Md. Code, Tax - General § 10-906 — MD Code / Article gtg / Title 10 / Subtitle 9 / Section 10-906
§10–906.
Status: in_force

§10–906. IN EFFECT

(a) Except as provided in § 10–907 of this subtitle, each employer or payor shall:

(1) withhold the income tax required to be withheld under § 10–908 of this subtitle; and

(2) pay to the Comptroller the income tax withheld for a period with the withholding return that covers the period.

(b) Any income tax withheld is deemed to be held in trust for the State by the employer or payor who withholds the tax.

(c) An employer or payor who withholds income tax shall keep a separate ledger account for withholdings that indicates clearly:

(1) the amount of income tax withheld; and

(2) that the income tax withheld is the property of the State.

(d) If an employer or payor negligently fails to withhold or to pay income tax in accordance with subsection (a) of this section, personal liability for that income tax extends:

(1) to the employer or payor;

(2) if the employer or payor is a corporation, to:

(i) any officer of the corporation who exercises direct control over its fiscal management; or

(ii) any agent of the corporation who is required to withhold and pay the income tax; and

(3) if the employer or payor is a limited liability company as defined under Title 4A of the Corporations and Associations Article or a limited liability partnership as defined under Title 9A of the Corporations and Associations Article, including a limited partnership registered as a limited liability limited partnership, to:

(i) any person who exercises direct control over its fiscal management; and

(ii) any agent of the limited liability company or limited liability partnership who is required to withhold and pay the income tax.

§10–906. ** TAKES EFFECT OCTOBER 1, 2026 PER CHAPTERS 198 AND 199 OF 2025 **

(a) Except as provided in § 10–907 of this subtitle, each employer or payor shall:

(1) withhold the income tax required to be withheld under § 10–908 of this subtitle; and

(2) pay to the Comptroller the income tax withheld for a period with the withholding return that covers the period.

(b) Any income tax withheld is deemed to be held in trust for the State by the employer or payor who withholds the tax.

(c) An employer or payor who withholds income tax shall keep a separate ledger account for withholdings that indicates clearly:

(1) the amount of income tax withheld; and

(2) that the income tax withheld is the property of the State.

(d) If an employer or payor negligently fails to withhold or to pay income tax in accordance with subsection (a) of this section, personal liability for that income tax extends:

(1) to the employer or payor;

(2) if the employer or payor is a corporation, to:

(i) any officer of the corporation who exercises direct control over its fiscal management; or

(ii) any agent of the corporation who is required to withhold and pay the income tax; and

(3) if the employer or payor is a limited liability company as defined under Title 4A of the Corporations and Associations Article, including a limited worker cooperative association or a collective worker cooperative, or a limited liability partnership as defined under Title 9A of the Corporations and Associations Article, including a limited partnership registered as a limited liability limited partnership, to:

(i) any person who exercises direct control over its fiscal management; and

(ii) any agent of the limited liability company or limited liability partnership who is required to withhold and pay the income tax.
Md. Code, Health - General § 10-610 — MD Code / Article ghg / Title 10 / Subtitle 6 / Section 10-610
§10–610.
Status: in_force

(a) On behalf of a minor, a parent or guardian of the person of the minor may apply, under this section, for admission of the minor to:

(1) Any facility that is not a State facility; or

(2) The following State facilities:

(i) A regional institute for children and adolescents; and

(ii) The child or adolescent unit of a State facility.

(b) The applicant shall submit a formal, written application that contains the personal information and is on the form required by the Administration.

(c) A facility may not admit an individual under this section unless:

(1) The individual has a mental disorder;

(2) The mental disorder is susceptible to care or treatment;

(3) The applicant understands the nature of a request for admission; and

(4) Assent to the admission has been given:

(i) By the admitting physician of the facility; or

(ii) For a child or adolescent unit of a State facility, by:

1. 1 physician and 1 psychologist;

2. 2 physicians;

3. 1 physician and 1 psychiatric nurse practitioner;

4. 1 physician and 1 licensed certified social worker–clinical; or

5. 1 physician and 1 licensed clinical professional counselor.

(d) An admission under this section to a child or adolescent unit of a State facility may not exceed 20 days.
Md. Code, Public Utilities § 10-406 — MD Code / Article gpu / Title 10 / Subtitle 4 / Section 10-406
§10–406.
Status: in_force

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

(2) “Assessment” means a charge imposed by a local jurisdiction on each transportation network service that includes a passenger trip during transportation network coverage period three as described in § 10–101(n)(1)(iii) of this title.

(3) “Exempt jurisdiction” means a county or municipal corporation that imposed a tax, fee, or charge on for–hire transportation services provided on a per ride or per passenger basis in that county or municipal corporation on or before January 1, 2015.

(b) (1) Except as provided in paragraph (2) of this subsection, this section does not limit the authority of an exempt jurisdiction to impose an assessment, a tax, a fee, or a charge on for–hire transportation services, including transportation network services.

(2) An exempt jurisdiction may not impose more than one assessment or similar charge on a transportation network service.

(c) (1) In accordance with subsections (d) and (e) of this section, a county or municipal corporation may impose an assessment under this section.

(2) Except in an exempt jurisdiction, an assessment by a county or municipal corporation authorized by this section may not exceed 25 cents per trip.

(3) (i) Except as provided in subsection (e)(5) of this section, an assessment may not be imposed on a transportation network service by both a county and a municipal corporation.

(ii) If both a county and a municipal corporation impose an assessment on a transportation network service in accordance with subsection (e)(5) of this section, the sum of the assessments imposed by both jurisdictions may not exceed 25 cents per trip.

(4) The revenue generated from an assessment authorized under this section shall be used for transportation purposes.

(d) (1) This subsection applies to a county or municipal corporation that licensed or regulated taxicab services on or before January 1, 2015, either directly or through the Commission as provided in § 10–202 of this title.

(2) (i) A county, in accordance with subparagraph (ii) of this paragraph, or a municipal corporation may impose an assessment on trips that originate in the county or municipal corporation.

(ii) A county authorized to impose an assessment under this subsection:

1. may impose an assessment on trips that originate in any area of the county; but

2. may not impose an assessment in a municipal corporation that is authorized to impose an assessment under this subsection.

(3) If a county or municipal corporation authorized to impose an assessment under this subsection has not authorized an assessment on trips that originate in the county or municipal corporation by July 1, 2016, the county or municipal corporation is subject to subsection (e) of this section.

(4) (i) If a county authorized to impose an assessment under this subsection plans to impose an assessment under this section, the county shall notify the municipal corporations in the county of the county’s intent to impose an assessment.

(ii) If a municipal corporation authorized to impose an assessment under this subsection plans to impose an assessment under this section, the municipal corporation shall notify the county of the municipal corporation’s intent to impose an assessment.

(e) (1) This subsection applies to a county or municipal corporation that:

(i) is not authorized to impose an assessment under subsection (d) of this section; or

(ii) 1. is authorized to impose an assessment under subsection (d) of this section; but

2. has not authorized an assessment by July 1, 2016.

(2) In accordance with paragraph (3) of this subsection and subsections (f) and (g) of this section, a county or municipal corporation may impose an assessment on trips that originate in the county or municipal corporation.

(3) (i) Except as provided under subparagraph (ii) of this paragraph:

1. a municipal corporation has priority over the county where the municipal corporation is located to impose an assessment on trips that originate in the municipal corporation; and

2. the county may not impose an assessment on trips that originate in the municipal corporation.

(ii) A county has priority over a municipal corporation to impose an assessment on trips that originate in the municipal corporation, and the municipal corporation may not impose an assessment on trips that originate in the municipal corporation, if:

1. the county has authorized an assessment on trips that originate in the county under subsection (d) of this section by July 1, 2016; and

2. the municipal corporation is not authorized to impose an assessment on trips that originate in the municipal corporation under subsection (d) of this section.

(iii) A municipal corporation that is not authorized to impose an assessment on trips that originate in the municipal corporation under subsection (d) of this section and that is located in a county that is authorized to impose an assessment on trips that originate in the county under subsection (d) of this section may impose an assessment on trips that originate in the municipal corporation under this subsection after July 1, 2016, if the county has not authorized an assessment on trips that originate in the county by July 1, 2016.

(4) (i) Before a county may impose an assessment on trips that originate in a municipal corporation under this subsection, the county shall:

1. notify the municipal corporation of the county’s intent to impose an assessment on transportation network services that originate in the municipal corporation; and

2. provide the municipal corporation reasonable time to pass an ordinance authorizing the imposition of an assessment.

(ii) Before a municipal corporation may impose an assessment on trips that originate in the municipal corporation under this subsection, the municipal corporation shall:

1. notify the county of the municipal corporation’s intent to impose an assessment; and

2. if the county imposes an assessment, provide the county reasonable time to notify the Comptroller before the municipal corporation’s assessment becomes effective.

(5) (i) Notwithstanding paragraph (4) of this subsection and subject to subparagraph (iii) of this paragraph, both a county and a municipal corporation authorized to impose an assessment under this subsection may impose an assessment on a transportation network service if the county and the municipal corporation enter into an agreement:

1. to share revenues; and

2. that specifies the allocation of the revenues.

(ii) A county and a municipal corporation that enter into an agreement under this paragraph to impose an assessment on a transportation network service by both jurisdictions shall provide a copy of the agreement to the Comptroller.

(iii) If both a county and a municipal corporation impose an assessment on a transportation network service under this paragraph, the sum of the assessments imposed by both jurisdictions may not exceed the amount under subsection (c)(3)(ii) of this section.

(f) (1) At least 120 days before an assessment is to take effect, a county or municipal corporation that intends to impose an assessment shall notify the Comptroller:

(i) of the amount of the assessment;

(ii) of the effective date of the assessment; and

(iii) that the notice required under subsection (e)(4) of this section was provided to the county or municipal corporation.

(2) A county or municipal corporation that imposes an assessment shall notify the Comptroller at least 120 days before any change in an assessment is to take effect:

(i) of the amount of the new assessment;

(ii) of the effective date of the new assessment; and

(iii) that the notice required under subsection (e)(4) of this section was provided to the county or municipal corporation.

(g) (1) This subsection governs the collection, remittance, accounting, and use of revenues from assessments imposed by a county or municipal corporation under this section.

(2) A transportation network company shall:

(i) collect assessments on behalf of an operator who accepts a request for a ride made through the transportation network company’s digital network;

(ii) collect any assessment, fee, charge, or tax imposed by an exempt jurisdiction on a transportation network service; and

(iii) submit to the Comptroller no later than 30 days after the end of a calendar quarter, or as otherwise specified by the Comptroller in regulations:

1. the assessments and other revenues collected by the transportation network company on behalf of the transportation network operators;

2. the allocation of the assessments and other revenues attributable to each county or municipal corporation that has imposed an assessment based on where the trip originated; and

3. under oath, a certification that it has submitted the correct amount of assessments and revenues.

(3) (i) Subject to subparagraph (ii) of this paragraph, from the assessments and revenues imposed by counties and municipal corporations, the Comptroller shall distribute each quarter the amount necessary to administer the assessments to an administrative cost account.

(ii) The amount distributed to the administrative cost account may not exceed 5% of the revenue from the assessments and other revenue.

(4) After making the distribution required by paragraph (3) of this subsection, within 45 days of the end of each calendar quarter, the Comptroller shall distribute the remaining revenue to:

(i) the county or municipal corporation that is the source of the revenue; or

(ii) at the discretion of the Comptroller, the county that is the source of the revenue for the county to distribute to the source of revenue in the county or municipal corporation.

(5) The Commission shall disclose:

(i) on the request of the Comptroller, records or information that relate to the collection, remittance, accounting of revenues from assessments, or the enforcement of the obligations under this section that are:

1. provided to the Commission under this subtitle; or

2. created, issued, or maintained by the Commission in the course of administering this subtitle; and

(ii) records or information required by court order or order of the Maryland Tax Court.

(6) (i) 1. The Comptroller may review or inspect each year, at a transportation network company’s place of business or a mutually agreed location, records necessary to ensure that the transportation network company has remitted to the Comptroller the correct revenues and allocations.

2. Nothing in this subparagraph is intended to limit the period covered by the Comptroller’s review or inspection, which may include more than 1 year.

(ii) Records or information provided to the Comptroller by a transportation network company under this subsection are not subject to release under the Maryland Public Information Act.

(iii) The Comptroller may not disclose records or information provided by a transportation network company unless the disclosure is required by court order or order of the Maryland Tax Court.

(iv) On notice that a person is seeking records or information under subparagraph (iii) of this paragraph, the Comptroller shall promptly notify the transportation network company before disclosing the information.

(v) The Comptroller may disclose records or information provided by the Commission or a transportation network company to:

1. the Maryland Tax Court;

2. a legal representative of the State, to review the assessment information about a transportation network company:

A. that applies for review under Title 13 under the Tax – General Article;

B. that appeals from a determination under Title 13 of the Tax – General Article; or

C. against which an action to recover an assessment, an interest, or a penalty is pending or will be initiated under Title 13 of the Tax – General Article; or

3. any license–issuing authority of the State required by State law to verify through the Comptroller that:

A. an applicant has paid all undisputed taxes and unemployment insurance contributions payable to the Comptroller or the Secretary of Labor; or

B. the applicant has provided for payment in a manner satisfactory to the unit responsible for collection.

(vi) 1. Records or information disclosed under subparagraph (v)2 or 3 of this paragraph are not subject to release under the Maryland Public Information Act.

2. A person that receives records or information under subparagraph (v)2 or 3 of this paragraph may not disclose the records or information unless the disclosure is required by court order or order of the Maryland Tax Court.

3. On notice that a third party is seeking records or information under subsubparagraph 2 of this subparagraph, the person that receives records or information under subparagraph (v)2 or 3 of this paragraph shall promptly notify the transportation network company before disclosing the information.

(7) (i) Except to the extent of any inconsistency with this section, the provisions of Title 13 of the Tax – General Article that apply to the sales and use tax shall govern the administration, collection, enforcement, and appeals of the revenues from assessments under this section.

(ii) The limitations governing the sales and use tax under § 13–1102 of the Tax – General Article apply to the assessments imposed under this section.

(8) The Comptroller may adopt regulations or other requirements or procedures to carry out the provisions of this section, including requirements and procedures regarding the administration, collection, and enforcement of the assessment.

(h) The Comptroller shall enforce this section and § 10–407 of this subtitle.
Md. Code, Economic Development § 10-504 — MD Code / Article gec / Title 10 / Subtitle 5 / Section 10-504
§10–504.
Status: in_force

(a) There is a Maryland Agricultural and Resource-Based Industry Development Corporation.

(b) The Corporation is a body politic and corporate and is an instrumentality of the State.
Md. Code, Insurance § 10-409.1 — MD Code / Article gin / Title 10 / Subtitle 4 / Section 10-409.1
§10–409.
Status: in_force

§10–409.1.

(a) Except as otherwise expressly provided by law, a person may not pay, allow, or give, or offer to pay, allow, or give, directly or indirectly, any valuable consideration to an insured as an inducement to use the services of a public adjuster.

(b) A public adjuster may pay a commission, service fee, or any other valuable consideration to a person only if that person is required to be licensed, and is licensed, as a public adjuster.

(c) A person may not accept a commission, service fee, or any other valuable consideration if the person is required to be licensed, but is not licensed, as a public adjuster.
Md. Code, Human Services § 10-203 — MD Code / Article ghu / Title 10 / Subtitle 2 / Section 10-203
§10–203.
Status: in_force

(a) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient operation of the Department.

(b) The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary.
Md. Code, Land Use § 10-104 — MD Code / Article glu / Title 10 / Subtitle 1 / Section 10-104
§10–104.
Status: in_force

(a) In this section, “Red Line” means a transit facility, regardless of mode, operating in a combination of at–grade, elevated, or underground configurations through Baltimore City and Baltimore County along a generally east–to–west alignment between the terminus of Security Boulevard on the west and Johns Hopkins Bayview Medical Center on the east, connecting as appropriate to other fixed–route transit services.

(b) Notwithstanding § 10–202 of this title, the Mayor and City Council of Baltimore City may not adopt or enforce a local law that requires the creation of new motor vehicle off–street parking for a development that includes residential use and that is located within a 0.25–mile radius of a present or planned:

(1) MARC station;

(2) Baltimore MTA Light Rail station;

(3) Red Line station, regardless of transit mode; or

(4) Metro station.
Md. Code, Criminal Procedure § 10-234 — MD Code / Article gcp / Title 10 / Subtitle 2 / Section 10-234
§10–234.
Status: in_force

(a) In this section, “taxicab license”:

(1) means a license or similar document that would allow a person to drive a taxicab in Montgomery County; and

(2) includes any renewal of a license as described in item (1) of this subsection.

(b) In accordance with this subtitle, Montgomery County may request a criminal history records check from the Central Repository or through the Department from the Federal Bureau of Investigation on an applicant for a taxicab license or licensee seeking a renewal of a taxicab license.

(c) Montgomery County shall pay to the Department the fee and administrative cost that the Department imposes for each request made under subsection (b) of this section.

(d) If the request for a criminal history records check under subsection (b) of this section includes a request for criminal history record information from the Federal Bureau of Investigation, the applicant for a taxicab license or renewal of a taxicab license shall submit to the Department a complete set of legible fingerprints on standard fingerprint cards.
Md. Code, Human Services § 10-421 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-421
§10–421.
Status: in_force

(a) (1) A provider shall compute operating reserves for each facility as of the end of the facility’s most recent fiscal year.

(2) When a provider files an application for a renewal certificate of registration, the provider shall show compliance with operating reserve requirements by including with the application:

(i) a letter to the Department from a certified public accountant that states the amount set aside; or

(ii) a certified financial statement that states the amount set aside.

(b) A provider may apply toward the operating reserves required by § 10-420(b) of this subtitle any reserves, except debt service reserves, that are maintained under applicable financing document requirements if the reserves are available to the provider to meet the facility’s operating expenses.

(c) For the purpose of computing a provider’s operating reserves, investments held to the credit of the reserves shall be calculated at their market value as of the end of the provider’s most recent fiscal year for which a certified financial statement is available.
Md. Code, Human Services § 10-444 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-444
§10–444.
Status: reserved

(a) Except as provided in subsection (b)(25) of this section, a requirement of this section does not apply to any continuing care agreement entered into before the effective date of the requirement.

