Md. Code, Tax - General § 4-104 — MD Code / Article gtg / Title 4 / Subtitle 1 / Section 4-104
§4–104.
Status: in_force

(a) A county or a municipal corporation may exempt from the admissions and amusement tax gross receipts from any charge for admission or for merchandise, refreshments, or a service, if the gross receipts are used exclusively for community or civic improvement by a nonprofit community association that is organized and operated to promote the general welfare of the community that the association serves and the net earnings of which do not inure to the benefit of any stockholder or member of the association.

(b) A county or a municipal corporation may exempt from the admissions and amusement tax gross receipts from any charge for admission to a concert or theatrical event of a nonprofit organization that is organized to present or offer any of the performing arts.

(c) Wicomico County or a municipal corporation in Wicomico County may exempt, by ordinance or resolution, from the admissions and amusement tax gross receipts from any charge for use of tennis courts.

(d) (1) An exemption of a class of activity by a county or municipal corporation does not alter the ability of the Stadium Authority to tax that class.

(2) An exemption of a class of activity by the Stadium Authority does not alter the ability of a county or municipal corporation to tax that class.

(e) (1) In this subsection, “arts and entertainment district”, “arts and entertainment enterprise”, and “qualifying residing artist” have the meanings stated in § 4–701 of the Economic Development Article.

(2) A county or a municipal corporation may exempt from the admissions and amusement tax gross receipts from any admissions or amusement charge levied by an arts and entertainment enterprise or qualifying residing artist in an arts and entertainment district.

(f) The Mayor and City Council of Baltimore City may exempt, by law, from the admissions and amusement tax gross receipts from any charge or fee to participate in an amateur recreational sports event or league.

(g) (1) In this subsection, “qualifying tourism enterprise” and “tourism zone” have the meanings stated in § 18–401 of the Local Government Article.

(2) (i) Subject to subparagraph (ii) of this paragraph, a county or a municipal corporation may exempt from the admissions and amusement tax gross receipts from any admissions or amusement charge levied by a qualifying tourism enterprise in a tourism zone.

(ii) The exemption authorized under subparagraph (i) of this paragraph does not apply to the State admissions and amusement tax imposed under § 4–102(d) and (e) of this title.
Md. Code, Natural Resources § 4-1202 — MD Code / Article gnr / Title 4 / Subtitle 12 / Section 4-1202
§4–1202.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, if any fine is imposed by the District Court for a violation of any provision of this title, the fine shall be collected pursuant to the provisions of law of the District Court system.

(2) Notwithstanding any other provision of law, a fine imposed by the District Court under § 4–1201(h) of this subtitle on a person who commits a separate commercial fishing violation while the license or authorization is suspended or revoked or who engages in commercial fishing activity without holding the appropriate license or authorization, less the costs of collection, shall be paid to the Fisheries Research and Development Fund.

(b) If any fine is imposed by the circuit court of any county, the fine, less the costs of collection, shall be paid to the Fisheries Research and Development Fund, unless otherwise provided for.
Md. Code, General Provisions § 4-304 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-304
§4–304.
Status: in_force

Unless otherwise provided by law, a custodian shall deny inspection of a public record, as provided in this part.
Md. Code, Education § 4-305 — MD Code / Article ged / Title 4 / Subtitle 3 / Section 4-305
§4–305.
Status: in_force

(a) There is a Chief Academic Officer in the Baltimore City Public School System who shall:

(1) Be responsible for the development and implementation of the curriculum taught and the instruction provided in the Baltimore City Public School System; and

(2) Report directly to the Chief Executive Officer.

(b) The Chief Executive Officer shall, subject to the approval of the board:

(1) Select the Chief Academic Officer; and

(2) Establish the salary of the Chief Academic Officer.

(c) The employment contract of the Chief Academic Officer shall provide, at a minimum, that continued employment is contingent on demonstrable improvement in the academic performance of the students in the Baltimore City Public School System.

