employer in writing and afforded the employer a reasonable opportunity to correct the activity, policy, or practice; or

(ii) If the employer has a corporate compliance plan specifying who to notify of an alleged violation of a rule, law, or regulation, the employee has followed the plan.
Md. Code, General Provisions § 1-404 — MD Code / Article ggp / Title 1 / Subtitle 4 / Section 1-404
§1–404.
Status: in_force

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

(2) “Delivery by electronic means” means the delivery of a notice or communication by a unit to an e–mail address at which an individual has consented to receive notices or communications from the unit.

(3) “Disabled person” has the meaning stated in § 13–101 of the Estates and Trusts Article.

(4) “Guardian of the person” means a guardian of the person of a disabled person appointed under Title 13, Subtitle 7, Part II of the Estates and Trusts Article.

(5) “Unit” means an executive agency, a department, a board, a commission, or any other instrumentality of the State.

(b) (1) This section applies only to a notice or communication that is required to be delivered by first–class mail.

(2) This section does not apply to any notice or communication:

(i) from a unit in the Judicial Branch of State government;

(ii) regarding eligibility, benefits, or services for a medical assistance program established under Titles 7, 10, 14, or 15 of the Health – General Article; or

(iii) that is required to be delivered by certified or registered mail.

(c) Subject to subsection (e) of this section, a unit may deliver by electronic means instead of by first–class mail a notice or communication to an individual if the unit meets the requirements of:

(1) the federal 21st Century Communications and Video Accessibility Act; and

(2) Title 21, Subtitle 1 of the Commercial Law Article in obtaining the individual’s consent to have notices or communications sent to that individual by electronic means.

(d) A notice or communication delivered in accordance with subsection (c) of this section shall be considered equivalent to delivery by first–class mail.

(e) (1) A unit may deliver a notice or communication to an individual by electronic means under this section only if the individual has affirmatively consented to delivery by electronic means instead of by first–class mail and has not withdrawn the consent.

(2) If a provision requiring a unit to deliver notice or communication to an individual expressly requires the recipient to verify or acknowledge receipt of the notice or communication, the unit may deliver the notice or communication by electronic means only if the method used provides a means for the individual to electronically verify or acknowledge receipt of the notice or communication.

(f) (1) Before an individual consents to receive notices or communications from a unit by electronic means instead of by first–class mail, the unit shall provide to the individual a clear and conspicuous statement informing the individual of:

(i) any right or option of the individual to have the notices or communications provided or made available by the unit in paper or another nonelectronic form;

(ii) the individual’s right to withdraw consent to have notices or communications from the unit delivered by electronic means, including information on how the individual may withdraw consent;

(iii) any conditions or consequences imposed on the individual if the individual withdraws consent;

(iv) whether the individual’s consent applies:

1. only to notices or communications related to a particular transaction; or

2. to identified categories of notice or communications from the unit that may be delivered by electronic means;

(v) how an individual who consents to delivery of a notice or communication by electronic means may obtain a paper copy of the notice or communication;

(vi) how the individual can update their contact information; and

(vii) the hardware and software requirements for access to and retention of a notice or communication delivered by electronic means.

(2) When an individual gives a unit consent to deliver notices and communications by electronic means instead of by first–class mail, the individual shall confirm the consent electronically, in a manner that reasonably demonstrates that the individual can access the information in the electronic form that the unit uses to give notices or communications.

(3) If the hardware or software requirements needed to access or retain a notice or communication delivered by electronic means change in a way that creates a material risk that an individual will not be able to access or retain a subsequent notice or communication to which the consent applies, the unit shall provide to the individual:

(i) a statement setting forth the revised hardware and software requirements for access to and retention of a notice or communication delivered by electronic means; and

(ii) a copy of the statement required under paragraph (1) of this subsection.

(g) (1) A withdrawal of consent by an individual under this section:

(i) shall be effective within a reasonable period of time after the unit receives the notice of the withdrawal of consent from the individual; and

(ii) does not affect the legal effectiveness, validity, or enforceability of a notice or communication delivered by electronic means to the individual before the withdrawal of consent is effective.

