Md. Code, Criminal Procedure § 12-301 — MD Code / Article gcp / Title 12 / Subtitle 3 / Section 12-301
§12–301.
Status: in_force

Except as provided in § 12–304(d) of this subtitle, if property is seized under § 12–202(a)(2)(iv) and (v) of this title because there is probable cause to believe that the property is directly or indirectly dangerous to health or safety and that the property was or will be used to violate this title, forfeiture proceedings under this subtitle shall be filed promptly.
Md. Code, Public Safety § 12-917 — MD Code / Article gps / Title 12 / Subtitle 9 / Section 12-917
§12–917.
Status: in_force

(a) A person may not:

(1) willfully and persistently operate in the State a boiler or pressure vessel, except a pressure vessel covered by an owner-user inspection service as provided by this subtitle, without a certificate;

(2) operate in the State a boiler or pressure vessel at a pressure exceeding that specified on the certificate; or

(3) interfere with or impede the official duties of the Commissioner, an authorized representative of the Commissioner, or a member of the Board.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject for each violation to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.
Md. Code, Election Law § 12-303 — MD Code / Article gel / Title 12 / Subtitle 3 / Section 12-303
§12–303.
Status: in_force

A person may establish a contested election committee at any time by filing a statement of organization with the State Board that includes:

(1) the appointment of a treasurer; and

(2) any other information that the State Board requires.
Md. Code, Public Safety § 12-804 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-804
§12–804.
Status: in_force

(a) (1) Part II of this subtitle does not apply to an elevator unit that is:

(i) except as provided in paragraphs (2) and (3) of this subsection, installed in a privately owned single–family residential dwelling; or

(ii) installed in a building or structure under federal control or regulation.

(2) Part II of this subtitle applies to a cliffside elevator located on the property of a privately owned single–family residential dwelling.

(3) Sections 12–808 and 12–810 of this subtitle apply to an elevator unit installed on or after October 1, 2023, in a privately owned single–family residential dwelling.

(b) (1) Except as provided in paragraph (2) of this subsection, §§ 5–205(j), 5–207, 5–214, 5–215, and 5–216 and Title 5, Subtitle 8 of the Labor and Employment Article apply to Part II of this subtitle.

(2) The penalties established under this subtitle and Title 5, Subtitle 8 of the Labor and Employment Article do not apply with respect to an elevator unit owned by a public body, as defined in § 5–101 of the Labor and Employment Article.
Md. Code, Economic Development § 12-701 — MD Code / Article gec / Title 12 / Subtitle 7 / Section 12-701
§12–701.
Status: in_force

§12–701. IN EFFECT

// EFFECTIVE UNTIL SEPTEMBER 30, 2029 PER CHAPTERS 215 AND 216 OF 2025 //

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

(b) “Authority” means the West North Avenue Development Authority.

(c) “Board” means the Board of Directors of the Authority.

(d) “Buffer zone” means the area within 250 yards of the target area.

(e) “Target area” means the portion of West North Avenue in Baltimore City between the 600 block and the 3200 block, inclusive.

(f) “West North Avenue Corridor” includes the geographic area consisting of the target area and the buffer zone.
Md. Code, Corporations and Associations § 12-604 — MD Code / Article gca / Title 12 / Subtitle 6 / Section 12-604
§12–604.
Status: in_force

Articles of merger or consolidation shall be filed for record with the Department.
Md. Code, Alcoholic Beverages and Cannabis § 12-1304 — MD Code / Article gab / Title 12 / Subtitle 13 / Section 12-1304
§12–1304.
Status: in_force

(a) (1) There is a beer festival license.

(2) The Board may designate not more than two times each calendar year for which a beer festival license may be issued.

(b) (1) The Board may issue the license to a holder of a Class 5 brewery license, Class 6 pub–brewery license, Class 7 micro–brewery license, or Class 8 farm brewery license.

(2) Each manufacturer that participates in the beer festival shall obtain a beer festival license.

(c) (1) If the beer festival is held on a Class B licensed premises, the products displayed and sold shall be:

(i) owned, produced, and provided by the beer festival license holder; or

(ii) provided by the holder of the Class B license.

(2) If the beer festival is held on a location that is not already licensed, the products displayed and sold shall be:

(i) owned, produced, and provided by the beer festival license holder; or

(ii) directly obtained from a licensed wholesaler.

(d) Each festival shall be held:

(1) on premises for which a Class B license has been issued; or

(2) at a location that is not already licensed.

(e) The license holder shall display and sell beer:

(1) at retail for on–premises consumption; and

(2) during the hours and days designated for the festival.

(f) The license for each festival may be in effect for a period of not more than 3 days.

(g) The license holder may hold another license of a different class or nature.

(h) The Board shall set the license fee.
Md. Code, Alcoholic Beverages and Cannabis § 12-1501 — MD Code / Article gab / Title 12 / Subtitle 15 / Section 12-1501
§12–1501.
Status: in_force

(a) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local Licenses”) of Division I of this article apply in the City without exception or variation:

(1) §�4–205�(“Chain store, supermarket, or discount house”);

(2) §�4–206�(“Limitations on retail sales floor space”);

(3) §�4–207�(“Licenses issued to minors”);

(4) §�4–209�(“Hearing”);

(5) §�4–210�(“Approval or denial of license application”);

(6) §�4–211�(“License forms; effective date; expiration”);

(7) §�4–212�(“License not property”); and

(8) §�4–213�(“Replacement licenses”).

(b) Section 4–214 (“Waiting periods after denial of license applications”) of Division I of this article does not apply in the City and is superseded by § 12–1507 of this subtitle.

(c) The following sections of Title 4, Subtitle 2 (“Issuance or Denial of Local Licenses”) of Division I of this article apply in the City:

(1) §�4–202�(“Authority of local licensing boards”), subject to §§ 12–1502 and 12–1503 of this subtitle;

(2) §�4–203�(“Prohibition against issuing multiple licenses to individual or for use of entity”), subject to §§ 12–1504 and 12–1505 of this subtitle and Subtitle 13, Part III and Subtitle 16, Part II of this title;

(3) §�4–204�(“Prohibition against issuing multiple licenses for same premises”), subject to § 12–1505 of this subtitle and Subtitle 13, Part III of this title; and

(4) §�4–208�(“Notice of license application required”), subject to § 12–1506 of this subtitle.
Md. Code, Economic Development § 12-809 — MD Code / Article gec / Title 12 / Subtitle 8 / Section 12-809
§12–809.
Status: in_force

(a) The Authority may make rules and regulations for the operation and use of land, property, and undertakings under the Authority’s jurisdiction in the manner provided by local law.

(b) Any violation of the rules and regulations duly adopted by the Authority is a misdemeanor and is punishable by a fine not to exceed $1,000 or imprisonment for not more than 180 days or both.
Md. Code, Business Occupations and Professions § 12-301 — MD Code / Article gbo / Title 12 / Subtitle 3 / Section 12-301
§12–301.
Status: in_force

(a) (1) Except as otherwise provided in this title, an individual shall be licensed by the Board to provide plumbing services before the individual may provide plumbing services in the State.

(2) Except as otherwise provided in this title, an individual shall be licensed by the Board to provide or to assist in providing plumbing services before the individual may assist in providing plumbing services in the State.

(3) Except as otherwise provided in this title, an individual shall be licensed by the Board to provide plumbing services or certified by the Board to provide propane gas services before the individual may provide propane gas services in the State.

(4) Except as otherwise provided in this title, an individual shall be licensed by the Board to provide natural gas services before the individual may provide natural gas services in the State.

(b) (1) Subject to paragraph (2) of this subsection, this section does not apply to an individual who personally provides plumbing services in the residence of the individual.

(2) An individual may not provide plumbing services that make a final connection between the residence of the individual and a public or private disposal system or water supply system.

(c) This section does not apply to an employee of a gas company regulated by the Public Service Commission while making a connection to a gas appliance for domestic purposes or while installing, repairing, maintaining, replacing, or performing any other work on a natural gas, propane gas, or other gas distribution system, including customer-owned gas piping systems.

(d) This section does not apply to an individual performing work that is only incidental to the licensee providing or assisting in providing plumbing services.

(e) This section does not apply to an individual who, without compensation, provides plumbing services that the Board defines by regulation to be only incidental plumbing services.

(f) This section does not apply to an employee of a building owner, manager, or maintenance company who provides plumbing services that the Board defines by regulation to be only minor plumbing repair services.

(g) This section does not apply to an individual who is licensed as an appliance installer in Allegany County, Frederick County, Garrett County, or Washington County while acting within the scope of the license.

(h) This section does not apply to an individual who is licensed in Washington County to work as or for a septic system installer or an on-site utility contractor installing water or sewer service in the county at least 5 feet from a building being served.

(i) Subsection (a)(3) and (4) of this section does not apply to an individual licensed by the State Board of Heating, Ventilation, Air-Conditioning, and Refrigeration Contractors while servicing an existing propane gas or existing natural gas appliance if the individual has completed a manufacturer’s training course certifying competence to work on that particular type of appliance.
Md. Code, Commercial Law § 12-308 — MD Code / Article gcl / Title 12 / Subtitle 3 / Section 12-308
§12–308.
Status: in_force

(a) (1) At the time a loan is made, the lender shall deliver to the borrower a statement in the English language which:

(i) Quotes §§ 12–306, 12–307, and 12–312 of this subtitle, in their entireties; and

(ii) Complies with § 12–106(b) of this title.

(2) If there are two or more borrowers, the lender:

(i) May deliver the statement to any one of the borrowers; and

(ii) At the request of any other borrower, shall deliver a copy of the statement to that borrower within 10 days after the request.

(b) (1) Except as provided in paragraphs (2), (3), and (4) of this subsection, at the time a lender receives a payment on account of a loan, the lender shall deliver to the person making the payment a receipt which specifies:

(i) The amount applied to principal;

(ii) The amount applied to interest and other charges; and

(iii) The unpaid principal balance of the loan.

(2) The lender may deliver an unitemized receipt at the time of payment if he delivers the required itemized receipt within 10 days after the payment.

(3) The lender is not required to issue a receipt if, before the due date of each payment, he regularly delivers to the borrower a billing statement which specifies:

(i) The previous unpaid principal balance of the loan;

(ii) The amount and date of each payment made during the billing period;

(iii) The amount of each of these payments applied to interest;

(iv) The amount of each of these payments applied to principal;

(v) The current unpaid principal balance; and

(vi) The amount and due date of the next maturing installment.

(4) The lender is not required to issue a receipt if the lender issues to the borrower a payment book or coupon book and payment is made by check or money order.

(c) (1) A lender shall permit a borrower to prepay a loan in full or in part at any time, without penalty.

(2) Each partial prepayment shall be applied:

(i) First, to any interest accrued on the unpaid principal balance to the date of the payment; and

(ii) Then, to the unpaid principal balance.

(d) After full repayment of a loan, the lender shall:

(1) (i) Indelibly mark with the word “paid” or “canceled” and return each note, contract, or other evidence of obligation of the borrower in the possession of the lender; or

(ii) Furnish the borrower with a written statement that identifies the loan transaction and states that the loan has been paid in full;

(2) Release any mortgage, security agreement, or other form of security instrument which no longer secures any indebtedness to the lender; and

(3) Restore any pledge or certificate of title.

(e) At the request of the borrower, the lender shall furnish the borrower with a written statement of the account. However, the lender is not required to do so more than once in any 30–day period.

(f) A lender making or offering to make a loan secured by residential real property shall comply with § 12–125 of this title, as applicable.
Md. Code, Business Regulation § 12-211 — MD Code / Article gbr / Title 12 / Subtitle 2 / Section 12-211
§12–211.
Status: in_force

A party to a proceeding under this title who is aggrieved by a final decision of the Secretary in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.
Md. Code, Education § 12-102 — MD Code / Article ged / Title 12 / Subtitle 1 / Section 12-102
§12–102.
Status: reserved

(a) (1) There is a body corporate and politic known as the University System of Maryland.

(2) The University is an instrumentality of the State and a public corporation.

(3) The University is an independent unit of State government.

(4) The exercise by the University of the powers conferred by this subtitle is the performance of an essential public function.

(b) The government of the University System of Maryland is vested in the Board of Regents of the University System of Maryland.

(c) The Board of Regents consists of 21 members as follows:

(1) (i) Except as provided in item (ii) of this item, two members shall be full–time students in good academic standing at an institution under the jurisdiction of the Board; and

(ii) A student member who is in good academic standing at the University of Maryland Global Campus shall be exempt from the full–time student requirement in item (i) of this item;

(2) One member shall be the Secretary of Agriculture ex officio;

(3) One member shall be the Secretary of Commerce ex officio;

(4) One member shall be appointed by the President of the Senate;

(5) One member shall be appointed by the Speaker of the House; and

(6) The remaining members of the Board shall:

(i) Be residents of the State;

(ii) Be appointed from the general public; and

(iii) Include the following individuals:

1. One individual with a background in higher education administration;

2. One individual with a background in finance; and

3. One individual with a background in diversity and workplace inclusion.

(d) In making appointments to the Board, the Governor, the President of the Senate, and the Speaker of the House shall:

(1) Ensure that one member of the Board is a graduate of a historically Black college or university in the University System of Maryland; and

(2) Consider representation from all parts of the State.

(e) (1) Each member of the Board appointed under subsection (c)(1) and (6) of this section shall be appointed by the Governor, with the advice and consent of the Senate.

(2) After the 40th day, and before the 80th day, from the commencement of each regular session of the General Assembly, the Senate shall consider each year’s appointees to the Board collectively to ensure adequate balance of membership.

(f) (1) Except for the student members, each appointed member serves for a term of 5 years from July 1 of the year of appointment and until a successor is appointed and qualifies. These members may be reappointed.

(2) The student members shall be appointed for a term of 2 years, from July 1, and may be reappointed if the student remains a student at any campus of the University System of Maryland.

(3) A member appointed to fill a vacancy in an unexpired term serves only for the remainder of that term and until a successor is appointed and qualifies.

(g) (1) (i) Except for the Secretary of Agriculture and the Secretary of Commerce, and subject to paragraph (2) of this subsection, a member may not serve more than 2 consecutive full terms.

(ii) At the expiration of each member’s full term, the Governor shall appoint a replacement member or shall submit a letter to the Senate in order to extend the term of the existing member.

(2) The unexpired or partial term of a member appointed to fill a vacancy occurring during a 5–year term does not qualify as a full term for the newly appointed member.

(h) (1) Each member of the Board:

(i) Serves without compensation; and

(ii) Is entitled to reimbursement for expenses in accordance with the Standard State Travel Regulations.

(2) (i) The Board may authorize a student member to receive:

1. In the first year of a 2–year term, a grant to be made by the University System of Maryland Foundation directly or through the University System of Maryland or a constituent institution from restricted funds raised from one or more private donors for this purpose; and

2. In the second year of a 2–year term, a tuition waiver not to exceed the amount of the tuition obligation incurred by the student member during that school year.

(ii) The amount of a grant authorized under subparagraph (i)1 of this paragraph may not:

1. Exceed the cost of the tuition and fees incurred by the student member during the first year of a 2–year term; or

2. Cause the total amount of the financial aid provided to the student member to exceed the cost of attendance for the year.

(iii) A grant or tuition waiver provided to a student member under subparagraph (i) of this paragraph may not:

1. Be considered a gift or compensation under Title 5 of the General Provisions Article;

2. Be considered compensation under:

A. Paragraph (1) of this subsection; or

B. § 12–101(a)(3) of the State Government Article; or

3. Cause the student member to be classified as an employee of the University System of Maryland.
Md. Code, Courts and Judicial Proceedings § 12-604 — MD Code / Article gcj / Title 12 / Subtitle 6 / Section 12-604
§12–604.
Status: in_force

The Supreme Court of Maryland of this State may reformulate a question of law certified to it.
Md. Code, Alcoholic Beverages and Cannabis § 12-2603 — MD Code / Article gab / Title 12 / Subtitle 26 / Section 12-2603
§12–2603.
Status: in_force

The City Police Department or an inspector that the Board employs may serve a summons.
Md. Code, Financial Institutions § 12-410 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-410
§12–410.
Status: reserved

(a) Information in NMLS associated with a license approved by the Commissioner under this subtitle shall include the following:

(1) The licensee’s legal name and any trade name used by the licensee in accordance with § 2–121 of this article;

(2) The address of the licensee’s principal executive office;

(3) The address of each additional location, if any, where the licensee does business and that:

(i) The general public may reasonably view as a location that offers money transmission services, including any location that investigates customer complaints or directly communicates with customers verbally, electronically, or in writing;

(ii) Houses any core operational infrastructure or technology systems;

(iii) Conducts any core management, information security and technology, risk and compliance, or finance functions; or

(iv) Is otherwise required to be listed in NMLS by regulation the Commissioner adopts under this subtitle; and

(4) The information required by § 12–407(b)(2)(iii) of this subtitle for each self–service financial kiosk, if any, of the licensee.

(b) A licensee shall maintain and update the information in NMLS associated with the licensee’s license to reflect accurately at all times the information required by subsection (a) of this section.

(c) The unique identifier assigned by NMLS to a licensee shall constitute the licensee’s license number.

(d) A license authorizes the licensee to do business under the license at any licensed location, under any licensed name and, for each self–service financial kiosk, the address or geographic area listed for the self–service financial kiosk in NMLS, or as otherwise authorized by the Commissioner through regulation.

(e) A license may not be transferred or assigned.

(f) (1) Each licensee shall conspicuously post, in 48 point or larger type, at each licensed location the following information:

(i) The licensee’s unique identifier; and

(ii) A statement advising consumers of the availability of the NMLS Consumer Access website to verify the licensing status of the licensee.

(2) Each authorized delegate, at each location open to the public, shall conspicuously post, in at least 48 point type, the following information:

(i) A notice stating, “the Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints regarding this authorized delegate of (name of licensee and unique identifier) at (address of Commissioner), phone (toll–free phone number of the Commissioner)”; and

(ii) A statement advising consumers of the availability of the NMLS Consumer Access website to verify the licensing status of the licensee.

(3) Each licensee shall conspicuously display the following information on the licensee’s website, any mobile application through which the services are offered, the outside of the self–service financial kiosk, any software application accessible to the public and used for money transmission services, and profile page within each social media platform the licensee uses:

(i) The licensee’s unique identifier;

(ii) A link to the NMLS Consumer Access website; and

(iii) A notice stating, “The Commissioner of Financial Regulation for the State of Maryland will accept all questions or complaints from Maryland residents regarding (name of licensee and unique identifier) at (address of Commissioner), phone (toll–free phone number of the Commissioner)”.

(g) A licensee is not required to post the information required in subsection (f)(1) of this section at a licensed location if the licensed location is not a self–service financial kiosk and the licensee does not regularly grant access to that licensed location to members of the general public.
Md. Code, Alcoholic Beverages and Cannabis § 12-1314 — MD Code / Article gab / Title 12 / Subtitle 13 / Section 12-1314
§12–1314.
Status: in_force

(a) The Board shall adopt regulations relating to the application process for Class C per diem licenses issued in accordance with §§ 4–1203 and 4–1204 of this article.

(b) Regulations adopted by the Board under this section may authorize the Board to:

(1) deny or revoke a Class C per diem license; or

(2) limit the number of Class C per diem licenses that may be issued to a person for the same location within a calendar year.
Md. Code, Alcoholic Beverages and Cannabis § 12-1004 — MD Code / Article gab / Title 12 / Subtitle 10 / Section 12-1004
§12–1004.
Status: in_force

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

(2) “Concessionaire” means a lessee, a sublessee, or any other operator of an establishment that:

(i) engages in the sale of beer, wine, and liquor by the drink or by the bottle on its premises for consumption anywhere in a video lottery facility; and

(ii) is operated as a concession independent of a holder of a Class BWL–VLF license.