(b) In a form acceptable to the Department, each continuing care agreement shall:

(1) show the total consideration paid by the subscriber for continuing care, including the value of all property transferred, donations, entrance fees, subscriptions, monthly fees, and any other fees paid or payable by or on behalf of a subscriber;

(2) specify all services that are to be provided by the provider to each subscriber, such as food, shelter, medical care, nursing care, or other health related services, including in detail all items that each subscriber will receive, and whether the items will be provided for life or for a designated time period;

(3) designate the classes of subscribers according to types of payment plans;

(4) subject to subsection (c) of this section, describe the procedures to be followed by the provider when the provider temporarily or permanently changes the subscriber’s accommodations within the facility or transfers the subscriber to another health facility;

(5) describe the policies that will be implemented if the subscriber becomes unable to pay the monthly fees;

(6) state the policy of the provider concerning changes in accommodations and the procedure to implement that policy if the number of persons occupying an individual unit changes;

(7) provide in clear and understandable language, in boldface type, and in the largest type used in the body of the agreement:

(i) the terms governing the refund of any portion of the entrance fee if the provider discharges the subscriber or the subscriber cancels the agreement; and

(ii) whether monthly fees, if charged, will be subject to periodic increases;

(8) state the terms under which an agreement is canceled by the death of the subscriber;

(9) provide that charges for care paid in advance in a lump sum may not be increased or changed for the duration of the agreed–upon care;

(10) state that the provider represents that the subscriber has received, at least two weeks before signing the agreement:

(i) the current version of the written rules of the provider;

(ii) the continuing care agreement form, with the attachments, exhibits, and addenda; and

(iii) the current disclosure statement, with the attachments, exhibits, and addenda;

(11) describe the living quarters;

(12) if applicable, state the conditions under which a subscriber may assign a unit for the use of another individual;

(13) state the provider’s religious or charitable affiliations and the extent, if any, to which the affiliate organization is responsible for the provider’s financial and contractual obligations;

(14) state the subscriber’s and provider’s respective rights and obligations concerning:

(i) use of the facility; and

(ii) any real and personal property of the subscriber placed in the provider’s custody;

(15) state that subscribers have the right to organize and operate a subscriber association at the facility and to meet privately to conduct business;

(16) state that there is an internal grievance procedure to address a subscriber’s grievance;

(17) state the fee adjustments, if any, that will be made if the subscriber is voluntarily absent from the facility for an extended period of time;

(18) specify the circumstances, if any, under which the subscriber will be required to apply for Medicaid, Medicare, public assistance, or any public benefit program and whether the facility participates in Medicare or medical assistance;

(19) state that the subscriber received a copy of the latest certified financial statement at least two weeks before signing the agreement and that the subscriber has reviewed the statement;

(20) state that the subscriber acknowledges reviewing all of the terms of the entrance fee refund clauses and provisions contained in the continuing care agreement;

(21) provide that, on request, the provider will make available to the subscriber any certified financial statement submitted to the Department;

(22) if applicable, describe the conditions under which the provider may be issued an initial certificate of registration and the conditions under which the provider may use escrowed deposits, and state the amount of the subscriber’s deposit;

(23) state that fees collected by a provider under the terms of a continuing care agreement may only be used for purposes set forth in the agreement;

(24) include one of the following model statements or a substantially similar statement:

(i) “The provider agrees that, for as long as the subscriber’s continuing care agreement remains in effect, the provider shall only use fees paid by the subscribers of the community for purposes directly related to the construction, operation, maintenance, or improvement of the community.”;

(ii) “The provider does not currently use fees paid by subscribers of the community for purposes other than those directly related to the construction, operation, maintenance, or improvement of the community, but the provider reserves the future right to use fees paid by subscribers of the community for purposes unrelated to the construction, operation, maintenance, or improvement of the community.”; or

(iii) “The provider may use fees paid by subscribers of the community for purposes unrelated to the construction, operation, maintenance, or improvement of the community, including for the furtherance of the provider’s corporate mission, to distribute profits, or to benefit an affiliated community.”;

(25) allow a subscriber to designate a beneficiary to receive any refundable portion of the entrance fee that is owed due to the death of the subscriber on or after the date of occupancy, if the designation is:

(i) in writing;

(ii) witnessed by at least two competent witnesses;

(iii) not contingent; and

(iv) specified in percentages and accounts for 100% of the refund due;

(26) state the funeral and burial services, if any, that the provider will provide;

(27) contain a table of contents;

(28) if the provider offers a continuing care agreement that promises a contractual entrance fee refund after occupancy, state whether the portion of the entrance fee to be refunded is held in trust or escrow for the subscriber after occupancy, and if so held, state where and how the funds are held;

(29) if the payment of a contractual entrance fee refund after occupancy is conditioned on the reoccupancy or recontracting of the subscriber’s unit, state that the provider agrees to make reasonable efforts to satisfy the condition; and

(30) contain the following statement in boldface type and in the largest type used in the agreement: “A preliminary certificate of registration or certificate of registration is not an endorsement or guarantee of this facility by the State of Maryland. The Maryland Department of Aging urges you to consult with an attorney and a suitable financial advisor before signing any documents.”.

(c) A subscriber’s accommodations may be changed only to protect the health or safety of the subscriber or the general and economic welfare of other residents.

(d) A continuing care agreement may contain, in a form acceptable to the Department, any other appropriate provision to effectuate the purpose of the agreement.

(e) (1) This subsection applies if:

(i) a provider’s continuing care agreement includes a provision to provide assisted living program services; and

(ii) the provider does not execute a separate assisted living agreement.

(2) In addition to any other requirement of this section, the continuing care agreement shall include the following provisions concerning the assisted living program:

(i) a statement of the level of care that the assisted living program is licensed to offer;

(ii) a description of the procedures to be followed by the provider for notifying the subscriber of the level of care the subscriber needs if the subscriber transfers to an assisted living program;

(iii) a statement indicating the options available to a subscriber if the subscriber’s level of care, after admission to an assisted living program, exceeds the level of care for which the provider is licensed;

(iv) based on a sample list of assisted living program services that the Maryland Department of Health maintains, a statement of which services are provided by the assisted living program and which services are not;

(v) a statement of the obligations of the provider and the subscriber or the subscriber’s agent for handling the subscriber’s finances;

(vi) a statement of the obligations of the provider and the subscriber or the subscriber’s agent for disposition of the subscriber’s property on the subscriber’s discharge or death; and

(vii) the applicable rate structure and payment provisions covering:

1. all rates to be charged to the subscriber, including:

A. service packages;

B. fee–for–service rates; and

C. any other nonservice–related charges;

2. criteria to be used for imposing additional charges to provide additional services, if the subscriber’s service and care needs change;

3. payment arrangements and fees, if known, for third–party services not covered by the continuing care agreement, but arranged for by the subscriber, the subscriber’s agent, or the assisted living program;

4. identification of the persons responsible to pay all fees and charges and a clear indication of whether the person’s responsibility is or is not limited to the extent of the subscriber’s funds;

5. a provision for notice at least 45 days before any rate increase, except for an increase necessitated by a change in the subscriber’s medical condition; and

6. fair and reasonable billing and payment policies.
Md. Code, Criminal Law § 10-112 — MD Code / Article gcr / Title 10 / Subtitle 1 / Section 10-112
§10–112.
Status: in_force

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

(2) “Department” means the Baltimore City Department of Housing and Community Development, or another department designated by the Mayor of Baltimore City.

(3) “Dumping site” means a location in Baltimore City that is:

(i) owned by the city or the State; and

(ii) identified by the Department as property that has been repeatedly used for the disposal of litter in violation of State law or a local law or ordinance.

(4) (i) “Owner” means the registered owner of a motor vehicle or a lessee of a motor vehicle under a lease of 6 months or more.

(ii) “Owner” does not include:

1. a motor vehicle rental or leasing company; or

2. a holder of a special registration plate issued under Title 13, Subtitle 9, Part III of the Transportation Article.

(5) “Surveillance image” means an image recorded by a surveillance system:

(i) on:

1. a photograph;

2. a micrograph;

3. an electronic image;

4. videotape; or

5. any other medium;

(ii) showing the front or rear of a motor vehicle, and, on at least one image or portion of the tape, clearly identifying the registration plate number of the motor vehicle; and

(iii) showing an individual committing a violation of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter.

(6) “Surveillance system” means a collection of one or more cameras located at a dumping site that produces a surveillance image.

(b) This section applies to a violation of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter that occurs at a dumping site monitored by a surveillance system.

(c) The Department may:

(1) place surveillance systems at dumping sites; and

(2) use surveillance images to enforce the provisions of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter.

(d) (1) Unless the individual committing a violation received a citation from a police officer at the time of the violation, the owner of the vehicle used to commit the violation, or in accordance with subsection (g)(4) of this section, the individual committing the violation, is subject to a civil penalty if the violation and the motor vehicle used to commit the violation are recorded on a surveillance image by a surveillance system while the individual is committing a violation of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter.

(2) A civil penalty under this subsection may not exceed $1,000.

(3) For purposes of this section, the District Court, in consultation with the Department, shall prescribe:

(i) a uniform citation form consistent with subsection (e)(1) of this section and § 7–302 of the Courts Article; and

(ii) a civil penalty, which shall be indicated on the citation, to be paid by persons who choose to prepay the civil penalty without appearing in District Court.

(e) (1) Subject to the provisions of paragraphs (2) through (4) of this subsection, the Department shall mail to the owner liable under subsection (d) of this section a citation that shall include:

(i) the name and address of the registered owner of the vehicle;

(ii) the registration number of the motor vehicle involved in the violation;

(iii) the violation charged;

(iv) the location where the violation occurred;

(v) the date and time of the violation;

(vi) a copy of the surveillance image;

(vii) the amount of the civil penalty imposed and the date by which the civil penalty must be paid;

(viii) a signed statement by a duly authorized agent of the Department that, based on inspection of surveillance images, the motor vehicle was being used by an individual who was committing a violation of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter;

(ix) a statement that surveillance images are evidence of a violation of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter;

(x) information advising the person alleged to be liable under this section of the manner and time in which liability as alleged in the citation may be contested in the District Court; and

(xi) information advising the person alleged to be liable under this section that failure to pay the civil penalty or to contest liability in a timely manner:

1. is an admission of liability;

2. may result in the refusal by the Motor Vehicle Administration to register the motor vehicle; and

3. may result in the suspension of the motor vehicle registration.

(2) The Department may mail a warning notice instead of a citation to the owner liable under subsection (d) of this section.

(3) Except as provided in subsection (g)(4) of this section, the Department may not mail a citation to a person who is not an owner.

(4) Except as provided in subsection (g)(4) of this section, a citation issued under this section shall be mailed no later than 2 weeks after the alleged violation.

(5) A person who receives a citation under paragraph (1) of this subsection may:

(i) pay the civil penalty, in accordance with the instructions on the citation, directly to Baltimore City; or

(ii) elect to stand trial in the District Court for the alleged violation.

(f) (1) A certificate alleging that a violation of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter occurred, sworn to or affirmed by a duly authorized agent of the Department, based on inspection of surveillance images produced by a surveillance system, shall be evidence of the facts contained in the certificate and shall be admissible in a proceeding alleging a violation under this section.

(2) Adjudication of liability shall be based on a preponderance of the evidence.

(g) (1) The District Court may consider in defense of a violation:

(i) subject to paragraph (2) of this subsection, that:

1. the motor vehicle was stolen before the violation occurred and was not under the control or possession of the owner at the time of the violation; or

2. the registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation;

(ii) subject to paragraph (3) of this subsection, evidence that the person named in the citation was not the person in the surveillance image committing the violation of the State illegal dumping and litter control law or a local law or ordinance relating to the unlawful disposal of litter; and

(iii) any other issues and evidence that the District Court deems pertinent.

(2) In order to assert a defense under paragraph (1)(i) of this subsection, the owner shall submit proof that a police report regarding the stolen motor vehicle or registration plates was filed in a timely manner.

(3) In order to satisfy the evidentiary burden under paragraph (1)(ii) of this subsection, the person named in the citation shall provide to the District Court evidence to the satisfaction of the court of the identity of the person in the surveillance image who was actually committing the violation, including, at a minimum, the person’s name and current address.

(4) (i) If the District Court finds that the person named in the citation did not commit the violation or receives evidence under paragraph (3) of this subsection identifying the person who committed the violation, the clerk of the court shall provide the Department with a copy of any evidence substantiating who was operating the vehicle at the time of the violation.

(ii) On receipt of substantiating evidence from the District Court under subparagraph (i) of this paragraph, the Department may issue a citation as provided in subsection (e) of this section to the person that the evidence indicates committed the violation.

(iii) A citation issued under subparagraph (ii) of this paragraph shall be mailed no later than 2 weeks after the receipt of the evidence from the District Court.

(h) If the person named in the citation does not pay the civil penalty and does not contest the violation, the Motor Vehicle Administration may:

(1) refuse to register the motor vehicle cited in the violation; or

(2) suspend the registration of the motor vehicle cited in the violation.

(i) A violation for which a civil penalty is imposed under this section:

(1) may not be recorded by the Motor Vehicle Administration on the driving record of the owner or the driver of the motor vehicle; and

(2) may be treated as a parking violation for purposes of § 26–305 of the Transportation Article.

(j) In consultation with the Department, the Chief Judge of the District Court shall adopt procedures for the issuance of citations, the trial of civil violations, and the collection of civil penalties under this section.
Md. Code, Natural Resources § 10-301 — MD Code / Article gnr / Title 10 / Subtitle 3 / Section 10-301
§10–301.
Status: reserved

(a) In this section, “child” includes:

(1) Foster child;

(2) Foster grandchild;

(3) Grandchild;

(4) Stepchild; and

(5) Stepgrandchild.

(b) (1) To provide a fund to pay the expense of protecting and managing wildlife, and preventing unauthorized persons from hunting them, a person may not hunt or attempt to hunt during open season and in any permitted manner any game birds and mammals in the State without first having procured either a resident or nonresident hunter’s license.

(2) A permanent resident of a government reservation may obtain a resident hunter’s license.

(c) (1) Except as provided in paragraph (2) of this subsection, the following persons are not required to obtain a hunter’s license, bow and arrow stamp, black powder stamp, bonus antlered deer stamp, or sika deer stamp:

(i) With respect to hunting on farmland only:

1. The resident owner of the farmland and the owner’s spouse, child, and child’s spouse;

2. A tenant and the tenant’s spouse, child, and child’s spouse. A tenant is a person holding land under a lease, or a sharecropper who resides in a dwelling on the land, but a tenant does not include any employee of the owner or tenant; and

3. A nonresident owner of a parcel of farmland and the owner’s spouse, child, and child’s spouse if:

A. The parcel of farmland is located in Maryland and an adjacent state;

B. The owner’s primary residence is on the parcel of farmland; and

C. The adjacent state extends similar privileges to a resident of Maryland;

(ii) Any resident who is an active service member while on leave in the State, during the resident’s leave period, if, while hunting, the resident possesses a copy of the resident’s official leave order;

(iii) Any person who is an active service member and has a service–connected disability, if, while hunting, the person possesses valid military identification; and

(iv) Any unarmed person participating in an organized foxhunt.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, in order to qualify for the license and stamp exemption in accordance with paragraph (1) of this subsection, a child or child’s spouse must be eligible to purchase a junior resident or junior nonresident hunting license.

(ii) If a child or child’s spouse is ineligible to purchase a junior resident or junior nonresident hunting license, the child or child’s spouse shall qualify for the license and stamp exemption if the child or child’s spouse:

1. Lives on the farmland;

2. Worked on the farmland for 30 or more days during the prior 12–month period; or

3. Manages the farmland.

(3) (i) In this paragraph, “armed forces” includes the U.S. Coast Guard and the U.S. Merchant Marine.

(ii) Subject to subparagraph (iii) of this paragraph, a person who is a retired former member of the armed forces of the United States is not required to obtain a hunting license to hunt on farmland that is:

1. In active farming status; and

2. Owned by the person or the person’s spouse, child, child’s spouse, parent, grandparent, sibling, niece, or nephew.

(iii) A person who hunts on farmland without a hunting license under this paragraph shall possess:

1. The retired–military identification card of the person;

2. Written permission from the owner of the farm property to hunt on the property that includes:

A. A specified period of time that the person is authorized to hunt on the property; and

B. The relationship of the person to the owner of the property; and

3. Any required hunting stamps.

(d) A person who wishes to obtain a hunting license shall complete and submit an application to the Department or to any person designated by the Department to issue a hunting license.

(e) An applicant for a license issued under this section shall provide all the information required by the Department, including the last four digits of the applicant’s Social Security number, if the applicant has a Social Security number.

(f) Before a hunting license may be issued the applicant for the license shall

acknowledge, as a component of the application, that a hunting license does not of itself permit an individual to hunt on private property.

(g) (1) (i) 1. There is a resident hunting license that enables the purchaser to hunt all legal game birds and mammals during any appropriate season in Maryland without the purchase of additional stamps, unless the purchaser is hunting migratory game birds, deer during bow and arrow season or black powder season, or sika deer.

2. To hunt migratory game birds the purchaser must also buy a Maryland migratory game bird stamp and to hunt wild waterfowl the purchaser must buy both a Maryland migratory game bird stamp and a federal migratory bird hunting and conservation stamp.

3. To hunt deer during bow and arrow season and black powder season the purchaser must also purchase a bow and arrow or black powder stamp.

4. To hunt sika deer the purchaser must also purchase a sika deer stamp.

(ii) 1. There is a nonresident hunting license that enables the purchaser to hunt all legal game birds and mammals during any appropriate season without the purchase of additional stamps unless the purchaser is hunting migratory game birds, deer during bow and arrow season or black powder season, or sika deer.

2. This license enables the purchaser to hunt migratory game birds only with the purchase of a Maryland migratory game bird stamp and to hunt wild waterfowl only with the purchase of both a Maryland migratory game bird stamp and a federal migratory bird hunting and conservation stamp.

3. This license enables the purchaser to hunt deer during bow and arrow season and black powder season only with the purchase of a nonresident bow and arrow or black powder stamp.

4. This license enables the purchaser to hunt sika deer only with the purchase of a nonresident sika deer stamp.

(iii) 1. There is a nonresident 3–day hunting license that enables the purchaser to hunt all legal game birds and mammals except deer and turkey for the 3 consecutive legal hunting days in a single season that are specified on the license by the issuing agent.

2. The purchaser must also purchase a Maryland migratory game bird stamp to hunt migratory game birds and a federal migratory bird hunting and conservation stamp to hunt wild waterfowl with this license.

3. Under no circumstance does this license authorize the purchaser to hunt deer and turkey.

(iv) 1. There is an apprentice hunting license that enables the purchaser to hunt all legal game birds and mammals in a single season without the purchase of additional stamps unless the purchaser is hunting migratory game birds, deer during bow and arrow season or black powder season, or sika deer.

2. This license enables the purchaser to hunt migratory game birds only with the purchase of a Maryland migratory game bird stamp and to hunt wild waterfowl only with the purchase of both a Maryland migratory game bird stamp and a federal migratory bird hunting and conservation stamp.

3. This license enables the purchaser to hunt deer during bow and arrow season and black powder season only with the purchase of a bow and arrow or black powder stamp.

4. This license enables the purchaser to hunt sika deer only with the purchase of a sika deer stamp.

5. A person may obtain an apprentice hunting license on satisfactory completion of a short online or electronic course of instruction in competency in firearms and hunter safety approved by the Department.

6. A. Except as provided in subsubsubparagraph C of this subsubparagraph, a person may hunt under an apprentice hunting license only if accompanied and directly supervised by another person who is at least 18 years of age and possesses a valid resident nonapprentice hunting license issued under this subtitle.

B. A person who accompanies and directly supervises an apprentice hunting licensee shall maintain close visual and verbal contact with, provide adequate direction to, and be in a position to immediately assume control of the firearm of the apprentice hunting licensee.