(2) Failure to comply with subsection (f)(3) of this section may be treated, at the election of the individual, as a withdrawal of consent for purposes of this section.

(h) A unit that provides delivery of notices or communications by electronic means under this section shall:

(1) establish a process for a guardian of the person of a disabled person to:

(i) withdraw the disabled person’s consent to have notices or communications from the unit delivered by electronic means; and

(ii) request that notices and communications regarding the disabled person be delivered to the guardian of the person; and

(2) provide notice of the process on the unit’s website.

(i) Nothing in this section may be interpreted to:

(1) require a unit to deliver notices or communications by electronic means instead of by first–class mail; or

(2) affect policies, procedures, systems, or protocols for the delivery of notices or communications by electronic means implemented by a unit under any other provision of law.
Md. Code, Environment § 1-407 — MD Code / Article gen / Title 1 / Subtitle 4 / Section 1-407
§1–407.
Status: in_force

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

(b) The Attorney General shall assign to the Department the number of assistant Attorneys General authorized by law to be assigned to the Department and any additional ones necessary to give effective legal advice and counsel. The Attorney General also shall designate an assistant Attorney General as counsel to the Department.

(c) The counsel to the Department may have no duty other than to give the legal aid, advice, and counsel required by the Secretary and any other official of the Department, to supervise the other assistant Attorneys General assigned to the Department, and to perform for the Department the duties that the Attorney General assigns. The counsel shall perform these duties subject to the control and supervision of the Attorney General. After the Attorney General designates the counsel to the Department, the Attorney General may not reassign the counsel without consulting the Secretary.
Md. Code, Environment § 1-813 — MD Code / Article gen / Title 1 / Subtitle 8 / Section 1-813
§1–813.
Status: in_force

This subtitle shall be applied and construed to effectuate its general purpose to make uniform the law with respect to the subject of this subtitle among states enacting it.
Md. Code, Business Regulation § 1-210 — MD Code / Article gbr / Title 1 / Subtitle 2 / Section 1-210
§1–210.
Status: in_force

(a) A license or permit is considered renewed for purposes of this section if the license or permit is issued by a unit of State government to a person for the period immediately following a period for which the person previously possessed the same or a substantially similar license.

(b) Before any license or permit may be renewed under this article, the issuing authority shall verify through the Office of the Comptroller that the applicant has paid all undisputed taxes and unemployment insurance contributions payable to the Comptroller or the Secretary of Labor or that the applicant has provided for payment in a manner satisfactory to the unit responsible for collection.
Md. Code, Local Government § 1-207 — MD Code / Article glg / Title 1 / Subtitle 2 / Section 1-207
§1–207.
Status: in_force

(a) In this section, “telework” means to work at a location other than a traditional office setting or an employee’s usual and customary worksite, including:

(1) the employee’s home;

(2) a satellite office; and

(3) a telework center.

(b) This section applies to:

(1) all employees of a governmental entity of a county or a municipality; and

(2) all governmental entities of a county or a municipality.

(c) Each governing body, or the governing body’s designee, shall:

(1) establish a countywide or municipality–wide telework program; and

(2) adopt a countywide or municipality–wide telework policy and telework guidelines.

(d) (1) The head of a governmental entity of a county or municipality may designate the positions for which an employee would be eligible to telework.

(2) Each governmental entity of a county or municipality, in its discretion, may maximize the number of eligible employees participating in a countywide or municipality–wide telework program established under subsection (c) of this section.
Md. Code, Health - General § 1-201 — MD Code / Article ghg / Title 1 / Subtitle 2 / Section 1-201
§1–201.
Status: in_force

(a) A requirement in this article that a document be verified means that the document shall be verified by a declaration made under the penalties of perjury that the matters and facts contained in the document are true to the best of the knowledge, information, and belief of the individual making the declaration.

(b) The verification shall be made:

(1) Before an individual authorized to administer oaths; or

(2) By a signed statement of verification that:

(i) Is in the document or attached to and made part of the document; and

(ii) States that the statement is made under the penalties for perjury.