(3) “Video lottery facility” means a facility that holds a license under Title 9, Subtitle 1A of the State Government Article.

(b) There is a Class BWL–VLC (video lottery concessionaire) beer, wine, and liquor license.

(c) The Board may issue a Class BWL–VLC license to one or more concessionaires operating in a video lottery facility.

(d) (1) The license authorizes:

(i) the license holder to sell beer, wine, and liquor on the premises of the concessionaire for consumption:

1. anywhere in the video lottery facility; or

2. on grounds controlled by the Class BWL–VLF license holder, as defined in the Class BWL–VLF license;

(ii) the playing of music and dancing; and

(iii) the sale and providing of beer, wine, and liquor throughout the video lottery facility and grounds controlled by the Class BWL–VLF license holder during those days and hours that the video lottery facility is open for business.

(2) Beer, wine, and liquor purchased under the Class BWL–VLC license may be taken anywhere in a video lottery facility or on grounds controlled by the Class BWL–VLF license holder, as defined in the Class BWL–VLF license.

(e) (1) The annual license fee is $7,500.

(2) The fee shall be paid to the Board on or before May 1.

(f) A penalty or other sanction that is imposed for a violation of a regulation of the Board on the licensed premises of a holder of a Class BWL–VLC license shall apply to the concessionaire that the Board determines to be responsible for the violation.
Md. Code, Alcoholic Beverages and Cannabis § 12-1705 — MD Code / Article gab / Title 12 / Subtitle 17 / Section 12-1705
§12–1705.
Status: in_force

(a) Except as provided in subsection (b) of this section, a transfer of a license shall be completed on or before 180 days after the Board approves the transfer.

(b) (1) Within 180 days after the Board approves the transfer of a license, the license holder or another appropriate interested party may make a written request to the Board to extend the time authorized to complete the transfer due to hardship.

(2) The Board may grant the extension if the Board finds after a hearing that an existing hardship caused the delay in transferring the license.

(3) An extension may not prolong the period authorized to complete the transfer beyond 270 days after the Board approves the transfer.
Md. Code, Tax - Property § 12-119 — MD Code / Article gtp / Title 12 / Subtitle 1 / Section 12-119
§12–119.
Status: in_force

On or before July 1, 2025, and each July 1 thereafter, the collector or the clerk of the circuit court for the county, whichever is designated to collect recordation tax for the county, shall submit a report, in accordance with § 2–1257 of the State Government Article, to the Senate Budget and Taxation Committee and the House Ways and Means Committee that includes, for the immediately preceding fiscal year:

(1) the total number of indemnity mortgages recorded that were exempt from recordation tax under § 12–105(f)(7)(iii)2 of this title;

(2) the amount of debt secured by each indemnity mortgage that was exempt from recordation tax under § 12–105(f)(7)(iii)2 of this title; and

(3) the amount of recordation tax revenue forgone due to the indemnity mortgage exemption from recordation tax under § 12–105(f)(7)(iii)2 of this title.
Md. Code, Commercial Law § 12-703 — MD Code / Article gcl / Title 12 / Subtitle 7 / Section 12-703
§12–703.
Status: in_force

(a) If a complaint for violation of any provisions of this subtitle is filed with the Commissioner, the Commissioner shall investigate the complaint and may hold a hearing on it in accordance with the Administrative Procedure Act.

(b) The Commissioner shall give to the creditor complained against at least 10 days’ written notice of the complaint and the time and place of any hearing. The notice shall be in writing and sent by registered or certified mail to the creditor’s principal place of business.

(c) (1) If, after the hearing, the Commissioner finds that the creditor has engaged or is engaging in any act or practice prohibited by this subtitle, the Commissioner shall order the creditor to cease and desist from the act or practice.

(2) The order of the Commissioner shall comply with the Administrative Procedure Act.

(d) (1) If no appeal is filed, the order becomes final after expiration of the time allowed by the Administrative Procedure Act for appeals from the Commissioner’s orders.

(2) If an appeal is filed, the order becomes final after final decision of the court affirming the order or dismissing the appeal.
Md. Code, Public Safety § 12-1201 — MD Code / Article gps / Title 12 / Subtitle 12 / Section 12-1201
§12–1201.
Status: in_force

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

(b) “Additions” has the meaning stated in the International Swimming Pool and Spa Code.

(c) “Alterations” has the meaning stated in the International Swimming Pool and Spa Code.

(d) “Department” means the Maryland Department of Labor.

(e) (1) “International Swimming Pool and Spa Code” means the first printing of the most recent edition of the International Swimming Pool and Spa Code issued by the International Code Council.

(2) “International Swimming Pool and Spa Code” does not include interim amendments or subsequent printings of the most recent edition of the International Swimming Pool and Spa Code.

(f) “Local jurisdiction” means the county or municipal corporation that is responsible for implementation and enforcement of the Standards under this subtitle.

(g) “Repairs” has the meaning stated in the International Swimming Pool and Spa Code.

(h) “Spa” has the meaning stated in the International Swimming Pool and Spa Code.

(i) “Standards” means the Maryland Swimming Pool and Spa Standards.

(j) “Swimming pool” has the meaning stated in the International Swimming Pool and Spa Code.
Md. Code, Alcoholic Beverages and Cannabis § 12-301 — MD Code / Article gab / Title 12 / Subtitle 3 / Section 12-301
§12–301.
Status: in_force

There is no liquor control board or department of liquor control in the City.
Md. Code, Economic Development § 12-310 — MD Code / Article gec / Title 12 / Subtitle 3 / Section 12-310
§12–310.
Status: in_force

For purposes of an action involving the validity or enforceability of a bond or security for a bond, a finding by a political subdivision is conclusive as to:

(1) the public purpose of an action taken under this subtitle; and

(2) any other matter relating to the issuance of a bond.
Md. Code, Housing and Community Development § 12-504 — MD Code / Article ghs / Title 12 / Subtitle 5 / Section 12-504
§12–504.
Status: in_force

(a) An authority may exercise the powers that are granted by this Division II, even if economic competition is displaced or limited as a result.

(b) This section does not preempt or supersede the regulatory authority of a State unit under public general law.
Md. Code, Financial Institutions § 12-103 — MD Code / Article gfi / Title 12 / Subtitle 1 / Section 12-103
§12–103.
Status: in_force

(a) This subtitle does not apply to:

(1) Any bank, trust company, savings bank, savings and loan association, or credit union incorporated or chartered under the laws of this State or the United States that maintains its principal office in this State;

(2) Any out-of-state bank, as defined in § 5-1001 of this article, having a branch that accepts deposits in this State; and

(3) Any institution incorporated under federal law as a savings association or savings bank that does not maintain its principal office in this State but has a branch that accepts deposits in this State.

(b) A subsidiary or affiliate of an institution described in subsection (a) of this section is exempt from all requirements of licensing under this subtitle provided the subsidiary or affiliate:

(1) Is subject to audit or examination by a regulatory body or agency of this State, the United States, or the state where the subsidiary or affiliate maintains its principal office; and

(2) Submits to the Commissioner in writing and prior to providing check cashing services the following information:

(i) The subsidiary’s or affiliate’s name and address, and the names and addresses of each:

1. Owner who owns 5% or more of the subsidiary or affiliate; and

2. Officer, director, or principal of the subsidiary or affiliate;

(ii) 1. Each address at which check cashing services will be provided; and

2. If a mobile unit will be used to provide check cashing services, the vehicle identification number of the mobile unit and the geographic area in which the mobile unit will be operating; and

(iii) Any other information that the Commissioner requests.

(c) (1) An exempt entity is not subject to the provisions of §§ 12-106 through 12-112, inclusive, and § 12-122 of this subtitle.

(2) An exempt entity is subject to:

(i) The provisions of §§ 12-113 through 12-121, inclusive, and §§ 12-123 through 12-127, inclusive, of this subtitle; and

(ii) Any regulation, except to the extent the regulation concerns licensing, adopted under this subtitle.
Md. Code, State Finance and Procurement § 12-102 — MD Code / Article gsf / Title 12 / Subtitle 1 / Section 12-102
§12–102.
Status: in_force

(a) (1) The Board shall appoint a Procurement Advisor, who serves at the pleasure of the Board.

(2) The Procurement Advisor shall:

(i) ensure that the State’s procurement system is utilizing the most advanced procurement methods and management techniques;

(ii) examine all procurements that are subject to review by the Board and make recommendations to the Board as to the appropriateness of each procurement, with an emphasis on whether the proposed procurement:

1. has been competitively conducted; and

2. conforms to provisions of procurement law, procurement regulations, and best management practices;

(iii) prevent and detect fraud, waste, and abuse and foster competition in the expenditure of State funds in the procurement of supplies, services, or construction;

(iv) conduct investigations into procurement policies, practices, and procedures, as appropriate;

(v) investigate complaints made by State employees concerning fraud, waste, and abuse in the procurement process and any alleged violation of the procurement law or regulations;

(vi) investigate complaints, other than formal bid protests filed under Title 15, Subtitle 2 of this article, made by contractors and other interested parties concerning fraud, waste, and abuse in the procurement process and any alleged violation of the procurement law or regulations;

(vii) if apparent criminal violations are found in the course of an investigation, report findings to the Board of Public Works, Office of the Attorney General, United States Attorney, and State or local prosecutors, as appropriate;

(viii) if other apparent violations of law or regulation are found in the course of an investigation, report findings to the Board of Public Works, the appropriate agency head, and any other appropriate body for administrative action;

(ix) produce and submit to the Board of Public Works and the General Assembly, in accordance with § 2–1257 of the State Government Article, an annual report of the activities of the Procurement Advisor, including:

1. all findings and recommendations for improvements to the procurement system; and

2. the identification of barriers to effective broad–based competition in State procurement and recommendations for the elimination of these barriers;

(x) assist agencies and the public with questions regarding procurement policy;

(xi) establish policies for the effective training of State procurement officials to ensure that the State’s procurement system is utilizing the most advanced procurement methods and management techniques;

(xiii) review internal audit reports and comment as appropriate;

(xiv) notify the Legislative Auditor when the Procurement Advisor undertakes an investigation under item (v) or (vi) of this paragraph.

(3) The Procurement Advisor shall:

(i) have access to all books, accounts, records, reports, any material related to contracts and procurement, and all other papers and equipment necessary to carry out its responsibilities; and

(ii) have direct and prompt access to all heads of agencies involved in the expenditure of public funds.

(b) (1) (i) The Board shall appoint a General Counsel, who serves at the pleasure of the Board.

(ii) The General Counsel shall be an attorney in this State.

(2) The General Counsel shall:

(i) provide independent legal advice to the Board;

(ii) examine all procurements that are subject to review by the Board and make recommendations to the Board as to the legal sufficiency of the procurements, with an emphasis on whether the proposed procurement has been competitively conducted;

(iii) assist the Procurement Advisor in investigations undertaken by the Procurement Advisor;

(iv) assist the Procurement Advisor in responding to complaints made by State employees, contractors, and other interested parties concerning fraud, waste, and abuse in the procurement process or any alleged violation of the procurement law and regulations;

(v) compile information for distribution to State procurement officials relating to recent decisions of the Maryland State Board of Contract Appeals and State and federal courts concerning procurement, including any policy or legal guidance to the procurement officials based on these decisions; and

(vi) review regulations proposed by the Board for legality and approve them for proposal and adoption.

(3) The General Counsel shall:

(i) have access to all books, accounts, records, any material related to contracts and procurement, and all other papers and equipment necessary to carry out its responsibilities; and

(ii) have direct and prompt access to all heads of agencies involved in the expenditure of public funds.

(c) In accordance with the State budget, the Board may appoint any additional staff necessary to carry out its responsibilities under this Division II.
Md. Code, Local Government § 12-302 — MD Code / Article glg / Title 12 / Subtitle 3 / Section 12-302
§12–302.
Status: in_force

(a) In this section, “government organization” includes:

(1) a county;

(2) a board of education;

(3) a municipality; or

(4) a government cooperative purchasing organization.

(b) The County Commissioners of Garrett County may purchase goods and services through a contract entered into by a vendor and a government organization that does not participate in a cooperative purchasing agreement in which Garrett County is a member.
Md. Code, Corporations and Associations § 12-1007 — MD Code / Article gca / Title 12 / Subtitle 10 / Section 12-1007
§12–1007.
Status: in_force

(a) Except as provided in the governing instrument, unless the articles of conversion provide otherwise, the proposed conversion of a statutory trust to an other entity may be abandoned before the effective date of the articles of conversion by majority vote of the trustees of the statutory trust.

(b) Unless the articles of conversion provide otherwise, the proposed conversion of an other entity to a statutory trust may be abandoned in the manner and by the vote required by the governing document of the other entity and the laws of the place in which it is incorporated or organized or, if no manner and vote is specified, in the manner and by the vote required to approve the conversion under § 12–1002 of this subtitle.

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

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

(2) Abandonment of a conversion under this section does not prejudice the rights of any person under any other contract made by a statutory trust party to the proposed conversion in connection with the proposed conversion.
Md. Code, Public Safety § 12-812 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-812
§12–812.
Status: in_force

(a) A certificate is valid for the period indicated on the certificate.

(b) (1) Except as provided in paragraph (2) of this subsection, each elevator unit in the State shall have a periodic annual inspection by a State inspector as provided for in § 12–809(a)(6) of this subtitle or by a third–party qualified elevator inspector as provided for in § 12–809(d) of this subtitle.

(2) Each cliffside elevator on the property of a privately owned single–family residential dwelling shall have a periodic inspection once every 2 years by a third–party qualified elevator inspector as provided for in § 12–809(d) of this subtitle.

(c) Before scheduling an inspection with the Commissioner or a third–party qualified elevator inspector, the contractor, owner, or lessee of an elevator unit shall:

(1) ensure that the elevator unit is operated, inspected, and repaired in accordance with Part II of this subtitle and the regulations adopted under Part II of this subtitle; and

(2) make inspection, maintenance, and repair records available to the inspector charged with inspecting the elevator unit.

(d) (1) When an inspector conducts an inspection and the elevator unit fails the inspection, the inspector shall issue an inspection checklist that specifies the corrections required.

(2) The inspection checklist shall be on a form provided by the Commissioner and shall specify the requirements for compliance with the Safety Code and other regulations adopted by the Commissioner.

(3) If a State inspector conducts a follow–up inspection to ensure compliance with the corrections specified on the inspection checklist, the contractor, owner, or lessee shall pay a fee in accordance with § 12–809 of this subtitle.
Md. Code, Health Occupations § 12-6C-13 — MD Code / Article gho / Title 12 / Subtitle 6C / Section 12-6C-13
§12–6C–13.
Status: in_force

On or before January 1, 2008, and on or before January 1 of each subsequent year, the Board shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly on the implementation of this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 12-1509 — MD Code / Article gab / Title 12 / Subtitle 15 / Section 12-1509
§12–1509.
Status: in_force

(a) The Board:

(1) may not require that protests against the issuance of a license be accompanied by an abstract of title from the land records of the City substantiating the protestants’ ownership of the real or leasehold property; but

(2) may require that a qualified person familiar with the land records of the City appear at the hearing and testify as to who is the holder of full legal title as shown by the land records.

(b) If an owner of property that is owned jointly appears in person at the hearing as a protestant, the other owners’ protest may be recorded by an affidavit.

(c) On request, the Board shall provide an affidavit form to any person who claims to be a protestant.
Md. Code, Alcoholic Beverages and Cannabis § 12-1605 — MD Code / Article gab / Title 12 / Subtitle 16 / Section 12-1605
§12–1605.
Status: reserved

(a) (1) (i) Except as otherwise provided in this subsection, a new license may not be issued for and an existing license may not be moved to a building that is within 300 feet of the nearest point of the building of a place of worship or school.

(ii) In the 45th legislative district, a new Class A license of any type may not be issued for a building that is within 500 feet of the nearest point of the building of a place of worship or school.

(2) Paragraph (1)(i) of this subsection does not apply to:

(i) a Class A–7 beer, wine, and liquor license issued under § 12–1603(c)(17) of this subtitle;

(ii) a Class B beer and wine license outside the 46th legislative district;

(iii) a Class B beer, wine, and liquor license outside the 46th legislative district;

(iv) a Class B–D–7 license in the Old Goucher Revitalization District under § 12–1603(e) of this subtitle;

(v) a Class C beer and wine license; and

(vi) a Class C beer, wine, and liquor license.

(3) A license for use in a building that is within 300 feet of the grounds of a place of worship or school may be renewed or extended for the same building.

(4) (i) This paragraph applies only to an area bounded by:

1. High Street on the west, Pratt Street on the north, Central Avenue on the east, and Eastern Avenue on the south;

2. West Cross Street and Amity Street on the west, Clifford Street on the north, Scott Street on the east, and Carroll Street on the south;

3. Holliday Street on the west, Saratoga Street on the north, Gay Street on the east, and Lexington Street on the south; or

4. subject to subparagraph (iii) of this paragraph, Fagley Street on the west, Gough Street on the north, Grundy Street on the east, and Chestle Place on the south.

(ii) The Board may waive the distance restrictions in paragraph (1)(i) of this subsection for an application for the transfer of a license into an area specified in subparagraph (i) of this paragraph if:

1. the application is approved by:

A. each community association representing the area;

B. each business association in the area; and

C. the ordained leader and the board or council for each place of worship that is within 300 feet of the proposed location of the establishment for which the license transfer is sought; and

2. a memorandum of understanding is executed by the applicant for the license transfer and each community association in the area.

(iii) The Board may not issue a license in or approve the transfer of a license into the area specified in subparagraph (i)4 of this paragraph if:

1. the proposed location of the establishment is in an area that is zoned “residential”; or

2. the license to be issued or transferred is a Class A license of any type.

(5) (i) This paragraph applies only to an area bounded by East Chase Street on the north, North Lovegrove Street on the east, East Eager Street on the south, and North Charles Street on the west.

(ii) The Board may waive the distance restrictions in paragraph (1)(i) of this subsection for an application for the transfer of a license into an area specified in subparagraph (i) of this paragraph.

(b) (1) This subsection:

(i) applies only in the 46th alcoholic beverages district; and

(ii) does not apply to a licensed restaurant in:

1. ward 4, precinct 1;

2. ward 22, precinct 1;

3. a residential planned unit development for Silo Point as approved by the Mayor and City Council in Ordinance 04–697 on June 23, 2004;

4. subject to paragraph (3) of this subsection, the area that is bounded as follows: from the intersection of West Ostend Street and Race Street, north on Race Street to Seldner Place, then east on Seldner Place to Clarkson Street, then north on Clarkson Street to West Cross Street, then east on West Cross Street to South Hanover Street, then north on South Hanover Street to Race Street (also known as Winter Street), then west/southwest on Race Street to West Cross Street, then west on West Cross Street to Leadenhall Street, then south on Leadenhall Street to West Ostend Street, then east on West Ostend Street back to the intersection of West Ostend Street and Race Street;

5. subject to paragraph (4) of this subsection, the area that is bounded as follows: from the intersection of Eastern Avenue and South Highland Avenue, north on South Highland Avenue to Bank Street, then west on Bank Street to South Clinton Street, then south on South Clinton Street to Eastern Avenue, then east on Eastern Avenue back to the intersection of Eastern Avenue and South Highland Avenue; or

6. subject to paragraph (5) of this subsection, the area that is bounded as follows: from the intersection of Eastern Avenue and South Newkirk Street, east on Eastern Avenue to Oldham Street, then south on Oldham Street to Fleet Street, then west on Fleet Street to South Newkirk Street, then north on South Newkirk Street back to the intersection of South Newkirk Street and Eastern Avenue.

(2) The Board may not issue or approve the transfer of a license if the licensed premises would be:

(i) within 300 feet of the nearest point of a place of worship or school; or

(ii) closer to the nearest point of a place of worship or school than the licensed premises was on June 1, 2004.