C. Except for a person participating in a junior hunt approved by the Department, an apprentice hunting licensee who has obtained a certificate of competency in firearms and hunter safety under § 10–301.1 of this subtitle may hunt without supervision.

7. Except as provided in subsubparagraph 8 of this subparagraph, an apprentice hunting license:

A. May be issued to a person only once in the person’s lifetime;

B. May not be renewed; and

C. May not be issued to a person who has previously been issued any hunting license under this subtitle.

8. A. Notwithstanding subsubparagraph 7 of this subparagraph, the Department may issue an apprentice hunting license to a person under the age of 17 years who has previously been issued an apprentice hunting license.

B. The Department shall require an applicant for a second or subsequent apprentice hunting license under this subsubparagraph to repeat the course of instruction in competency in firearms and hunter safety specified under subsubparagraph 5 of this subparagraph.

(2) Residents may purchase a senior hunting license beginning in the calendar year in which they attain the age of 65.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, a nonresident of any age must purchase either a nonresident hunting license or a nonresident 3–day hunting license to hunt in the State.

(ii) A nonresident attending a college or university in the State may purchase a resident hunting license if the nonresident provides to the Department proof that the nonresident is enrolled at a college or university in the State.

(4) Subject to paragraph (7) of this subsection, the fees for hunting and trapping licenses are according to the following schedule:

(i) Resident, junior, under the age of 16 years .............. $15.00

(ii) Resident, regular, at least 16 years old and under the age of 65 years ………………………………………………………………………………...$35.00

(iii) Resident, senior, at least 65 years old ………………….$5.00

(iv) Nonresident, regular, at least 16 years old ............. $160.00

(v) Nonresident, junior, under the age of 16 years …….. $80.00

(vi) Complimentary license authorized to be issued under § 10–303 of this subtitle.................................................................................................. No fee

(vii) Nonresident 3–day hunting license ........................... $65.00

(viii) Resident apprentice ................................................... $15.00

(ix) Nonresident apprentice ............................................. $40.00

(x) Nonresident trapping license .....................................$50.00

(5) The fees for individual hunting stamps are according to the following schedule:

(i) Bow and arrow stamp ………………………………........$6.00

(ii) Nonresident bow and arrow stamp ……………….......$25.00

(iii) Black powder stamp .....................................................$6.00

(iv) Nonresident black powder stamp …………………......$25.00

(v) Maryland migratory game bird stamp ..................... $15.00

(vi) Resident bonus antlered deer stamp ..........................$10.00

(vii) Nonresident bonus antlered deer stamp for each type of deer hunting season .............................................................................................. $25.00

(viii) Resident sika deer stamp ...........................................$10.00

(ix) Nonresident sika deer stamp ................................... $200.00

(6) The fees for furbearer permits are according to the following schedule:

(i) Individual ......................................................................$5.00

(ii) Group ..........................................................................$50.00

(7) The Department shall establish a program to provide discounted hunting licenses and any associated State–issued stamps or permits to Maryland residents who are recipients of the Purple Heart Award.

(h) (1) The person designated to sell the hunting licenses and individual hunting stamps shall issue the hunting licenses and individual hunting stamps and collect the fee prescribed in subsection (g) of this section.

(2) The designated person who sells and issues the hunting licenses and individual hunting stamps shall retain as compensation 75 cents for each resident senior hunting license and individual hunting stamp sold and issued and shall retain as compensation $1.50 for each resident junior, nonresident junior, resident regular, nonresident regular, nonresident senior, and nonresident 3–day hunting license sold and issued.

(i) A hunting license shall be valid for the period August 1 through July 31, of each year.

(j) A hunting license may not be transferred to any other person.

(k) Upon issuing any hunting license, the Department shall furnish the licensee with a list of the names and addresses of every general hospital in the State which offers emergency medical treatment.

(l) When the Department has adequate computer capability, the Department shall compile statistics after the close of the hunting season each year concerning the sale of hunting licenses for the previous season, including the names, addresses, counties of residence, and ages of the persons who purchased the hunting licenses and the types of hunting licenses sold.

(m) Repealed.

(n) The Department may enter into contracts with farmers in the State to reimburse the farmer for planting and leaving grains, grasses, and legumes, including clover, alfalfa, and soybeans, unharvested in the fields in order to be used to provide food or cover for any upland game birds and mammals and wetland game birds in the State.

(o) (1) In this subsection, “Fund” means the Upland Wildlife Habitat Fund.

(2) There is an Upland Wildlife Habitat Fund in the Department.

(3) The purpose of the Fund is to facilitate the implementation and management of upland habitat programs.

(4) The Department shall administer the Fund.

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

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

(6) The Fund consists of:

(i) Voluntary contributions made to the Fund at the time of purchase of a hunting license under this section;

(ii) Any other donations made to the Fund; and

(iii) Any investment earnings of the Fund.

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

1. Providing cost–share assistance to landowners for planting upland wildlife habitat;

2. Providing matching funds to acquire grant funding for upland wildlife habitat programs;

3. Hiring contractual staff to implement upland wildlife habitat programs in the State;

4. Promoting the Fund and upland wildlife habitat programs; and

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

(ii) The Secretary may prioritize the duties under subparagraph (i) of this paragraph to maximize the effectiveness of upland wildlife habitat programs.

(iii) A designated person who sells hunting licenses under this section and who also collects donations for the Fund may retain as compensation 10% of each donation the person receives.

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

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

(9) Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code, State Government § 10-132 — MD Code / Article gsg / Title 10 / Subtitle 1 / Section 10-132
§10–132.
Status: in_force

The purposes of this part are to:

(1) establish a system of executive and legislative evaluation of regulations that will:

(i) determine whether the regulations of a unit:

1. continue to be necessary for the public interest;

2. continue to be supported by statutory authority and judicial opinions; and

3. are obsolete or otherwise are appropriate for amendment or repeal; and

(ii) assist the Executive Branch in being accountable and responsive to the public interest; and

(2) assure that the evaluation takes place in a timely and orderly manner.
Md. Code, Tax - General § 10-829 — MD Code / Article gtg / Title 10 / Subtitle 8 / Section 10-829
§10–829.
Status: in_force

A person who pays salary, wages, or other compensation for personal services for which income tax is not withheld shall give the payee 2 copies of the information return required by § 10-827 of this subtitle.
Md. Code, Criminal Law § 10-615.1 — MD Code / Article gcr / Title 10 / Subtitle 6 / Section 10-615.1
§10–615.
Status: in_force

§10–615.1.

(a) In this section, “owner” means a person who can prove legal title to or ownership of an animal at issue on the date of the seizure.

(b) (1) (i) If an animal is seized under § 10–615 of this subtitle and the owner has filed a petition for return of the animal, an officer or authorized agent of a humane society, or a police officer or any other public official required to protect animals who represents the seizing person, may file a petition to join a proceeding conducted under § 10–615(d)(2) of this subtitle for the reasonable costs of caring for the animal, including the provision of food, water, shelter, and medical care.

(ii) If livestock, as defined by § 1–101 of the Agriculture Article, is seized under § 10–615 of this subtitle and the owner has not filed a petition for return of the animal, an officer or authorized agent of a humane society, or a police officer or any other public official required to protect animals who represents the seizing person, shall file a petition for the continued possession of the livestock and reasonable costs for caring for the livestock, including the provision of food, water, shelter, and medical care.

(2) A petition filed under paragraph (1) of this subsection shall be filed not less than 10 days but not more than 30 days after the seizure of an animal under § 10–615 of this subtitle.

(3) Within 7 days after filing a petition under this subsection, the petitioner shall serve a copy of the petition on the owner or custodian of the animal by personal service or by registered mail to:

(i) the owner’s or custodian’s mailing address;

(ii) the place of business of the owner’s or custodian’s counsel of record; or

(iii) if the owner or custodian is detained pretrial, the detention facility where the owner or custodian is located.

(c) On receipt of a petition filed under § 10–615(d)(2) of this subtitle or subsection (b)(1) of this section, the court shall set a date for a hearing to determine:

(1) whether the seizure of the animal was warranted;

(2) whether the continued possession by the petitioner is warranted;

(3) the responsibility of the owner or custodian for the reasonable costs of care for the seized animal; and

(4) whether the owner or custodian may be allowed to own or possess a new animal during the pending proceeding and until the disposition of any criminal charges relating to the seizure.

(d) (1) A hearing under subsection (c) of this section shall be scheduled not less than 14 days but not more than 21 days from the service of the petition.

(2) Within 7 days after the scheduling of the hearing date, a petitioner shall serve notice of the hearing date on the owner or custodian of the seized animal in the manner described under subsection (b)(3) of this section.

(e) At the hearing under subsection (c) of this section, the petitioner shall demonstrate by a preponderance of the evidence:

(1) the amount of reasonable costs of care for the seized animal;

(2) that the seizure of the animal was warranted; and

(3) that the continued possession of the animal by the petitioner is warranted.

(f) During a hearing under subsection (c) of this section, the owner or custodian of the seized animal shall have the opportunity to:

(1) object to the evidence presented by the petitioner; and

(2) request an alternative disposition of the animal.

(g) (1) (i) Not later than 5 days after the conclusion of a hearing under § 10–615(d)(2) of this subtitle or subsection (b)(1) of this section, the court shall issue an order granting or denying the petitions.

(ii) Reasonable costs of care for a seized animal shall be limited to $15 per day per animal, in addition to necessary medical care, as determined by a licensed veterinarian and documented by invoices.

(iii) Necessary medical care may not exceed $50 per day per animal.

(iv) If the court awards payment of the reasonable cost of care of the seized animal to the petitioner, the court shall:

1. order the owner or custodian of the seized animal to pay any filing fees paid by the petitioner to file the petition under subsection (b) of this section and the amount of reasonable costs of care; and

2. inform the owner or custodian of the animal of the right to petition for an adjustment of the amount of costs for care under paragraph (5) of this subsection.

(v) If the court finds that the seizure of an animal was warranted, the court may prohibit the owner or custodian of the animal from owning or possessing a new animal until the conclusion of any criminal proceedings related to the seizure of the animal.

(2) (i) The court order for filing fees and costs of care shall include a schedule of monthly payments to be paid by the owner or custodian to the clerk of the court beginning 30 days after the initial payment designated in the order.

(ii) The petitioner shall be eligible to draw funds held by the clerk of the court to reimburse its actual costs incurred for care of the animal.

(iii) Payments shall continue until termination under subsection (i) of this section.

(iv) Unless the proceeding involves not more than two animals and the only charges are neglect, the ability to pay by the owner or custodian may not affect the court’s determination as to the amount of the reasonable costs of care.

(3) (i) Not later than 14 days after service of the court order, the owner or custodian shall begin to make payments to the clerk of the court in accordance with the court order.

(ii) The owner or custodian shall continue to make payments as required by the court order until termination under subsection (i) of this section.

(4) If an owner or a custodian fails to timely pay any of the amounts ordered within 30 calendar days:

(i) the seized animal for which reasonable costs of care were ordered shall be automatically forfeited, by operation of law, to the petitioner; and

(ii) the petitioner shall obtain all rights and privileges in and over the animal.

(5) (i) The court, on motion by a petitioner or the owner or custodian, and after notice and a hearing consistent with this section, may:

1. determine whether the continued possession of the animal by the petitioner is warranted; or

2. adjust the amount of costs for care.

(ii) Payments by the owner or custodian shall be suspended until the motion is decided.

(h) (1) (i) Payment for reasonable costs of care by the owner or custodian of the seized animal does not prevent the petitioner from providing necessary medical care, including euthanizing the seized animal.

(ii) The petitioner may euthanize a seized animal if the petitioner obtains a written opinion from a local licensed veterinarian who states it is necessary to alleviate the animal’s suffering.

(iii) Unless immediate euthanasia is considered necessary by a veterinarian under subparagraph (ii) of this paragraph, reasonable notice shall be provided to the owner or custodian before the animal is euthanized.

(2) Payment of reasonable costs of care under subsection (g) of this section may not prevent the petitioner from transferring the seized animal to another facility or caretaker if the court is notified of the transfer in a timely manner.

(i) (1) A court order for costs shall terminate if:

(i) the owner of the animal surrenders all rights to the animal;

(ii) the animal is forfeited to the petitioner under § 10–615(e) of this subtitle or subsection (g)(4) or (l) of this section; or

(iii) the animal dies or is euthanized.

(2) After termination of the order, any unused funds retained by the clerk of the court shall be returned to the owner or custodian of the animal.

(j) A petitioner shall be immune from civil liability for damages alleged by an owner or a custodian concerning the care provided by the petitioner, except for intentional misconduct or gross negligence resulting in the death of the seized animal.

(k) If the owner or custodian of the seized animal is acquitted of all criminal charges and if all costs ordered to be paid under this section have been timely paid, the owner or custodian of the animal is entitled to:

(1) take repossession of the animal; and

(2) a return of all reasonable costs of care paid by the owner or custodian.

(l) If the owner or custodian of the seized animal is convicted of any criminal charges brought in relation to a seizure under § 10–615 of this subtitle, any animals seized shall be forfeited.

(m) This section may not be construed to prevent an officer or authorized agent of a humane society, or a police officer or other public official required to protect animals, from seeking restitution as part of sentencing if a person does not seek costs of care under this section.
Md. Code, Health - General § 10-1002 — MD Code / Article ghg / Title 10 / Subtitle 10 / Section 10-1002
§10–1002.
Status: in_force

(a) A person may not:

(1) Knowingly make a false application or certificate in connection with the admission or detention of any individual; or

(2) Detain an individual in a manner contrary to Subtitle 6 or Subtitle 8 of this title.

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

(c) In addition to any other penalties specified in this section, a person who willfully violates any provision of this section is liable for civil damages sustained by the individual who is admitted or detained unlawfully.
Md. Code, State Finance and Procurement § 10A-403 — MD Code / Article gsf / Title 10A / Subtitle 4 / Section 10A-403
§10A–403.
Status: in_force

(a) This section applies to the project development of the 28–acre State–owned property in Baltimore City bordered by Dolphin Street, North Howard Street, Martin Luther King Boulevard, and Madison Avenue, commonly known as State Center.

(b) Notwithstanding any other provision of this title, the State or its reporting agency may not enter into a new or modified contract or plan for the development of State Center unless the new or modified contract or plan includes provisions that require:

(1) an enforceable community benefits agreement between the developer and the State Center Neighborhood Alliance, Inc. to provide for a concerted and coordinated effort by the developer and the community throughout the entire planning, development, and construction phases of the project;

(2) a comprehensive local hiring plan for the project that includes goals for short–term construction jobs, long–term employment opportunities, and job training; and

(3) an economic improvement plan for the project that includes goals for the use of minority– and women–owned and locally owned businesses.

(c) Any new or modified development contract or plan shall, to the extent possible, include:

(1) State agencies as the major anchor tenant;

(2) space for retail, housing, offices, restaurants, and other private businesses;

(3) a high–quality, full–service grocery store;

(4) parking facilities designed to reduce parking impacts on the surrounding communities;

(5) elements designed to increase the connection of State Center to the surrounding communities; and

(6) green space.

(d) The State or its reporting agency shall include the State Center Neighborhood Alliance, Inc., and any other interested community association in:

(1) any selection process for a new development contractor; and

(2) the development of any new plans for the State Center project or any proposed modifications to existing development contracts for the project.

(e) A developer who is a party to a new contract or plan for the development of State Center shall use best practical efforts to begin construction within 18 months after execution of the new contract and any associated plans.
Md. Code, Local Government § 10-309 — MD Code / Article glg / Title 10 / Subtitle 3 / Section 10-309
§10–309.
Status: in_force

(a) A county may provide for:

(1) the auditing of county accounts; and

(2) assisting the Legislative Auditor or other State officer authorized to audit the county accounts.

(b) A county may provide for proof of claims against the county before their payment.
Md. Code, Natural Resources § 10-309.1 — MD Code / Article gnr / Title 10 / Subtitle 3 / Section 10-309.1
§10–309.
Status: in_force

§10–309.1.

A nonresident may provide waterfowl hunting guide services for hunting snow geese in the State without a Maryland waterfowl hunting guide license if:

(1) The nonresident possesses a valid waterfowl hunting guide license from the nonresident’s home state;

(2) The nonresident’s home state allows a Maryland resident to provide waterfowl hunting guide services for hunting snow geese without a waterfowl hunting license from the nonresident’s home state if the Maryland resident possesses a valid Maryland waterfowl hunting guide license; and

(3) The nonresident purchases a Maryland migratory game bird stamp.
Md. Code, Tax - General § 10-603 — MD Code / Article gtg / Title 10 / Subtitle 6 / Section 10-603
§10–603.
Status: in_force

Unless an act that changes the State income tax rate provides otherwise, if the rate changes on a date other than the 1st day of the taxable year of a person, the person shall compute State income tax using the tax rate that applies to each part of the year.
Md. Code, Human Services § 10-440 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-440
§10–440.
Status: in_force

(a) A provider may not remove a record or asset of the provider related to the operation of a facility or the provision of services under a continuing care agreement from the State unless the Department consents in writing.

(b) Consent shall be based on the provider’s submission of satisfactory evidence that the removal:

(1) will facilitate and make the operations of the provider more economical; and

(2) will not diminish the service or protection to be given to the provider’s subscribers in the State.
Md. Code, Economic Development § 10-511 — MD Code / Article gec / Title 10 / Subtitle 5 / Section 10-511
§10–511.
Status: in_force

The Corporation may:

(1) acquire, improve, develop, manage, market, manufacture, license, maintain, lease as lessor or as lessee, and operate a project in the State to carry out the purposes of the Corporation;

(2) acquire, directly or indirectly, by purchase, gift, or devise, property, rights, rights-of-way, franchises, easements, and other interests in land, including land lying under water and riparian rights, located in or outside the State as necessary or convenient to improve or operate a project, on terms and at prices the Corporation considers reasonable; and

(3) enter into a project with a manufacturer to carry out the purposes of this subtitle.
Md. Code, State Government § 10-1601 — MD Code / Article gsg / Title 10 / Subtitle 16 / Section 10-1601
§10–1601.
Status: in_force

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

(b) “Electronic” means relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities.

(c) “Legal material” means, whether or not in effect, the following:

(1) the Maryland Constitution;

(2) the Session Laws;

(3) the Code of Maryland;

(4) the Maryland Rules;

(5) the Journal of the Senate of Maryland;

(6) the Journal of the House of Delegates of Maryland;

(7) a reported decision of:

(i) the Supreme Court of Maryland; or

(ii) the Appellate Court of Maryland;

(8) an opinion issued by the Office of the Attorney General;

(9) the Code of Maryland Regulations;

(10) a final decision in a contested case issued by a unit of State government under the Administrative Procedure Act; or

(11) the Maryland Register.

(d) “Official publisher” means:

(1) for the Maryland Constitution, the Department of Legislative Services;

(2) for the Session Laws, the Department of Legislative Services;

(3) for the Code of Maryland, the Department of Legislative Services;

(4) for the Maryland Rules, the Supreme Court of Maryland;

(5) for the Journal of the Senate of Maryland, the Department of Legislative Services;

(6) for the Journal of the House of Delegates of Maryland, the Department of Legislative Services;

(7) for a reported decision of a court listed in subsection (c)(7) of this section, the Supreme Court of Maryland;

(8) for an opinion issued by the Office of the Attorney General, the Office of the Attorney General;

(9) for the Code of Maryland Regulations, the Division of State Documents;

(10) for a final decision in a contested case, the unit of State government that issued the decision; or

(11) for the Maryland Register, the Division of State Documents.