(c) If the procedures provided in subsection (b)(2) of this section are used, the statement of verification subjects the individual making the statement to the penalties for perjury to the same extent as if the statement had been verified under oath before an individual authorized to administer oaths.
Md. Code, Courts and Judicial Proceedings § 1-402 — MD Code / Article gcj / Title 1 / Subtitle 4 / Section 1-402
§1–402.
Status: in_force

(a) The Appellate Court of Maryland consists of 15 judges, one of whom shall be designated by the Governor as Chief Judge.

(b) Except as otherwise provided in this section, the judges of the Appellate Court of Maryland shall be selected, appointed, retained, removed from office, or retired as provided in Article IV of the Maryland Constitution with respect to justices of the Supreme Court of Maryland. One judge of the Appellate Court of Maryland shall be a resident respectively of each of the appellate judicial circuits defined in Article IV, § 14 of the Maryland Constitution. When election to judicial office is required by the Constitution, each of these judges shall be elected by the qualified voters of his circuit of residence. The remaining judges of the Appellate Court of Maryland may be residents of any part of the State and, when election to judicial office is required by the Constitution, shall be elected by the qualified voters of the entire State. The term of a judge of the Appellate Court of Maryland begins on the date of his qualification for office.
Md. Code, Commercial Law § 1-202 — MD Code / Article gcl / Title 1 / Subtitle 2 / Section 1-202
§1–202.
Status: in_force

(a) Subject to subsection (f) of this section, a person has “notice” of a fact if the person:

(1) Has actual knowledge of it;

(2) Has received a notice or notification of it; or

(3) From all the facts and circumstances known to the person at the time in question, has reason to know that it exists.

(b) “Knowledge” means actual knowledge. “Knows” has a corresponding meaning.

(c) “Discover”, “learn”, or words of similar import refer to knowledge rather than to reason to know.

(d) A person “notifies” or “gives” a notice or notification to another person by taking such steps as may be reasonably required to inform the other person in ordinary course, whether or not the other person actually comes to know of it.

(e) Subject to subsection (f) of this section, a person “receives” a notice or notification when:

(1) It comes to that person’s attention; or

(2) It is duly delivered in a form reasonable under the circumstances at the place of business through which the contract was made or at another location held out by that person as the place for receipt of such communications.

(f) Notice, knowledge, or a notice or notification received by an organization is effective for a particular transaction from the time the transaction is brought to the attention of the individual conducting that transaction and, in any event, from the time the transaction would have been brought to the individual’s attention if the organization had exercised due diligence. An organization exercises due diligence if the organization maintains reasonable routines for communicating significant information to the person conducting the transaction and there is reasonable compliance with the routines. Due diligence does not require an individual acting for the organization to communicate information unless the communication is part of the individual’s regular duties or the individual has reason to know of the transaction and that the transaction would be materially affected by the information.
Md. Code, Financial Institutions § 1-402.1 — MD Code / Article gfi / Title 1 / Subtitle 4 / Section 1-402.1
§1–402.
Status: in_force

§1–402.1.

(a) This section does not apply to an automated teller machine that is:

(1) Located inside a building unless:

(i) The building is a freestanding installation that exists solely to provide an enclosure for the automated teller machine; or

(ii) A user of the automated teller machine is able to conduct a transaction from outside the building; or

(2) Operated by a financial institution, unless the automated teller machine is located at or within or attached to premises owned by or under the control of the financial institution.

(b) Each operator of an automated teller machine subject to this section shall:

(1) Install and maintain a video camera that views and records an image of a user as the user performs a transaction at the automated teller machine; and

(2) Preserve the recordings made by the video camera for at least 45 calendar days.

(c) An operator of an automated teller machine subject to this section is not in violation of this section if a video camera required under subsection (b) of this section malfunctions due to a reason not within the operator’s control.
Md. Code, Land Use § 1-415 — MD Code / Article glu / Title 1 / Subtitle 4 / Section 1-415
§1–415.
Status: in_force

(a) The planning commission of a charter county or code county shall implement the visions set forth in § 1–201 of this title through the comprehensive plan elements required under Part II of this subtitle.