(3) For an establishment that is within 300 feet of the nearest point of a place of worship or school, the Board may issue a license in or approve the transfer of a license into the area specified in paragraph (1)(ii)4 of this subsection only if the Board:

(i) has executed a memorandum of understanding with a community association in the area specified in paragraph (1)(ii)4 of this subsection regarding the nature of the establishment; and

(ii) enforces the memorandum of understanding against any license holder that obtains a license under paragraph (1)(ii)4 of this subsection and seeks to renew or transfer the license.

(4) For an establishment that is within 300 feet of the nearest point of a place of worship or school, the Board may issue a license in or approve the transfer of a license into the area specified in paragraph (1)(ii)5 of this subsection only if the Board:

(i) has executed a memorandum of understanding with a community association in the area specified in paragraph (1)(ii)5 of this subsection regarding the nature of the establishment; and

(ii) enforces the memorandum of understanding against any license holder that obtains a license under paragraph (1)(ii)5 of this subsection and seeks to renew or transfer the license.

(5) For an establishment that is within 300 feet of the nearest point of a place of worship or school, the Board may issue a license in or approve the transfer of a license into the area specified in paragraph (1)(ii)6 of this subsection only if the license holder has received a letter of support from the place of worship or school that is within the bounded area and has entered into a memorandum of understanding with a community association that is within the bounded area.
Md. Code, Public Safety § 12-918 — MD Code / Article gps / Title 12 / Subtitle 9 / Section 12-918
§12–918.
Status: in_force

This subtitle may be cited as the Boiler and Pressure Vessel Safety Act.
Md. Code, Alcoholic Beverages and Cannabis § 12-2105 — MD Code / Article gab / Title 12 / Subtitle 21 / Section 12-2105
§12–2105.
Status: in_force

(a) When the Board notifies a license holder of a violation alleged against the license and gives notice for the license holder to appear for a hearing, the Board may offer as a compromise, on a form provided by the Board, a monetary penalty if the license holder agrees to:

(1) voluntarily waive the right to a hearing under § 4–603 of this article;

(2) admit to the facts of the violation as alleged;

(3) take the corrective action prescribed in the offer made by the Board; and

(4) accept the monetary penalty offered.

(b) If a license holder does not accept the offer of compromise made by the Board in accordance with subsection (a) of this section, the license holder may accept service of notice of the complaint from the Board and inform the Board of its intent to exercise the right to a hearing under § 4–603 of this article.

(c) If an offer of compromise is accepted by a license holder under subsection (a) of this section, the Board shall:

(1) keep a record of the initial violation alleged against the license holder or the licensed establishment;

(2) issue a written finding that the offer of compromise does not impair the promotion of the peace or safety of the community;

(3) as soon as practicable, state the license holder’s acceptance of the offer of compromise on the record at a hearing of the Board; and

(4) post the result of the Board’s decision in a place accessible by the public.

(d) The Board shall adopt regulations to implement this section.
Md. Code, Local Government § 12-203 — MD Code / Article glg / Title 12 / Subtitle 2 / Section 12-203
§12–203.
Status: in_force

(a) The County Commissioners of Charles County may provide retirement funds for employees who reach retirement age before the establishment of a pension plan under § 12–201 of this subtitle.

(b) (1) The County Commissioners of Charles County shall establish a separate pension plan for sworn employees of the Charles County Sheriff’s department who:

(i) are actively engaged in law enforcement; and

(ii) were working in law enforcement within the department on or before June 30, 1986.

(2) (i) A member may retire if the member has at least 30 years of active service regardless of age.

(ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance equal to 80% of the member’s average base salary for the 3 highest years preceding retirement.

(3) (i) A member may retire with an early retirement allowance if the member has at least 20 years but less than 30 years of active service.

(ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance under paragraph (2)(ii) of this subsection, reduced by 2% for each year that the member’s early retirement date precedes the date the member would have had 30 years of active service.

(4) The contribution rate of a member may not exceed 8% of the member’s base salary.

(5) The pension plan shall include disability provisions and death benefits for the spouse of a member, minor children of a member, or both.

(6) The pension plan shall provide for cost–of–living adjustments and a cash refund of member contributions, plus interest, for a member who terminates employment with the Charles County Sheriff’s department before retirement.

(7) The pension plan shall provide for a credit of 2% for each year of active duty in the armed forces of the United States, for up to 3 years, to be added to the member’s retirement after reaching minimum retirement.

(8) For each member, the provisions of the pension plan shall apply retroactively to the member’s original date of employment.

(9) The pension plan is effective on or after July 1, 1995.

(c) (1) The County Commissioners of Charles County shall establish a separate pension plan for sworn employees of the Charles County Sheriff’s department who:

(i) are actively engaged in law enforcement; and

(ii) were hired by the Sheriff’s department on or after July 1, 1986.

(2) (i) A member may retire if the member has at least 30 years of active service regardless of age.

(ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance equal to 80% of the member’s average base salary for the 3 highest years preceding retirement.

(3) (i) A member may retire with an early retirement allowance if the member has at least 25 years but less than 30 years of active service.

(ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance under paragraph (2)(ii) of this subsection, reduced by 2% for each year that the member’s early retirement date precedes the date the member would have had 30 years of active service.

(4) The pension plan shall include provisions for early retirement after 20 years of service that:

(i) actuarially reduce the retirement allowance depending on the member’s age at the time of retirement and for each year less than 25 years of service; and

(ii) are approved by the county commissioners.

(5) The contribution rate of a member may not exceed 8% of the member’s base salary.

(6) The pension plan shall include disability provisions and death benefits for the spouse of a member, minor children of a member, or both.

(7) The pension plan shall provide for cost–of–living adjustments and a cash refund of member contributions, plus interest, for a member who terminates employment with the Charles County Sheriff’s department before retirement.

(8) The pension plan shall provide for a credit of 2% for each year of active duty in the armed forces of the United States, for up to 3 years, to be added to the member’s retirement after reaching minimum retirement.

(9) The provisions of the pension plan may include any member who was working in law enforcement on July 1, 1986, and shall apply retroactively to the date of that employment.

(10) The pension plan is effective on or after July 1, 1995.

(d) The pension plan established under subsection (b) or (c) of this section may include the Charles County Sheriff.

(e) (1) The County Commissioners of Charles County shall establish a separate pension plan for employees of the Charles County Sheriff’s department who are classified as correctional officers.

(2) (i) A member may retire if the member has at least 25 years of active service regardless of age.

(ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance equal to 2.25% of the member’s average base salary for the 3 highest years preceding retirement multiplied by each year of the member’s years of credited service.

(iii) A member’s retirement allowance provided under this paragraph may not exceed 75% of the member’s average base salary for the 3 highest years preceding retirement.

(3) (i) A member may retire with an early retirement allowance if the member has at least 20 years but less than 25 years of active service.

(ii) The pension plan shall include provisions for early retirement after 20 years of active service that:

1. actuarially reduce the retirement allowance depending on the member’s age at the time of retirement and for each year less than 25 years of service; and

2. are approved by the county commissioners.

(4) The contribution rate of a member may not exceed 7% of the member’s base salary.

(5) The pension plan shall include disability provisions and death benefits for the spouse of a member, minor children of a member, or both.

(6) The pension plan shall provide for cost–of–living adjustments and a cash refund of member contributions for a member who terminates employment with the Charles County Sheriff’s department before retirement.

(7) The pension plan shall provide for a credit for each year of active duty in the armed forces of the United States, for up to 3 years, to be added to the member’s retirement after reaching minimum retirement.

(8) The provisions of the pension plan may include any member who was working as a Charles County correctional officer on July 1, 1995, and shall apply retroactively to the date of that employment.

(9) The pension plan is effective on or after July 1, 1995.

(f) (1) The County Commissioners of Charles County shall establish a separate pension plan for employees of Charles County who are classified as communications employees.

(2) (i) A member may retire if the member has at least 25 years of active service regardless of age.

(ii) On retirement under this paragraph, a member is entitled to receive a retirement allowance equal to 2% of the member’s average base salary for the 3 highest years preceding retirement multiplied by each year of the member’s years of credited service.

(iii) A member’s retirement allowance provided under this paragraph may not exceed 75% of the member’s average base salary for the 3 highest years preceding retirement.

(3) (i) A member may retire with an early retirement allowance if the member has at least 20 years but less than 25 years of active service.

(ii) The pension plan shall include provisions for early retirement after 20 years of active service that:

1. actuarially reduce the retirement allowance depending on the member’s age at the time of retirement and for each year less than 25 years of service; and

2. are approved by the county commissioners.

(4) The contribution rate of a member may not exceed 7% of the member’s base salary.

(5) The pension plan shall include disability provisions and death benefits for the spouse of a member, minor children of a member, or both.

(6) The pension plan shall provide for cost–of–living adjustments and a cash refund of member contributions for a member who terminates employment as a communications employee for Charles County before retirement.

(7) The pension plan shall provide for a credit for each year of active duty in the armed forces of the United States, for up to 3 years, to be added to the member’s retirement after reaching minimum retirement.

(8) The provisions of the pension plan may include any member who was working as a communications employee for Charles County on July 1, 1995, and shall apply retroactively to the date of that employment.

(9) The pension plan is effective on or after July 1, 1995.
Md. Code, Financial Institutions § 12-925 — MD Code / Article gfi / Title 12 / Subtitle 9 / Section 12-925
§12–925.
Status: in_force

A licensee shall include in any advertisement the licensee’s unique identifier.
Md. Code, State Government § 12-402 — MD Code / Article gsg / Title 12 / Subtitle 4 / Section 12-402
§12–402.
Status: in_force

The General Assembly finds that:

(1) the State is a unique body because:

(i) the State is a sovereign political body that the people have established directly for the sole purpose of providing for their government; and

(ii) the revenue of the State derives principally from taxes on the people, rather than from commercial enterprise;

(2) State personnel who are acting within the scope of public duties and responsibilities are carrying out a governmental program under law and, thus, are discharging a part of the purpose and sovereignty of the State;

(3) decisions of courts throughout the United States have created new grounds for personal liability of a public officer or public employee who is discharging a public duty;

(4) those decisions have resulted in:

(i) increased difficulties in recruiting or retaining qualified individuals for public positions that involve the exercise of discretion or dealing with the general public; and

(ii) increased difficulties and expense in protecting these individuals through public liability insurance; and

(5) as a matter of State policy, it is essential to protect from liability State personnel who are acting within the scope of public duties and responsibilities and without malice or gross negligence.
Md. Code, Public Safety § 12-606 — MD Code / Article gps / Title 12 / Subtitle 6 / Section 12-606
§12–606.
Status: in_force

A person shall be certified by the State Fire Marshal as a nongovernmental electrical inspector before the person inspects or certifies an electrical installation.
Md. Code, Public Safety § 12-910 — MD Code / Article gps / Title 12 / Subtitle 9 / Section 12-910
§12–910.
Status: in_force

(a) (1) Each authorized inspection agency that employs a special inspector shall file with the Chief Boiler Inspector a report on:

(i) each certificate inspection; and

(ii) any other inspection for which a report is required to be filed under regulations adopted under this subtitle.

(2) The report filed under paragraph (1) of this subsection shall:

(i) be filed within 30 days after an inspection; and

(ii) be in the form required by regulations adopted under this subtitle.

(3) For each report not filed electronically, the authorized inspection agency shall pay a $5 report filing fee.

(4) Within 24 hours after an inspection, each authorized inspection agency that employs a special inspector shall notify the Chief Boiler Inspector if an inspection reveals a hazardous condition as described in § 12–915(a)(2) of this subtitle that affects the safety of a boiler or pressure vessel.

(b) (1) Each person that operates pressure vessels covered by an owner–user inspection service that meets the requirements of this subtitle shall maintain in its files an inspection record that lists, by a Maryland number and by an abbreviated identification description:

(i) each pressure vessel covered by this subtitle;

(ii) the date of the last inspection of the pressure vessel; and

(iii) the approximate date for the next inspection of the pressure vessel, calculated by applying the appropriate rules for inspection to all data available when the inspection record is compiled.

(2) The inspection record shall be readily available for examination by the Chief Boiler Inspector or authorized representative during business hours.

(3) (i) In addition, the person shall file annually with the Chief Boiler Inspector a statement that:

1. is signed by the professional engineer who supervised the inspections made during the period covered;

2. states the number of pressure vessels covered by this subtitle that were inspected during the year; and

3. certifies that each inspection was conducted in accordance with the inspection requirements of this subtitle.

(ii) The statement shall be accompanied by a filing fee of:

1. $5 per pressure vessel, for a statement that covers not more than 25 pressure vessels;

2. $125, for a statement that covers more than 25 but less than 101 pressure vessels;

3. $250, for a statement that covers more than 100 but less than 501 pressure vessels; or

4. $325, for a statement that covers more than 500 pressure vessels.
Md. Code, Financial Institutions § 12-426 — MD Code / Article gfi / Title 12 / Subtitle 4 / Section 12-426
§12–426.
Status: in_force

(a) Subject to the hearing provisions of § 12-428 of this subtitle, the Commissioner may suspend or revoke the license of any licensee if:

(1) The licensee or any owner, director, officer, member, coventurer, partner, stockholder, employee, or agent of the licensee:

(i) Makes any material misstatement in an application for a license;

(ii) Conducts the business of money transmission in an unsafe or unsound manner;

(iii) Refuses to permit the Commissioner to make an examination authorized under this subtitle;

(iv) Willfully fails to make a report required under this subtitle;

(v) Is convicted under the laws of the United States or any state of a felony or a misdemeanor that is directly related to the fitness and qualification of the person to engage in the business of money transmission;

(vi) In connection with any money transmission transaction:

1. Commits a fraud;

2. Engages in an illegal or dishonest activity; or

3. Misrepresents or fails to disclose a material fact to a governmental agency;

(vii) Violates any provision of this subtitle or any regulation adopted under this subtitle, or any other law regulating the business of money transmission; or

(viii) Otherwise demonstrates unworthiness, bad faith, dishonesty, or any other quality that indicates that the business of the licensee has not been or will not be conducted honestly, fairly, equitably, and efficiently; or

(2) The licensee:

(i) Has inadequate net worth and the licensee, after 10 days’ written notice from the Commissioner, fails to take steps that the Commissioner deems necessary to remedy the deficiency;

(ii) Becomes insolvent;

(iii) Has suspended payment of its obligations, made an assignment for the benefit of its creditors, or admitted its inability to pay its debts as they become due; or

(iv) Has applied for an adjudication of bankruptcy, reorganization, arrangement, or other relief under any bankruptcy proceeding.

(b) In determining whether a license should be suspended or revoked for a reason identified in subsection (a)(1)(v) of this section, the Commissioner shall consider:

(1) The nature of the crime;

(2) The relationship of the crime to the activities authorized by the license;

(3) With respect to a felony, the relevance of the conviction to the fitness and qualification of the licensee to engage in the business of money transmission;

(4) The length of time since the conviction; and

(5) The behavior and activities of the licensee since the conviction.

(c) Subject to the hearing provisions of § 12-428 of this subtitle, the Commissioner may issue an order to the licensee to terminate its relationship with an authorized delegate if the Commissioner finds that:

(1) The authorized delegate or a director, officer, employee, or person that has control of the authorized delegate:

(i) Has violated any provision of this subtitle or any regulation adopted or order issued under this subtitle;

(ii) Has engaged or participated in an unsafe or unsound act with respect to the business of money transmission;

(iii) Has made or caused to be made in any application or report filed with the Commissioner or in a proceeding before the Commissioner, a statement which was at the time and in the circumstances under which it was made, false or misleading with respect to a material fact, or has omitted to state in an application or report a material fact which is required to be stated; or

(iv) Has failed to cooperate with an examination or investigation by the Commissioner authorized by this subtitle; or

(2) The competence, experience, integrity, financial condition, or overall moral character of the authorized delegate, or a director, officer, employee, or person that has control of the authorized delegate, indicates that it would not be in the interest of the public to permit the person to engage in the business of money transmission.

(d) (1) The authorized delegate about whom an order is issued under this section may apply to the Commissioner to modify or rescind the order.

(2) The Commissioner may not grant an application filed under paragraph (1) of this subsection unless the Commissioner finds that:

(i) It is in the public interest to modify or rescind the order; and

(ii) It is reasonable to believe that the authorized delegate, if and when permitted to resume acting as an authorized delegate of a licensee, will comply with all applicable provisions of this subtitle and any regulation adopted or order issued under this subtitle.

(e) (1) The Commissioner may enforce the provisions of this subtitle by issuing an order:

(i) To cease and desist and to take affirmative action from the violation and any further similar violations; and

(ii) Requiring the violator to take affirmative action to correct the violation including the restitution of money or property to any person aggrieved by the violation.

(2) If a violator fails to comply with an order issued under paragraph (1) of this subsection, the Commissioner may impose a civil penalty not exceeding:

(i) $10,000 for the first violation; and

(ii) $25,000 for each subsequent violation from which the violator failed to cease and desist or for which the violator failed to take affirmative action.

(f) The Commissioner may file a petition in the circuit court for any county seeking enforcement of an order issued under this section.

(g) In determining the amount of financial penalty to be imposed under subsection (e) of this section, the Commissioner shall consider the following:

(1) The seriousness of the violation;

(2) The good faith of the violator;

(3) The violator’s history of previous violations;

(4) The deleterious effect of the violation on the public;

(5) The assets of the violator; and

(6) Any other factors relevant to the determination of the financial penalty.
Md. Code, Alcoholic Beverages and Cannabis § 12-1801 — MD Code / Article gab / Title 12 / Subtitle 18 / Section 12-1801
§12–1801.
Status: in_force

(a) The following sections of Title 4, Subtitle 4 (“Renewal of Local Licenses”) of Division I of this article apply in the City without exception or variation:

(1) § 4–402 (“Eligibility for renewal; process”);

(2) § 4–403 (“Renewal application”);

(3) § 4–407 (“Denial of renewal application”);

(4) § 4–408 (“Issuance of renewed licenses”);

(5) § 4–409 (“Multiple licenses”); and

(6) § 4–410 (“Chain store, supermarket, or discount house”).

(b) Section 4–404 (“Filing period for renewal application”) of Division I of this article does not apply in the City and is superseded by § 12–1802 of this subtitle.

(c) The following sections of Title 4, Subtitle 4 (“Renewal of local licenses”) of Division I of this article apply in the City:

(1) § 4–405 (“Contents of renewal application”), subject to §§ 12–1803 and 12–1804 of this subtitle; and

(2) § 4–406 (“Protests”), subject to § 12–1805 of this subtitle.
Md. Code, Commercial Law § 12-1026 — MD Code / Article gcl / Title 12 / Subtitle 10 / Section 12-1026
§12–1026.
Status: in_force

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

(2) “Escrow account” means an expense or escrow account which tends to protect the security of a loan by the accumulation of funds for the payment of taxes, insurance premiums, water and sewer facilities assessments, or other expenses.

(3) “Lending institution” means a bank, savings bank, or savings and loan association doing business in Maryland.

(4) (i) “Water and sewer facilities assessment” means a fee or charge that is:

1. Assessed on an owner of residential real property that is served by public water or wastewater facilities for which deferred water or sewer charges have been established by a recorded covenant or declaration to cover or defray the cost of installing or maintaining during construction all or part of the public water or wastewater facilities constructed by the developer; and

2. Paid to the lienholder of the lien recorded on the residential real property for public water and wastewater facilities.

(ii) “Water and sewer facilities assessment” includes a front foot benefit fee or charge.

(b) (1) A lending institution that makes a loan to a consumer borrower secured by a first mortgage or first deed of trust on residential real property and creates or is the assignee of an escrow account in connection with that loan shall pay interest to the consumer borrower on the funds in the escrow account at an annual rate not less than the weekly average yield on United States Treasury securities adjusted to a constant maturity of 1 year, as published by the Federal Reserve in “Selected Interest Rates (Daily) – H.15”, as of the first business day of the calendar year.