(d) The Chief Academic Officer is not a public officer under the Constitution or the laws of the State.
Md. Code, State Government § 4-104 — MD Code / Article gsg / Title 4 / Subtitle 1 / Section 4-104
§4–104.
Status: in_force

(a) (1) The Comptroller may employ a staff in accordance with the State budget.

(2) The staff shall perform the duties that the Comptroller assigns.

(b) (1) From among the employees on the staff, the Comptroller may designate 1 Chief Deputy Comptroller and 1 or more deputy comptrollers.

(2) While in office, the Chief Deputy Comptroller and each deputy comptroller shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of this article.

(3) A designation as Chief Deputy Comptroller or as deputy comptroller may be terminated:

(i) by the Comptroller for any reason that the Comptroller considers sufficient; or

(ii) if the Comptroller is ill or absent, by the other members of the Board of Public Works for any reason that the members consider sufficient.

(4) A termination of the designation as Chief Deputy Comptroller or as deputy comptroller is not, of itself, a termination of employment.

(c) (1) The Comptroller, in consultation with the Secretary of Budget and Management, may set the pay scale of a position in the Office of the Comptroller that:

(i) is unique to the Office of the Comptroller; and

(ii) requires specific skills or experience to perform the duties of the position.

(2) The Secretary of Budget and Management, in consultation with the Comptroller, shall determine the positions for which the Comptroller may set compensation under paragraph (1) of this subsection.
Md. Code, Natural Resources § 4-812 — MD Code / Article gnr / Title 4 / Subtitle 8 / Section 4-812
§4–812.
Status: in_force

(a) A person may set crab pots in the waters of Tangier Sound, including Kedges Straits and the Somerset County waters of Holland Straits, south of a line running from Lower Island Point on Bloodsworth Island, following the Dorchester County-Somerset County line to its junction with county line buoy A; thence in a northerly direction toward Sharkfin Shoal Light to its junction with a straight line running from range marker AA northeasterly to range marker BB and the Dorchester County-Somerset County line; thence in a northeasterly direction following the straight line running from range marker AA northeasterly to range marker BB and the Dorchester County-Somerset County line to its junction with a line running from the former dwelling of Thomas Tigner near Haines Point to the southwesterly most point of land on Clay Island, provided that no crab pots be set in water that is less than 4 feet deep at mean low tide.

(b) A person may set crab pots outside of marked channels in the waters of Tyler Creek on Smith Island from April 1 to June 15.

(c) A person may not set crab pots in the Dorchester County waters of Holland Straits.
Md. Code, Courts and Judicial Proceedings § 4-304 — MD Code / Article gcj / Title 4 / Subtitle 3 / Section 4-304
§4–304.
Status: in_force

The District Court has jurisdiction to conduct a preliminary hearing in a felony case to determine if the defendant should be held for action of the grand jury or if charged by information, for trial in the appropriate court.
Md. Code, Tax - Property § 4-101 — MD Code / Article gtp / Title 4 / Subtitle 1 / Section 4-101
§4–101.
Status: in_force

(a) There is a collector for each county in the State.

(b) Except as otherwise provided by law, for each county, the governing body of the county shall appoint a collector on or before January 1 of each year.

(c) Before taking office, each collector shall take the oath required by Article I, § 9 of the Maryland Constitution.

(d) (1) A collector is entitled to the compensation provided in the county budget.

(2) A collector may not receive separate compensation from the State for collecting State taxes.
Md. Code, Labor and Employment § 4-111 — MD Code / Article gle / Title 4 / Subtitle 1 / Section 4-111
§4–111.
Status: in_force

On or before January 10 of each year, each bargaining representative shall submit to the Mediation Service a report that states, for each collective bargaining agreement that is to terminate during the year:

(1) the name and address of the employer;

(2) the total number of employees in the business establishment;

(3) the total number of employees in the bargaining unit; and

(4) the date on which the collective bargaining agreement terminates.
Md. Code, State Personnel and Pensions § 4-302 — MD Code / Article gsp / Title 4 / Subtitle 3 / Section 4-302
§4–302.
Status: in_force

(a) This section does not apply to the University System of Maryland.