(e) “Publish” means to display, present, or release to the public, or cause to be displayed, presented, or released to the public, by the official publisher.

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

(g) “Unit” means an executive agency, a department, a board, a commission, or any other instrumentality of the State.
Md. Code, Natural Resources § 10-603 — MD Code / Article gnr / Title 10 / Subtitle 6 / Section 10-603
§10–603.
Status: in_force

(a) Except while lawfully hunting under the requirements of this subtitle, a person in a boat may not purposely or unnecessarily disturb wild waterfowl.

(b) A person may not hunt wild waterfowl while using a floating device towed by a power boat or a sailboat.

(c) A person may not hunt wild waterfowl from a boat, sinkbox, or device that allows the hunter to be completely concealed beneath the water.

(d) (1) A person may not hunt wild waterfowl from a boat that is propelled by a motor or under sail.

(2) A person may shoot and immediately retrieve lawfully wounded or killed wild waterfowl while in a boat if all forward progress of the boat has ceased and the motor has been shut off.

(3) Crippled birds may be shot from a boat under power in the area open for the special sea duck season.
Md. Code, Business Regulation § 10-205 — MD Code / Article gbr / Title 10 / Subtitle 2 / Section 10-205
§10–205.
Status: in_force

(a) Except as provided in subsection (b) of this section, the Comptroller need not analyze, collect, inspect, or set minimum specifications for liquefied petroleum gas.

(b) If it is necessary to protect the public welfare, liquefied petroleum gas is subject to the same provisions of this title as motor fuel.
Md. Code, Agriculture § 10-805 — MD Code / Article gag / Title 10 / Subtitle 8 / Section 10-805
§10–805.
Status: in_force

(a) No person may pack, possess, expose, store, transport, or represent for sale, or sell apples in closed packages, except as provided in this subtitle.

(b) After receiving a “stop-sale” order, a person may not sell, transport, offer, or expose for sale any apples with respect to which the order is issued.

(c) No person may report falsely, or with intent to deceive, any requirement of this subtitle.
Md. Code, Economic Development § 10-113 — MD Code / Article gec / Title 10 / Subtitle 1 / Section 10-113
§10–113.
Status: in_force

(a) The Corporation shall establish a system of financial accounting, controls, audits, and reports.

(b) The fiscal year of the Corporation begins on July 1 and ends on the following June 30.
Md. Code, State Government § 10-114 — MD Code / Article gsg / Title 10 / Subtitle 1 / Section 10-114
§10–114.
Status: in_force

(a) After adopting a regulation, a unit shall submit to the Administrator a notice of adoption, for publication in the Register.

(b) If the text of the adopted regulation is the same or substantially similar to the proposed regulation, the notice shall:

(1) state that the texts are the same or substantially similar;

(2) cite the date of the Register in which the proposed regulation was published; and

(3) show each change in the text with the symbols that the Administrator requires.
Md. Code, Economic Development § 10-652.3 — MD Code / Article gec / Title 10 / Subtitle 6 / Section 10-652.3
§10–652.
Status: in_force

§10–652.3.

(a) In this section, “Fund” means the Camden Yards Football Sports Facility Capital Works Fund.

(b) There is a Camden Yards Football Sports Facility Capital Works Fund.

(c) The purpose of the Fund is to enable the Authority to pay all expenses related to capital improvements and repairs at the Camden Yards football sports facility.

(d) The Authority shall administer the Fund.

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

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

(f) The Fund consists of:

(1) money appropriated in the State budget to the Fund;

(2) to the extent considered appropriate by the Authority, proceeds from the sale of bonds concerning the Camden Yards football sports facility;

(3) interest earnings; and

(4) any other money from any other source accepted for the benefit of the Fund.

(g) (1) The Fund may be used only for:

(i) capital improvements or capital repairs at or for the benefit of the Camden Yards football sports facility; and

(ii) to the extent funds in the Camden Yards Football Sports Facility Emergency Repair Fund established under § 10–652.4 of this subtitle are insufficient, emergency repairs.

(2) The Fund may not be:

(i) pledged to or charged with Authority borrowing;

(ii) used for payment of debt service; or

(iii) used for the associated charges, expenses, or management of Authority obligations related to Authority bonds.

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

(2) Any interest earnings of the Fund shall be credited to the Fund.

(3) No part of the Fund may revert or be credited to the General Fund of the State or any special fund of the State.
Md. Code, Land Use § 10-102 — MD Code / Article glu / Title 10 / Subtitle 1 / Section 10-102
§10–102.
Status: in_force

(a) A regulation adopted under this title that conflicts with any statute, local law, or other regulation shall govern if the regulation adopted under this title:

(1) requires a greater width or size of yards, courts, or other open spaces;

(2) requires a lower height of buildings;

(3) requires a reduced number of stories;

(4) requires a greater percentage of lot left unoccupied; or

(5) imposes a more restrictive standard.

(b) A statute, local law, or other regulation that conflicts with a regulation adopted under this title shall govern if the statute, local law, or other regulation:

(1) requires a greater width or size of yards, courts, or other open spaces;

(2) requires a lower height of buildings;

(3) requires a reduced number of stories;

(4) requires a greater percentage of lot left unoccupied; or

(5) imposes a more restrictive standard.
Md. Code, Health - General § 10-812 — MD Code / Article ghg / Title 10 / Subtitle 8 / Section 10-812
§10–812.
Status: in_force

(a) The Behavioral Health Administration may ask the Developmental Disabilities Administration to accept primary responsibility for an individual in or eligible for admission to a mental health residential facility, if the Behavioral Health Administration finds that the individual would be provided for more appropriately in a program for individuals with developmental disability.

(b) The Developmental Disabilities Administration shall determine whether transfer to a program for individuals with developmental disability is appropriate.

(c) A dispute over a transfer of an individual from the Behavioral Health Administration to the Developmental Disabilities Administration shall be resolved, in accordance with procedures that the Secretary sets, on request of:

(1) The Behavioral Health Administration; or

(2) The Developmental Disabilities Administration.

(d) The Director of the Behavioral Health Administration shall give an individual the opportunity for a hearing on the proposed transfer.
Md. Code, Economic Development § 10-228 — MD Code / Article gec / Title 10 / Subtitle 2 / Section 10-228
§10–228.
Status: in_force

(a) Each year, the Authority shall submit a report to the Governor and, in accordance with § 2-1257 of the State Government Article, the General Assembly.

(b) The report shall include a financial statement covering the operations of developments during the preceding fiscal year.
Md. Code, Financial Institutions § 10-102 — MD Code / Article gfi / Title 10 / Subtitle 1 / Section 10-102
§10–102.
Status: in_force

There is a State of Maryland Deposit Insurance Fund Corporation in the Maryland Department of Labor.
Md. Code, Family Law § 10-345 — MD Code / Article gfl / Title 10 / Subtitle 3 / Section 10-345
§10–345.
Status: in_force

(a) A nonregistering party seeking to contest the validity or enforcement of a registered order in this State shall request a hearing within the time required by § 10–344 of this subtitle. The nonregistering party may seek to vacate the registration, to assert any defense to an allegation of noncompliance with the registered order, or to contest the remedies being sought or the amount of any alleged arrearages pursuant to § 10–346 of this subtitle.

(b) If the nonregistering party fails to contest the validity or enforcement of the registered support order in a timely manner, the order is confirmed by operation of law.

(c) If a nonregistering party requests a hearing to contest the validity or enforcement of the registered order, the registering tribunal shall schedule the matter for hearing and give notice to the parties of the date, time, and place of the hearing.
Md. Code, Economic Development § 10-131 — MD Code / Article gec / Title 10 / Subtitle 1 / Section 10-131
§10–131.
Status: in_force

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

(2) “Corporation student housing project” means housing that is:

(i) a residence hall, dormitory, or other housing units established under this subtitle;

(ii) owned or operated by the Corporation; and

(iii) on land leased by the Corporation from the University System of Maryland.

(3) “Occupancy agreement” means a lease, license, or housing contract for any Corporation student housing project.

(b) (1) An institution of higher education that leases land to the Corporation for the purpose of providing student housing shall provide the following information when a student applies to be a resident of either a Corporation student housing project or a residence hall that is owned by the institution of higher education:

(i) the names of all residences that a student may occupy;

(ii) an indication of those residences that are Corporation student housing projects; and

(iii) in plain language, a differentiation of the implications of the following required occupancy agreement provisions for students living in Corporation student housing projects compared to students living in residence halls that are owned by the institution of higher education:

1. termination;

2. force majeure;

3. parties to the agreement; and

4. start and end dates to the occupancy period.

(2) The information required under paragraph (1)(iii) of this subsection shall include a statement that:

(i) Corporation student housing projects are not owned or operated by the institution of higher education;

(ii) the occupancy agreement that is required prior to taking possession of a unit in a Corporation student housing project is an agreement between the Corporation and the student and not between the student and the institution of higher education; and

(iii) explains the student’s liability for rental payments if the student voluntarily or involuntarily vacates the Corporation student housing project.

(c) (1) An occupancy agreement between the Corporation and a student living in a Corporation student housing project shall:

(i) indicate each reference to the Corporation in bold type;

(ii) state that the Corporation is the owner of the Corporation student housing project;

(iii) provide contact information for the management company of the Corporation student housing project; and

(iv) in plain language, provide a differentiation of the implications of the following required occupancy agreement provisions for students living in Corporation student housing projects compared to students living in residence halls that are owned by the institution of higher education:

1. termination;

2. force majeure;

3. parties to the agreement; and

4. start and end dates to the occupancy period.

(2) The information required under paragraph (1)(iv) of this subsection shall include a statement that:

(i) Corporation student housing projects are not owned or operated by the institution of higher education;

(ii) the occupancy agreement that is required prior to taking possession of a unit in a Corporation student housing project is an agreement between the Corporation and the student and not between the student and the institution of higher education; and

(iii) explains the student’s liability for rental payments if the student voluntarily or involuntarily vacates the Corporation student housing project.
Md. Code, Economic Development § 10-851 — MD Code / Article gec / Title 10 / Subtitle 8 / Section 10-851
§10–851.
Status: in_force

(a) The Center, its agent, or its lessee is not required to pay a tax or assessment on:

(1) a project or property that it acquires or uses under this subtitle; or

(2) the income from that project or property.

(b) The principal of and interest on bonds, the transfer of bonds, and any income derived from the bonds, including profits made in their sale or transfer, are forever exempt from all State and local taxes.
Md. Code, Real Property § 10-301 — MD Code / Article grp / Title 10 / Subtitle 3 / Section 10-301
§10–301.
Status: in_force

(a) If, in connection with the sale and purchase of a new single–family residential unit, the construction of which has not begun or, if begun, is not completed at the time of contracting the sale, the vendor or builder obligates the purchaser to pay and the vendor or builder receives any sum of money before completion of the unit and grant of the realty to the purchaser, the builder or vendor shall:

(1) Deposit or hold the sum in an escrow account segregated from all other funds of the vendor or builder to assure the return of the sum to the purchaser in the event the purchaser becomes entitled to a return of the sum;

(2) Obtain and maintain a corporate surety bond in the form and in the amounts set forth in § 10–302 of this subtitle, conditioned on the return of the sum to the purchaser in the event the purchaser becomes entitled to the return of the money; or

(3) Obtain and maintain an irrevocable letter of credit issued by a Maryland bank in the form and in the amounts set forth in § 10–303 of this subtitle.

(b) (1) Except as provided in paragraph (2) of this subsection, the vendor or builder shall maintain the escrow account, surety bond, or irrevocable letter of credit until the happening of the earlier of:

(i) The granting of a deed to the property on which a completed residential unit is located to the purchaser;

(ii) The return of the sum of money to the purchaser; or

(iii) The forfeiture of the sum by the purchaser, under the terms of the contract of sale relating to the purchase of the residential unit.

(2) The vendor or builder may make withdrawals from an escrow account established under subsection (a)(1) of this section that consists of sums received to finance the construction of a residential unit to pay, in accordance with a draw schedule agreed to by the purchaser in writing, documented claims of persons who have furnished labor or material for the construction of the residential unit.

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

(ii) “Banking institution” has the meaning stated in § 1–101 of the Financial Institutions Article.

(iii) “National banking association” has the meaning stated in § 1–101 of the Financial Institutions Article.

(2) A banking institution or national banking association at which an escrow account established under subsection (a)(1) of this section is maintained is not responsible for a withdrawal from the escrow account made by the vendor or builder.
Md. Code, Insurance § 10-6A-05 — MD Code / Article gin / Title 10 / Subtitle 6A / Section 10-6A-05
§10–6A–05.
Status: in_force

(a) Except as provided in subsection (b) of this section, an insurance policy sold in connection with, and incidental to, a peer–to–peer car sharing program agreement under the provisions of this subtitle is primary to any other valid and collectible coverage.

(b) Any insurance sold to a shared vehicle driver under the provisions of this subtitle is not primary to the coverage provided by the peer–to–peer car sharing program under § 19–520(d)(1) of this article.
Md. Code, Courts and Judicial Proceedings § 10-702 — MD Code / Article gcj / Title 10 / Subtitle 7 / Section 10-702
§10–702.
Status: in_force

This subtitle applies to a foreign judgment that is final, conclusive, and enforceable where rendered even though an appeal is pending or it is subject to appeal.
Md. Code, Human Services § 10-463 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-463
§10–463.
Status: in_force

In this part, “Committee” means the Financial Review Committee established in § 10-464 of this subtitle.
Md. Code, Economic Development § 10-612.1 — MD Code / Article gec / Title 10 / Subtitle 6 / Section 10-612.1
§10–612.
Status: in_force

§10–612.1.

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

(2) “Fund” means the Michael Erin Busch Sports Fund established under § 10–612.2 of this subtitle.

(3) “Program” means the Youth and Amateur Sports Grants Program.

(b) (1) There is a Youth and Amateur Sports Grants Program.

(2) The purpose of the Program is to provide grants from the Fund to:

(i) bring new youth and amateur sporting events to the State; and

(ii) attract sports fans, participants, and tourists.

(c) Maryland Sports shall implement and administer the Program in accordance with this section.

(d) (1) Maryland Sports may award grants from the Fund to nonprofit organizations, counties, business entities, or individuals to assist with the costs of bringing youth and amateur sporting events to the State, including the costs of capital projects or maintenance.

(2) In awarding grants, Maryland Sports shall give priority to an applicant for a sporting event that:

(i) has demonstrated financial support from a county; or

(ii) has provided assurance that a majority of the needed funding has been raised from private sources.

(3) To the extent practicable, Maryland Sports shall make awards to grantees that reflect:

(i) the geographic diversity of the State;

(ii) sports programs that are gender–specific and nonspecific; and

(iii) diverse types of sports.

(4) Unless the Authority expressly approves otherwise, the total amount of grants awarded to each nonprofit organization, county, business entity, or individual may not exceed $75,000 in a fiscal year.

(5) In accordance with a budget approved by the Authority, Maryland Sports may use money in the Fund to pay administrative and operating costs of the Program, including costs to market and advertise the Program.

(e) The Authority may adopt regulations to carry out this section.
Md. Code, Economic Development § 10-134 — MD Code / Article gec / Title 10 / Subtitle 1 / Section 10-134
§10–134.
Status: in_force

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

(2) “Fund” means the Strategic Infrastructure Revolving Loan Fund.

(3) “Priority funding area” means an area identified under § 5–7B–02 of the State Finance and Procurement Article.

(4) “Program” means the Strategic Infrastructure Revolving Loan Program.

(5) “Sustainable community” means an area designated under § 6–205 of the Housing and Community Development Article.

(6) “Transit–oriented development” has the meaning stated in § 7–101 of the Transportation Article.

(b) (1) There is a Strategic Infrastructure Revolving Loan Program in the Maryland Economic Development Corporation.

(2) The purpose of the Program is to make loans for targeted investments in real estate and infrastructure projects to support transformative place–making, enhance transit–oriented development, enhance community development, and achieve inclusive and equitable economic growth objectives, with a focus on bringing underutilized assets into performance and generating revenue.

(c) (1) There is a Strategic Infrastructure Revolving Loan Fund in the Corporation.

(2) The purpose of the Fund is to provide loans for the cost of infrastructure projects that meet the purposes of the Program.

(3) The Corporation 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) money appropriated in the State budget to the Fund;

(ii) premiums, fees, interest payments, and principal payments on loans made under this section; and

(iii) any other money from any other source accepted for the benefit of the Fund.

(6) The Fund may be used only for loans made under the Program.

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

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

(d) (1) An applicant for a loan under this section shall submit to the Corporation an application on the form that the Corporation requires.

(2) The application shall include:

(i) a detailed strategic plan for the targeted investment;

(ii) the amount of money required for the activities described in the strategic plan;

(iii) the money available to the applicant without financial assistance from the Program;

(iv) the amount of financial assistance requested from the Program;

(v) information relating to the financial status of the applicant, including, if applicable:

1. a current balance sheet;

2. a profit and loss statement; and

3. credit references; and

(vi) any other relevant information that the Corporation requests.

(3) An applicant is eligible for a loan under the Program for projects located in a sustainable community, priority funding area, or transit–oriented development area.

(4) The Corporation shall establish an Advisory Loan Committee to review loan applications and make recommendations to the Corporation on approval.

(5) In making loans, the Corporation shall prioritize projects that:

(i) activate underutilized property owned by the government and institutions;

(ii) offer significant development or redevelopment value;

(iii) leverage private investment; and

(iv) have the potential for significant job growth or retention.

(6) Loans may be used:

(i) to acquire property, including vacant sites;

(ii) for design and development of a project; and

(iii) for rehabilitation, construction, and demolition.

(e) The Corporation may set the terms and conditions for loans made under the Program, including the length of the loan term and renewals, appropriate fees, and loan amount per applicant.

(f) (1) The Corporation shall prepare the loan documents.

(2) The loan documents shall include:

(i) the interest rate on the loan;

(ii) the amount of the loan;

(iii) repayment provisions for the loan; and

(iv) any other provision that the Corporation determines is necessary, including a provision on taking liens and security interests in real or personal property.

(g) (1) If a recipient of a loan under this section violates any provision of the loan documents or ceases to meet the requirements of this section, the Corporation may, on reasonable notice to the loan recipient:

(i) withhold further advances of loan proceeds until the loan recipient complies with the agreement or requirements; or

(ii) exercise any other remedy provided in the loan documents.

(2) (i) If a loan made under this section is in default, the Corporation may foreclose on a mortgage or deed of trust held as security for the loan in the manner provided under the Maryland Rules for foreclosures in private transactions.

(ii) The Corporation may take title in the Corporation’s name to any property foreclosed and convey title to a bona fide purchaser.