(2) Interest on these funds shall be:

(i) Adjusted, if applicable, as of the first day of each calendar year to reflect the rate to be paid during that year, as determined under paragraph (1) of this subsection;

(ii) Computed on the average monthly balance in the escrow account; and

(iii) Paid annually to the borrower by crediting the escrow account with the amount of interest due.

(3) The lending institution shall annually provide the consumer borrower with a statement of the escrow balance.

(4) The provisions of this subsection do not apply to a lending institution that provides for the payment of taxes, insurance, water and sewer facilities assessments, or other expenses under the direct reduction method by which these expenses, when paid by the lending institution, are added to the outstanding principal balance of the loan.

(5) (i) This subsection does not apply if the loan:

1. Is purchased by an out–of–state lender through the Federal National Mortgage Association, the Government National Mortgage Association, or the Federal Home Loan Mortgage Corporation; and

2. The out–of–state lender elects to service the loan as a condition of purchase.

(ii) Notwithstanding subparagraph (i) of this paragraph, this subsection shall apply if the out–of–state lender:

1. Sells the loan to a Maryland lender; or

2. Places the loan with a Maryland lender for servicing.

(c) (1) Except upon foreclosure, release, or as provided in paragraph (2) of this subsection, funds in any escrow account maintained by a credit grantor on behalf of a consumer borrower for use in paying taxes, insurance premiums, ground rents, and water and sewer facilities assessments may not be used:

(i) To reduce the principal; or

(ii) To pay interest or other loan charges.

(2) If there is periodically a balance in the escrow account maintained by a credit grantor on behalf of a consumer borrower which exceeds the amount stated in the agreement, note, or other evidence of the loan, the consumer borrower shall be given at least annually the option of:

(i) Receiving a refund of the excess amount;

(ii) Applying the excess amount to the payment of principal and interest; or

(iii) Leaving the excess amount in the escrow account.

(3) A refund of any excess amount shall be made:

(i) Within 60 days after the receipt by the credit grantor of the consumer borrower’s request for a refund; or

(ii) If the consumer borrower has not notified the credit grantor of the option chosen by the consumer borrower, within 60 days after the date the credit grantor mailed notice of an excess amount.

(4) (i) Subject to subparagraph (iii) of this paragraph, if, after recalculating the amount that is required to be maintained in escrow under a first mortgage or first deed of trust on residential real property, a credit grantor or a servicer of a loan determines that the amount that a consumer borrower is required to pay must increase, the credit grantor or servicer may not include, for a 1–year period after the determination is made, the amount of the increase in escrow payments in any calculation of the amount of interest or any fee due under the loan.

(ii) This paragraph may not be construed to limit the ability of a credit grantor or a servicer of a loan to impose a late fee for any escrow payment that is due and not timely paid.

(iii) 1. In this subparagraph, “other expenses” does not include money required by a credit grantor or a servicer of a loan for an escrow account cushion as permitted by the federal Real Estate Settlement Procedures Act.

2. A credit grantor or a servicer of a loan may charge interest to a consumer borrower on the amount of funds the credit grantor or servicer advances to pay taxes, insurance premiums, or other expenses owed by the consumer borrower in order to protect the security of the loan.

3. Interest may be charged by a credit grantor or a servicer of a loan under subsubparagraph 2 of this subparagraph only if:

A. The credit grantor or servicer advances its own funds because funds of the consumer borrower were not available to pay the taxes, insurance premiums, or other expenses owed by the consumer borrower;

B. The need for the advance was not caused by an error of the credit grantor or servicer in servicing the loan;

C. The credit grantor or servicer provides notice to the consumer borrower that the advance was made and that interest will be charged on the advance;

D. Interest does not begin to accrue until 60 days after notice has been provided to the consumer borrower in accordance with item C of this subsubparagraph;

E. Interest is charged only on the amount of funds actually advanced by the credit grantor or servicer after the credit grantor or servicer has used all available funds of the consumer borrower to pay taxes, insurance premiums, or other expenses owed by the consumer borrower; and

F. The consumer borrower is permitted to repay the advance as permitted by the federal Real Estate Settlement Procedures Act.

(d) (1) Funds in any escrow account shall be kept separate from and may not be commingled with the funds of the credit grantor.

(2) A credit grantor may place escrow funds received in connection with more than one loan into a single escrow account.

(3) In the event of the bankruptcy of the credit grantor, any escrow funds placed in any escrow account may not be considered to be part of the bankrupt estate of the credit grantor.

(e) A credit grantor may not impose a collection fee or service charge on the maintenance of an escrow account on a first mortgage or first deed of trust.

(f) On request of a consumer borrower, a lending institution that makes a loan to the consumer borrower secured by a first mortgage or first deed of trust on residential real property may, at the option of the lending institution, create an escrow account in connection with that loan solely for the payment of water and sewer facilities assessments.
Md. Code, Environment § 12-102 — MD Code / Article gen / Title 12 / Subtitle 1 / Section 12-102
§12–102.
Status: in_force

The General Assembly enacts this title to establish a certification program for superintendents, operators, and industrial operators of waterworks, wastewater works, and industrial wastewater works:

(1) To protect the quality of water in which wastes are placed;

(2) To protect the public health; and

(3) To prevent pollution.
Md. Code, Local Government § 12-402 — MD Code / Article glg / Title 12 / Subtitle 4 / Section 12-402
§12–402.
Status: in_force

(a) (1) The County Commissioners of Calvert County may acquire an option on real property that is needed for a public purpose.

(2) For at least 3 successive weeks immediately after acquiring an option to lease or purchase real property, the county commissioners shall publish notice of the option in at least one newspaper of general circulation in the county.

(3) The notice shall include:

(i) the name of the optionee;

(ii) the purpose for securing the option; and

(iii) the price and terms of the option.

(b) (1) The County Commissioners of Calvert County may:

(i) purchase or lease personal property under a multiyear contract that requires the county commissioners to make installment or rental payments during 2 or more fiscal years;

(ii) pay interest as part of any installment or rental payments in accordance with the terms of the contract; and

(iii) pledge and assign the personal property purchased or leased to secure the obligation.

(2) (i) The county commissioners may enter into a contract under paragraph (1) of this subsection only if:

1. the county commissioners have appropriated money sufficient to pay the amount due under the contract during the first fiscal year in which the contract is effective;

2. subject to subparagraph (ii) of this paragraph, the contract authorizes the county commissioners to terminate the contract if money sufficient to pay the amount due under the contract for any fiscal year is not appropriated;

3. the contract provides that, except if the county commissioners default in payment under the contract, an obligation for payment under the contract is limited to money appropriated for contract payment for that fiscal year; and

4. the contract provides that, if the county commissioners default in payment under the contract, the obligation for payment is limited to:

A. money appropriated for contract payments for that fiscal year;

B. any money realized from the personal property purchased or leased under the contract; and

C. any other money legally available for contract payment.

(ii) The contract may provide that a contract termination is ineffective if the county commissioners purchase or lease personal property similar or functionally related to the property purchased or leased under the contract within a specified period of time.

(c) (1) The County Commissioners of Calvert County may lease or sell surplus county real property.

(2) (i) If the county commissioners decide to sell real property where a facility for which the county commissioners appropriated at least $1,000 in any year is located, the county commissioners shall sell the property by sealed bids.

(ii) The county commissioners shall advertise an invitation for bids for at least 3 successive weeks in at least one newspaper of general circulation in the county.

(iii) The advertisement shall:

1. accurately describe the property;

2. state the time and place for the opening of the bids; and

3. state that the county commissioners reserve the right to reject a bid.

(iv) The county commissioners shall open all bids publicly at the time stated in the advertisement.

(v) The county commissioners shall sell the property to the highest bidder, unless the county commissioners determine that the county would be better served by selling the property to another bidder.

(vi) If the county commissioners reject all bids or if no bids are submitted, the county commissioners may dispose of the property in a manner that the county commissioners determine to be appropriate.

(d) (1) Except as provided in paragraph (2) of this subsection, the County Commissioners of Calvert County may transfer, convey, or lease any interest in the real property known as the Solomons Elementary School property to the Calvert County Historical Society, Inc., for use as a public maritime museum without complying with the requirements of this section.

(2) A transfer of real property to the Calvert County Historical Society, Inc., under this subsection is subject to subsection (e)(2) and (3) of this section.

(3) If the Solomons Elementary School property ceases to be used as a museum open to the public, the property immediately shall revert to the county.

(e) (1) (i) By resolution, the County Commissioners of Calvert County may transfer an interest in real property to the federal government, the State, a political subdivision, or a public instrumentality without consideration if the property will be used for a public purpose.

(ii) A transfer instrument executed under this paragraph shall include a provision that the property shall revert to the county if the property ceases to be used for a public purpose, unless the county commissioners expressly waive receipt of the reversionary interest at the time the transferee ceases to use the property for a public purpose.

(2) By resolution, the county commissioners may donate an interest in surplus real property to a private, nonprofit corporation for educational, human services, housing, cultural, recreational, or community uses.

(3) Before transferring or donating property under this subsection, the county commissioners shall:

(i) hold a public hearing at least 10 days before taking action on the proposed resolution;

(ii) publish notice of the hearing and a synopsis of the proposed resolution once each week for 2 successive weeks before the hearing in at least one newspaper of general circulation in the county; and

(iii) have an appraisal made of the property for discussion at the hearing.

(f) (1) The County Commissioners of Calvert County may:

(i) provide wholly or partly for the financing of the purchase, construction, rehabilitation, or development of housing or a housing project; and

(ii) record a deed of trust, mortgage, or other instrument on the property where the housing or housing project is located to ensure repayment of money provided under this paragraph.

(2) The county commissioners shall:

(i) adopt a resolution each time money is provided under this subsection;

(ii) hold a public hearing at least 10 days before taking action on a proposed resolution; and

(iii) publish notice of the hearing and a synopsis of the proposed resolution once each week for 2 successive weeks before the hearing in at least one newspaper of general circulation in the county.
Md. Code, Commercial Law § 12-103 — MD Code / Article gcl / Title 12 / Subtitle 1 / Section 12-103
§12–103.
Status: in_force

(a) (1) Except as provided in subsections (b), (c), (d), (e), and (f) of this section, a lender may charge interest at an effective rate of simple interest not in excess of 8 percent per year on the unpaid principal balance of a loan if there is a written agreement signed by the borrower which sets forth the stated rate of interest charged by the lender.

(2) If a loan made under paragraph (1) of this subsection is secured by the pledge of collateral which is a certificate of deposit held by the borrower, the lender may charge interest at a rate not to exceed 2 percent in excess of the rate of interest payable on the certificate of deposit.

(3) If a loan made under paragraph (1) of this subsection is secured by the pledge of collateral which is other than a savings account or if such loan is unsecured, the lender may charge a rate of interest not in excess of 18 percent. However, on a loan made on or after July 1, 1982, a lender may charge an effective rate of simple interest not in excess of 24 percent per year on the unpaid principal balance, provided that:

(i) If the loan is a renewal or refinancing of a loan made prior to July 1, 1982, the lender complies with § 12–116 of this subtitle;

(ii) If the loan includes a provision for a rate of interest which may be adjusted by the lender during the term of the loan, the lender complies with § 12–118 of this subtitle;

(iii) Upon the borrower’s default, if the loan is secured by personal property, the lender complies with § 12–115 of this subtitle concerning repossession and redemption of the goods securing the loan;

(iv) If the loan is for the purchase of consumer goods, the loan contract complies with § 12–117 of this subtitle; and

(v) The loan does not include a balloon payment, unless payment in full is due on demand or in one year or less.

(b) (1) A lender may charge interest at any effective rate of simple interest on the unpaid principal balance of a loan if:

(i) There is a written agreement signed by the borrower which sets forth the stated rate of interest charged by the lender;

(ii) The loan is secured by a first mortgage or first deed of trust on any interest in residential real property;

(iii) There is no prepayment penalty in connection with the loan;

(iv) The loan is made and the mortgage or deed of trust is executed after the effective date of this section;

(v) The loan is not a refinancing of a loan secured by a first mortgage or first deed of trust on any interest in residential real property unless:

1. The lender is a banking institution, a national banking association, a federal savings bank, a federal or State savings and loan association, or a federal or State credit union; or

2. The loan is subject to the provisions of § 501(a)(1) of the Depository Institutions Deregulation and Monetary Control Act of 1980, Public Law 96–221, 94 Stat. 161; and

(vi) The lender does not require payment of any interest in advance except any points permitted under this subtitle.

(2) For purposes of this subsection, “refinancing” means increasing or altering the balance due, the term, or the interest rate of an existing loan or paying off an existing loan whether or not the lender also made the existing loan.

(3) (i) If the loan is a refinancing, the lender is limited as to the interest, fees and other charges made in connection with the refinanced loan to those provided in Subtitle 4 of this title.

(ii) The provisions of subparagraph (i) of this paragraph do not apply to:

1. A purchase money loan;

2. A lender refinancing an existing loan if the lender is a banking institution, a national banking association, a federal savings bank, a federal or State savings and loan association, a federal or State credit union, or a credit grantor refinancing the loan pursuant to Subtitle 9 or Subtitle 10 of this title; or

3. A loan that is subject to the provisions of § 501(a)(1) of the Depository Institutions Deregulation and Monetary Control Act of 1980, Public Law 96–221, 94 Stat. 161.

(4) A lender making a mortgage loan as defined under § 11–501 of the Financial Institutions Article shall be subject to the licensing provisions of Title 11, Subtitle 5 of the Financial Institutions Article.

(c) (1) Subject to paragraph (2) of this subsection, a lender may charge interest at an effective rate of simple interest not in excess of 18 percent per year on the unpaid principal balance of the loan. However, on a loan made on or after July 1, 1982, a lender may charge an effective rate of simple interest not in excess of 24 percent per year on the unpaid principal balance of the loan provided that:

(i) If the loan is a renewal or refinancing of a loan made prior to July 1, 1982, the lender complies with § 12–116 of this subtitle;

(ii) If the loan includes a provision for a rate of interest which may be adjusted by the lender during the term of the loan, the lender complies with § 12–118 of this subtitle;

(iii) Upon the borrower’s default, if the loan is secured by personal property, the lender complies with § 12–115 of this subtitle concerning repossession and redemption of the goods securing the loan;

(iv) If the loan is for the purchase of consumer goods, the loan contract complies with § 12–117 of this subtitle; and

(v) The loan does not include a balloon payment, unless payment in full is due on demand or in 1 year or less.

(2) The rates permitted by this subsection may be charged only if:

(i) There is a written agreement signed by the borrower which sets forth the stated rate of interest charged by the lender;

(ii) The loan is not secured by a first mortgage or first deed of trust on real property;

(iii) The borrower is required to repay the loan in periodic installments, which may be regular, irregular, equal or unequal installments;

(iv) The loan is not secured by a confession of judgment or power of attorney to the lender or to a third person to confess judgment or appear for the borrower in a judicial proceeding;

(v) The loan is not secured by an instrument in which blanks are left to be filled after execution;

(vi) The loan is not secured by a note, promise to pay, or security instrument which does not state:

1. The principal amount of the loan;

2. A schedule of payments or a description of the schedule; and

3. The agreed amount or rate of interest, charges, and fees to be charged;

(vii) The loan is not secured by real property;

(viii) The loan is not secured by personal property for any loan under $700 in value or amount; and

(ix) The loan is not fully secured by investment securities or savings accounts.

(3) If interest on a loan made under this subsection is precomputed, and if the effective rate of simple interest required to be disclosed under § 12–106 of this subtitle is exceeded by reason of a prepayment of the loan, the lender shall refund the excess to the borrower or credit it to any unpaid principal balance owed by him.

(4) A lender who makes a loan under this subsection is subject to the licensing provisions of Title 11, Subtitle 3 of the Financial Institutions Article.

(d) A lender may charge interest at any rate not in excess of that permitted by federal law if the loan is:

(1) Secured by a mortgage or deed of trust;

(2) Insured or guaranteed in full or in part by the Federal Housing Administration, Veterans Administration, or any other federal agency or instrumentality; and

(3) Made in full compliance with applicable federal law.

(e) (1) A lender may charge interest at any rate if the loan is:

(i) A loan made to a corporation;

(ii) A commercial loan in excess of $15,000 not secured by residential real property; or

(iii) A commercial loan in excess of $75,000 secured by residential real property.

(2) Commercial loans to individuals secured by residential real property shall comply with the provisions of § 12–407.1 of this article.

(3) As used in this subsection, residential real property is owner–occupied property having a dwelling on it designated principally as a residence with accommodations for not more than 4 families.

(f) A broker or dealer, who is registered under the Securities Exchange Act of 1934, as amended, and under Title 11 of the Corporations and Associations Article, and who extends credit to a customer on pledged securities, may charge the customer on his debit balance interest at any rate if:

(1) The debit balance is payable on demand; and

(2) The debit balance is secured by securities as defined in § 11–101(s) of the Corporations and Associations Article.
Md. Code, Business Regulation § 12-306 — MD Code / Article gbr / Title 12 / Subtitle 3 / Section 12-306
§12–306.
Status: in_force

(a) A dealer shall allow an authorized law enforcement officer or agent, on request, to enter the place of business or storage premises of the dealer during business hours to inspect a record required to be maintained under this title or precious metal object as part of a stolen property investigation or an investigation of a violation of this title.

(b) (1) On request of the dealer, the officer or agent shall make the inspection in the presence of the dealer or an agent of the dealer.

(2) If the dealer refuses to allow access or produce the record or precious metal object for inspection, the officer or agent shall seek a search warrant.

(3) A warrant authorizing an administrative inspection for possible regulatory violations shall be issued if the officer or agent establishes probable cause for the selection of the place of business in question for inspection and that the inspection will be reasonably limited in time, place, and scope.

(c) A dealer who refuses to allow access or to produce records or precious metal objects for inspection on request, shall be subject to the provisions of § 12–209 of this title and, in addition, may be assessed a civil penalty as provided in subsection (d) of this section.

(d) (1) The Secretary may impose on a licensee who violates this section a civil penalty not exceeding $500 for each violation.

(2) In setting the amount of a civil penalty under this subsection, the Secretary shall consider:

(i) the seriousness of the violation;

(ii) the good faith of the violator;

(iii) any previous violations;

(iv) the harmful effect of the violation on the complainant, the public, and the business of the dealer or pawnbroker; and

(v) any other relevant factors.
Md. Code, Labor and Employment § 12-202 — MD Code / Article gle / Title 12 / Subtitle 2 / Section 12-202
§12–202.
Status: in_force

(a) The Board shall meet at the times and places that the Board determines.

(b) (1) The Board may employ a staff and may hire consultants, administrators, and other professionals as necessary to help implement, maintain, and administer the Program and the Trust.

(2) All expenses, including employee costs, incurred to implement, maintain, and administer the Program and the Trust shall be paid from money collected by or for the Program or the Trust.

(3) Consistent with its fiduciary duties, the Board may enter into an agreement to borrow funds from the State or any other entity to provide funding for the operation of the Program until the Program can generate sufficient funding for operations through fees assessed on Program accounts.
Md. Code, Environment § 12-301 — MD Code / Article gen / Title 12 / Subtitle 3 / Section 12-301
§12–301.
Status: in_force

(a) Except as otherwise provided in this section, an individual shall be certified by the Board in an appropriate classification before a waterworks, wastewater works, or industrial wastewater works may employ the individual as:

(1) A superintendent; or

(2) An operator or industrial operator in a job function determined by the Secretary.