(b) The legislative body of a charter county or code county that has adopted a comprehensive plan under Part II of this subtitle may adopt regulations implementing the visions set forth in § 1–201 of this title in the plan.
Md. Code, Local Government § 1-1409 — MD Code / Article glg / Title 1 / Subtitle 14 / Section 1-1409
§1–1409.
Status: in_force

(a) An authority shall:

(1) adopt a code of ethics for the authority’s directors, officers, and employees;

(2) establish policies and procedures requiring:

(i) the disclosure of relationships that may create a conflict of interest; and

(ii) any member of the board with a direct or indirect interest in a matter before the authority to disclose the member’s interest to the board before the board takes any action on the matter; and

(3) comply with the Open Meetings Act.

(b) Except as otherwise provided in this subtitle or the ordinance establishing an authority, the procedures of the incorporating local government control any matter relating to the internal administration of an authority.
Md. Code, Local Government § 1-1320 — MD Code / Article glg / Title 1 / Subtitle 13 / Section 1-1320
§1–1320.
Status: in_force

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

(2) “Administration” means the Maryland Energy Administration.

(3) “Residential energy storage system” means a system, on a residential customer’s side of the meter, used to store electrical energy, or mechanical, chemical, or thermal energy that was once electrical energy, for use as electrical energy at a later date or in a process that offsets electricity use at peak times.

(4) “Residential solar energy system” means any configuration of solar energy devices that collects and distributes solar energy for the purpose of generating electricity and that has a single residential interconnection with the electrical grid.

(5) “Solar permitting software” means:

(i) the most recent version of a web–based platform, developed by the National Renewable Energy Laboratory, that provides a standard portal for receiving and processing residential solar energy system and residential energy storage system permit information; or

(ii) automated software that functions to support the tracking and approval of residential building permits for residential solar energy systems, residential energy storage systems, main electrical panel upgrades, and main electrical panel devices.

(b) This section applies to all counties and municipalities.

(c) Subject to subsection (d) of this section and except as provided in subsection (e) of this section, on or before August 1, 2025, each county and municipality shall implement solar permitting software for features supporting the tracking and approval of residential building permits for:

(1) residential solar energy systems;

(2) residential energy storage systems;

(3) main electrical panel upgrades; and

(4) main electrical panel derates.

(d) A county or municipality may not be required to comply with the requirements of subsection (c) of this section if:

(1) the county or municipality does not require a permit for:

(i) residential solar energy systems; or

(ii) residential solar energy systems paired with a residential solar energy storage system; or

(2) as determined by the Administration, the automated software is no longer updated or maintained.

(e) The Administration shall delay the initial implementation or suspend the requirements of subsection (c) of this section if there are insufficient State or federal funds available to the Administration to provide financial support to a county or municipality implementing solar permitting software as defined in subsection (a)(5)(i) of this section.
Md. Code, Tax - Property § 1-203 — MD Code / Article gtp / Title 1 / Subtitle 2 / Section 1-203
§1–203.
Status: in_force

(a) In this section, “fiduciary” includes a personal representative, trustee, or guardian.

(b) Except as otherwise provided in this article, a fiduciary is liable for the taxes on property held by the fiduciary as a fiduciary.

(c) Except as otherwise provided in subsection (d) of this section or in the case of default or breach of duty, a fiduciary’s liability extends only to assets that the fiduciary holds as a fiduciary.

(d) (1) A fiduciary who distributes property held as a fiduciary after the date of finality for the next following taxable year shall retain sufficient funds to pay any taxes on the property for that taxable year for any assessment against the property held in a fiduciary capacity, if the assessment is made before the date of finality.