(b) The Secretary shall submit to the Governor and, subject to § 2–1257 of the State Government Article, to the General Assembly an annual report covering all units of the Executive Branch of State government, including a unit with an independent personnel system, for each fiscal year that:

(1) provides information about:

(i) employee performance and efficiency;

(ii) use of leave by State employees;

(iii) incentive awards;

(iv) whistleblower proceedings;

(v) each denial of a pay increase, each disciplinary suspension, each grievance, each involuntary demotion, and each rejection on probation; and

(vi) a summary of the equal employment opportunity report required under § 5–204 of this article, including hiring, firing, promotions, terminations, and rejections on probation, by race, sex, and age;

(2) provides statistics and rankings that compare minority group State employees to all State employees in all job categories;

(3) provides information about part–time work and, in the Secretary’s discretion, alternate work schedules, work days, and work locations;

(4) provides information on the total number of positions designated as special appointments, including special appointments designated with regard to political affiliation, belief, or opinion; and

(5) makes any recommendations about conditions in State employment that the Secretary considers advisable.

(c) The report required by this section shall be submitted on or before January 1 following the fiscal year to which it applies.
Md. Code, Business Occupations and Professions § 4-303 — MD Code / Article gbo / Title 4 / Subtitle 3 / Section 4-303
§4–303.
Status: in_force

An applicant for a license shall:

(1) submit to the Board an application on the form that the Board provides; and

(2) pay to the Board an examination fee established by the Board in an amount not to exceed the cost of the required examination.
Md. Code, Economic Development § 4-105 — MD Code / Article gec / Title 4 / Subtitle 1 / Section 4-105
§4–105.
Status: in_force

In accordance with the State budget, the director of the Division may employ a staff and retain professional consultants.
Md. Code, Health Occupations § 4-201 — MD Code / Article gho / Title 4 / Subtitle 2 / Section 4-201
§4–201.
Status: in_force

There is a State Board of Dental Examiners in the Department.
Md. Code, Education § 4-138 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-138
§4–138.
Status: in_force

(a) (1) Before releasing to the public any data received from a county board that the Department has synthesized or compiled, the Department shall send the synthesized or compiled data back to the county board for verification.

(2) The county board shall:

(i) Verify any data for the local school system that will be released to the public; and

(ii) Send any school–level data to the appropriate school for verification.

(3) Within 7 business days after data is returned to a school for verification:

(i) A school administrator shall verify any data for the school that will be released to the public; and

(ii) The school principal shall certify the school administrator’s verification.

(4) If a school or county board discovers a suspected error during the data verification process, the county board shall verify the data for each school in the county.

(b) The Department shall develop and maintain a secure online platform for school administrators to use in analyzing and verifying data in accordance with subsection (a) of this section.

(c) (1) A school shall notify a county board of any suspected error in data released to the public.

(2) A county board shall notify the Office of Education Accountability within the Department of any suspected error in data for:

(i) The local school system; or

(ii) A school in the local school system.

(3) (i) The Office of Education Accountability shall review the data for errors and, if necessary, withdraw the publication to the extent possible.

(ii) Before the Department or a county board releases to the public any corrected data that was the subject of a review under subparagraph (i) of this paragraph, the school or county board shall repeat the verification process under subsection (a) of this section.
Md. Code, Alcoholic Beverages and Cannabis § 4-1202 — MD Code / Article gab / Title 4 / Subtitle 12 / Section 4-1202
§4–1202.
Status: in_force

(a) A local licensing board may issue a per diem license for the periods and at the fees specified in this subtitle or by the local licensing board.

(b) An application for a per diem license shall be:

(1) on the form that the Executive Director requires; and

(2) signed and sworn to by the applicant.