(b) This section does not prevent a governmental agency or a person from continuing to employ in a waterworks, wastewater works, or industrial wastewater works, until July 2, 1982, an operator or industrial operator who is not certified under this title.
Md. Code, Health Occupations § 12-309 — MD Code / Article gho / Title 12 / Subtitle 3 / Section 12-309
§12–309.
Status: in_force

(a) Except as permitted in subsections (b) and (c) of this section, the Board may not renew the license and issue a certificate of renewal to any pharmacist until the pharmacist presents evidence of having completed 30 hours of approved continuing pharmaceutical education within the preceding 2 years.

(b) The Board may renew the license and issue a certificate of renewal to a pharmacist who presents acceptable evidence that the pharmacist was unable to comply with subsection (a) of this section.

(c) The Board may renew the license and issue a certificate of renewal for the first renewal period following the issuance of the original license without requiring a pharmacist to complete any continuing pharmaceutical education, if the pharmacist obtains a license within 1 year of the completion of the pharmacist’s pharmaceutical education.

(d) The Board shall evaluate and approve programs of continuing pharmaceutical education submitted to the Board by the person who intends to offer the program.

(e) Each program of continuing pharmaceutical education shall consist of at least 1 continuing education unit, which is 1 hour of participation in an organized continuing educational experience, including postgraduate studies, institutes, seminars, lectures, conferences, workshops, correspondence courses, cassette programs, programmed learning courses, audiovisual programs, and any other form of presentation that is approved by the Board.

(f) Any aspect of the practice of pharmacy may be the subject of a program of continuing pharmaceutical education, including pharmaceutics (compounding), pharmacology, pharmaceutical chemistry, biochemistry, physiology, microbiology, pharmacy administration, and professional practice management.

(g) Each program of continuing pharmaceutical education submitted to the Board of Pharmacy for approval shall:

(1) Have a definite stated objective;

(2) Be presented in an organized manner by a qualified instructor or resource person; and

(3) Include a method of program evaluation that is suitable to the type of program being presented.

(h) Each person who offers a program of continuing pharmaceutical education shall:

(1) Provide a means for registration by the participants;

(2) Maintain a record of participation for at least 3 years; and

(3) Furnish each participant with adequate documentation of satisfactory completion of the program, including:

(i) The name of the participant;

(ii) The name of the sponsor;

(iii) The type of program completed;

(iv) The number of continuing education hours or units completed; and

(v) The date of completion.

(i) For purposes of evaluation, members of the Board may attend and participate in any continuing pharmaceutical education program approved for credit.

(j) A pharmacist who completes a program of continuing pharmaceutical education that is not previously approved by the Board may request the Board, in writing, to approve the program for credit.

(k) The Board shall adopt regulations that are necessary to carry out the purposes of this section.

(l) Any continuing education program that is currently approved by the American Council on Pharmaceutical Education automatically qualifies for continuing education credit.
Md. Code, Alcoholic Beverages and Cannabis § 12-1603 — MD Code / Article gab / Title 12 / Subtitle 16 / Section 12-1603
§12–1603.
Status: reserved

(a) The alcoholic beverages districts described in this section at all times are coterminous with the legislative districts in the Legislative Districting Plan of 2022.

(b) Except as provided in subsection (c) of this section, the Board may not issue a new license in:

(1) the 40th alcoholic beverages district;

(2) the 41st alcoholic beverages district;

(3) the 43rd alcoholic beverages district;

(4) the 44th alcoholic beverages district; and

(5) the 45th alcoholic beverages district.

(c) The Board may issue:

(1) in the alcoholic beverages districts specified in subsection (b) of this section:

(i) a 1–day license; or

(ii) a Class B beer, wine, and liquor license to a restaurant that:

1. has a minimum capital investment, not including the cost of land and buildings, of $200,000 for restaurant facilities; and

2. has a minimum seating capacity of 75 individuals;

(2) subject to item (22) of this subsection, a Class C beer, wine, and liquor license in the 45th alcoholic beverages district;

(3) a Class C beer, wine, and liquor license in ward 5, precinct 1 of the 44th alcoholic beverages district;

(4) a Class C beer, wine, and liquor license in the 200 block of West Saratoga Street in ward 4, precinct 3 of the 40th alcoholic beverages district;

(5) if the applicant executes a memorandum of understanding with the Charles North Community Association, a Class C beer, wine, and liquor license to a club in the area bounded by North Charles Street on the west, East Lafayette Avenue on the north, North Lovegrove Street on the east, and East Lanvale Street on the south in the 45th alcoholic beverages district;

(6) a Class B–D–7 license in the unit block of West North Avenue in the 45th alcoholic beverages district;

(7) two Class B–D–7 licenses in the 2100 block of North Charles Street in the 43rd alcoholic beverages district;

(8) two Class B–D–7 licenses in the 2100 block of Maryland Avenue in the 43rd alcoholic beverages district;

(9) subject to the requirements under subsection (e) of this section, four Class B–D–7 licenses in the 43rd alcoholic beverages district;

(10) a Class B–D–7 license in the 5400 block of Harford Road in the 45th alcoholic beverages district if:

(i) average daily receipts from the sale of food are at least 65% of the applicant’s total daily receipts;

(ii) the applicant executes a memorandum of understanding with a community association;

(iii) the applicant does not create a separate package goods department;

(iv) alcoholic beverages are served to patrons seated at tables; and

(v) alcoholic beverages are served only with meals to patrons provided with outdoor table service;

(11) a Class B–D–7 license in the 4800 block of Harford Road in the 45th alcoholic beverages district if:

(i) average daily receipts from the sale of food are at least 65% of the applicant’s total daily receipts;

(ii) the applicant executes a memorandum of understanding with a community association;

(iii) the applicant does not create a separate package goods department;

(iv) alcoholic beverages are served to patrons seated at tables; and

(v) alcoholic beverages are served only with meals to patrons provided with outdoor table service;

(12) a Class B–D–7 license on the eastern side of the 400 block of North Howard Street in the 40th alcoholic beverages district if:

(i) the applicant does not convert the license to a different license class;

(ii) alcoholic beverages are served outdoors only to patrons seated at tables or standing in a courtyard area;

(iii) the applicant does not allow the off–premises sale of alcoholic beverages;

(iv) alcoholic beverages sales begin no earlier than 10 a.m.; and

(v) the applicant executes memorandums of understanding with the Downtown Partnership of Baltimore and the Market Center Merchants Association;

(13) if the applicant executes a memorandum of understanding with the Bolton Hill Community Association, a Class C beer, wine, and liquor license in the 1200 block of Eutaw Place in the 40th alcoholic beverages district;

(14) a Class B–D–7 license in the 700 block of Washington Boulevard in the 40th alcoholic beverages district if:

(i) average daily receipts from the sale of food are at least 65% of the applicant’s total daily receipts;

(ii) the applicant executes a memorandum of understanding with a community association;

(iii) the applicant does not create a separate package goods department;

(iv) alcoholic beverages are served to patrons seated at tables; and

(v) alcoholic beverages are served only with meals to patrons provided with outdoor table service;

(15) a Class B–D–7 license in the 300 block of North Charles Street in the 40th alcoholic beverages district to an establishment that has a minimum capital investment, not including the cost of land and buildings, of $50,000 for the establishment’s facilities;

(16) a Class C beer, wine, and liquor license in the 3600 block of Hickory Avenue in the 40th alcoholic beverages district to a holder of a Class C beer and light wine license;

(17) a Class A–7 beer, wine, and liquor license in the 1200 block of West North Avenue in the 40th alcoholic beverages district, if:

(i) the applicant executes a memorandum of understanding with the Penn North Community Association;

(ii) alcoholic beverages are sold only as part of a gift basket or floral arrangement; and

(iii) the applicant does not hold or apply for a Class BWLT beer, wine, and liquor (on–premises) tasting license;

(18) a Class B beer, wine, and liquor license for a restaurant on the even side of the 400 block of West 29th Street in the 40th alcoholic beverages district if:

(i) the applicant executes a memorandum of understanding with the Greater Remington Improvement Association; and

(ii) the Board waives a minimum seating requirement under item (1)(ii)2 of this subsection;

(19) a Class B–D–7 license in the 2600 block of Huntingdon Avenue in the 43rd alcoholic beverages district if:

(i) average daily receipts from the sale of items other than package goods are at least 51% of the applicant’s total daily receipts;

(ii) the applicant executes a memorandum of understanding with the Greater Remington Improvement Association; and

(iii) the applicant does not create a separate package goods department;

(20) three Class B–D–7 licenses in the 2700 block of Huntingdon Avenue in the 43rd alcoholic beverages district if:

(i) average daily receipts from the sale of items other than package goods are at least 51% of the applicant’s total daily receipts;

(ii) the applicant executes a memorandum of understanding with the Greater Remington Improvement Association; and

(iii) the applicant does not create a separate package goods department;

(21) a Class B–D–7 license in the 300 block of West 29th Street in the 43rd alcoholic beverages district if:

(i) average daily receipts from the sale of items other than package goods are at least 51% of the applicant’s total daily receipts;

(ii) the applicant executes a memorandum of understanding with the Greater Remington Improvement Association; and

(iii) the applicant does not create a separate package goods department;

(22) a Class C beer, wine, and liquor license in the 400 block of East Oliver Street in the 45th alcoholic beverages district, only if:

(i) the applicant does not convert the license to a different license class;

(ii) alcoholic beverages are served outdoors only to patrons seated at tables or standing in a courtyard area;

(iii) the applicant does not allow the off–premises sale of alcoholic beverages;

(iv) alcoholic beverages sales begin not earlier than 10 a.m.; and

(v) the applicant executes a memorandum of understanding with the Greenmount West Community Association;

(23) a Class C beer and light wine license in the 2500 block of West North Avenue in the 40th alcoholic beverages district to be used during on–campus events if:

(i) the applicant executes a memorandum of understanding with the Greater Mondawmin Coordinating Council; and

(ii) the Board waives any requirements that sales can be made only to members and the guests of members;

(24) a Class C beer and wine license on the odd side of the 800 block of North Howard Street in the 40th alcoholic beverages district if:

(i) the applicant does not convert the license to a different license class;

(ii) the applicant does not transfer the license to a different location;

(iii) alcoholic beverages are served only to patrons indoors;

(iv) alcoholic beverages sales begin not earlier than 10 a.m. and end not later than 9 p.m.;

(v) the applicant provides not more than two 12–ounce offerings of beer or two 6–ounce offerings of wine by the glass for on–premises consumption by a patron while the patron is provided a barbering service regulated under Title 4, Subtitle 5 of the Business Occupations and Professions Article;

(vi) the Board waives any requirements that sales can be made only to members and the guests of members; and

(vii) the applicant executes a memorandum of understanding with the Mount Vernon – Belvedere Association;

(25) a Class B beer, wine, and liquor license for a restaurant on the even side of the unit block of South Carrollton Avenue in the 40th alcoholic beverages district if:

(i) the applicant executes a memorandum of understanding with the Hollins Roundhouse Association; and

(ii) the Board waives the minimum seating requirement under item (1)(ii)2 of this subsection; and

(26) a Class C beer, wine, and liquor license on the odd side of the 800 block of North Howard Street in the 40th alcoholic beverages district if:

(i) the applicant does not convert the license to a different license class;

(ii) the applicant does not transfer the license to a different location;

(iii) alcoholic beverages are served only to patrons indoors;

(iv) alcoholic beverages sales begin not earlier than 10 a.m. and end not later than 9 p.m.;

(v) the applicant provides not more than two 12–ounce offerings of beer, two 6–ounce offerings of wine by the glass, or two 1.5–ounce offerings of liquor for on–premises consumption by a patron while the patron is provided a barbering service regulated under Title 4, Subtitle 5 of the Business Occupations and Professions Article;

(vi) the Board waives any requirements that sales can be made only to members and the guests of members; and

(vii) the applicant executes a memorandum of understanding with the Mount Vernon – Belvedere Association.

(d) One Class B–D–7 license issued for a property surrounded by Morton Street on the west, West Eager Street on the north, North Charles Street on the east, and West Read Street on the south may be transferred to a property surrounded by 21st Street on the north, Morton Street on the west, North Charles Street on the east, and 20th Street on the south.

(e) (1) In this subsection, “Old Goucher Revitalization District” means the area surrounded by Howard Street on the west, 25th Street on the north, Hargrove Street on the east, and 21st Street on the south.

(2) If an establishment has a minimum capital investment, not including land and acquisition costs, of $50,000, the Board may issue one Class B–D–7 license for use in each of the following properties in the Old Goucher Revitalization District:

(i) a property that is surrounded by Maryland Avenue on the west, 24th Street on the north, Morton Street on the east, and 22nd Street on the south;

(ii) a property that is surrounded by Morton Street on the west, 23rd Street on the north, Lovegrove Street on the east, and 22nd Street on the south;

(iii) a property that is surrounded by Morton Street on the west, Ware Street on the north, Charles Street on the east, and 24th Street on the south; and

(iv) a property that is surrounded by Maryland Avenue on the west, 24th Street on the north, Morton Street on the east, and 23rd Street on the south.

(3) A Class B–D–7 license that may be issued under subsection (c)(6) or (7) of this section may be transferred within the Old Goucher Revitalization District.
Md. Code, Local Government § 12-902 — MD Code / Article glg / Title 12 / Subtitle 9 / Section 12-902
§12–902.
Status: in_force

(a) In this section, “agreement” means an agreement to purchase development rights authorized under this section.

(b) This section applies only in:

(1) Anne Arundel County;

(2) Baltimore County;

(3) Carroll County;

(4) Howard County; and

(5) Prince George’s County.

(c) A county may enter into an agreement to purchase development rights.

(d) Except as otherwise provided in this section, a county may determine, by resolution, the provisions, terms, conditions, and duration of an agreement.

(e) A payment obligation in an agreement:

(1) is a general obligation of the county to which its full faith and credit and unlimited taxing power is pledged; and

(2) is not subject to annual appropriation by the county.

(f) A county may undertake a payment obligation in an agreement:

(1) without regard to any limitations contained in its charter or other public local law or public general law; and

(2) without complying with any procedures contained in its charter or other public local law or public general law.

(g) The exercise of the authority granted in this section to enter into an agreement with a payment obligation for a term of years constitutes the exercise of borrowing authority.

(h) An agreement, the transfer or assignment of the agreement, and any payment required by the agreement are exempt from taxation by the State or any county, municipality, or public agency.
Md. Code, Transportation § 12-113.1 — MD Code / Article gtr / Title 12 / Subtitle 1 / Section 12-113.1
§12–113.
Status: in_force

§12–113.1. IN EFFECT

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

(2) “Agency” means a State police department, the State Highway Administration, a local police department, or another local agency that implements and operates an automated enforcement program.

(3) “Appropriate traffic enforcement purpose” means the detection, investigation, or analysis of, or assessment or adjudication of liability for, a violation.

(4) “Automated enforcement” means the use of cameras, monitoring devices, and other technology by an agency to capture recorded images of a motor vehicle being operated in violation of a traffic law.

(5) “Facial recognition technology” means a biometric software application that identifies or verifies the identity of an individual by comparing and analyzing patterns based on an individual’s facial contours.

(6) “Law enforcement agency” has the meaning stated in § 3–201 of the Public Safety Article.

(7) “Program” means an automated enforcement program implemented and operated by an agency.

(8) “Recorded image or associated data” means any image or data recorded under a program by electronic or digital means, by photographic means, or by way of any other medium that:

(i) Shows a motor vehicle;

(ii) Clearly identifies the entire registration plate number of the motor vehicle; and

(iii) May constitute evidence of a violation.

(9) “Violation” means a traffic violation that a particular automated enforcement system is intended to capture.

(b) This section applies to:

(1) Traffic control signal monitoring systems under § 21–202.1 of this article;

(2) Automated railroad grade crossing enforcement systems under § 21–704.1 of this article;

(3) School bus monitoring cameras under § 21–706.1 of this article;

(4) Stop sign monitoring systems under § 21–707.1 of this article;

(5) Speed monitoring systems under § 21–809 of this article;

(6) Work zone speed control systems under § 21–810 of this article;

(7) Bus lane monitoring systems under § 21–1134 of this article;

(8) Noise abatement monitoring systems under § 22–612 of this article;

(9) Vehicle height monitoring systems under § 24–111.3 of this article; and

(10) Any other automated traffic enforcement system authorized under State law.

(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, an agency may not access or use a recorded image or associated data without a warrant, subpoena, or court order unless the access or use is for an appropriate traffic enforcement purpose.

(2) (i) Subject to subparagraph (ii) of this paragraph, a law enforcement agency may access and use a recorded image or associated data already retained by the law enforcement agency if:

1. The law enforcement agency documents a request to access and use the recorded image or associated data that articulates a specific legitimate law enforcement purpose for accessing and using the recorded image or associated data; and

2. The custodian of the recorded image or associated data maintains a written record of the request and whether or not the request was granted.

(ii) A law enforcement agency that accesses a recorded image or associated data under this paragraph may use the recorded image or associated data only for the legitimate law enforcement purpose described in the request required by subparagraph (i)1 of this paragraph.

(3) An employee or a contractor of an agency may access and use a recorded image and associated data:

(i) To administer and process citations or to audit or evaluate the accuracy of the automated enforcement system; and

(ii) In a manner consistent with subsection (d) of this section.

(4) An agency that knowingly violates this subsection is subject to a fine not exceeding $1,000 for each violation.

(d) (1) An agency shall immediately remove from its records and destroy any recorded image or associated data captured under a program that does not constitute evidence of a violation.

(2) A recorded image or associated data captured under a program that constitutes evidence of a violation may be retained only until the earlier of:

(i) 1 year following the conclusion of any criminal investigation or the exhaustion of all the avenues of adjudication for the violation; or

(ii) 5 years after the day on which the recorded image or associated data was captured.

(3) Before an agency removes and destroys a recorded image or associated data, the agency may disaggregate the data for analysis purposes in a manner that does not identify any individual or vehicle.

(e) (1) An agency that implements and operates a program shall adopt procedures relating to the operation of the program and the use of automated enforcement systems.

(2) The procedures shall:

(i) Identify the employee classifications in the agency that have authorization to access or use recorded images and associated data produced by an automated enforcement system;

(ii) Establish an audit process to ensure that information obtained through the use of an automated enforcement system is used only for appropriate traffic enforcement purposes as authorized in this section;

(iii) Establish procedures and safeguards to ensure that agency personnel with access to recorded images and associated data are adequately screened and trained;

(iv) Establish procedures and safeguards for the secure storage of the recorded images and associated data before the images and data are removed and destroyed; and

(v) Establish procedures for the removal and destruction of recorded images and associated data.

(f) (1) Recorded images and associated data shall be stored using software that is independent from and inaccessible to other systems and networks.

(2) An automated enforcement system shall be situated and focused in a manner that:

(i) Captures recorded images and associated data of violations; and

(ii) To the maximum extent possible, does not capture identifying images of the driver, other drivers or vehicles, or pedestrians.

(3) An automated enforcement system may not use biometric identifying technology, including facial recognition technology.

(4) (i) An agency or a contractor of an agency may not sell or otherwise transfer or share recorded images and associated data with another person other than:

1. A person alleged to be liable for a civil violation recorded by an automated enforcement system;

2. A court of competent jurisdiction when adjudicating liability; or

3. Another law enforcement agency for use only in an ongoing investigation, after the other law enforcement agency has obtained an appropriate warrant, subpoena, or court order.

(ii) A law enforcement agency that receives recorded images or associated data under subparagraph (i)3 of this paragraph is subject to the prohibitions and requirements of this section.

§12–113.1. ** TAKES EFFECT JULY 1, 2026 PER CHAPTERS 463 AND 464 OF 2025 **

// EFFECTIVE UNTIL JULY 1, 2029 PER CHAPTERS 463 AND 464 OF 2025 //

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

(2) “Agency” means a State police department, the State Highway Administration, a local police department, or another local agency that implements and operates an automated enforcement program.