(2) If the fiduciary fails to retain sufficient funds to pay these taxes, the fiduciary and the bond of the fiduciary are liable for the taxes.
Md. Code, Business Regulation § 1-207 — MD Code / Article gbr / Title 1 / Subtitle 2 / Section 1-207
§1–207.
Status: in_force

(a) By August 31 of each year, the Department shall provide to the Department of Assessments and Taxation a list of the following persons issued licenses during the previous fiscal year, to assist the Department of Assessments and Taxation in identifying new businesses within the State:

(1) managers and promotors, licensed under Title 4 of this article;

(2) collection agencies, licensed under Title 7 of this article;

(3) home improvement contractors and subcontractors, licensed under Title 8 of this article;

(4) employment agencies, licensed under Title 9 of this article;

(5) heating, ventilation, air-conditioning, and refrigeration contractors with master licenses and master restricted licenses, licensed under Title 9A of this article;

(6) owners and trainers, licensed under Title 11 of this article; and

(7) secondhand precious metal object dealers and pawnbrokers, licensed under Title 12 of this article.

(b) The list provided under this section shall:

(1) be provided free of charge; and

(2) include, for each person on the list:

(i) the name and mailing address of the person; and

(ii) the federal tax identification number of the person or, if the person does not have a federal tax identification number, the Social Security number of the person.
Md. Code, General Provisions § 1-109.1 — MD Code / Article ggp / Title 1 / Subtitle 1 / Section 1-109.1
§1–109.
Status: in_force

§1–109.1.

(a) With respect to any State program of benefits, rights, or privileges applicable to a veteran under this Code, “honorable discharge” includes discharge that is less than honorable:

(1) solely due to the sexual orientation or gender identity of the individual being discharged;

(2) based on a statement or consensual act of the individual being discharged related to the individual’s sexual orientation or gender identity, if the statement or consensual act was prohibited by the military or naval service at the time of discharge; or

(3) if the Department of Veterans and Military Families determines an individual is eligible for State benefits based on the criteria established in 38 C.F.R. § 3.12.

(b) A veteran shall submit to the Secretary of Veterans and Military Families documentation that provides the basis for the veteran’s discharge.
Md. Code, Courts and Judicial Proceedings § 1-201 — MD Code / Article gcj / Title 1 / Subtitle 2 / Section 1-201
§1–201.
Status: in_force

(a) The power of the Supreme Court of Maryland to make rules and regulations to govern the practice and procedure and judicial administration in that court and in the other courts of the State shall be liberally construed. Without intending to limit the comprehensive application of the term “practice and procedure,” the term includes the forms of process; writs; pleadings; motions; parties; depositions; discovery; trials; judgments; new trials; provisional and final remedies; appeals; unification of practice and procedure in actions at law and suits in equity, so as to secure one form of civil action and procedure for both; and regulation of the form and method of taking and the admissibility of evidence in all cases, including criminal cases.

(b) Except for the District Court, other courts may by rule regulate terms of court for purposes other than the return of process and may make other rules of practice and procedure subject to and not inconsistent with any rule of the Supreme Court of Maryland. However, except for a rule regulating terms of court, every rule shall be adopted pursuant to the limitations and procedures prescribed by the Maryland Rules, unless authority to adopt rules is expressly granted by public general law.
Md. Code, Health Occupations § 1-1002 — MD Code / Article gho / Title 1 / Subtitle 10 / Section 1-1002
§1–1002.
Status: in_force

A health care practitioner may establish a practitioner–patient relationship through either a synchronous telehealth interaction or an asynchronous telehealth interaction, if the health care practitioner:

(1) Verifies the identity of the patient receiving health care services through telehealth;

(2) Discloses to the patient the health care practitioner’s name, contact information, and the type of health occupation license held by the health care practitioner; and

(3) Obtains oral or written consent from the patient or from the patient’s parent or guardian if State law requires the consent of a parent or guardian.
Md. Code, Economic Development § 1-101 — MD Code / Article gec / Title 1 / Subtitle 1 / Section 1-101
§1–101.
Status: in_force

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

(b) “County” means a county of the State or Baltimore City.

(c) “Department” means the Department of Commerce.

(d) “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity.