(c) A per diem license may be issued only if the issuance of a regular license of the same class is authorized.
Md. Code, Alcoholic Beverages and Cannabis § 4-1106 — MD Code / Article gab / Title 4 / Subtitle 11 / Section 4-1106
§4–1106.
Status: in_force

(a) There is a nonrefillable container permit.

(b) A nonrefillable container permit authorizes the permit holder to sell draft beer for off–premises consumption by packaging the beer in a nonrefillable container that meets the standards set out in subsection (d) of this section.

(c) (1) The term of a nonrefillable container permit is the same as that of the underlying license.

(2) The hours of sale for a nonrefillable container permit are the same as those for the underlying license.

(3) An applicant who holds an underlying license without an off–sale privilege shall meet the same advertising, posting of notice, and public hearing requirements as those for the underlying license.

(d) To be used as a nonrefillable container for draft beer under the authority of a nonrefillable container permit, a container shall:

(1) be constructed out of aluminum;

(2) be sealable;

(3) have a capacity of 32 ounces;

(4) be branded with the identifying marks of the seller of the container; and

(5) bear the federal health warning statement required for containers of alcoholic beverages under 27 C.F.R. § 16.21.
Md. Code, Housing and Community Development § 4-815 — MD Code / Article ghs / Title 4 / Subtitle 8 / Section 4-815
§4–815.
Status: in_force

(a) As to each loan, the Department may set:

(1) the principal amount, subject to subsection (f) of this section;

(2) the term of the loan, not to exceed 40 years except in the case of a reverse equity loan made under subsection (b)(3) of this section;

(3) the interest rate, which may be adjustable under subsection (g) of this section;

(4) the principal repayment terms, subject to subsections (b) and (c) of this section; and

(5) other terms that the Department considers necessary to achieve the purposes of the Program.

(b) (1) A loan may provide for immediate acceleration if the borrower violates § 4-816 of this subtitle or if the loan is in default.

(2) In the case of a preferred interest rate loan under § 4-804(1) of this subtitle, a loan may provide for full acceleration of principal after 5 years if the borrower:

(i) no longer qualifies as a household of limited income; and

(ii) can qualify for conventional mortgage financing.

(3) In the case of a reverse equity loan made under § 4-804(5) of this subtitle, a loan may provide for:

(i) full or partial deferral on payment of interest and principal until sale, conveyance in accordance with a will or trust instrument, or other transfer of the mortgaged property or a beneficial interest in the property; and

(ii) forgiveness of accrued interest in excess of the available equity in the mortgaged property when the conveyance occurs.

(4) In the case of an emergency assistance loan under § 4-804(4) of this subtitle, a loan may provide for full or partial deferral of payment of interest and principal until a stated date when the Department reasonably anticipates that the borrower will be able to make full or partial payments.

(c) A mortgage shall include the right of the Department to:

(1) foreclose the mortgage and take title to the foreclosed property or convey title to a buyer; and

(2) obtain a deficiency judgment.

(d) (1) Repayment of a loan shall be secured by a recorded lien on the real property.

(2) The lien may be a subordinate lien.

(3) A lien securing an emergency assistance loan may be released if the release is in the interest of the Department.

(e) The Department may require a mortgage to be insured at the borrower’s expense by a federal, State, or private instrumentality.

(f) (1) For a preferred interest loan under § 4–804(1) of this subtitle, the amount of the loan and any prior recorded liens outstanding may not exceed the value of the secured property, as determined by the Department when the loan is closed, plus settlement expenses.

(2) For a reverse equity loan under § 4–804(5) of this subtitle, the principal amount of the loan and any prior liens outstanding may not exceed the value of the secured property as determined by the Department from time to time.

(3) For a short–term loan under § 4–804(2) of this subtitle, the amount of the loan may not exceed the total commitments for permanent financing for buyers, including any commitments of federal, State, or local money to subsidize the cost of the dwelling units.