(3) “Appropriate traffic enforcement purpose” means the detection, investigation, or analysis of, or assessment or adjudication of liability for, a violation.

(4) “Automated enforcement” means the use of cameras, monitoring devices, and other technology by an agency to capture recorded images of a motor vehicle being operated in violation of a traffic law.

(5) “Facial recognition technology” means a biometric software application that identifies or verifies the identity of an individual by comparing and analyzing patterns based on an individual’s facial contours.

(6) “Law enforcement agency” has the meaning stated in § 3–201 of the Public Safety Article.

(7) “Program” means an automated enforcement program implemented and operated by an agency.

(8) “Recorded image or associated data” means any image or data recorded under a program by electronic or digital means, by photographic means, or by way of any other medium that:

(i) Shows a motor vehicle;

(ii) Clearly identifies the entire registration plate number of the motor vehicle; and

(iii) May constitute evidence of a violation.

(9) “Violation” means a traffic violation that a particular automated enforcement system is intended to capture.

(b) This section applies to:

(1) Traffic control signal monitoring systems under § 21–202.1 of this article;

(2) Automated railroad grade crossing enforcement systems under § 21–704.1 of this article;

(3) School bus monitoring cameras under § 21–706.1 of this article;

(4) Stop sign monitoring systems under § 21–707.1 of this article;

(5) Speed monitoring systems under § 21–809 of this article;

(6) Work zone speed control systems under § 21–810 of this article;

(7) Bus lane monitoring systems under § 21–1134 of this article;

(8) Vehicle height monitoring systems under § 24–111.3 of this article; and

(9) Any other automated traffic enforcement system authorized under State law.

(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, an agency may not access or use a recorded image or associated data without a warrant, subpoena, or court order unless the access or use is for an appropriate traffic enforcement purpose.

(2) (i) Subject to subparagraph (ii) of this paragraph, a law enforcement agency may access and use a recorded image or associated data already retained by the law enforcement agency if:

1. The law enforcement agency documents a request to access and use the recorded image or associated data that articulates a specific legitimate law enforcement purpose for accessing and using the recorded image or associated data; and

2. The custodian of the recorded image or associated data maintains a written record of the request and whether or not the request was granted.

(ii) A law enforcement agency that accesses a recorded image or associated data under this paragraph may use the recorded image or associated data only for the legitimate law enforcement purpose described in the request required by subparagraph (i)1 of this paragraph.

(3) An employee or a contractor of an agency may access and use a recorded image and associated data:

(i) To administer and process citations or to audit or evaluate the accuracy of the automated enforcement system; and

(ii) In a manner consistent with subsection (d) of this section.

(4) An agency that knowingly violates this subsection is subject to a fine not exceeding $1,000 for each violation.

(d) (1) An agency shall immediately remove from its records and destroy any recorded image or associated data captured under a program that does not constitute evidence of a violation.

(2) A recorded image or associated data captured under a program that constitutes evidence of a violation may be retained only until the earlier of:

(i) 1 year following the conclusion of any criminal investigation or the exhaustion of all the avenues of adjudication for the violation; or

(ii) 5 years after the day on which the recorded image or associated data was captured.

(3) Before an agency removes and destroys a recorded image or associated data, the agency may disaggregate the data for analysis purposes in a manner that does not identify any individual or vehicle.

(e) (1) An agency that implements and operates a program shall adopt procedures relating to the operation of the program and the use of automated enforcement systems.

(2) The procedures shall:

(i) Identify the employee classifications in the agency that have authorization to access or use recorded images and associated data produced by an automated enforcement system;

(ii) Establish an audit process to ensure that information obtained through the use of an automated enforcement system is used only for appropriate traffic enforcement purposes as authorized in this section;

(iii) Establish procedures and safeguards to ensure that agency personnel with access to recorded images and associated data are adequately screened and trained;

(iv) Establish procedures and safeguards for the secure storage of the recorded images and associated data before the images and data are removed and destroyed; and

(v) Establish procedures for the removal and destruction of recorded images and associated data.

(f) (1) Recorded images and associated data shall be stored using software that is independent from and inaccessible to other systems and networks.

(2) An automated enforcement system shall be situated and focused in a manner that:

(i) Captures recorded images and associated data of violations; and

(ii) To the maximum extent possible, does not capture identifying images of the driver, other drivers or vehicles, or pedestrians.

(3) An automated enforcement system may not use biometric identifying technology, including facial recognition technology.

(4) (i) An agency or a contractor of an agency may not sell or otherwise transfer or share recorded images and associated data with another person other than:

1. A person alleged to be liable for a civil violation recorded by an automated enforcement system;

2. A court of competent jurisdiction when adjudicating liability; or

3. Another law enforcement agency for use only in an ongoing investigation, after the other law enforcement agency has obtained an appropriate warrant, subpoena, or court order.

(ii) A law enforcement agency that receives recorded images or associated data under subparagraph (i)3 of this paragraph is subject to the prohibitions and requirements of this section.

§12–113.1. ** TAKES EFFECT JULY 1, 2029 PER CHAPTERS 463 AND 464 OF 2025 **

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

(2) “Agency” means a State police department, the State Highway Administration, a local police department, or another local agency that implements and operates an automated enforcement program.

(3) “Appropriate traffic enforcement purpose” means the detection, investigation, or analysis of, or assessment or adjudication of liability for, a violation.

(4) “Automated enforcement” means the use of cameras, monitoring devices, and other technology by an agency to capture recorded images of a motor vehicle being operated in violation of a traffic law.

(5) “Facial recognition technology” means a biometric software application that identifies or verifies the identity of an individual by comparing and analyzing patterns based on an individual’s facial contours.

(6) “Law enforcement agency” has the meaning stated in § 3–201 of the Public Safety Article.

(7) “Program” means an automated enforcement program implemented and operated by an agency.

(8) “Recorded image or associated data” means any image or data recorded under a program by electronic or digital means, by photographic means, or by way of any other medium that:

(i) Shows a motor vehicle;

(ii) Clearly identifies the entire registration plate number of the motor vehicle; and

(iii) May constitute evidence of a violation.

(9) “Violation” means a traffic violation that a particular automated enforcement system is intended to capture.

(b) This section applies to:

(1) Traffic control signal monitoring systems under § 21–202.1 of this article;

(2) Automated railroad grade crossing enforcement systems under § 21–704.1 of this article;

(3) School bus monitoring cameras under § 21–706.1 of this article;

(4) Speed monitoring systems under § 21–809 of this article;

(5) Work zone speed control systems under § 21–810 of this article;

(6) Bus lane monitoring systems under § 21–1134 of this article;

(7) Noise abatement monitoring systems under § 22–612 of this article;

(8) Vehicle height monitoring systems under § 24–111.3 of this article; and

(9) Any other automated traffic enforcement system authorized under State law.

(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, an agency may not access or use a recorded image or associated data without a warrant, subpoena, or court order unless the access or use is for an appropriate traffic enforcement purpose.

(2) (i) Subject to subparagraph (ii) of this paragraph, a law enforcement agency may access and use a recorded image or associated data already retained by the law enforcement agency if:

1. The law enforcement agency documents a request to access and use the recorded image or associated data that articulates a specific legitimate law enforcement purpose for accessing and using the recorded image or associated data; and

2. The custodian of the recorded image or associated data maintains a written record of the request and whether or not the request was granted.

(ii) A law enforcement agency that accesses a recorded image or associated data under this paragraph may use the recorded image or associated data only for the legitimate law enforcement purpose described in the request required by subparagraph (i)1 of this paragraph.

(3) An employee or a contractor of an agency may access and use a recorded image and associated data:

(i) To administer and process citations or to audit or evaluate the accuracy of the automated enforcement system; and

(ii) In a manner consistent with subsection (d) of this section.

(4) An agency that knowingly violates this subsection is subject to a fine not exceeding $1,000 for each violation.

(d) (1) An agency shall immediately remove from its records and destroy any recorded image or associated data captured under a program that does not constitute evidence of a violation.

(2) A recorded image or associated data captured under a program that constitutes evidence of a violation may be retained only until the earlier of:

(i) 1 year following the conclusion of any criminal investigation or the exhaustion of all the avenues of adjudication for the violation; or

(ii) 5 years after the day on which the recorded image or associated data was captured.

(3) Before an agency removes and destroys a recorded image or associated data, the agency may disaggregate the data for analysis purposes in a manner that does not identify any individual or vehicle.

(e) (1) An agency that implements and operates a program shall adopt procedures relating to the operation of the program and the use of automated enforcement systems.

(2) The procedures shall:

(i) Identify the employee classifications in the agency that have authorization to access or use recorded images and associated data produced by an automated enforcement system;

(ii) Establish an audit process to ensure that information obtained through the use of an automated enforcement system is used only for appropriate traffic enforcement purposes as authorized in this section;

(iii) Establish procedures and safeguards to ensure that agency personnel with access to recorded images and associated data are adequately screened and trained;

(iv) Establish procedures and safeguards for the secure storage of the recorded images and associated data before the images and data are removed and destroyed; and

(v) Establish procedures for the removal and destruction of recorded images and associated data.

(f) (1) Recorded images and associated data shall be stored using software that is independent from and inaccessible to other systems and networks.

(2) An automated enforcement system shall be situated and focused in a manner that:

(i) Captures recorded images and associated data of violations; and

(ii) To the maximum extent possible, does not capture identifying images of the driver, other drivers or vehicles, or pedestrians.

(3) An automated enforcement system may not use biometric identifying technology, including facial recognition technology.

(4) (i) An agency or a contractor of an agency may not sell or otherwise transfer or share recorded images and associated data with another person other than:

1. A person alleged to be liable for a civil violation recorded by an automated enforcement system;

2. A court of competent jurisdiction when adjudicating liability; or

3. Another law enforcement agency for use only in an ongoing investigation, after the other law enforcement agency has obtained an appropriate warrant, subpoena, or court order.

(ii) A law enforcement agency that receives recorded images or associated data under subparagraph (i)3 of this paragraph is subject to the prohibitions and requirements of this section.
Md. Code, Housing and Community Development § 12-604 — MD Code / Article ghs / Title 12 / Subtitle 6 / Section 12-604
§12–604.
Status: in_force

Bonds issued by an authority for a project developed or administered under this subtitle are legal investments to the same extent and for the same bodies and officers as bonds issued under any other section of this Division II to develop a housing project for persons of eligible income.
Md. Code, Financial Institutions § 12-124 — MD Code / Article gfi / Title 12 / Subtitle 1 / Section 12-124
§12–124.
Status: in_force

The Commissioner shall report to the appropriate State’s Attorney or the Attorney General any alleged criminal violation of this subtitle.
Md. Code, Health Occupations § 12-6C-02 — MD Code / Article gho / Title 12 / Subtitle 6C / Section 12-6C-02
§12–6C–02.
Status: in_force

This subtitle does not affect any person while distributing:

(1) Feed for livestock or poultry;

(2) Fertilizers;

(3) Fungicides;

(4) Insecticide;

(5) Land plaster;

(6) Lime;

(7) Seeds;

(8) Devices, drugs, or supplies of any kind for the treatment, care, or cure of farm animals; or

(9) Compounded nonsterile preparations or compounded sterile preparations provided in accordance with § 12–510 of this title to a licensed veterinarian who intends to dispense the compounded nonsterile preparations or compounded sterile preparations in accordance with § 2–313(c) of the Agriculture Article.
Md. Code, State Government § 12-104 — MD Code / Article gsg / Title 12 / Subtitle 1 / Section 12-104
§12–104.
Status: in_force

(a) (1) Subject to the exclusions and limitations in this subtitle and notwithstanding any other provision of law, the immunity of the State and of its units is waived as to a tort action, in a court of the State, to the extent provided under paragraph (2) of this subsection.

(2) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, the liability of the State and its units may not exceed $400,000 to a single claimant for injuries arising from a single incident or occurrence.

(ii) If liability of the State or its units arises from intentional tortious acts or omissions or a violation of a constitutional right committed by a law enforcement officer, the following limits on liability shall apply:

1. subject to item 2 of this subparagraph, the combined award for both economic and noneconomic damages may not exceed a total of $890,000 for all claims arising out of the same incident or occurrence, regardless of the number of claimants or beneficiaries who share in the award; and

2. in a wrongful death action in which there are two or more claimants or beneficiaries, an award for noneconomic damages may not exceed 150% of the limitation established under item 1 of this item, regardless of the number of claimants or beneficiaries who share in the award.

(iii) If liability of the State or its units arises under one or more claims of sexual abuse, as defined in § 5–117 of the Courts Article, that occurred when the claimant was a minor:

1. Except as provided in item 2 of this paragraph, the liability may not exceed $890,000 to a single claimant for injuries arising from the claim or claims; and

2. for an action filed on or after June 1, 2025, that would have been barred by a time limitation before October 1, 2023, the liability may not exceed $400,000 to a single claimant for injuries arising from the claim or claims.

(b) Immunity is not waived under this section as described under § 5–522(a) of the Courts and Judicial Proceedings Article.

(c) (1) The Treasurer may pay from the State Insurance Trust Fund all or part of that portion of a tort claim which exceeds the limitation on liability established under subsection (a)(2) of this section under the following conditions:

(i) the tort claim is one for which the State and its units have waived immunity under subsections (a) and (b) of this section;

(ii) a judgment or settlement has been entered granting the claimant damages to the full amount established under subsection (a)(2) of this section; and

(iii) the Board of Public Works, with the advice and counsel of the Attorney General, has approved the payment.

(2) Any payment of part of a settlement or judgment under this subsection does not abrogate the sovereign immunity of the State or any units beyond the waiver provided in subsections (a) and (b) of this section.
Md. Code, Health Occupations § 12-6A-09 — MD Code / Article gho / Title 12 / Subtitle 6A / Section 12-6A-09
§12–6A–09.
Status: in_force

Nothing in this subtitle supersedes the provisions of § 5–902 of the Criminal Law Article.
Md. Code, Local Government § 12-617 — MD Code / Article glg / Title 12 / Subtitle 6 / Section 12-617
§12–617.
Status: in_force

(a) Except as provided in subsection (c) of this section, Cecil County shall obtain the following by a competitively bid contract awarded to the lowest responsive and responsible bidder:

(1) the building or repair of a bridge; and

(2) the purchase or lease of bridge construction equipment or machinery.

(b) (1) The governing body of Cecil County shall advertise for bids on a contract under subsection (a) of this section in at least one newspaper of general circulation in the county.

(2) The advertisement shall:

(i) appear at least once;

(ii) appear at least 1 week, but not more than 30 days, before the final date for submitting bids;

(iii) if the contract relates to building or repair of a bridge, specify the location where the bridge is to be built or repaired;

(iv) include a description of the goods or services required under the contract;

(v) state that sealed bids for goods or services will be received until the date designated in the advertisement; and

(vi) designate a date for the opening of the bids.

(c) (1) Subsections (a) and (b) of this section do not apply to an expenditure that:

(i) is $10,000 or less; or

(ii) the governing body of Cecil County by a recorded majority vote taken at a public meeting declares to be an emergency expenditure.

(2) For an expenditure under this subsection, the governing body may determine:

(i) the manner of providing for the expenditure; and

(ii) if the building or repair is by contract, the manner in which the contract is awarded.

(d) (1) A contract entered into in violation of subsection (a) or (b) of this section is void, unless:

(i) a court determines in a judicial action that all parties acted in good faith; and

(ii) the parties have substantially complied with the provisions of subsections (a) and (b) of this section.

(2) If a contract is void under this subsection, the governing body of Cecil County shall compensate the contractor for costs actually incurred if the contractor:

(i) acted in good faith;

(ii) did not directly contribute to the violation; and

(iii) did not know of the violation.

(e) A person who willfully violates this section is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000.
Md. Code, State Government § 12-103 — MD Code / Article gsg / Title 12 / Subtitle 1 / Section 12-103
§12–103.
Status: in_force

This subtitle does not:

(1) limit any other law that:

(i) waives the sovereign immunity of the State or the units of the State government in tort; or

(ii) authorizes the State or its units to have insurance for tortious conduct;

(2) waive any right or defense of the State or its units, officials, or employees in an action in a court of the United States or any other state, including any defense that is available under the 11th Amendment to the United States Constitution; or

(3) apply to or waive any immunity of a bicounty unit, county, municipal corporation, or other political subdivision or any unit, official, or employee of any of those agencies or subdivisions.
Md. Code, Economic Development § 12-411 — MD Code / Article gec / Title 12 / Subtitle 4 / Section 12-411
§12–411.
Status: in_force

(a) The governing body of a county or municipal corporation in which a district is established under this section shall:

(1) review the effectiveness and desirability of continuing the district every 3 years from the time the district is authorized by local law under § 12–403 of this subtitle; and

(2) develop policies and procedures for evaluating the desirability of continuing the district if requested by owners of nonexempt property in the district.

(b) If the continuing existence of the district is not approved by the governing body:

(1) the district shall cease to exist as directed by the governing body; and

(2) the district corporation shall continue its existence only as long as necessary to terminate operation in a reasonable manner.
Md. Code, Election Law § 12-311 — MD Code / Article gel / Title 12 / Subtitle 3 / Section 12-311
§12–311.
Status: in_force

(a) A candidate whose contested election committee has failed to file a report or pay a late filing fee that is due under this subtitle on or before the deadline for declining the nomination specified under § 5–801(b) of this article may not be issued a certificate of nomination under § 5–705 of this article.

(b) A candidate whose contested election committee has failed to file a report or pay a late filing fee that is due under this subtitle may not, until the report is filed or the late filing fee is paid:

(1) be deemed to be elected to a public or party office in the State;

(2) take the oath or otherwise assume the duties of the office; or

(3) receive a salary or compensation for the office.

(c) An official of the State or any of its political subdivisions may not issue a commission or administer an oath of office to an individual until that official receives certification from the State Board that all reports due under this subtitle from or on behalf of that individual have been filed.
Md. Code, Corporations and Associations § 12-1004 — MD Code / Article gca / Title 12 / Subtitle 10 / Section 12-1004
§12–1004.
Status: in_force

(a) A conversion has the effects provided in this section.

(b) (1) This subsection applies on the completion of the conversion of a statutory trust to an other entity.

(2) The statutory trust shall cease to exist as a statutory trust and shall continue to exist as the other entity into which the statutory trust has converted, and the other entity, for all purposes of the laws of this State, shall be deemed to be the same entity as the converting statutory trust.

(3) (i) All the assets of the statutory trust, including any legacies that it would have been capable of taking, shall vest in and devolve on the other entity without further act or deed and shall be the property of the other entity, and the title to any real property vested by deed or otherwise in the statutory trust shall not revert or be in any way impaired by reason of a conversion under this subtitle.

(ii) The conversion of the statutory trust to an other entity does not affect, invalidate, terminate, suspend, or nullify any licenses, permits, or registrations granted to the statutory trust before the conversion.

(iii) Confirmatory deeds, assignments, or similar instruments to evidence the conversion may be executed and delivered at any time in the name of the statutory trust by its last acting trustees or officers, or by the appropriate authorized persons, partners, officers, trustees, or members of the other entity.

(4) (i) The other entity shall be liable for all the debts and obligations of the statutory trust.

(ii) An existing claim, action, or proceeding pending by or against the statutory trust may be prosecuted to judgment as if the conversion had not taken place, or, on motion of the other entity or any party, the other entity may be substituted as a party and a judgment against the statutory trust constitutes a lien on the property of the other entity.

(iii) A conversion does not impair the rights of creditors or any liens on the property of the statutory trust.

(5) Subject to the treatment of the ownership interests of the beneficial owners of the statutory trust under the articles of conversion, the ownership interests of the beneficial owners of the statutory trust shall cease to exist as beneficial interests of the statutory trust and continue to exist as ownership interests in the other entity.