(h) The Corporation shall adopt regulations to carry out this section.
Md. Code, Health - General § 10-404 — MD Code / Article ghg / Title 10 / Subtitle 4 / Section 10-404
§10–404.
Status: in_force

In Part II of this subtitle, “Board” means a citizens’ advisory board for a State facility.
Md. Code, Insurance § 10-501 — MD Code / Article gin / Title 10 / Subtitle 5 / Section 10-501
§10–501.
Status: in_force

In this subtitle, “adjuster” or “appraiser” means a person that:

(1) is employed by an insurer as, solicits business as, or represents to an insurer that the person is an adjuster or appraiser of claims for loss or damage covered by a motor vehicle insurance policy; or

(2) under a contract, performs adjustments or appraisals for loss or damage covered by another form of security provided for under § 17-103(a)(2) of the Transportation Article.
Md. Code, Courts and Judicial Proceedings § 10-104 — MD Code / Article gcj / Title 10 / Subtitle 1 / Section 10-104
§10–104.
Status: in_force

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

(2) “Health care provider” means:

(i) A health care provider, as defined in § 3-2A-01 of this article;

(ii) An ambulatory surgical facility;

(iii) An inpatient facility that is organized primarily in the rehabilitation of disabled persons, through an integrated program of medical and other service provided under competent professional supervision;

(iv) A home health agency, as defined in § 19-401 of the Health - General Article;

(v) Any health institution, service, or program for which a certificate of need is required under Title 19 of the Health - General Article; or

(vi) A person who is:

1. Substantially similar to a health care provider described in items (i) through (v) of this paragraph; and

2. Regulated by another state to provide health care services.

(3) “State” means a state of the United States or the District of Columbia.

(b) (1) The provisions of this section apply only to a claim for:

(i) Damages for personal injury;

(ii) Medical, hospital, or disability benefits under §§ 19-505 and 19-506 of the Insurance Article;

(iii) First party motor vehicle benefits under §§ 19-509 and 19-510 of the Insurance Article; and

(iv) First party health insurance benefits.

(2) This section does not apply to an action for damages filed under Title 3, Subtitle 2A of this article.

(3) Subject to the provisions of paragraphs (1) and (2) of this subsection, the provisions of this section apply to a proceeding in:

(i) The District Court; or

(ii) A circuit court if the amount in controversy in the action in the circuit court does not exceed the amount specified in § 4-401 of this article for that type of action.

(c) (1) A writing or record of a health care provider described in this section is admissible under this section if:

(i) The writing or record is offered in the trial of a civil action in the District Court or a circuit court;

(ii) At least 60 days, except as provided in paragraph (2) of this subsection, before the beginning of the trial, the party who intends to introduce the writing or record:

1. Serves notice of the party’s intent to introduce the writing or record without the support of a health care provider’s testimony, a list that identifies each writing or record, and a copy of the writing or record on all other parties as provided under Maryland Rule 1-321; and

2. Files notice of service and the list that identifies each writing or record with the court; and

(iii) The writing or record is otherwise admissible.

(2) A party who receives a notice under paragraph (1) of this subsection and intends to introduce another writing or record of a health care provider without a health care provider’s testimony shall:

(i) Serve a notice of intent, a list that identifies each writing or record, and a copy of the writing or record at least 30 days before the beginning of the trial; and

(ii) File notice of service and the list that identifies each writing or record with the court.

(3) The list required under paragraphs (1) and (2) of this subsection shall include:

(i) The name of the health care provider for each writing or record; and

(ii) The date of each writing or record of the health care provider or each date of treatment by the health care provider.

(d) (1) A writing or record of a health care provider made to document a medical, dental, or other health condition, a health care provider’s opinion, or the providing of health care is admissible without the support of the testimony of a health care provider as the maker or the custodian of the writing or record as evidence of the existence of a medical, dental, or health condition, the opinion, and the necessity and the providing of health care.

(2) A finder of fact may attach whatever weight to a writing or record that the finder of fact deems appropriate.

(e) (1) A written statement or bill for health care expenses is admissible without the support of the testimony of a health care provider as the maker or the custodian of the statement or bill as evidence of the amount, fairness, and reasonableness of the charges for the services or materials provided.

(2) A finder of fact may attach whatever weight to a writing or record that the finder of fact deems appropriate.

(f) Nothing contained in this section may be construed to limit the right of a party to:

(1) Request a summons to compel the attendance of a witness;

(2) Examine a witness who appears at trial; or

(3) Engage in discovery as provided under the Maryland Rules.
Md. Code, Tax - General § 10-722 — MD Code / Article gtg / Title 10 / Subtitle 7 / Section 10-722
§10–722.
Status: in_force

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

(2) “Administration” means the Maryland Energy Administration.

(3) (i) “Allowable costs” means amounts properly chargeable to capital account, other than for land, that are paid or incurred on or after July 1, 2001, for:

1. construction or rehabilitation;

2. commissioning costs;

3. interest paid or incurred during the construction or rehabilitation period;

4. architectural, engineering, and other professional fees allocable to construction or rehabilitation;

5. closing costs for construction, rehabilitation, or mortgage loans;

6. recording taxes and filing fees incurred with respect to construction or rehabilitation; and

7. finishes and furnishings consistent with the regulations adopted by the Administration under this section, lighting, plumbing, electrical wiring, and ventilation.

(ii) “Allowable costs” does not include:

1. the cost of telephone systems and computers, other than electrical wiring costs;

2. legal fees allocable to construction or rehabilitation;

3. site costs, including temporary electric wiring, scaffolding, demolition costs, and fencing and security facilities;

4. finishes or furnishings that are not consistent with the regulations adopted by the Administration under this section; or

5. the cost of purchasing or installing fuel cells, wind turbines, or photovoltaic modules.

(4) “Applicable energy efficiency standards” means ASHRAE/IESNA Standard 90.1–1999, Energy Standard for Buildings Except Low–Rise Residential Buildings, published by the American Society of Heating, Refrigerating and Air–Conditioning Engineers.

(5) “Base building” means all areas of a building not intended for occupancy by a tenant or owner, including the structural components of the building, exterior walls, floors, windows, roofs, foundations, chimneys and stacks, parking areas, mechanical rooms and mechanical systems, and owner–controlled or operated service spaces, sidewalks, main lobby, shafts and vertical transportation mechanisms, stairways, and corridors.

(6) “Commissioning” means:

(i) the testing and fine–tuning of heat, ventilating, and air–conditioning systems and other systems to assure proper functioning and adherence to design criteria; and

(ii) the preparation of system operation manuals and instruction of maintenance personnel.

(7) “Credit allowance year” means the later of:

(i) the taxable year during which:

1. the property, construction, completion, or rehabilitation on which the credit allowed under this section is based is originally placed in service; or

2. a fuel cell, wind turbine, or photovoltaic module constitutes a qualifying alternate energy source and is fully operational; or

(ii) the earliest taxable year for which the credit may be claimed under the initial credit certificate issued under subsection (k) of this section.

(8) “Eligible building” means a building located in the State that:

(i) 1. is a building used primarily for nonresidential purposes if the building contains at least 20,000 square feet of interior space;

2. is a residential multifamily building with at least 12 dwelling units that contains at least 20,000 square feet of interior space; or

3. is any combination of buildings described in item 1 or 2 of this item;

(ii) in the case of a newly constructed building for which a certificate of occupancy was not issued before July 1, 2001:

1. is located on a qualified brownfields site, as defined under § 5–301 of the Economic Development Article; or

2. A. is located in a priority funding area under § 5–7B–02 of the State Finance and Procurement Article; and

B. is not located on wetlands, the alteration of which requires a permit under § 404 of the federal Clean Water Act, 33 U.S.C. § 1344; and

(iii) in the case of a rehabilitation of a building:

1. is located in a priority funding area under § 5–7B–02 of the State Finance and Procurement Article or on a qualified brownfields site as defined under § 5–301 of the Economic Development Article; or

2. is not an increase of more than 25% in the square footage of the building.

(9) “Fuel cell” means a device that produces electricity directly from hydrogen or hydrocarbon fuel through a noncombustive electrochemical process.

(10) “Green base building” means a base building that is part of an eligible building and meets the requirements set out in subsection (i) of this section.

(11) “Green tenant space” means tenant space in a building if the building is an eligible building and the tenant space meets the requirements of subsection (j) of this section.

(12) “Green whole building” means a building for which the base building is a green base building and all tenant space is green tenant space.

(13) “Incremental cost of building–integrated photovoltaic modules” means:

(i) the cost of building–integrated photovoltaic modules and any associated inverter, additional wiring or other electrical equipment for the photovoltaic modules, or additional mounting or structural materials, less the cost of spandrel glass or other building material that would have been used if building–integrated photovoltaic modules were not installed;

(ii) incremental labor costs properly allocable to on–site preparation, assembly, and original installation of photovoltaic modules; and

(iii) incremental costs of architectural and engineering services and designs and plans directly related to the construction or installation of photovoltaic modules.

(14) “Qualifying alternate energy sources” means building–integrated and nonbuilding–integrated photovoltaic modules, wind turbines, and fuel cells installed to serve the base building or tenant space that:

(i) have the capability to monitor their actual power output;

(ii) are fully commissioned upon installation, and annually thereafter, to ensure that the systems meet their design specifications; and

(iii) in the case of wind turbines, meet any applicable noise ordinances.

(15) “Tenant improvements” means improvements that are necessary or appropriate to support or conduct the business of a tenant or occupying owner.

(16) “Tenant space” means the portion of a building intended for occupancy by a tenant or occupying owner.

(b) (1) An individual or a corporation may claim a credit against the State income tax as provided under this section for green buildings and green building components.

(2) If the credit allowed under this section exceeds the State income tax, any unused credit may be carried forward and applied for succeeding taxable years until the earlier of:

(i) the full amount of the credit is used; or

(ii) the expiration of the 10th year after the taxable year for which the credit was allowed.

(3) For each of the credits under subsections (c) through (h) of this section, the credit may not be allowed for any taxable year unless:

(i) the taxpayer has obtained and filed an initial credit certificate and an eligibility certificate issued under subsection (k) of this section;

(ii) a certificate of occupancy for the building has been issued; and

(iii) the property with respect to which the credit is claimed is in service during the taxable year.

(4) The total amount allowed in the aggregate for all credits under this section may not exceed the maximum set forth in the initial credit certificate obtained under subsection (k) of this section.

(5) In determining the amount of the credits under this section, a cost paid or incurred may not be the basis for more than one credit.

(c) (1) For the taxable year that is the credit allowance year, an owner or tenant may claim a credit in an amount equal to 8% of the allowable costs paid or incurred by the owner or tenant for the construction of a green whole building or the rehabilitation of a building that is not a green whole building to be a green whole building.

(2) The allowable costs used to determine the credit amount allowed under this subsection for a green whole building may not exceed in the aggregate:

(i) $120 per square foot for that portion of the building that comprises the base building; and

(ii) $60 per square foot for that portion of the building that comprises the tenant space.

(d) (1) For the taxable year that is the credit allowance year, an owner may claim a credit in an amount equal to 6% of the allowable costs paid or incurred by the owner for the construction of a green base building or the rehabilitation of a building that is not a green base building to be a green base building.

(2) The allowable costs used to determine the credit amount allowed under this subsection for a green base building may not exceed, in the aggregate, $120 per square foot.

(e) (1) For the taxable year that is the credit allowance year, an owner or tenant may claim a credit in an amount equal to 6% of the allowable costs for tenant improvements paid or incurred by the owner or tenant in the construction or completion of green tenant space or the rehabilitation of tenant space that is not green tenant space to be green tenant space.

(2) (i) The allowable costs used to determine the credit amount allowed under this subsection for green tenant space may not exceed, in the aggregate, $60 per square foot.

(ii) If an owner and tenant both incur allowable costs for tenant improvements under this subsection and the costs exceed $60 per square foot in the aggregate, the owner has priority as to costs constituting the basis for the green tenant space credit under this subsection.

(3) The credit under this subsection for green tenant space may not be claimed by an owner of a building that occupies fewer than 10,000 square feet of the building.

(4) The credit under this subsection for green tenant space may not be claimed by a tenant that occupies fewer than 5,000 square feet.

(f) (1) For the taxable year that is the credit allowance year, an owner or tenant may claim a credit in the amount determined under this subsection for the installation of a fuel cell that is a qualifying alternate energy source and is installed to serve a green whole building, green base building, or green tenant space.

(2) The amount of the credit allowed under this subsection is 30% of the sum of the capitalized costs paid or incurred by an owner or tenant with respect to each fuel cell installed, including the cost of the foundation or platform and the labor costs associated with installation.

(3) The costs used to determine the credit amount allowed under this subsection for installation of a fuel cell:

(i) may not exceed $1,000 per kilowatt of installed DC rated capacity of the fuel cell; and

(ii) shall be reduced by the amount of any federal, State, or local grant:

1. received by the taxpayer and used for the purchase or installation of the fuel cell; and

2. not included in the federal gross income of the taxpayer.

(g) (1) For the taxable year that is the credit allowance year, an owner or tenant may claim a credit in the amount determined under this subsection for the installation of photovoltaic modules that constitute a qualifying alternate energy source and are installed to serve a green whole building, green base building, or green tenant space.

(2) The amount of the credit allowed under this subsection is:

(i) 20% of the incremental cost paid or incurred by an owner or tenant for building–integrated photovoltaic modules; and

(ii) 25% of the cost of nonbuilding–integrated photovoltaic modules, including the cost of the foundation or platform and the labor costs associated with installation.

(3) The costs used to determine the credit amount allowed under this subsection for installation of photovoltaic modules:

(i) may not exceed the product obtained by multiplying $3 times the number of watts included in the DC rated capacity of the photovoltaic modules; and

(ii) shall be reduced by the amount of any federal, State, or local grant:

1. received by the taxpayer and used for the purchase or installation of the photovoltaic equipment; and

2. not included in the federal gross income of the taxpayer.

(h) (1) For the taxable year that is the credit allowance year, an owner or tenant may claim a credit in the amount determined under paragraph (2) of this subsection for the installation of a wind turbine that is a qualifying alternate energy source and is installed to serve a green whole building, green base building, or green tenant space.

(2) The amount of the credit allowed under this subsection is 25% of the sum of the capitalized costs paid or incurred by an owner or tenant with respect to each wind turbine installed, including the cost of the foundation or platform and the labor costs associated with installation.

(i) (1) By regulation, the Administration shall adopt standards for a building to qualify as a green base building eligible for the tax credits under this section that are consistent with the criteria for green base buildings set forth by the United States Green Building Council or other similar criteria.

(2) The regulations adopted under this subsection shall provide that the energy use shall be no more than 65% for new construction of a base building, or 75% in the case of rehabilitation of a base building, of the energy use attributable to a reference building that meets the requirements of applicable energy efficiency standards.

(j) (1) By regulation, the Administration shall adopt standards for tenant space to qualify as green tenant space eligible for the tax credits under this section that are consistent with the criteria for green tenant space set forth by the United States Green Building Council or other similar criteria.

(2) The regulations adopted under this subsection shall provide that the energy use shall be no more than 65% for new construction, or 75% in the case of rehabilitation, of the energy use attributable to a reference building that meets the requirements of applicable energy efficiency standards.

(k) (1) (i) On application by a taxpayer, the Administration shall issue an initial credit certificate if the taxpayer has made a showing that the taxpayer is likely within a reasonable time to place in service property for which a credit under this section would be allowed.

(ii) The initial credit certificate issued under this paragraph:

1. shall state the earliest taxable year for which the credit may be claimed and an expiration date; and

2. shall apply only to property placed in service on or before the expiration date.

(iii) To avoid unwarranted hardship, the Administration at its discretion may extend the expiration date stated under an initial credit certificate.

(iv) The initial credit certificate shall state the maximum amount of credit allowable in the aggregate for all credits allowed under this section.

(v) The Administration may not issue initial credit certificates, in the aggregate, for more than $25,000,000 worth of credits.

(vi) Except as provided in subparagraph (vii) of this paragraph, initial credit certificates shall be limited in their applicability, as follows:

Credits in the aggregate With respect to taxable years

may not be allowed beginning:

for more than:

$1 million 2003

$2 million 2004

$3 million 2005

$4 million 2006

$5 million 2007

$4 million 2008

$3 million 2009

$2 million 2010

$1 million 2011

(vii) As of the end of a calendar year, if certificates for credit amounts totaling less than the amount permitted with respect to taxable years beginning in that calendar year have been issued, the maximum amount that may be allowed for taxable years beginning in the subsequent calendar year shall be increased by the amount of the preceding year’s shortfall.

(viii) The Administration may not issue an initial credit certificate after December 31, 2011.

(ix) On January 1, 2004, and each year thereafter, the Administration shall provide to the Comptroller a list of all taxpayers in the prior taxable year that have been issued an initial credit certificate and shall specify for each taxpayer the earliest taxable year for which the credit may be claimed and the maximum amount of the credit allowable in the aggregate for all credits allowed under this section.

(2) (i) For each taxable year for which a taxpayer claims a credit under this section with respect to a green whole building, green base building, green tenant space, fuel cell, photovoltaic module, or wind turbine, the taxpayer shall obtain an eligibility certificate from an architect or professional engineer licensed to practice in this State.

(ii) An eligibility certificate issued under this paragraph shall consist of a certification, under the seal of the architect or engineer, that the property that is the basis for the credit that is claimed is in service and that:

1. the building, base building, or tenant space with respect to which the credit is claimed is a green whole building, green base building, or green tenant space; and

2. any fuel cell, photovoltaic module, or wind turbine with respect to which the credit is claimed constitutes a qualifying alternate energy source and is fully operational.

(iii) The certification under subparagraph (ii) of this paragraph:

1. shall be made in accordance with the regulations adopted by the Administration under this section specifying the standards and guidelines for each credit under this section; and

2. shall set forth the specific findings on which the certification was based.

(iv) The taxpayer shall file the eligibility certificate and the associated initial credit certificate with the taxpayer’s income tax return and shall file duplicate copies of the eligibility certificate with the Administration.

(v) The eligibility certificate shall include:

1. sufficient information to identify each building or space; and

2. any other information that the Administration or the Comptroller requires by regulation.

(3) If the Administration has reason to believe that an architect or professional engineer, in making any certification under this subsection, engaged in professional misconduct, the Administration shall inform the appropriate professional board of the suspected misconduct.

(4) (i) The Comptroller and the Administration may adopt regulations necessary to carry out the provisions of this section.

(ii) Regulations adopted under this section shall construe the provisions of this section in such a manner as to encourage the development of green whole buildings, green base buildings, and green tenant space and to maintain high, but commercially reasonable, standards for obtaining tax credits under this section.

(5) On or before April 1, 2005, the Comptroller and the Administration, jointly and in consultation with the Department of the Environment, shall submit to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly, a written report regarding:

(i) the number of certifications and taxpayers claiming the credit under this section;

(ii) the amount of the credits claimed;

(iii) the geographical distribution of the credits claimed; and

(iv) any other available information the Administration determines to be meaningful and appropriate.

(6) The Comptroller shall ensure that the information is presented and classified in a manner consistent with the confidentiality of tax return information.