(4) For a preferred interest rate loan under § 4–804(6) of this subtitle, the Department may set the maximum amount of the loan, including the maximum amount that may be used for the transactional costs associated with the redemption.

(g) After full disclosure to the borrower when the loan is made, the Department may take as security an adjustable interest rate mortgage under which any rate adjustment must:

(1) follow written notice to the borrower; and

(2) be based on an increase or decrease in household income.

(h) On default, the Department may modify the interest rate, the time or amount of payment, or any other term of the loan to facilitate repayment of the loan and achieve the purposes of the Program.

(i) For a mortgage securing a loan under this subtitle, the Department may allow:

(1) the transfer of the mortgaged property or an interest in the property without monetary consideration:

(i) to a spouse, child, or other immediate family member; or

(ii) in connection with the death of a borrower, a divorce decree, or a legal separation agreement; and

(2) assumption of the mortgage by a transferee described in item (1)(i) of this subsection for monetary consideration and by any other transferee with or without consideration if the transferee qualifies as a household of limited income and satisfies all other Program requirements.

(j) For the developer of housing that will be priced so as to be affordable to households of limited income, the Department may commit to reserve for a fixed period a fixed amount of Program money to be available to finance preferred interest rate mortgage loans for households of limited income who seek to purchase from the developer fully constructed or rehabilitated homes.
Md. Code, Local Government § 4-312 — MD Code / Article glg / Title 4 / Subtitle 3 / Section 4-312
§4–312.
Status: in_force

(a) The Department of Legislative Services shall compile the charters of all municipalities into a single publication.

(b) The Department of Legislative Services shall update the compilation of municipal charters on a regular basis.
Md. Code, Environment § 4-303 — MD Code / Article gen / Title 4 / Subtitle 3 / Section 4-303
§4–303.
Status: in_force

Every person who disposes of or treats sewage in the Watershed shall anticipate the need for advanced waste treatment and removal of nutrients, in providing land and planning construction of sewage treatment plants, so that effluent from sewage treatment plants is sufficiently treated to meet the effluent water quality standard for bacteriological values, dissolved oxygen, pH, and temperature conditions defined by the Secretary of the Environment. Every future sewage treatment plant located within the Watershed shall be constructed to conform with these standards.
Md. Code, Natural Resources § 4-215.1 — MD Code / Article gnr / Title 4 / Subtitle 2 / Section 4-215.1
§4–215.
Status: in_force

§4–215.1.

(a) The provisions of this section do not apply if:

(1) The Department of the Environment has determined that it is necessary to close an area of State waters to finfishing for the protection of the public health and safety;

(2) An abatement or a summary abatement of a state of nuisance is necessary under § 4-205.1 of this subtitle; or

(3) The Department closes an area of State waters:

(i) For the stocking of coldwater trout; or

(ii) In order to provide a security zone adjacent to a production hatchery.

(b) The Department may completely close an area of State waters to all finfishing if the Department:

(1) In a written report made available to the general public:

(i) Makes a finding that the closure is necessary, after due consideration of:

1. The scientific basis for the closure;

2. The purpose of the closure;

3. The rationale for the selection of the specific area to be closed;

4. The sufficiency of the area closed to generate the benefits projected; and

5. The likelihood that the same objective could be effectively accomplished through the use of alternative management measures; and

(ii) Develops protocols and a reporting timeline to monitor and evaluate the effectiveness of the closure; and

(2) Holds at least one public hearing in accordance with the requirements under subsection (d) of this section.

(c) The reporting timeline required under subsection (b)(1)(ii) of this section shall provide for a written report as often as appropriate under the circumstances but at least as often as every 3 years from the date of closure.

(d) (1) For 2 successive weeks in advance of a public hearing required under subsection (b)(2) of this section, the Department shall:

(i) Post a notice of the date, time, place, and purpose of the hearing in a prominent position on the Department’s official Internet website; and

(ii) Advertise the date, time, place, and purpose of the hearing in at least:

1. One newspaper of general daily circulation in the State; and

2. One newspaper circulated in the affected region of each county in which waters may be directly affected by the proposed closure.