(6) The conversion of the statutory trust to an other entity in accordance with articles of conversion under this subtitle does not affect any debts, obligations, or liabilities of the statutory trust or the personal liability of any person incurred before the conversion.

(7) Unless otherwise provided in the articles of conversion, the converting statutory trust is not required to wind up its affairs or pay its liabilities and distribute its assets, and the conversion does not constitute dissolution or a transfer of assets or liabilities of the statutory trust.

(8) A person becomes liable for any obligation incurred by the statutory trust before the completion of the conversion only to the extent provided for by the laws applicable to the other entity.

(c) (1) This subsection applies on the completion of the conversion of an other entity to a statutory trust.

(2) The statutory trust, for all purposes of the laws of this State, shall be deemed to be the same entity as the converting other entity.

(3) (i) All the assets of the other entity, including any legacies that it would have been capable of taking, vest in and devolve on the statutory trust without further act or deed and shall be the property of the statutory trust, and the title to any real property vested by deed or otherwise in the other entity shall not revert or be in any way impaired by reason of a conversion under this subtitle.

(ii) The conversion of the other entity to a statutory trust does not affect, invalidate, terminate, suspend, or nullify any licenses, permits, or registrations granted to the other entity before the conversion.

(iii) Confirmatory deeds, assignments, or similar instruments to evidence the conversion may be executed and delivered at any time in the name of the other entity by the appropriate authorized persons, partners, officers, trustees, or members of the other entity, or by the trustees or officers of the statutory trust.

(4) (i) The statutory trust shall be liable for all the debts and obligations of the other entity.

(ii) An existing claim, action, or proceeding pending by or against the other entity may be prosecuted to judgment as if the conversion had not taken place, or, on motion of the other entity or any party, the statutory trust may be substituted as a party and a judgment against the other entity constitutes a lien on the property of the statutory trust.

(iii) A conversion does not impair the rights of creditors or any liens of the property of the other entity.

(5) The conversion of an other entity to a statutory trust in accordance with articles of conversion under this subtitle does not affect any debts, obligations, or liabilities of the other entity or the personal liability of any person incurred before the completion of the conversion.

(6) A person remains liable for any obligation incurred by the other entity before the completion of the conversion only to the extent that the person would have been liable if the conversion had not occurred.

(7) Subject to the treatment of the ownership interests of the owners of the other entity under the articles of conversion, the ownership interests of the owners of the other entity cease to exist as ownership interests in the converted other entity and continue to exist as beneficial interests in the statutory trust.
Md. Code, Education § 12-115 — MD Code / Article ged / Title 12 / Subtitle 1 / Section 12-115
§12–115.
Status: in_force

(a) In this section, “candidate”, “contribution”, and “political committee” have the meanings stated in § 1-101 of the Election Law Article.

(b) The restrictions in this section apply from the date of a member’s appointment to the Board of Regents until the end of the member’s tenure on the Board.

(c) (1) A member of the Board of Regents may not, for the benefit of the Governor, Lieutenant Governor, Attorney General, or Comptroller, a member of the General Assembly, or a candidate for election to the office of Governor, Lieutenant Governor, Attorney General, Comptroller, or member of the General Assembly, engage in the following activities:

(i) Soliciting or transmitting a political contribution from any person, including a political committee;

(ii) Serving on a fund–raising committee or a political committee;

(iii) Acting as a treasurer for a candidate or official or as treasurer or chair of a political committee;

(iv) Organizing or establishing a political committee for the purpose of soliciting or transmitting contributions from any person; or

(v) Forwarding tickets for fund–raising activities, or other solicitations for political contributions, to a potential contributor.

(2) This section does not prohibit a member of the Board of Regents from:

(i) Making a personal political contribution;

(ii) Informing any entity of a position taken by a candidate or official; or

(iii) Engaging in other activities not specifically prohibited under paragraph (1) of this subsection.

(3) A member of the Board of Regents may not be a candidate for a public office while serving on the Board.
Md. Code, Business Occupations and Professions § 12-604 — MD Code / Article gbo / Title 12 / Subtitle 6 / Section 12-604
§12–604.
Status: in_force

Unless authorized under this title to provide plumbing services, a person may not represent to the public, by use of a title, including “master plumber”, “registered plumber”, “licensed master plumber”, “holder of limited master plumber license”, “licensed journey plumber”, “journey plumber”, “holder of a limited journey plumber license”, “holder of a propane gas fitter certificate”, “holder of a master natural gas fitters license”, “holder of a journeyman natural gas fitters license”, or “holder of an apprentice natural gas fitters license”, by description of services, methods, or procedures, or otherwise, that the person is authorized to provide plumbing services in the State.
Md. Code, Insurance § 12-201 — MD Code / Article gin / Title 12 / Subtitle 2 / Section 12-201
§12–201.
Status: in_force

(a) (1) An individual of competent legal capacity may procure or effect an insurance contract on the individual’s own life or body for the benefit of any person.

(2) Except as provided in subsection (c) of this section, a person may not procure or cause to be procured an insurance contract on the life or body of another individual unless the benefits under the insurance contract are payable to:

(i) the individual insured;

(ii) the individual insured’s personal representative; or

(iii) a person with an insurable interest in the individual insured at the time the insurance contract was made.

(b) (1) With reference to personal insurance, an insurable interest includes only the interests described in this subsection.

(2) (i) For individuals related closely by blood or law, a substantial interest engendered by love and affection is an insurable interest.

(ii) For the prospective parent of a prospective adoptive child, an insurable interest exists in the life of the child as of the date of the earlier of:

1. a placement for adoption, as defined in § 5-301 of the Family Law Article, provided that:

A. any consents required under Title 5, Subtitle 3 or Subtitle 3A of the Family Law Article have been given; or

B. a decree awarding guardianship has been granted under Title 5, Subtitle 3 or Subtitle 3A of the Family Law Article; or

2. an interlocutory or final decree of adoption.

(3) For persons other than individuals closely related by blood or law, a lawful and substantial economic interest in the continuation of the life, health, or bodily safety of the individual is an insurable interest but an interest that arises only by, or would be enhanced in value by, the death, disablement, or injury of the individual is not an insurable interest.

(4) (i) This paragraph applies only to employees with respect to whom the corporate employer or an employer sponsored trust for the benefits of employees is the beneficiary under an insurance contract, if the employer is:

1. a private corporation; or

2. a public corporation, the stock of which is traded on a recognized stock exchange or traded in accordance with the National Association of Securities Dealers Automated Quotation (NASDAQ) Systems.

(ii) A lawful and substantial economic interest exists in:

1. a key employee of a private corporation or a public corporation described in subparagraph (i) of this paragraph; and

2. a nonkey employee of a public corporation described in subparagraph (i) of this paragraph if:

A. the employee has been employed by the public corporation for at least 12 consecutive months and consents in writing to the insurance contract; and

B. the amount of insurance coverage on the nonkey employee does not exceed an amount commensurate with employer-provided benefits.

(5) (i) This paragraph applies only to a contract or option for the purchase or sale of:

1. an interest in a business partnership or firm; or

2. stock shares, or an interest in stock shares, of a close corporation.

(ii) An individual party to a contract or option described in subparagraph (i) of this paragraph has an insurable interest in the life of each individual party to the contract or option.

(iii) The insurable interest specified in subparagraph (ii) of this paragraph:

1. is only for the purposes of the contract or option; and

2. is in addition to any other insurable interest that may exist on the life of an individual party to the contract or option.

(6) The trustee of a trust has an insurable interest in the life of an individual insured under a life insurance policy owned by the trust or the trustee of a trust if, on the date on which the policy is issued:

(i) the insured is:

1. the grantor of the trust;

2. an individual related closely by blood or law to the grantor; or

3. an individual in whom the grantor otherwise has an insurable interest; and

(ii) the life insurance proceeds are primarily for the benefit of trust beneficiaries having an insurable interest in the life of the insured.

(7) A partnership, limited partnership, or limited liability company has an insurable interest in the life of an individual insured under a life insurance policy owned by the partnership, limited partnership, or limited liability company if, on the date on which the policy is issued, substantially all of the owners of the partnership, limited partnership, or limited liability company are:

(i) the insured;

(ii) individuals related closely by blood or law to the insured; or

(iii) persons having an insurable interest in the life of the insured.

(c) (1) This subsection applies only to a charitable, benevolent, educational, governmental, or religious institution that is described in § 170(b)(1)(A) or § 501(c)(3) of the Internal Revenue Code, or a trust for the benefit of that institution that is qualified as a pooled income fund under § 642(c)(5) or a charitable remainder trust under § 664 of the Internal Revenue Code.

(2) An institution or trust described in paragraph (1) of this subsection may procure or cause to be procured an insurance policy on the life of an individual if:

(i) the institution or trust is designated irrevocably as the beneficiary of the insurance policy; and

(ii) the application for the insurance policy is signed by the individual whose life is to be insured or the individual’s legal guardian.

(3) This subsection does not prohibit the institution or individual from being the beneficiary or owner of the policy or paying the premiums for the policy.

(d) If a beneficiary, assignee, or other payee under an insurance contract made in violation of this section receives from the insurer benefits that accrue on the insured’s death, disablement, or injury, the insured or the insured’s executor or administrator may bring an action to recover benefits from the payee that receives them.

(e) Notwithstanding subsection (b)(4) of this section, a corporate employer with an insurable interest in employees described in subsection (b)(3) or (4) of this section may not retaliate against an employee who refuses to consent to an insurance contract being purchased in the employee’s name.
Md. Code, Alcoholic Beverages and Cannabis § 12-2005 — MD Code / Article gab / Title 12 / Subtitle 20 / Section 12-2005
§12–2005.
Status: in_force

(a) (1) In response to a complaint, the Board may petition the circuit court for a temporary order that, on a license holder’s premises, limits the hours and days for the sale and consumption of:

(i) beer;

(ii) beer and light wine; or

(iii) beer, wine, and liquor.

(2) The court may issue the order if the court finds by clear and convincing evidence that:

(i) the activities arising from the sale and consumption of alcoholic beverages on the licensed premises have resulted in an extreme and continuing disturbance to a residential community;

(ii) the license holder has failed to exercise good faith in attempting to remedy the disturbance at the request or order of the Board; and

(iii) the Board has been unable to provide relief to the residential community by exercising its authority to suspend the license or reprimand the license holder.

(3) The duration of the order may not exceed the duration of the license term.

(4) The order shall be stayed pending appeal from the order.

(5) This section does not limit any other powers of the Board.

(b) (1) This subsection applies only in the City on the inner perimeter of a rectangle bounded by 31st Street on the south, Greenmount Avenue on the east, 32nd Street on the north, and Barclay Street on the west.

(2) By regulation, the Board may restrict the hours and days for the sale and consumption of:

(i) beer;

(ii) beer and light wine; or

(iii) beer, wine, and liquor.

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

(i) a Class B beer and light wine license;

(ii) a Class B beer, wine, and liquor license;

(iii) a Class B–D–7 beer, wine, and liquor license;

(iv) a Class C beer and light wine license; and

(v) a Class C beer, wine, and liquor license.

(2) For a license holder in an area bounded by Liberty Heights Avenue, Northern Parkway, Druid Park Drive, and Wabash Avenue, the hours of sale:

(i) may not begin before 9 a.m. or end after 10 p.m.; and

(ii) may not be extended if they begin later than 9 a.m. or end before 10 p.m.

(3) For a license holder in an area bounded as follows: from the intersection of East North Avenue and Harford Avenue, southwest on Harford Avenue to the intersection of Harford Avenue and North Central Avenue, south on North Central Avenue to the intersection with East Monument Street, east on East Monument Street to the intersection of East Monument Street and North Wolfe Street, south on North Wolfe Street to the intersection of North Wolfe Street and McElderry Street, east on McElderry Street to the intersection of McElderry Street and North Collington Avenue, south on North Collington Avenue to the intersection of North Collington Avenue and East Fayette Street, east on East Fayette Street to the intersection of East Fayette Street and North Lakewood Avenue, north on North Lakewood Avenue to the intersection of North Lakewood Avenue and East Monument Street, west on East Monument Street to the intersection of East Monument Street and North Luzerne Avenue, north on North Luzerne Avenue to the intersection of North Luzerne Avenue and East Federal Street, west on East Federal Street to the intersection of East Federal Street and North Rose Street, north on North Rose Street to the intersection of North Rose Street and East North Avenue, then west on East North Avenue to the intersection of East North Avenue and Harford Avenue, the hours of sale:

(i) may not begin before 9 a.m. or end after 10 p.m.; and

(ii) may not be extended if they begin later than 9 a.m. or end before 10 p.m.

(4) For a license holder in an area bounded as follows: from the intersection of Belair Road and Anntana Avenue, southwest on Belair Road to the intersection of Belair Road and Frankford Avenue, southeast on Frankford Avenue to the intersection of Frankford Avenue and Sipple Avenue, west on Sipple Avenue to the intersection of Sipple Avenue and Crenshaw Avenue, southeast on Crenshaw Avenue to the intersection of Crenshaw Avenue and Goodnow Road, southeast on Goodnow Road to the intersection of Goodnow Road and Sinclair Lane, northeast on Sinclair Lane to the intersection of Sinclair Lane and Radecke Avenue, west on Radecke Avenue to the intersection of Radecke Avenue and Anntana Avenue, then north on Anntana Avenue to the intersection of Anntana Avenue and Belair Road, the hours of sale:

(i) may not begin before 9 a.m. or end after 10 p.m.; and

(ii) may not be extended if they begin later than 9 a.m. or end before 10 p.m.

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

(i) a Class B beer and light wine (restaurant) license;

(ii) a Class B beer, wine, and liquor (restaurant) license issued under § 12–1603(c)(1)(ii) of this title;

(iii) a Class B–BWL (H–M) license;

(iv) a Class C beer and wine license;

(v) a Class C beer, wine, and liquor license;

(vi) an arena license;

(vii) a marketplace license; or

(viii) a Class M–F (municipal family fun center) license.

(2) For a license holder in the 40th alcoholic beverages district, the hours of sale for alcoholic beverages may not begin before 10 a.m. or end after 10 p.m.:

(i) within an area bounded:

1. from the intersection of Reisterstown Road and Quantico Avenue, northwest on Reisterstown Road to the intersection with Wylie Avenue, northeast on Wylie Avenue to the intersection with Pimlico Road, northwest on Pimlico Road to the intersection with Dupont Avenue, east on Dupont Avenue to the intersection with Pall Mall Road, southeast on Pall Mall Road to the intersection with Edgecombe Circle North, east on Edgecombe Circle North to the intersection with Finney Avenue, south on Finney Avenue to the intersection with Oakford Avenue, west on Oakford Avenue to the intersection with Pall Mall Road, southeast on Pall Mall Road to the intersection with Loyola Northway, southwest on Loyola Northway to the intersection with Pimlico Road, southeast on Pimlico Road to the intersection with Quantico Avenue, and southwest on Quantico Avenue to the intersection with Reisterstown Road; and

2. from the intersection of Millington Avenue with Wilkens Avenue, northwest on Millington Avenue to the intersection with Frederick Avenue, northeast on Frederick Avenue to the intersection with West Pratt Street, east on West Pratt Street to the intersection with South Mount Street, south on South Mount Street to the intersection with Eagle Street, southwest on Eagle Street to the intersection with South Smallwood Street, northwest on South Smallwood Street to the intersection with Wilkens Avenue, and southwest on Wilkens Avenue to the intersection with Millington Avenue;

(ii) within the area of West North Avenue between the 1000 block of West North Avenue and the 3200 block of West North Avenue, inclusive;

(iii) for a license holder within 250 yards in any direction of the area described in item (ii) of this paragraph; and

(iv) within an area bounded as follows: from the intersection of North Fulton Avenue with North Avenue, north on North Fulton Avenue to the intersection with Pennsylvania Avenue, northeast on North Fulton Avenue to the intersection with Druid Hill Avenue, southeast on Druid Hill Avenue to the intersection with Mosher Street, southwest on Mosher Street to the intersection with North Carey Street, north on North Carey Street to the intersection with North Avenue, and west on North Avenue to the intersection with North Fulton Avenue.
Md. Code, State Finance and Procurement § 12-504 — MD Code / Article gsf / Title 12 / Subtitle 5 / Section 12-504
§12–504.
Status: in_force

An entity may not be considered a responsible bidder or offeror for a procurement contract to provide MARC service unless the entity complies with the requirements of §§ 12–505 through 12–507 of this subtitle.
Md. Code, Local Government § 12-514 — MD Code / Article glg / Title 12 / Subtitle 5 / Section 12-514
§12–514.
Status: in_force

(a) If the governing body of a county decides to open, alter, or close a road, the governing body may appoint three examiners to view the property through which the road is intended to run.

(b) (1) An examiner:

(i) shall own real property in the county; but

(ii) may not have an interest in any property through which the road is proposed to be opened, altered, or closed.

(2) (i) An examiner shall take an oath to faithfully and impartially execute the commission of examiner.

(ii) The oath shall be endorsed on the commission, which shall be returned to the examiner.

(c) The appointment of examiners does not preclude the governing body of the county from contracting with a property owner as provided in § 12–513 of this subtitle.

(d) (1) The examiners shall give 30 days’ notice of their intent to examine the property by publication once a week for 3 successive weeks in a newspaper of general circulation in the county.

(2) After expiration of the 30 days’ period, at least two of the examiners shall examine the property and determine whether the public convenience requires that the road be opened, altered, or closed.

(e) If a petition is submitted to open or alter a road, the examiners shall locate the road so that the public convenience is best promoted.

(f) The examiners shall submit to the governing body of the county:

(1) a plat showing:

(i) the proposed new or altered road; and

(ii) for a petition to alter or close a road, the old road; and

(2) a report detailing:

(i) the examiners’ proceedings;

(ii) the findings of the examiners regarding the proposal to open, alter, or close a road;

(iii) if the examiners recommend not opening, altering, or closing the road, the reasons for the recommendation; and

(iv) a determination of the cost of any damages under § 12–515 of this subtitle.

(g) (1) Each examiner is entitled to compensation not to exceed $2 per day, as determined by the governing body of the county, for the examiner’s services.

(2) The governing body shall determine whether the compensation of the examiners and all costs arising from the survey, attendance of witnesses, or other expenses shall be:

(i) paid by the petitioner;

(ii) paid by the county; or

(iii) apportioned between the petitioner and the county.
Md. Code, Public Safety § 12-611 — MD Code / Article gps / Title 12 / Subtitle 6 / Section 12-611
§12–611.
Status: in_force

(a) (1) Unless a certificate is renewed for a 3–year term as provided in this section, the certification expires on the date set by the State Fire Marshal.

(2) The State Fire Marshal may determine that certificates issued under this subtitle shall expire on a staggered basis.

(b) At least 45 days before a certificate expires, the State Fire Marshal shall mail to the certificate holder, at the last known address of the certificate holder:

(1) a renewal application form; and

(2) a notice that states:

(i) the date on which the current certificate expires;

(ii) that the State Fire Marshal must receive the renewal application at least 15 days before the certificate expiration date for the renewal to be issued and mailed before the certificate expires;

(iii) the amount of the renewal fee;

(iv) that an individual may not be issued a certificate under this subtitle until all outstanding obligations are satisfied with the State Fire Marshal; and

(v) that the submission of a false statement in the renewal application or the submission of altered or false documents that are otherwise required is cause for revocation of the certification.

(c) A certified nongovernmental electrical inspector may renew the certification for a 3–year term if the certificate holder:

(1) otherwise is entitled to be certified; and

(2) submits to the State Fire Marshal:

(i) a renewal application on the form the State Fire Marshal provides;

(ii) a renewal fee of $50; and

(iii) satisfactory evidence of compliance with any other requirements under this section for renewal of certification.

(d) Certificate holders who fail to renew within 90 days from the date of expiration shall be required to submit an initial application and successfully pass the written examination.