(l) On or before July 1, 2002, the Administration, in consultation with the Department of the Environment and the Department of Natural Resources, shall adopt regulations with respect to the certification of green whole buildings, green base buildings, and green tenant space that are consistent with criteria set forth by the State’s Green Buildings Council or other similar criteria for:

(1) energy use;

(2) appliance and heating, cooling, and hot water equipment standards;

(3) air conditioning equipment, including chillers;

(4) building materials, finishes, and furnishings;

(5) stormwater runoff for new construction;

(6) water conservation and efficiency; and

(7) indoor air quality, in consultation with the Maryland Department of Health.
Md. Code, Economic Development § 10-4D-05 — MD Code / Article gec / Title 10 / Subtitle 4D / Section 10-4D-05
§10–4D–05.
Status: in_force

The Corporation, in consultation with the Board, shall adopt regulations to establish procedures for awarding and making the disbursement of a grant or loan.
Md. Code, Natural Resources § 10-501 — MD Code / Article gnr / Title 10 / Subtitle 5 / Section 10-501
§10–501.
Status: in_force

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

(b) “Fur dealer” means any person who buys or acquires raw and green furs, skins, hides, or pelts of wild quadrupeds from any person and sells or disposes of them.
Md. Code, State Government § 10-614 — MD Code / Article gsg / Title 10 / Subtitle 6 / Section 10-614
§10–614.
Status: in_force

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

(b) “Archives” means the State Archives.

(c) “Commission” means the Hall of Records Commission.

(d) “Public official” includes an official of the State or of a county, city, or town in the State.

(e) “Record” means any documentary material in any form created or received by any agency in connection with the transaction of public business.

(f) “Records inventory” means a survey of all records series maintained by an agency resulting in an itemized compilation of the records in the possession of the agency.
Md. Code, Agriculture § 10-708 — MD Code / Article gag / Title 10 / Subtitle 7 / Section 10-708
§10–708.
Status: in_force

The State’s Attorney of any county in which any violation of this subtitle occurs shall prosecute any person accused of any violation of this subtitle. On the request of the Secretary, he shall institute and prosecute the action.
Md. Code, Criminal Procedure § 10-232.2 — MD Code / Article gcp / Title 10 / Subtitle 2 / Section 10-232.2
§10–232.
Status: in_force

§10–232.2.

(a) In this section, “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(b) The Director of Human Resources of Frederick County may request from the Central Repository a State and national criminal history records check for a prospective or current employee or volunteer of Frederick County.

(c) (1) As part of the application for a criminal history records check, the Director of Human Resources of Frederick County shall submit to the Central Repository:

(i) two complete sets of the prospective or current employee’s or volunteer’s legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

(ii) the fee authorized under § 10–221(b)(7) of this subtitle for access to Maryland criminal history records; and

(iii) the mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(2) In accordance with §§ 10–201 through 10–250 of this subtitle, the Central Repository shall forward to the prospective or current employee or volunteer and the Director of Human Resources of Frederick County the prospective or current employee’s or volunteer’s criminal history record information.

(3) Information obtained from the Central Repository under this section:

(i) is confidential and may not be redisseminated; and

(ii) may be used only for a personnel–related purpose concerning the prospective or current employee or volunteer of the county as authorized by this section.

(4) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of this subtitle.

(d) The governing body of Frederick County shall adopt guidelines to carry out this section.
Md. Code, State Government § 10-615 — MD Code / Article gsg / Title 10 / Subtitle 6 / Section 10-615
§10–615.
Status: in_force

Except as expressly provided in § 10–619 of this subtitle, this Part III of this subtitle does not authorize:

(1) the destruction of a permanent book of account;

(2) the destruction of a land record of a clerk of a circuit court;

(3) the destruction of any record that relates to the financial operation of a unit of the State government or to collection of State taxes until the requirements of §§ 2–1220 through 2–1227 of this article are met;

(4) the destruction of any record until the expiration of the period that a statute expressly sets for that record to be kept;

(5) the destruction of any public record that a statute expressly requires to be kept permanently; or

(6) the destruction of any record of a court of record unless:

(i) the destruction is authorized under § 1–605(d)(6) or § 2–205 of the Courts Article;

(ii) an accurate transcript of the record is in use; or

(iii) the record relates to the internal management of or otherwise is a housekeeping record for an office of a clerk of court or register of wills.
Md. Code, Economic Development § 10-208 — MD Code / Article gec / Title 10 / Subtitle 2 / Section 10-208
§10–208.
Status: in_force

(a) The money of the Authority may be invested.

(b) Any income from the investment of money of the Authority shall be credited to the Authority.
Md. Code, Health - General § 10-426 — MD Code / Article ghg / Title 10 / Subtitle 4 / Section 10-426
§10–426.
Status: in_force

There is a technical review committee in the Center.
Md. Code, Alcoholic Beverages and Cannabis § 10-401 — MD Code / Article gab / Title 10 / Subtitle 4 / Section 10-401
§10–401.
Status: in_force

(a) The following sections of Title 2, Subtitle 2 (“Manufacturer’s Licenses”) of Division I of this article apply in the City without exception or variation:

(1) § 2–201 (“Issuance by Comptroller”);

(2) § 2–202 (“Class 1 distillery license”);

(3) § 2–203 (“Class 9 limited distillery license”);

(4) § 2–204 (“Class 2 rectifying license”);

(5) § 2–205 (“Class 3 winery license”);

(6) § 2–206 (“Class 4 limited winery license”);

(7) § 2–207 (“Class 5 brewery license”);

(8) § 2–208 (“Class 6 pub–brewery license”);

(9) § 2–209 (“Class 7 micro–brewery license”);

(10) § 2–210 (“Class 8 farm brewery license”);

(11) § 2–211 (“Residency requirement”);

(12) § 2–212 (“Additional licenses”);

(13) § 2–213 (“Additional fees”);

(14) § 2–214 (“Sale or delivery restricted”);

(15) § 2–216 (“Interaction between manufacturing entities and retailers”);

(16) § 2–217 (“Distribution of alcoholic beverages — Prohibited practices”); and

(17) § 2–218 (“Restrictive agreements between producers and retailers — Prohibited”).

(b) Section 2–215 (“Beer sale on credit to retail dealer prohibited”) of Division I of this article does not apply in the City.
Md. Code, Tax - Property § 10-102 — MD Code / Article gtp / Title 10 / Subtitle 1 / Section 10-102
§10–102.
Status: in_force

(a) Except as otherwise provided in this title, property tax is due on July 1 in each taxable year.

(b) Except as provided in § 10-204.3 of this title, property tax that is due on July 1 of the tax year may be paid without interest on or before September 30 of the tax year, and is in arrears after September 30 of the tax year.

(c) Property tax for a full year that is imposed as of a semiannual date of finality may be paid without interest:

(1) on or before September 30, if the bill is submitted on or before August 31 of a tax year; or

(2) on or before 30 days after the date the tax bill is received or reasonably should have been received or available if the tax bill is submitted after September 1 of the tax year.

(d) Personal property tax may be paid without interest or penalty:

(1) on or before September 30, if the bill is submitted on or before August 31 of a tax year; or

(2) on or before 30 days after the date the tax bill is received or reasonably should have been received or available if the tax bill is submitted after September 1 of the tax year.
Md. Code, Corporations and Associations § 10-207 — MD Code / Article gca / Title 10 / Subtitle 2 / Section 10-207
§10–207.
Status: in_force

(a) If any certificate contains a false statement, one who suffers loss by reliance on the statement may recover damages for the loss from:

(1) Any person who executes the certificate, or causes another to execute it on that person’s behalf, and knew, and any general partner who knew or should have known, the statement to be false at the time the certificate was executed; and

(2) Any general partner who thereafter knows or should have known that any arrangement or other fact described in the certificate has changed, making the statement inaccurate in any material respect, if that general partner had sufficient time to amend or cancel the certificate or to file a petition under § 10–205 of this subtitle before the statement was relied upon.

(b) A person is not liable for failing to cause the amendment or cancellation of a certificate or failing to file a petition under § 10–205 of this subtitle pursuant to subsection (a) of this section if the certificate of amendment, certificate of cancellation, or petition is filed within 30 days of when that person knew or should have known that the statement in the certificate was inaccurate in any material respect.
Md. Code, State Government § 10-1104 — MD Code / Article gsg / Title 10 / Subtitle 11 / Section 10-1104
§10–1104.
Status: in_force

Each State department, agency, or program not listed or identified under § 10–1103(c) of this subtitle shall monitor its operations to determine if the State department, agency, or program should take reasonable steps under § 10–1103 of this subtitle to achieve equal access to public services for individuals with limited English proficiency.
Md. Code, State Finance and Procurement § 10-501 — MD Code / Article gsf / Title 10 / Subtitle 5 / Section 10-501
§10–501.
Status: in_force

(a) (1) On receipt of an order by an administrative law judge granting a petition under subsection (b) of this section, subject to paragraph (5) of this subsection, the Board of Public Works shall compensate an individual erroneously convicted, sentenced, and confined under State law for a crime the individual did not commit in an amount equal to the product of the total number of days that the individual was wrongfully confined after the erroneous conviction multiplied by a daily rate of the State’s most recent annual median household income as published in the American Community Survey of the U.S. Census Bureau in the year the order of eligibility is issued under subsection (b) of this section and divided by 365 days to the nearest whole cent.

(2) In addition to the compensation awarded under paragraph (1) of this subsection, the administrative law judge issuing an order under subsection (b) of this section may direct the appropriate State agency or service provider to provide to the individual free of charge any of the following benefits:

(i) a State identification card and any other document necessary for the individual’s health or welfare on the individual’s release from confinement;

(ii) housing accommodations for a period not exceeding 5 years after the date the order of eligibility is issued under subsection (b) of this section;

(iii) education and training relevant to life skills, job and vocational training, or financial literacy for a period of time until the individual elects to no longer receive the education and training;

(iv) health care and dental care for at least 5 years after the date the order of eligibility is issued under subsection (b) of this section;

(v) access to enrollment at and payment of tuition and fees for attending a public senior higher education institution, a regional higher education center, or the Baltimore City Community College for a period of enrollment not exceeding 8 years; and

(vi) reimbursement for court fines, fees, and restitution paid by the individual for the crime for which the individual was erroneously convicted, sentenced, and confined.

(3) (i) If an individual previously received a monetary award from a civil suit or entered into a settlement agreement with the State or a political subdivision of the State for an erroneous conviction, sentence, or confinement, the amount owed to the individual under this subsection shall be reduced by the amount of the monetary award or settlement that was paid to the individual less any amount paid for attorney’s fees and costs for litigating the award or settlement.

(ii) 1. If, after receiving compensation under this subsection, an individual receives a monetary award from a civil suit or enters into a settlement agreement with the State or a political subdivision of the State for an erroneous conviction, sentence, or confinement, the individual shall reimburse the State the amount of money paid under this section less any amount paid for attorney’s fees and costs for litigating the award or settlement.

2. Reimbursement required under subsubparagraph 1 of this subparagraph may not exceed the amount of the monetary award the individual received in the civil suit or settlement agreement.

3. The State may obtain a lien against the monetary award from a civil suit or settlement agreement to satisfy an obligation under subsubparagraph 1 of this subparagraph.

(4) If an individual eligible for compensation and benefits under this subsection is deceased, the individual’s estate has standing to be compensated under this subsection.

(5) (i) Beginning in fiscal year 2026, the county government in the county in which the conviction of an individual occurred shall pay to the State 50% of the amount of compensation awarded to the individual under paragraph (1) of this subsection.

(ii) The payment shall be remitted annually to the Comptroller by June 30 equal to 100% of the county’s share of costs for that fiscal year.

(iii) On October 1, December 1, March 1, and June 1 of each fiscal year, the Board of Public Works shall notify the Comptroller and each county of the county’s share of each erroneous conviction award during the fiscal year.

(iv) The Comptroller may withhold a portion of a local income tax distribution of a county that fails to make timely payment in accordance with this section.

(b) (1) An administrative law judge shall issue an order that an individual is eligible for compensation and benefits from the State under subsection (a) of this section if:

(i) the individual has received from the Governor a full pardon stating that the individual’s conviction has been shown conclusively to be in error; or

(ii) subject to paragraph (2) of this subsection, the administrative law judge finds that the individual has proven by clear and convincing evidence that:

1. the individual was convicted, sentenced, and subsequently confined for a felony or conspiracy to commit a felony;

2. the judgment of conviction for the felony or conspiracy to commit a felony was reversed or vacated and:

A. the order reversing or vacating the judgment of conviction did not allow for retrial;

B. the charges against the individual were dismissed; or

C. on retrial, the individual was found not guilty;

3. the individual did not commit the felony or conspiracy to commit a felony for which they were convicted, sentenced, and subsequently confined and was not an accessory or accomplice to the felony or conspiracy to commit a felony; and

4. subject to paragraph (2)(ii) of this subsection, the individual did not commit or suborn perjury, fabricate evidence, or by the individual’s own conduct cause or bring about the conviction.

(2) (i) In determining the weight and admissibility of evidence presented by the parties, the administrative law judge may, in the interest of justice, give due consideration to the passage of time, death or unavailability of witnesses, the destruction of evidence, or any other factor.

(ii) For the purposes of paragraph (1)(ii)4 of this subsection, suborning perjury, fabricating evidence, or causing or bringing about a conviction does not include:

1. a confession or admission later determined to be false; or

2. a guilty plea.

(3) A request for an order of eligibility under this section shall be:

(i) filed with the Office of Administrative Hearings; and

(ii) captioned “In the Matter of the Wrongful Conviction of (Claimant)” or “(Claimant) v. Board of Public Works”.

(4) The following shall be parties to a proceeding under this subsection:

(i) the State’s Attorney of the county where the crime was committed, or the State’s Attorney’s designee; and

(ii) the State, represented by the Attorney General, or the Attorney General’s designee.

(c) (1) Except as provided in paragraph (2) of this subsection, an individual may file a petition for an order under subsection (b) of this section not later than 2 years after the date on which:

(i) the Governor issued a pardon described under subsection (b)(1)(i) of this section; or

(ii) the criminal charges against the individual were dismissed, an order reversing or vacating the judgment of conviction and not allowing for retrial was issued, or the individual was found not guilty on retrial as described under subsection (b)(1)(ii) of this section.

(2) An individual convicted of a conspiracy to commit a felony who meets the requirements of this section and who was ineligible for compensation before July 1, 2024, may petition for an order under subsection (b) of this section not later than July 1, 2026.

(3) If an individual otherwise eligible for relief under this section is deceased, a personal representative or an executor of the individual’s estate may file a petition for an order under subsection (b) of this section on the individual’s behalf.

(4) A petition filed under this section shall be served on:

(i) the State’s Attorney in the county in which the conviction occurred, or the State’s Attorney’s designee; and

(ii) the Attorney General, or the Attorney General’s designee.

(5) (i) Subject to subparagraph (ii) of this paragraph, an individual may not receive compensation under this section for any period of confinement during which the individual was concurrently serving a sentence for a conviction of another offense for which the individual was lawfully convicted and confined.

(ii) The State shall notify the individual in writing at least 15 days before a hearing on a petition under this section of:

1. the State’s intention to introduce evidence to reduce or prevent an award of compensation under this paragraph; and

2. the number of days that the State claims the individual was incarcerated but not concurrently serving a sentence for a conviction of another offense for which the individual was lawfully convicted and confined.

(6) The decision to grant or deny a petition under this section may be appealed by any party to the proceeding.

(d) (1) If an administrative law judge orders that an individual is eligible for compensation and benefits under this section, the order shall include:

(i) the monetary award owed to the individual under subsection (a)(1) of this section;

(ii) reasonable attorney’s fees and expenses associated with the action brought under this section;

(iii) benefits to be awarded under subsection (a)(2) of this section; and

(iv) if the administrative law judge determines that it is in the interests of the individual, a recommendation for an expedited payment schedule.

(2) A copy of the order shall be delivered to:

(i) the Board of Public Works to make the payments ordered under paragraph (1)(i) and (ii) of this subsection; and

(ii) any State agency or service provider ordered to provide benefits under paragraph (1)(iii) of this subsection.

(e) The Board of Public Works shall pay the compensation ordered under subsection (d) of this section in:

(1) one initial payment equal to the annual amount of the State’s most recent median household income to be paid within 60 days after receiving the order; and

(2) (i) after the initial payment under item (1) of this subsection, installments paid over a period not to exceed 6 fiscal years; or

(ii) in accordance with an expedited payment schedule recommended under subsection (d)(1)(iv) of this section.

(f) (1) This section does not prohibit an individual from contracting for services to:

(i) determine the individual’s innocence;

(ii) obtain a pardon;

(iii) obtain the individual’s release from confinement; or

(iv) obtain compensation under this section.

(2) (i) A person providing services under paragraph (1)(iv) of this subsection may not charge, demand, receive, or collect payment other than that allowed under subsection (d)(1)(ii) of this section.

(ii) An obligation incurred in violation of this paragraph is void.

(g) On or before December 31, 2022, and annually thereafter, the Board of Public Works shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on any compensation and services awarded under this section.

(h) The Office of Administrative Hearings, in consultation with the Board of Public Works, shall adopt regulations to govern the procedures and practices in all cases requesting compensation and benefits under this subtitle.
Md. Code, Economic Development § 10-430 — MD Code / Article gec / Title 10 / Subtitle 4 / Section 10-430
§10–430.
Status: in_force

Nothing in this part may be construed to prohibit the creation of stem cell lines to be used for therapeutic research purposes.
Md. Code, State Government § 10-128 — MD Code / Article gsg / Title 10 / Subtitle 1 / Section 10-128
§10–128.
Status: in_force

(a) Unless a regulation expressly states otherwise, its provisions are severable.

(b) The finding of a court that a provision of a regulation is invalid invalidates only any other provision of the regulation that the court finds then is so incomplete that it cannot be carried out in accordance with the purpose of the regulation.
Md. Code, Family Law § 10-214 — MD Code / Article gfl / Title 10 / Subtitle 2 / Section 10-214
§10–214.
Status: in_force

Before the State’s Attorney conducts an inquiry under § 10-213 of this subtitle, the State’s Attorney shall notify the accused individual in writing of:

(1) the time and place of the inquiry;

(2) the accused individual’s right to appear at the inquiry and to produce evidence or information that relates to the matters examined; and

(3) the accused individual’s right to testify if the individual:

(i) notifies the State’s Attorney of the individual’s desire to testify; and

(ii) signs a waiver that permits the individual’s testimony to be used against the individual in any later trial that arises from the inquiry.
Md. Code, Insurance § 10-410 — MD Code / Article gin / Title 10 / Subtitle 4 / Section 10-410
§10–410.
Status: in_force

(a) The Commissioner may deny a license to an applicant or suspend, revoke, or refuse to renew or reinstate a license after notice and opportunity for a hearing under §§ 2–210 through 2–214 of this article if the applicant or licensee:

(1) has violated this article;

(2) has made a material misstatement in the application for the license;

(3) has engaged in fraudulent or dishonest practices;

(4) has demonstrated incompetency or untrustworthiness to act as a public adjuster;

(5) has misappropriated, converted, or unlawfully withheld money that belongs to an insurer, insurance producer, insured, or other person;

(6) has willfully and materially misrepresented the provisions of a policy;

(7) has been convicted of a felony, a crime of moral turpitude, or any criminal offense involving dishonesty or breach of trust;

(8) has willfully failed to comply with or has willfully violated a proper order or regulation of the Commissioner;

(9) has failed or refused to pay on demand money that belongs to an insurer, insurance producer, insured, or other person entitled to the money;

(10) is not carrying on or does not intend to carry on business in good faith while representing to the public that the person is a public adjuster;

(11) has been denied a license or has had a license suspended or revoked in another state; or

(12) has knowingly employed or knowingly continued to employ an individual acting in a fiduciary capacity who has been convicted within the preceding 10 years of a felony or crime of moral turpitude.