(2) At least 15 days before the public hearing, the Department shall make available to the general public the report required under subsection (b)(1) of this section.

(e) Following a closure of State waters under this section, in a written report made available to the general public and in accordance with the reporting timeline established under subsection (b)(1)(ii) of this section, the Department shall:

(1) Based on the protocols adopted under subsection (b)(1)(ii) of this section, evaluate the effectiveness of the closure in accomplishing its overall management objectives; and

(2) Determine what, if any, management modifications would be appropriate, including the reopening of the closed area.
Md. Code, Natural Resources § 4-215 — MD Code / Article gnr / Title 4 / Subtitle 2 / Section 4-215
§4–215.
Status: in_force

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

(2) “Conservation and management measures” means 1 or more techniques through which the objectives of a fishery management plan are achieved.

(3) “Fishery” or “fishery resource” means:

(i) One or more stocks of fish which can be treated as a unit for purposes of conservation and management and which are identified on the basis of geographic, scientific, technical, recreational, and economic characteristics; or

(ii) The group or industry harvesting those stocks.

(4) “Fishery management” means the system used to conserve and allocate the fishery resource, including research and data collection, determination of objectives and management measures, and establishment, enforcement, and periodic evaluation of regulations.

(5) “Fishery management plan” means a systematic description of a given fishery or fisheries and the objectives and conservation and management measures for the fishery or fisheries.

(6) “Supplement” means a Maryland–specific supplement prepared under subsection (b) of this section.

(b) (1) The Department shall prepare fishery management plans for the following species:

(i) White perch;

(ii) Yellow perch;

(iii) Oysters;

(iv) Blue crabs;

(v) Hard shell clams;

(vi) Catfish; and

(vii) Cownose ray.

(2) For species of fish that have an Atlantic States Marine Fisheries Commission fishery management plan, as authorized under § 4–301 of this title, or a federal Regional Fishery Management Council fishery management plan, the Department:

(i) Shall manage those species in accordance with those plans and any supplements to those plans;

(ii) May implement conservation and management measures in accordance with those plans;

(iii) May prepare a Maryland–specific supplement to those plans if, after consultation with the Tidal Fisheries Advisory Commission, Sport Fisheries Advisory Commission, and any other appropriate advisory bodies created under this title, the Department determines that imposing more restrictive measures is necessary to conserve the fishery;

(iv) May implement conservation and management measures in accordance with a supplement adopted under this section; and

(v) May manage those species in accordance with a fishery management plan prepared by the Department in accordance with subsection (c) of this section.

(c) (1) The Department may prepare fishery management plans for any species of fish if, after consultation with the Tidal Fisheries Advisory Commission, the Sport Fisheries Advisory Commission, and any other appropriate advisory bodies created under this title, the Department determines that the plans are necessary based on:

(i) Lack of management by the Atlantic States Marine Fisheries Commission or a federal Regional Fishery Management Council;

(ii) The population of the species;

(iii) The distribution of the species;

(iv) The habitat needs of the species; or

(v) Other biological, ecological, climatological, or socioeconomic factors concerning the species or Chesapeake Bay region.

(2) A fishery management plan may include:

(i) Proposed limitations on the catch of fish, based on area, species, size, number, weight, sex, incidental catch, total biomass, or other factors that are necessary and appropriate for conservation and management of a fishery;

(ii) Incorporation of relevant fishery conservation and management measures proposed or adopted by interstate bodies of which Maryland is a member; and

(iii) Other proposed measures, requirements, or conditions and restrictions that are necessary and appropriate for fishery management.

(3) (i) The Department may implement conservation and management measures in accordance with a fishery management plan adopted under this section.