(e) The State Fire Marshal shall renew the certification of each applicant who meets the requirements of this section.
Md. Code, Alcoholic Beverages and Cannabis § 12-105 — MD Code / Article gab / Title 12 / Subtitle 1 / Section 12-105
§12–105.
Status: in_force

A copy of any legislation concerning alcoholic beverages enacted by the Mayor and City Council under this title shall be sent to the Department of Legislative Services, 90 State Circle, Annapolis, Maryland 21401.
Md. Code, Financial Institutions § 12-901 — MD Code / Article gfi / Title 12 / Subtitle 9 / Section 12-901
§12–901.
Status: in_force

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

(b) “Annual gross revenue” means income or revenue from all sources, before any expenses or taxes, computed according to generally accepted accounting principles for the preceding fiscal year.

(c) “Consultation fee” means a fee paid by a consumer to a debt management services provider in connection with the processing of any application that the consumer makes for debt management services.

(d) “Consumer” means an individual who:

(1) Resides in the State; and

(2) Is seeking debt management services or has entered into a debt management services agreement.

(e) “Consumer education program” means a program or plan that:

(1) Seeks to improve the financial literacy of consumers regarding personal finance, budgeting, and credit and debt management; and

(2) Provides counseling tailored to the needs and circumstances of the consumer with regard to options and strategies for addressing the consumer’s debt problems, including:

(i) Creating and maintaining a budget;

(ii) Establishing debt management payment plans with creditors;

(iii) Negotiating directly with creditors on payment or interest rate relief; and

(iv) Filing for bankruptcy.

(f) (1) “Control person” means a person who has the power, directly or indirectly, to direct the management or policies of a licensee or license applicant, whether through ownership of securities, by contract, or otherwise.

(2) “Control person” includes a person who:

(i) Is a general partner, an officer, or a director of a licensee or license applicant, or a member that occupies a similar position or performs a similar function;

(ii) Directly or indirectly has the right to vote 10% or more of a class of voting securities, or has the power to sell or direct the sale of 10% or more of a class of voting securities, of a licensee or license applicant; or

(iii) In the case of a partnership, a limited partnership, a limited liability partnership, a limited liability company, or any other business entity:

1. Has the right to receive on liquidation or dissolution of a licensee or license applicant 10% or more of the capital of the licensee or license applicant; or

2. Has contributed 10% or more of the capital of a licensee or license applicant.

(g) “Debt management counselor” means a permanent, temporary, or contractual employee of a debt management services provider or its agent who provides counseling to consumers on behalf of the debt management services provider.

(h) “Debt management services” means receiving funds periodically from a consumer under an agreement with the consumer for the purpose of distributing the funds among the consumer’s creditors in full or partial payment of the consumer’s debts.

(i) “Debt management services agreement” means a written contract, plan, or agreement between a debt management services provider and a consumer for the performance of debt management services.

(j) “Debt management services provider” means a person that provides or offers to provide debt management services to a consumer.

(k) “License” means a license issued in any form by the Commissioner under this subtitle to provide debt management services, including as provided for through NMLS.

(l) “Licensed location” means any location listed by the licensee in NMLS in accordance with this subtitle.

(m) “Licensed name” means:

(1) The licensee’s legal name; and

(2) Any trade name used by the licensee in accordance with § 2–121 of this article.

(n) “Licensee” means a person licensed under this subtitle to provide debt management services.

(o) “Maintenance fee” means a fee paid by a consumer to a debt management services provider for the maintenance or servicing of the consumer’s accounts with the consumer’s creditors in accordance with a debt management services agreement.

(p) “Relative” means any of the following who are related to an individual by blood, marriage, or adoption:

(1) A spouse;

(2) A child;

(3) A sibling;

(4) A parent;

(5) A grandparent;

(6) A grandchild;

(7) A stepparent;

(8) A stepchild;

(9) A stepsibling;

(10) An aunt; or

(11) An uncle.

(q) “Resident agent” means an individual residing in the State or a Maryland corporation whose name, address, and designation as a resident agent are filed or recorded with the State Department of Assessments and Taxation in accordance with the Corporations and Associations Article.

(r) “Trust account” means an account that is:

(1) Established in a financial institution that is federally insured;

(2) Separate from the debt management services provider’s operating account;

(3) Designated as a “trust account” or by another appropriate designation indicating that the funds in the account are not the funds of the licensee or its officers, employees, or agents;

(4) Unavailable to creditors of the debt management services provider; and

(5) Used to hold funds paid by consumers to a debt management services provider for disbursement to creditors of the consumers.

(s) “Unique identifier” means a number or another identifier assigned by NMLS.
Md. Code, Public Safety § 12-837 — MD Code / Article gps / Title 12 / Subtitle 8 / Section 12-837
§12–837.
Status: in_force

(a) Subject to the hearing provisions of § 12–838 of this subtitle, the Board, on the affirmative vote of a majority of its members then serving, may deny a license to an applicant, refuse to renew a license, reprimand a licensee, or suspend or revoke a license, if the applicant or licensee:

(1) fraudulently or deceptively obtains or attempts to obtain a license;

(2) fails to notify the Board or the owner or lessee of an elevator or related mechanism of any condition not in compliance with Part II of this subtitle;

(3) under the laws of the United States or of any state, is convicted of:

(i) a felony; or

(ii) a misdemeanor that is directly related to the fitness and qualifications of the applicant or licensee to perform services as an elevator contractor, elevator mechanic, elevator renovator contractor, or elevator renovator mechanic;

(4) transfers the authority granted by a license to another person;

(5) installs, repairs, or maintains an elevator or assists in the installation, repair, or maintenance of an elevator in a negligent or careless manner;

(6) willfully or deliberately disregards and violates a building code, electrical code, or construction law of the State or a county or municipal corporation of the State; or

(7) violates any provision of this subtitle.

(b) (1) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this section, the Board may impose a penalty not exceeding $5,000 for each violation.

(2) To determine the amount of the penalty imposed under this subsection, the Board shall consider:

(i) the seriousness of the violation;

(ii) the harm caused by the violation;

(iii) the good faith of the licensee;

(iv) the assets of the licensee; and

(v) any history of previous violations by the licensee.

(3) The Board shall pay any penalty collected under this subsection into the General Fund of the State.

(c) The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(3) of this section:

(1) the nature of the crime;

(2) the relationship of the crime to the activities authorized by the license;

(3) with respect to a felony, the relevance of the conviction to the fitness and qualifications of the applicant or licensee to perform services as an elevator contractor, elevator mechanic, elevator renovator contractor, or elevator renovator mechanic;

(4) the length of time since the conviction; and

(5) the behavior and activities of the applicant or licensee before and after the conviction.
Md. Code, Public Safety § 12-607 — MD Code / Article gps / Title 12 / Subtitle 6 / Section 12-607
§12–607.
Status: in_force

(a) Except as provided in subsection (b) of this section, an applicant for a nongovernmental electrical inspector certificate shall meet the following minimum qualifications:

(1) complete an apprenticeship as an electrician;

(2) complete at least 5 years of documented progressive experience in the electrical trade; and

(3) pass a written examination administered by the State Fire Marshal.

(b) In lieu of the minimum eligibility requirements required in subsection (a)(1) and (2) of this section, the State Fire Marshal may adopt regulations that allow an applicant to substitute an electrical engineering degree or accumulated credits toward an electrical engineering degree in combination with education, training, and experience to meet the qualifications.
Md. Code, Local Government § 12-537 — MD Code / Article glg / Title 12 / Subtitle 5 / Section 12-537
§12–537.
Status: in_force

(a) In this section, “visible from the traveled way” means capable of being seen, whether or not legible, without visual aid by an individual with normal visual acuity.

(b) This section does not apply to:

(1) outdoor advertising signs promoting a business or other activity conducted on the same property as the sign;

(2) outdoor advertising signs located under the authority of zoning permits in commercial or industrial zones;

(3) outdoor advertising signs authorized in districts zoned commercial and industrial by a municipality within the boundaries of the municipality;

(4) temporary real estate signs;

(5) official directional signs installed by the State Highway Administration or Harford County;

(6) signs denoting places of religious worship or a historic monument, provided that the signs are located in accordance with the rules and regulations of the State Highway Administration; and

(7) outdoor advertising signs erected before June 1, 1972.

(c) In Harford County, a person may not lease, rent, use, or permit the use of property for the purpose of erecting an outdoor advertising sign adjacent to a State or county highway if the sign is visible from the traveled way of the highway.

(d) This section may not be construed to permit the erection of an outdoor advertising sign in Harford County that is otherwise prohibited by State or local law or by local zoning ordinance.

(e) (1) The State Highway Administration or Harford County may acquire by purchase, gift, or condemnation outdoor advertising signs that are visible from the traveled way of State or county highways if the outdoor advertising signs were erected before June 1, 1972.

(2) (i) The State Highway Administration or Harford County shall pay just compensation for the removal of an outdoor advertising sign under this section.

(ii) Compensation may not be paid for any outdoor advertising signs erected after June 1, 1972.

(iii) Compensation may be paid only for the following:

1. taking from the owner of the sign all right, title, leasehold, and interest in the sign; and

2. taking from the owner of the property on which the sign is located the right to erect and maintain the sign on the property.
Md. Code, Housing and Community Development § 12-703 — MD Code / Article ghs / Title 12 / Subtitle 7 / Section 12-703
§12–703.
Status: in_force

(a) (1) Bonds of an authority shall be authorized by its resolution and may be issued in one or more series.

(2) The resolution, the trust indenture, or the mortgage shall provide for the bonds:

(i) a date or dates;

(ii) the time or times of maturity;

(iii) the interest rate or rates;

(iv) the denomination or denominations;

(v) whether they will be in coupon or registered form;

(vi) the conversion or registration privileges;

(vii) their rank or priority;

(viii) the manner of execution;

(ix) the medium of payment;

(x) the place or places of payment; and

(xi) the terms of redemption, with or without premium.

(3) Bonds may be sold at public or private sale in the manner and on the terms that a resolution of the authority authorizes.

(b) If a commissioner or officer of the authority whose signature is on a bond or coupon leaves office before the bond is delivered, the signature nevertheless is valid and sufficient, the same as if the commissioner or officer had remained in office until delivery.

(c) A bond reciting in substance that it has been issued by an authority to aid in financing a housing project to provide housing for persons of eligible income shall be considered to have been issued for that purpose in a proceeding involving the validity or enforceability of the bond or its security.
Md. Code, Corporations and Associations § 12-202 — MD Code / Article gca / Title 12 / Subtitle 2 / Section 12-202
§12–202.
Status: in_force

(a) Except as provided in its governing instrument, a statutory trust:

(1) Shall have perpetual existence; and

(2) May not be terminated or revoked by a beneficial owner or other person except in accordance with the terms of the governing instrument of the statutory trust.

(b) Except as provided in the governing instrument of a statutory trust, the death, incapacity, dissolution, termination, or bankruptcy of a beneficial owner shall not result in the termination or dissolution of a statutory trust.
Md. Code, Criminal Procedure § 12-303 — MD Code / Article gcp / Title 12 / Subtitle 3 / Section 12-303
§12–303.
Status: in_force

Except as provided in § 12-302 of this subtitle and § 4-401(9) of the Courts Article, the appropriate forfeiting authority shall file proceedings under this title in the circuit court.
Md. Code, Economic Development § 12-406 — MD Code / Article gec / Title 12 / Subtitle 4 / Section 12-406
§12–406.
Status: in_force

(a) (1) Except as limited by its articles of incorporation, a district corporation has all the powers set forth in this subtitle.

(2) A district corporation may:

(i) receive money from its incorporating county or municipal corporation, the State, other governmental units, or nonprofit organizations;

(ii) charge fees for its services;

(iii) have employees and consultants as it considers necessary; and

(iv) use the services of other governmental units.

(b) A district corporation shall operate and exercise its powers solely to accomplish one or more of the legislative purposes of this subtitle.
Md. Code, Public Utilities § 12-124 — MD Code / Article gpu / Title 12 / Subtitle 1 / Section 12-124
§12–124.
Status: in_force

(a) Before performing excavation or demolition in the State, a person:

(1) shall initiate a ticket request by notifying the one–call system serving the geographic area where the excavation or demolition is to be performed;

(2) shall select a start work date that commences:

(i) not sooner than 3 business days after the ticket is initiated; and

(ii) not later than 12 business days after the ticket is initiated; and

(3) may add a temporary excavator to an existing ticket.

(b) Notice provided to a one–call system under subsection (a) of this section shall indicate:

(1) the location of the proposed excavation or demolition;

(2) whether the proposed excavation or demolition is within rights–of–way owned or controlled by the Department of Transportation, an administration of the Department of Transportation, or the Maryland Transportation Authority and, if so, the entity and the permit number or authorization number obtained from that entity;

(3) the type and extent of work to be performed in connection with the proposed excavation or demolition; and

(4) the correct name of and contact information for the temporary excavator, if any, performing work under the ticket.

(c) (1) Except as provided in paragraph (2) of this subsection, on receiving notice, the one–call system shall promptly transmit a copy of the ticket to all owner–members in the geographic area indicated for that ticket.

(2) Based on information collected under subsection (b)(2) of this section, the one–call system shall promptly transmit a copy of the ticket to the Department of Transportation, an administration of the Department of Transportation, or the Maryland Transportation Authority, as applicable.

(3) (i) The ticket shall include a response date and time for owner–members or their contract locators that corresponds with the start work date selected by the person who initiated the ticket.

(ii) A ticket is valid for 12 business days after the selected start work date on a ticket that is transmitted by the one–call system to an owner–member or their contract locator.
Md. Code, Environment § 12-205 — MD Code / Article gen / Title 12 / Subtitle 2 / Section 12-205
§12–205.
Status: in_force

In addition to the powers set forth elsewhere in this title, the Board may recommend:

(1) Standards to the Secretary for the classification of waterworks, wastewater works, and industrial wastewater works; and

(2) Rules and regulations for adoption by the Secretary to carry out the provisions of this title.
Md. Code, State Personnel and Pensions § 12-102 — MD Code / Article gsp / Title 12 / Subtitle 1 / Section 12-102
§12–102.
Status: in_force

(a) Except as otherwise provided by law, this title applies to all employees in the State Personnel Management System within the Executive Branch and independent personnel systems.

(b) This title does not apply to:

(1) an employee who is appointed by the Governor whose appointment requires the Governor’s approval;

(2) an employee in the executive service of the State Personnel Management System;

(3) a temporary employee;

(4) an attorney in the Office of the Attorney General;

(5) a State Police officer;

(6) an employee under § 7–601 of the Transportation Article who is subject to a collective bargaining agreement that contains another grievance procedure;

(7) an employee, including a member of a faculty, who is subject to a contract or regulation governing teacher tenure;

(8) a member of the faculty, an officer, or an administrative employee of Baltimore City Community College;

(9) a student employee;

(10) an individual who, as an incarcerated individual or patient in an institution, is employed by the State; or

(11) an administrative law judge in the Office of Administrative Hearings.
Md. Code, Education § 12-106 — MD Code / Article ged / Title 12 / Subtitle 1 / Section 12-106
§12–106.
Status: in_force

(a) (1) In consultation with the presidents of the constituent institutions and the University of Maryland campuses, the Chancellor shall develop an overall plan that:

(i) Is consistent with the State Plan for Higher Education in accordance with the Charter and with the constituent institutions’ approved mission statements;

(ii) Sets forth both long–range and short–range goals, objectives, and priorities for postsecondary education, research, and service provided by the University System of Maryland and methods and guidelines for achieving and maintaining them;

(iii) Incorporates the following priorities:

1. A. Enhance the mission of the University of Maryland, College Park Campus as the State’s flagship campus with programs and faculty nationally and internationally recognized for excellence in research and the advancement of knowledge;

B. Admit to the campus freshmen who have academic profiles that suggest exceptional ability;

C. Provide access to the upper division undergraduate level of the campus for students who have excelled in completing lower division study; and

D. Provide the campus with the level of operating funding and facilities necessary to place it among the upper echelon of its peer institutions;

2. Maintain and enhance an academic health center and a coordinated Higher Education Center for Research and Graduate and Professional Study in the Baltimore area, comprised of the University of Maryland, Baltimore Campus and the University of Maryland Baltimore County, with a focus on science and technology;

3. Enhance and support high quality undergraduate, teacher preparation, and masters programs at the regional comprehensive institutions, recognizing and supporting the unique mission of each of these institutions;

4. Support Towson University as the largest comprehensive institution;

5. Enhance the historically African American institutions and recognize the role of the University of Maryland Eastern Shore as the State’s 1890 land grant institution;

6. Encourage and enhance, including the use of technology, regional higher education centers, such as the Shady Grove Center in Montgomery County, as points of collaboration and access for underserved areas of the State; and

7. Recognize and promote the unique potential of the University of Maryland Global Campus to be a national and global leader in the new international marketplace of electronic and continuing education; and

(iv) Incorporates the goals and duties of the University System of Maryland identified in § 10–209 of this article and § 12–107 of this subtitle.

(2) The Board shall review, modify, as necessary, and approve the overall plan.

(3) By July 1 of each year, the Board shall submit to the Maryland Higher Education Commission, to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly an annual review of the plan.

(b) The Board of Regents shall, on an ongoing basis, review and determine whether any University programs are inconsistent with the University’s mission or whether any constituent institution’s programs are inconsistent with that institution’s mission. The Board shall also assure that the University’s programs are not unproductive or unreasonably duplicative, taking into account the missions of the institutions, student demand, and efficient use of the University’s resources.

(c) Except as provided in subsection (d) of this section, with respect to each institution under its jurisdiction, and subject to the provisions of Title 11 of this article, in consultation with the Chancellor, the Board shall:

(1) Review and approve before implementation each proposal for:

(i) Any new program; and

(ii) Any substantial expansion, curtailment, or discontinuance of any existing program;

(2) Review existing programs and make necessary determinations for the continuation or modification, or the elimination of unreasonable duplication, in existing programs;

(3) Prescribe minimum admission standards;

(4) Establish general guidelines for tuition and fees;

(5) Establish and implement:

(i) Procedures for transfer of students and faculty between constituent institutions;

(ii) Cooperative programs among the constituent and other institutions to assure appropriate flexibility in the University System of Maryland; and

(iii) Standards for the reciprocal acceptance of credits; and

(6) (i) Review annually the long–range and short–range plans, goals, and objectives of each constituent institution for consistency with the objectives and priorities of the Board;

(ii) Monitor the progress of each constituent institution toward approved goals and objectives; and

(iii) Hold the president accountable for progress toward the goals and objectives.

(d) With respect to each institution under its jurisdiction, and subject to the provisions of Title 11 of this article, in consultation with the Chancellor, the Board shall:

(1) Review each new program proposed to be established and implemented within existing program resources in accordance with § 11–206.1 of this article;

(2) Ensure that the new program:

(i) Is consistent with the institution’s adopted mission statement in accordance with Title 11, Subtitle 3 of this article;

(ii) Meets a regional or statewide need consistent with the Maryland State Plan for Postsecondary Education;

(iii) Meets criteria for the quality of new programs, developed in consultation with the Maryland Higher Education Commission; and

(iv) Can be implemented within existing program resources of the institution, verified by a process established in consultation with the Maryland Higher Education Commission; and

(3) Approve the proposed new program within 60 days if the program meets the criteria in item (2) of this subsection, subject to the requirements of § 11–206.1(e) and (f) of this article.

(e) With respect to the program approval provisions in this title and Title 11 of this article, the Board of Regents shall take action as a Board to approve or disapprove a new program, and may consult with the Chancellor and appropriate University staff.

(f) In consultation with the Chancellor and the presidents, the Board may adopt policies providing for:

(1) The discipline, suspension, expulsion, or reinstatement of any student; and

(2) The recognition and conduct of student organizations and athletic programs and activities.