(b) (1) The Commissioner may deny a license to a business entity applicant or suspend, revoke, or refuse to renew or reinstate the license of a business entity after notice and opportunity for a hearing under §§ 2–210 through 2–214 of this article, if an individual listed in paragraph (2) of this subsection:

(i) violates any provision of this article;

(ii) is convicted of a felony, a crime of moral turpitude, or any criminal offense involving dishonesty or breach of trust; or

(iii) has any professional license suspended or revoked for a fraudulent or dishonest practice.

(2) The sanctions provided for under this subsection may be imposed on a business entity if the violation was committed by an individual who:

(i) is a public adjuster employed by the business entity;

(ii) 1. in the case of a limited liability company, is an officer, director, member, or manager;

2. in the case of a partnership, is a partner; and

3. in the case of a corporation, is a director, officer, or controlling owner; or

(iii) has direct control over the fiscal management of the business entity.

(c) Instead of or in addition to suspending or revoking the license of a public adjuster, the Commissioner may impose on the licensee a penalty of not less than $100 but not exceeding $5,000 for each violation of this article.

(d) Instead of or in addition to suspending or revoking the license, the Commissioner may require that restitution be made to any citizen who has suffered financial injury because of the violation of this article.

(e) If the license is suspended under this section, the Commissioner may require the individual to pass an examination and file a new application before the suspension is lifted.
Md. Code, Economic Development § 10-817 — MD Code / Article gec / Title 10 / Subtitle 8 / Section 10-817
§10–817.
Status: in_force

(a) The Center may create and administer the accounts that it requires.

(b) The Center shall deposit its money into a State or national bank or a federally insured savings and loan association that has a total paid–in capital of at least $1,000,000.

(c) The Center may designate the trust department of a State bank, national bank, or savings and loan association as a depository to receive securities that the Center owns or acquires.

(d) Unless an agreement or covenant between the Center and the holders of its obligations limits classes of investments, the Center may invest its money in bonds or other obligations of, or guaranteed as to principal and interest by, the United States, the State, or a governmental unit.
Md. Code, Natural Resources § 10-424.1 — MD Code / Article gnr / Title 10 / Subtitle 4 / Section 10-424.1
§10–424.
Status: in_force

§10–424.1.

In addition to any other penalty provided in this title, the Department may suspend the hunting license of a person who is charged with a violation of § 10–424(1) of this subtitle pending the disposition of the criminal proceeding against the person.
Md. Code, Insurance § 10-403 — MD Code / Article gin / Title 10 / Subtitle 4 / Section 10-403
§10–403.
Status: in_force

(a) Except as otherwise provided in this subtitle, a person must obtain a license before the person acts as a public adjuster in the State.

(b) Marketing on behalf of a public adjuster, as defined in §�10–401 of this subtitle, does not require a license.

(c) A person that violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 6 months or both for each violation.
Md. Code, Economic Development § 10-221 — MD Code / Article gec / Title 10 / Subtitle 2 / Section 10-221
§10–221.
Status: in_force

(a) (1) The Authority may secure a bond by a trust agreement between the Authority and a corporate trustee.

(2) A corporate trustee may be any trust company or bank that has the powers of a trust company in or outside the State.

(b) The trust agreement or the resolution that provides for the issuance of a bond may:

(1) provide for the protection and enforcement of rights and remedies of bondholders, including covenants setting forth the duties of the Authority in relation to:

(i) acquisition, improvement, maintenance, operation, and insurance of the development or project; and

(ii) custody, safeguarding, and application of money;

(2) provide for the rights and remedies of bondholders and of the trustee;

(3) restrict the individual right of action by bondholders as is customary in trust agreements securing bonds of corporations;

(4) provide for the deposit of the proceeds of the sale of bonds and the revenue of a development or project with an officer, board, or depositary that the Authority designates as custodian; and

(5) provide for the method of disbursing the proceeds and revenues with safeguards and restrictions that the Authority determines.

(c) (1) Except as provided in paragraph (2) of this subsection and § 10-222 of this subtitle, a trust agreement may pledge or assign revenues to be received from the development or project.

(2) No portion of a development or project may be conveyed or mortgaged without the express consent of the Board of Public Works.

(d) The trust agreement may authorize the use of money realized from the sale or disposition of any of the property of a development or project to pay principal of and interest on the bonds.

(e) Expenses incurred in carrying out a trust agreement may be treated as part of the cost of maintenance, repair, and operation of a development or project.

(f) A bank or trust company incorporated in the State may act as a depositary of the proceeds of the bonds or the revenues and furnish indemnity bonds or pledge securities as required by the Authority.
Md. Code, Financial Institutions § 10-113 — MD Code / Article gfi / Title 10 / Subtitle 1 / Section 10-113
§10–113.
Status: in_force

(a) The Fund Director shall adopt rules and regulations to carry out the provisions of this title.

(b) (1) Except as provided in subsection (c) of this section, the Fund Director may adopt rules and regulations providing for the payment of nonrefundable premiums instead of or in addition to capital deposits required for membership in the Fund and may issue instruments evidencing the interests of members in the Fund.

(2) Except as provided in subsection (c) of this section, the total of premiums and capital deposits imposed on a member association may not be less than the comparable premiums, assessments, and capital deposits imposed for federal insurance.

(c) If a member association withdraws from the Fund before the end of a period for which the association has been assessed or has paid an advance premium, the association shall receive a prorated credit or refund in an amount equal to the product of the premium paid or assessed multiplied by a fraction:

(1) The numerator of which is the number of days remaining in the period after the association’s withdrawal; and

(2) The denominator of which is the total number of days in the period.
Md. Code, Insurance § 10-123 — MD Code / Article gin / Title 10 / Subtitle 1 / Section 10-123
§10–123.
Status: in_force

On application, the Commissioner shall issue to an individual qualified in accordance with this subtitle a license that is limited to the business of selling motor vehicle insurance coverages only, including bodily injury liability, property damage liability, and automobile physical damage.
Md. Code, State Government § 10-132.1 — MD Code / Article gsg / Title 10 / Subtitle 1 / Section 10-132.1
§10–132.
Status: in_force

§10–132.1.

(a) (1) Subject to subsection (b) of this section, the adopting authority for each unit shall every 8 years, beginning on or after October 1, 2001, submit to the Governor and to the Committee a schedule of regulations to be reviewed under this part during the following 8 years.

(2) (i) To the extent possible and reasonable, an adopting authority shall schedule related regulations to be reviewed concurrently.

(ii) Unless good cause exists for publishing a larger group of regulations concurrently, the largest group of regulations that an adopting authority may schedule for review concurrently shall be a subtitle.

(b) (1) At the time that a unit’s regulations are scheduled for review under this part, an adopting authority may certify to the Committee and the Governor that the review of a regulation or group of related regulations would not be effective or cost-effective and is exempt from the review process under this subtitle because the regulation or group of related regulations was:

(i) adopted to implement a federally mandated or federally approved program; or

(ii) initially adopted or comprehensively amended during the preceding 8 years.

(2) An adopting authority issuing a certificate of exemption shall provide the Governor and Committee with written justification for the certificate of exemption.

(3) If there is more than one adopting authority for a regulation or group of related regulations for which an exemption is to be certified, each adopting authority shall sign the certificate of exemption and written justification required under this subsection.

(c) At any time during a review cycle, the Governor or Committee may ask that an adopting authority review a regulation or group of regulations for which a certificate of exemption has been issued, notwithstanding the claim of exemption.
Md. Code, Public Utilities § 10-207 — MD Code / Article gpu / Title 10 / Subtitle 2 / Section 10-207
§10–207.
Status: in_force

(a) A taxicab for which a permit is required may not be operated unless the permit holder:

(1) obtains from an insurer authorized to transact business in the State, a liability insurance policy that:

(i) is approved by the Commission in all respects, including policy provisions, form, and amounts; and

(ii) insures the permit holder and taxicab driver against liability to a passenger or member of the public for property damage, personal injury, or death resulting from an accident in which the taxicab is involved; or

(2) deposits with the Commission a bond with a casualty or surety company authorized to do business in the State that:

(i) is approved by the Commission in all respects, including provisions, form, surety, and amounts; and

(ii) is made out to the State as obligee for the use and benefit of passengers and members of the public, and undertakes to indemnify passengers and members of the public against property damage, personal injury, or death resulting from an accident in which the taxicab is involved.

(b) (1) (i) Except as provided in subparagraph (ii) of this paragraph, a cancellation or revocation of an insurance policy or bond that is required under subsection (a) of this section may not take effect until 45 days after the date the Commission receives written notice from the revoking party.

(ii) Cancellation or revocation of an insurance policy or bond issued by the Maryland Automobile Insurance Fund may not take effect until 30 days after the date the Commission receives written notice from the Maryland Automobile Insurance Fund.

(2) At any time, if the Commission determines that the existing bond or insurance protection is inadequate, the Commission may require new or additional bond or insurance as a condition of operation.
Md. Code, Family Law § 10-1A-03 — MD Code / Article gfl / Title 10 / Subtitle 1A / Section 10-1A-03
§10–1A–03.
Status: in_force

(a) The Administration shall enforce and collect the support obligation, including any arrearages, from the date of execution.

(b) The affidavit of support shall have all of the force, effect, and attributes of a child support order issued by a tribunal, including the ability to be enforced by any and all enforcement remedies available to the Administration to enforce a child support order issued by a tribunal, including contempt of court proceedings.

(c) (1) If any party to the affidavit of support presents evidence to the Administration of a material change in circumstances since the entry of the last child support order, the parties may execute an affidavit of support in accordance with the Maryland child support guidelines.

(2) If there is a pre-existing child support order, the subsequently executed affidavit of support shall supersede the order unless and until overruled by a tribunal.

(d) All courts in this State shall recognize an affidavit of support issued by the Administration as a child support order.

(e) An executed affidavit of support does not preclude any subsequent proceedings under this article.
Md. Code, Business Regulation § 10-203 — MD Code / Article gbr / Title 10 / Subtitle 2 / Section 10-203
§10–203.
Status: in_force

(a) The Comptroller periodically shall collect or cause to be collected and cause to be analyzed samples of all motor fuel that is:

(1) subject to regulation under this title; and

(2) stored and offered for sale in the State.

(b) The Comptroller shall conduct inspections as provided in a memorandum of understanding on behalf of and in coordination with other agencies when collecting motor fuel samples under this section.
Md. Code, Housing and Community Development § 10-110 — MD Code / Article ghs / Title 10 / Subtitle 1 / Section 10-110
§10–110.
Status: in_force

(a) The books and records of the Trust are subject to audit:

(1) by the State, at the State’s discretion; and

(2) annually by an independent auditor approved and paid by the Trust.

(b) (1) Within the first 90 days of each fiscal year, the Board shall report to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly.

(2) The report shall include a complete operating and financial statement of the operations of the Trust and a summary of the activities of the Trust during the preceding fiscal year.
Md. Code, Family Law § 10-350 — MD Code / Article gfl / Title 10 / Subtitle 3 / Section 10-350
§10–350.
Status: in_force

(a) If § 10–352 of this subtitle does not apply, on the filing of a complaint, a tribunal of this State may modify a child support order issued in another state that is registered in this State if, after notice and hearing, the tribunal finds that:

(1) the following requirements are met:

(i) neither the child, nor the obligee who is an individual, nor the obligor resides in the issuing state;

(ii) a plaintiff who is a nonresident of this State seeks modification; and

(iii) the defendant is subject to the personal jurisdiction of the tribunal of this State; or

(2) this State is the state of residence of the child or a party who is an individual is subject to the personal jurisdiction of the tribunal of this State and all of the parties who are individuals have filed consents in a record in the issuing tribunal for a tribunal of this State to modify the support order and assume continuing, exclusive jurisdiction.

(b) Modification of a registered child support order is subject to the same requirements, procedures, and defenses that apply to the modification of an order issued by a tribunal of this State, and the order may be enforced and satisfied in the same manner.

(c) A tribunal of this State may not modify any provision of a child support order that may not be modified under the law of the issuing state, including the duration of the obligation of support. If two or more tribunals have issued child support orders for the same obligor and same child, the order that controls and must be so recognized under the provisions of § 10–310 of this subtitle establishes the provisions of the support order which are nonmodifiable.

(d) In a proceeding to modify a child support order, the law of the state that is determined to have issued the initial controlling order governs the duration of the obligation of support. The obligor’s fulfillment of the duty of support established by that order precludes imposition of a further obligation of support by a tribunal of this State.

(e) On issuance of an order by a tribunal of this State modifying a child support order issued in another state, the tribunal of this State becomes the tribunal of continuing, exclusive jurisdiction.

(f) Notwithstanding subsection (a) through (e) of this section and § 10–304(b) of this subtitle, a tribunal of this State retains jurisdiction to modify an order issued by a tribunal of this State if:

(1) one party resides in another state; and

(2) the other party resides outside the United States.
Md. Code, Labor and Employment § 10-310 — MD Code / Article gle / Title 10 / Subtitle 3 / Section 10-310
§10–310.
Status: in_force

(a) (1) The Attorney General is the legal adviser to the Director and Fund.

(2) The Attorney General may represent the Fund in any case that does not involve the rights of the Fund against another individual who:

(i) is in the same employ as the employee who received benefits under Title 9 of this article; and

(ii) caused the injury or death of the employee.

(b) Staff whom the Attorney General assigns to represent the Fund may not represent another party in a claim under Title 9 of this article.

(c) Staff whom the Attorney General assigns to represent the Fund may apply to the Director for authority to hire and, within an amount that the Director sets, to pay each expert or witness who is needed to defend a claim properly.

(d) The Director shall assign to help the staff of the Attorney General each employee of the Fund who is needed to represent the Fund.
Md. Code, Human Services § 10-436 — MD Code / Article ghu / Title 10 / Subtitle 4 / Section 10-436
§10–436.
Status: in_force

(a) This section does not apply to:

(1) a transaction undertaken under a contractual obligation in effect on October 1, 1996;

(2) a transaction made in the ordinary course of business of operating a facility;

(3) a refund under a contract entered into in the ordinary course of business;

(4) a transfer of cash, securities, or other investment property in connection with an ordinary investment transaction;

(5) a grant of a mortgage, deed of trust, or security interest to an unrelated third party;

(6) a transaction involving an easement, right-of-way, road widening, or similar conveyance for the benefit of a public body or a utility;

(7) a transaction made for an expansion or renovation; or

(8) any other sale, transfer, or other disposition exempted by the Department by regulation.

(b) (1) A provider that holds a preliminary, initial, or renewal certificate of registration may not sell, transfer, or otherwise dispose of more than 10% of its total assets in any 12-month period unless the Department approves the sale, transfer, or disposition in accordance with §§ 10-437 and 10-438 of this subtitle.

(2) A provider may not sell, transfer, or otherwise dispose of assets equal to or less than 10% of its total assets if the sale, transfer, or disposition is likely, according to standards set by regulation, to have an unreasonably adverse effect on:

(i) the financial stability of the provider; or

(ii) the capacity of the provider to perform its obligations under its continuing care agreements.

(3) Determinations of total assets shall be based on the provider’s latest certified financial statements available at the time the sale, transfer, or other disposition is made.
Md. Code, Insurance § 10-503 — MD Code / Article gin / Title 10 / Subtitle 5 / Section 10-503
§10–503.
Status: in_force

(a) An adjuster, appraiser, or insurance producer or employee of an insurer may not:

(1) recommend the use of a specific repair service or source for the repair or replacement of property damage to a motor vehicle without informing the claimant or insured that the claimant or insured does not have to use the recommended repair service or source;

(2) require that an appraisal or repair be made in a specific repair shop;

(3) require that a claimant or insured use a specific contractor or repair shop for a repair service or repair product; or

(4) intimidate, coerce, or threaten a claimant or insured to use a specific contractor or repair shop for a repair service or repair product.

(b) An adjuster or appraiser may not accept a gratuity or other form of remuneration from a repair service for recommending that repair service to a claimant or insured.
Md. Code, Real Property § 10-706 — MD Code / Article grp / Title 10 / Subtitle 7 / Section 10-706
§10–706.
Status: in_force

(a) (1) This section applies only to the sale of residential real property in Harford County.

(2) This section does not apply to:

(i) A sale of property to a purchaser who does not intend to occupy the property; or

(ii) A sale in an action to foreclose a mortgage, deed of trust, or other lien.

(b) The vendor of property that is subject to a tax of a special taxing district as authorized in §§ 21–503, 21–504, and 21–519 through 21–523 of the Local Government Article may not enforce a contract for the sale of the property unless:

(1) The purchaser of the property is provided with the following information in writing:

(i) A description of the area included within the special taxing district;

(ii) The maximum amount of bonds and other obligations to be issued with respect to the special taxing district;

(iii) A description of the purposes for which the special taxing district was created, and for which the bonds or other obligations have been issued, including a description of any improvements;

(iv) The amount of special taxes levied on the property for the most recent year or, if taxes were not levied on the property for the most recent year, a good–faith estimate of the annual tax that will be levied on the property;

(v) The maximum amount of special taxes that may be levied on the property in a year;

(vi) The projected time period over which any bonds or obligations issued in connection with the special taxing district are to be repaid; and

(vii) A description of the purchaser’s right to fully prepay the special taxing district obligations; and

(2) The contract for the sale of the property contains a notice, written in conspicuous, bold, and underscored type, that is substantially the same as the following:

“NOTICE REQUIRED BY MARYLAND LAW

The property that is the subject of this contract is located within a special taxing district, which has been created for the purpose of financing or refinancing the costs related to certain infrastructure improvements within the taxing district. These costs will be repaid from the proceeds of special taxes collected from the owners of properties located within the special taxing district.

State law requires that the seller disclose to you, at or before the time you enter into this contract, the following information: (1) a description of the area included within the special taxing district, (2) the maximum amount of bonds and other obligations to be issued with respect to the special taxing district, (3) a description of the purposes for which the special taxing district was created, and for which the bonds or other obligations have been issued, including a description of any infrastructure improvements, (4) the amount of special taxes levied on the property for the most recent year or, if taxes were not levied on the property for the most recent year, a good–faith estimate of the annual tax that will be levied on the property, (5) the maximum amount of special taxes that may be levied on the property in a year, (6) the projected time period over which any bonds or obligations issued in connection with the special taxing district are to be repaid, and (7) your right as the prospective owner of the property to fully prepay the special taxing district obligations with respect to the property.

You have 7 calendar days from the date you receive the above information relating to the special taxing district to cancel this contract by sending a written notice of cancellation to the seller. You are not required to state a reason for canceling the contract. Upon cancellation of the contract, you are entitled to a refund of any deposit you may have made under this contract.