(ii) Conservation and management measures implemented under a fishery management plan, to the extent possible:

1. Shall prevent overfishing while attempting to achieve the best and most efficient utilization of the State’s fishery resources;

2. Shall be based on the best information available;

3. May not discriminate unfairly among groups of commercial and recreational fishing participants, including individuals licensed to guide fishing parties and charter boat captains, or have economic allocation as its sole purpose;

4. Shall take into account and allow for variations among, and contingencies in, fisheries, fishery resources, and catches;

5. Shall avoid duplication of regulatory efforts and unnecessary costs to the State and to any other person; and

6. Shall take into account changes in environmental factors, including climatological factors.

(4) If it becomes necessary to allocate or assign fishing privileges among various groups of individuals under paragraph (3)(ii)3 of this subsection, or under any fishery management plan, that allocation shall be:

(i) Fair and equitable to all individuals;

(ii) Reasonably calculated to promote conservation; and

(iii) Carried out in such a manner that no particular individual, corporation, or other entity acquires an excessive share of such privileges.

(5) Subject to any applicable supplement and except as provided in paragraph (6) of this subsection, a fishery management plan may apply separately or jointly to the waters of the Chesapeake Bay and its tidal tributaries, the coastal bays and their tributaries, and the Maryland waters of the Atlantic Ocean and shall include:

(i) The best available estimates of sustainable harvest rates;

(ii) Indicators that would trigger any tightening or loosening of harvest restrictions;

(iii) A description of the fishery, including:

1. The history of the fishery, and its current condition relative to historic populations;

2. The numbers of potential commercial fishing participants, including individuals licensed to guide fishing parties and charter boat captains, and recreational fishing participants projected to participate in the fishery;

3. The type and quantity of fishing gear used commercially;

4. Where practicable, the cost likely to be incurred in the management of the fishery; and

5. The actual and potential revenues from the recreational and commercial fishery;

(iv) If the Department determines that a fishery has been, or is currently, overfished:

1. A species–specific time period for:

A. Ending or appropriately addressing overfishing; and

B. Rebuilding the stock of the species to a sustainable level; and

2. A description of:

A. Management strategies that have a high probability of reducing fishing to a target level within a target time period, as determined by the Department; and

B. The appropriate assignment or allocation of fishing privileges in accordance with paragraph (4) of this subsection; and

(v) Other pertinent data that will assist the Secretary in determining conservation and management measures reasonably necessary to ensure that the fishery resources will be sustained.

(6) The Department may waive the requirements in paragraph (5)(iv) of this subsection for a species of fish if the Department determines that meeting the requirements is not practicable or biologically appropriate based on:

(i) The specific biology of the species;

(ii) The management of the species under a federal or multi–state fishery management plan;

(iii) The designation of the species as a nuisance;

(iv) Environmental conditions; or

(v) Other ecological factors.

(d) (1) (i) The Department shall:

1. In coordination with the University of Maryland Center for Environmental Science and the Oyster Advisory Commission, develop a package of consensus recommendations for enhancing and implementing the fishery management plan for oysters that will be informed by a collaboratively developed, science–based modeling tool to quantify the long–term impacts of identified management actions and possible combinations of management actions on:

A. Oyster abundance;

B. Oyster habitat;

C. Oyster harvest;

D. Oyster harvest revenue; and

E. Nitrogen removal; and

2. Hold public listening sessions throughout the State to identify possible management actions for use in the public oyster fishery.

(ii) The Oyster Advisory Commission, with the assistance of external conflict resolution and facilitation specialists, shall:

1. Develop a package of consensus recommendations through a facilitated consensus solutions process, based on a 75% majority agreement level for each recommendation;

2. Recommend management actions or combinations of management actions to achieve the targets identified in the oyster stock assessment with the goal of increasing oyster abundance; and

3. Review model results for each management action or combination of management actions to inform its recommendations.

(iii) 1. The Department shall submit interim reports on the development of the package of consensus recommendations by August 1, 2020, December 1, 2020, and August 1, 2021, to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

2. In addition to the requirements under subsubparagraph 1 of this subparagraph, the Department shall include in the interim report submitted by August 1, 2021:

A. The status of the development of the science–based modeling tool used to quantify the long–term impacts of identified management actions; and

B. A summary of the model results of any actions identified by the Oyster Advisory Commission on or before the date of the interim report.