(e) “Secretary” means the Secretary of Commerce.

(f) (1) Except as provided in paragraph (2) of this subsection, “state” means:

(i) a state, possession, territory, or commonwealth of the United States; or

(ii) the District of Columbia.

(2) When capitalized, “State” means Maryland.

(g) (1) “Tier I county” means a county with:

(i) an average rate of unemployment for the most recent 24–month period for which data are available that exceeds 150% of the average rate of unemployment for the State during that period;

(ii) an average rate of unemployment for the most recent 24–month period for which data are available that exceeds the average rate of unemployment for the State by at least 2 percentage points; or

(iii) a median household income for the most recent 24–month period for which data are available that is equal to or less than 75% of the median household income for the State during that period.

(2) “Tier I county” includes a county that:

(i) no longer meets any of the criteria stated in paragraph (1) of this subsection; but

(ii) has met at least one of the criteria at some time during the preceding 24–month period.
Md. Code, Environment § 1-805 — MD Code / Article gen / Title 1 / Subtitle 8 / Section 1-805
§1–805.
Status: in_force

(a) This subtitle does not authorize a use of real property that is otherwise prohibited by zoning, by law other than this subtitle regulating use of real property, or by a recorded instrument that has priority over the environmental covenant.

(b) An environmental covenant may prohibit or restrict uses of real property that are authorized by zoning or by law other than this subtitle.
Md. Code, Environment § 1-603 — MD Code / Article gen / Title 1 / Subtitle 6 / Section 1-603
§1–603.
Status: in_force

(a) The Department shall cause to be published notice of applications for permits.

(b) The Department shall assure that applications for permits shall be available to the public for inspection and copying.

(c) (1) Upon written request made within 10 working days after publication of a notice of application, or in its own discretion, the Department shall provide an opportunity for an informational meeting with respect to the application.

(2) The informational meeting may be canceled if all persons who made timely written requests withdraw the requests prior to the meeting.

(3) Unless the notice of application contained a notice of the informational meeting, the Department shall publish notice of the informational meeting.

(d) (1) The Department may require the applicant to attend an informational meeting or public hearing and present information concerning the application.

(2) If the applicant fails to appear and present information after a request from the Department, the application may be denied.
Md. Code, Alcoholic Beverages and Cannabis § 1-203 — MD Code / Article gab / Title 1 / Subtitle 2 / Section 1-203
§1–203.
Status: in_force

A municipality may not impose an additional license fee or tax other than the usual property tax on alcoholic beverages or the exercise of a privilege conferred by a license.
Md. Code, Local Government § 1-1102 — MD Code / Article glg / Title 1 / Subtitle 11 / Section 1-1102
§1–1102.
Status: in_force

A county or municipality may enact an ordinance or a resolution to establish a clean energy loan program.
Md. Code, Alcoholic Beverages and Cannabis § 1-307 — MD Code / Article gab / Title 1 / Subtitle 3 / Section 1-307
§1–307.
Status: in_force

(a) The Commission has the powers and duties set forth in this section.

(b) The Commission shall:

(1) educate the public, by resource sharing and serving as an information clearinghouse, on such topics as:

(i) recent increases in alcohol content for popular beer and other beverages;

(ii) the proper limits of drinking for adults;

(iii) the adverse consequences of surpassing those limits;

(iv) parental or adult responsibility for serving alcohol to underage individuals; and

(v) comparable topics relating to smoking, vaping, tobacco, other tobacco products, electronic nicotine delivery systems, cannabis, and cannabis products; and

(2) subject to federal approval, ensure that all alcoholic beverages sold in the State with an alcohol content exceeding 4.5% by volume bear a large and conspicuous label stating the percentage of alcohol content.

(c) (1) The Commission shall conduct studies of:

(i) the operation and administration of similar laws in other states or countries; and

(ii) federal laws that may affect the operation of the alcohol, tobacco, or cannabis industries, the literature on those industries, and the reaction of residents of the State to existing and potential features of those industries.

(2) The Commission shall submit to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly the studies required under this subsection.