A seller may not require that you waive your right to receive the information relating to the special taxing district or your right to cancel the contract within 7 calendar days of receipt of the information. A seller may not require that you close the sale under this contract within 7 calendar days from the date you receive the information relating to the special taxing district.

State law provides that any seller who, in disclosing the information relating to the special taxing district, makes any false statement of a material fact or omits a material fact that, in light of the circumstances under which the statements were made, is necessary to make the statements not misleading is liable to the purchaser for damages proximately caused by the seller’s false or omitted statement. Any action for damages caused by the seller’s false statement or omission of a material fact must be brought within 1 year from the date of closing under this contract.

You should carefully review the information relating to the special taxing district provided by the seller to familiarize yourself with your rights and obligations as a prospective owner of property located within the special taxing district.”

(c) (1) The requirements of subsection (b)(1) of this section shall be deemed fulfilled if the information required to be provided to the purchaser is provided to the purchaser in writing, in a clear and concise manner.

(2) A vendor may provide the purchaser with the information required under subsection (b)(1) of this section by providing the purchaser with a collection of documents if the documents convey the information required under subsection (b)(1) of this section in a clear and concise manner.

(3) In satisfying the requirements of subsection (b)(1) of this section, the vendor may rely on any document that, in connection with the creation of the special taxing district, was filed by the owner of the property in the land records of the county in which the property is located.

(d) (1) A purchaser under a contract for the sale of property that is subject to this section may cancel the contract within 7 calendar days of receiving the information under subsection (b)(1) of this section by delivering written notice of cancellation to the vendor.

(2) Unless the purchaser consents to an earlier settlement date, the settlement of a contract for the sale of property that is subject to this section may not take place within 7 calendar days from the date the purchaser receives the information required under subsection (b)(1) of this section.

(3) Notice under paragraph (1) of this subsection shall be delivered by:

(i) Hand–delivery; or

(ii) First–class mail.

(4) On cancellation of a contract for the purchase of property under paragraph (1) of this subsection, the vendor shall refund to the purchaser any deposits paid by, or on behalf of, the purchaser under the canceled contract.

(e) (1) Any vendor that, in providing the purchaser with the information required under subsection (b)(1) of this section, makes any false statement of a material fact or omits a material fact that, in light of the circumstances under which the statements were made, is necessary to make the statements not misleading is liable to the purchaser for damages proximately caused by the vendor’s false or omitted statement.

(2) An action brought under paragraph (1) of this subsection must be brought within 1 year from the date of settlement of the contract of sale.
Md. Code, Land Use § 10-103 — MD Code / Article glu / Title 10 / Subtitle 1 / Section 10-103
§10–103.
Status: in_force

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

(b) The following provisions of this division apply to Baltimore City:

(1) this title;

(2) § 1–101(m) (Definitions – “Priority funding area”);

(3) § 1–101(o) (Definitions – “Sensitive area”);

(4) § 1–201 (Visions);

(5) § 1–206 (Required education);

(6) § 1–207 (Annual report – In general);

(7) § 1–208 (Annual report – Measures and indicators);

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

(9) Title 1, Subtitle 4, Parts II and III (Home Rule Counties – Comprehensive Plans; Implementation);

(10) § 4–104(c) (Limitations – Bicycle parking);

(11) § 4–104(d) (Limitations – Manufactured homes and modular dwellings);

(12) § 4–205 (Administrative adjustments);

(13) § 4–208 (Exceptions – Maryland Accessibility Code);

(14) § 4–210 (Permits and variances – Solar panels);

(15) § 4–211 (Change in zoning classification – Energy generating systems);

(16) § 4–215 (Pollinator–friendly vegetation management);

(17) § 4–216 (Limitations – Family child care homes and large family child care homes);

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

(19) § 5–102(d) (Subdivision regulations – Burial sites);

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

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

(22) Title 7, Subtitle 3 (Development Rights and Responsibilities Agreements);

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

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

(25) Title 11, Subtitle 2 (Civil Penalty).
Md. Code, Economic Development § 10-107 — MD Code / Article gec / Title 10 / Subtitle 1 / Section 10-107
§10–107.
Status: in_force

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

(b) The Board shall determine the manner of election of officers and their terms of office.
Md. Code, Public Utilities § 10-502 — MD Code / Article gpu / Title 10 / Subtitle 5 / Section 10-502
§10–502.
Status: in_force

(a) A person may not operate a vehicle that provides passenger–for–hire services in the State:

(1) unless the person is licensed as a passenger–for–hire driver by the Commission, including a person who is licensed or otherwise authorized by the Commission as a transportation network operator, transportation network partner, or transportation network driver; or

(2) in violation of this title or Title 9, Subtitle 2 of this article.

(b) A person may not operate a vehicle that provides taxicab services in the State:

(1) unless the person is licensed as a taxicab driver by the Commission or a county or municipal corporation; or

(2) that is under the jurisdiction of the Commission, in violation of this title.

(c) A person may not operate a transportation network company in the State unless the person has been issued a permit as a transportation network company by the Commission.

(d) Subject to the hearing provisions of § 3–102(c) of this article, the Commission may impose on a person who violates this section a civil penalty not exceeding $500 for each violation.
Md. Code, Tax - General § 10-306.1 — MD Code / Article gtg / Title 10 / Subtitle 3 / Section 10-306.1
§10–306.
Status: in_force

§10–306.1.

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

(2) “Aggregate effective tax rate” means the sum of the effective rates of tax imposed by this State, other states or possessions of the United States, and foreign nations that have entered into comprehensive tax treaties with the United States government, where a related member receiving a payment of interest expense or intangible expense is subject to tax and where the measure of the tax imposed included the payment.

(3) “Bank” means:

(i) a bank holding company as defined in the federal Bank Holding Company Act of 1956, as amended, or a bank, trust company, savings bank, or savings and loan association incorporated or chartered under the laws of this State, another state, or the United States; or

(ii) a subsidiary or affiliate of an entity described in item (i) of this paragraph.

(4) “Effective rate of tax imposed” means, as to any state, possession of the United States, or foreign nation, the maximum statutory tax rate imposed by the state, possession, or foreign nation multiplied by the applicable apportionment rate.

(5) “Intangible expense” means:

(i) an expense, loss, or cost for, related to, or in connection directly or indirectly with the direct or indirect acquisition, use, maintenance, management, ownership, sale, exchange, or any other disposition of intangible property, to the extent the expense, loss, or cost is allowed as a deduction or cost in determining taxable income for the taxable year under the Internal Revenue Code;

(ii) a loss related to or incurred in connection directly or indirectly with factoring transactions or discounting transactions;

(iii) a royalty, patent, technical, or copyright fee;

(iv) a licensing fee; or

(v) any other similar expense or cost.

(6) “Intangible property” means patents, patent applications, trade names, trademarks, service marks, copyrights, and similar types of intangible assets.

(7) “Interest expense” means an amount directly or indirectly allowed as a deduction under § 163 of the Internal Revenue Code for purposes of determining taxable income under the Internal Revenue Code.

(8) “Related entity” means a person that, under the attribution rules of § 318 of the Internal Revenue Code, is:

(i) a stockholder who is an individual or a member of the stockholder’s family enumerated in § 318 of the Internal Revenue Code, if the stockholder and the members of the stockholder’s family own directly, indirectly, beneficially, or constructively, in the aggregate, at least 50% of the value of the taxpayer’s outstanding stock;

(ii) a stockholder or a stockholder’s partnership, limited liability company, estate, trust, or corporation, if the stockholder and the stockholder’s partnership, limited liability company, estate, trust, or corporation own directly, indirectly, beneficially, or constructively, in the aggregate, at least 50% of the value of the taxpayer’s outstanding stock; or

(iii) a corporation or a party related to the corporation in a manner that would require an attribution of stock from the corporation to the party or from the party to the corporation under the attribution rules of § 318 of the Internal Revenue Code, if the taxpayer owns directly, indirectly, beneficially, or constructively, at least 50% of the value of the corporation’s outstanding stock.

(9) “Related member” means a person that, with respect to the taxpayer during all or any portion of the taxable year, is:

(i) a related entity;

(ii) a component member, as defined in § 1563(b) of the Internal Revenue Code; or

(iii) a person to or from whom there is attribution of stock ownership in accordance with § 1563(e) of the Internal Revenue Code.

(b) (1) Except as otherwise provided in this section, in addition to the modifications under §§ 10–305 and 10–306 of this subtitle, the amounts under paragraph (2) of this subsection are added to the federal taxable income of a corporation to determine Maryland modified income.

(2) The addition under this subsection includes any otherwise deductible interest expense or intangible expense if the interest expense or intangible expense is directly or indirectly paid, accrued, or incurred to, or in connection directly or indirectly with one or more direct or indirect transactions with, one or more related members.

(c) The addition required under subsection (b) of this section does not apply to any portion of the interest expense or intangible expense to the extent that the corporation establishes, as determined by the Comptroller, that:

(1) the transaction giving rise to the payment of the interest expense or intangible expense between the corporation and the related member did not have as a principal purpose the avoidance of any portion of the tax due under this title;

(2) the interest expense or intangible expense was paid pursuant to arm’s–length contracts at an arm’s–length rate of interest or price; and

(3) (i) during the same taxable year, the related member directly or indirectly paid, accrued, or incurred the interest expense or intangible expense to a person who is not a related member;

(ii) 1. the related member was subject to a tax measured by its net income or receipts in this State, another state or possession of the United States, or a foreign nation that has entered into a comprehensive tax treaty with the United States government;

2. a measure of the tax imposed by this State, another state or possession of the United States, or a foreign nation that has entered into a comprehensive tax treaty with the United States government included the interest expense or intangible expense received by the related member from the corporation; and

3. the aggregate effective tax rate imposed on the amounts received by the related member is equal to or greater than 4%; or

(iii) in the case of an interest expense, the corporation and the related member are banks.

(d) (1) Subject to regulations adopted by the Comptroller, the addition required under subsection (b) of this section does not apply if, in lieu of the 4% effective tax rate requirement under subsection (c)(3)(ii)3 of this section, the aggregate effective tax rate imposed on the amounts received by the recipient is greater than or equal to the aggregate effective tax rate that would have been imposed on the additional income of the payor corporation if the interest expense or intangible expense had not been deducted.

(2) For purposes of subsection (c)(3)(ii) of this section, the Comptroller may provide by regulation for an alternative to the effective tax rate requirement of subsection (c)(3)(ii)3 of this section if:

(i) the related member:

1. is subject in another state or in a foreign nation that has entered into a comprehensive tax treaty with the United States government to a tax that is measured by gross receipts or is measured by net capital or net worth; and

2. is not subject in that state or in that foreign nation to a tax measured by net income or receipts; or

(ii) under other circumstances demonstrating to the satisfaction of the Comptroller that avoidance of any portion of the tax due under this title is not a principal purpose of the transaction giving rise to the payment of the interest expense or intangible expense between the corporation and the related member, the Comptroller determines that it is impractical for a related member that is subject to tax in this State, another state, or a foreign nation that has entered into a comprehensive tax treaty with the United States government, where the measure of the tax includes the payment to satisfy the requirements of subsection (c)(3)(ii) of this section.

(e) If the payor and the recipient are both included in a combined or consolidated report filed in a jurisdiction:

(1) for purposes of subsection (c)(3)(ii)2 of this section, the measure of the tax imposed by that jurisdiction shall be deemed to include the interest expense or intangible expense; and

(2) for purposes of determining the effective rate of tax imposed by the jurisdiction, the applicable apportionment rate is the lesser of:

(i) the apportionment rate of the recipient corporation, determined by using only that corporation’s factors in the numerators and denominators of the apportionment formula; or

(ii) the apportionment rate of the combined or consolidated group, determined by combining the recipient corporation’s factors with the factors of other members of the group included in the combined or consolidated report.

(f) (1) In addition to the modifications under §§ 10–305 and 10–306 of this subtitle, subject to paragraph (2) of this subsection, to determine Maryland taxable income, an amount is subtracted from the federal taxable income of a corporation equal to the amount received as royalties, interest, or similar income from intangibles from a related member to the extent the related member, with respect to the payment, is subject to the addition modification under subsection (b) of this section or a similar addition modification of another state or of a foreign nation that has entered into a comprehensive tax treaty with the United States government for intangible expenses or interest expenses paid to related members.

(2) The subtraction modification under this subsection is not allowed to the extent that:

(i) the transaction giving rise to the payment of the interest expense or intangible expense had as a principal purpose the avoidance of State income taxes;

(ii) the interest expense or intangible expense was not paid pursuant to arm’s–length contracts at an arm’s–length rate of interest or price; or

(iii) the aggregate effective tax rate imposed on the amounts received by the recipient exceeds the aggregate effective tax rate imposed on the income of the payor corporation.

(g) This section may not be construed:

(1) to require a corporation to include in or add to its net income more than once any amount of interest expense or intangible expense that the corporation pays, accrues, or incurs to a related member; or

(2) to limit or negate any other authority provided to the Comptroller under this article, including:

(i) the authority to make adjustments under § 10–109 or § 10–402(e) of this title; or

(ii) the authority to enter into agreements and compromises otherwise allowed by law.

(h) The Comptroller shall adopt any regulations that are necessary or appropriate to implement this section.
Md. Code, Insurance § 10-108 — MD Code / Article gin / Title 10 / Subtitle 1 / Section 10-108
§10–108.
Status: in_force

(a) An individual applicant who otherwise qualifies for a license for insurance other than life insurance, health insurance, or annuities is entitled to be examined as provided in this section.

(b) To determine the competence of an individual applicant as to the kind or subdivision of insurance for which the applicant wants to become licensed, the applicant shall pass a written examination that relates to that kind or subdivision of insurance.

(c) The Commissioner shall adopt reasonable regulations that specify:

(1) the scope, type, conduct, and grading of the written examinations; and

(2) the frequency, times, and locations within the State where the written examinations will be held.

(d) Before taking a written examination, an individual applicant shall pay the application fee required under § 2–112(a)(6)(vi) of this article.

(e) All written examinations shall be graded within 30 days following the date of the examination.

(f) An individual applicant who fails an examination may not take another examination until at least 4 days after the date of the last examination that the applicant failed.
Md. Code, State Government § 10-610 — MD Code / Article gsg / Title 10 / Subtitle 6 / Section 10-610
§10–610.
Status: in_force

(a) (1) Each unit of the State government shall have a program for the continual, economical, and efficient management of the records of the unit.

(2) The program shall include procedures for:

(i) the security of the records;

(ii) the establishment and revision, in accordance with the regulations, record retention and disposal schedules to ensure the prompt and orderly disposition of records, including electronic records, that the unit no longer needs for its operation;

(iii) the maintenance of inventories of records series that are accurate and complete; and

(iv) the transfer of permanent records to the custody of the Archives.

(b) Each head of a unit of State government shall designate, from among the unit’s executive staff, a records officer for the unit to:

(1) serve as liaison to the Division and the Archives; and

(2) develop and oversee the program.
Md. Code, Insurance § 10-109 — MD Code / Article gin / Title 10 / Subtitle 1 / Section 10-109
§10–109.
Status: in_force

(a) An individual applicant who otherwise qualifies for a license for life insurance, health insurance, annuities, nonprofit health service plans, dental plan organizations, or health maintenance organizations is entitled to be examined as provided in this section.

(b) (1) Each individual applicant must pass a personal written examination to determine:

(i) the competence of the applicant as to life insurance, health insurance, or annuities or to any subdivision of them, including contracts for nonprofit health service plans, vision plans, dental plan organizations, and health maintenance organizations; and

(ii) the familiarity of the applicant with the applicable laws of the State.

(2) Each examination must be graded within 30 days after the date of the examination.

(c) An individual applicant who fails an examination may not take another examination until at least 4 days after the date of the last examination that the applicant failed.

(d) The Commissioner shall adopt reasonable regulations that specify:

(1) the scope, type, conduct, and grading of the written examinations; and

(2) the frequency, times, and places in the State where the written examinations will be held.
Md. Code, Courts and Judicial Proceedings § 10-303 — MD Code / Article gcj / Title 10 / Subtitle 3 / Section 10-303
§10–303.
Status: in_force

(a) (1) A specimen of breath or 1 specimen of blood may be taken for the purpose of a test for determining alcohol concentration.

(2) For the purpose of a test for determining alcohol concentration, the specimen of breath or blood shall be taken within 2 hours after the person accused is apprehended.

(b) (1) Only 1 specimen of blood may be taken for the purpose of a test or tests for determining the drug or controlled dangerous substance content of the person’s blood.

(2) For the purpose of a test or tests for determining drug or controlled dangerous substance content of the person’s blood, the specimen of blood shall be taken within 4 hours after the person accused is apprehended.
Md. Code, Economic Development § 10-901 — MD Code / Article gec / Title 10 / Subtitle 9 / Section 10-901
§10–901.
Status: in_force

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

(b) “Board” means the Board of Directors of the Corporation.

(c) “Corporation” means the Maryland Public–Private Partnership Marketing Corporation.
Md. Code, Financial Institutions § 10-117 — MD Code / Article gfi / Title 10 / Subtitle 1 / Section 10-117
§10–117.
Status: in_force

(a) A major association is not eligible for new or continued membership in the Fund on or after June 1, 1985, unless it qualifies under subsection (b) of this section.

(b) A major association may remain a member of the Fund only under the following circumstances:

(1) If the major association has applied for federal insurance on or before June 1, 1985, it may remain a member:

(i) For a period after June 1, 1985, of not more than 7 months, as determined by the Fund Director, if the Fund Director determines that there is a substantial likelihood that the major association will qualify for federal insurance; and

(ii) For an extended period of not more than 3 months after its application for federal insurance has been denied, under terms and conditions as prescribed by the Fund Director, if the Fund Director determines that the interest of the savings account holders will not be jeopardized;

(2) Whether or not the major association has applied for federal insurance, it may remain a member for a period after June 1, 1985, of not more than 1 year, as determined by the Fund Director, if it is owned or controlled, directly or indirectly, by an institution that is insured by the Federal Savings and Loan Insurance Corporation or the Federal Deposit Insurance Corporation and if that institution:

(i) Guarantees the savings accounts of the major association; or

(ii) Has entered into an agreement to acquire or merge with the major association; or

(3) If the association was not a major association on the date it became a member of the Fund but later becomes a major association, for a period of not more than 1 year, as determined by the Director, from the date it became a major association.

(c) (1) If, at any time, the Fund Director determines that an association is being operated in an unsafe and unsound manner, or that there is not a substantial likelihood that a major association will qualify for federal insurance and that it is in the public interest, the Fund Director may exercise all of the powers of the Board of Savings and Loan Commissioners under Title 9, Subtitle 7 of this article to institute proceedings for the appointment of a conservator or a receiver.

(2) Notwithstanding subsection (a) of this section, if proceedings have been instituted under this subsection, the association shall remain a member of the Fund until conclusion of the proceedings.

(3) Notwithstanding subsection (a) of this section, a savings and loan association, the savings accounts of which are insured by the Maryland Savings-Share Insurance Corporation on May 16, 1985, that is a subsidiary of a corporation that owns another savings and loan association incorporated in another state, may continue to be insured by the Fund until July 1, 1987.