3. The Department shall provide a final report by December 1, 2021, which will include an implementation schedule for the consensus recommendations, to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(iv) To be responsive to changes in the oyster resource due to environmental conditions, the Department shall:

1. Review the status of the stock relative to reference points every 2 years and conduct a benchmark stock assessment every 6 years with consideration of new methods and with external peer review; and

2. With the input of interested stakeholders, implement management actions that increase oyster habitat, maintain harvest, and grow the oyster stock.

(2) The fishery management plan developed in accordance with paragraph (1) of this subsection shall:

(i) End the overfishing of oysters in all areas and regions of the Chesapeake Bay and its tributaries where overfishing has occurred according to biological reference points established by the most recent oyster stock assessment while maintaining a harvest in the fishery;

(ii) Achieve fishing mortality rates at target levels;

(iii) Increase oyster abundance;

(iv) Increase oyster habitat; and

(v) Facilitate the long–term sustainable harvest of oysters, including the public fishery.

(e) The Department shall present the management plans and supplements under this section in the form of an annual report, subject to § 2–1257 of the State Government Article, to:

(1) The Legislative Policy Committee;

(2) The Senate Committee on Education, Energy, and the Environment; and

(3) The Environment and Transportation Committee.

(f) (1) (i) The Department:

1. Shall adopt by regulation:

A. A fishery management plan prepared by the Department under this section; and

B. A supplement prepared by the Department under this section; and

2. May adopt conservation and management measures by regulation for:

A. An Atlantic States Marine Fisheries Commission fishery management plan;

B. A federal Regional Fishery Management Council fishery management plan;

C. A fishery management plan prepared and adopted by the Department under this section; and

D. A supplement prepared and adopted by the Department under this section.

(ii) 1. The Secretary may adopt conservation and management measures in separate proceedings and by separate regulations.

2. Conservation and management measures adopted separately may include changes to those proposed or adopted in a fishery management plan or supplement and any additional measures necessary to carry out the adopted plan or supplement.

(iii) The Secretary may not prohibit the use of pound net sites in the coastal bays that are registered with the Department as of January 1, 2000.

(2) (i) The regulations of the Department to implement a fisheries management plan for the coastal bays may not become effective under this section until the Department first holds a public hearing.

(ii) The public hearing required under subparagraph (i) of this paragraph may be held in person in Worcester County or, in whole or in part, remotely by electronic means.

(3) All notices of public hearings required for the adoption of regulations under this section shall be printed in the Maryland Register and further publicized so as to provide reasonable notice to the affected communities of commercial fishing participants, including individuals licensed to guide fishing parties and charter boat captains, and recreational fishing participants and the public.

(g) Notwithstanding any other provision of this title, except § 4–1002 of this title, once a fishery management plan or supplement has been adopted by regulation, the State’s fishery resources shall be harvested in accordance with the conservation and management measures in the fishery management plan or supplement and any regulations implementing or amending that plan or supplement.

(h) The provisions of this section do not apply to aquaculture activities in nontidal ponds, lakes, or impoundments in the State.
Md. Code, State Finance and Procurement § 4-810 — MD Code / Article gsf / Title 4 / Subtitle 8 / Section 4-810
§4–810.
Status: in_force

On or before January 1, 2030, each primary procurement unit shall ensure that at least 75% of the electricity supply procured by the unit for use in State facilities is derived from no– or low–carbon energy sources.
Md. Code, Housing and Community Development § 4-247 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-247
§4–247.
Status: in_force

(a) (1) Bonds or notes that the Administration issues may be secured by a trust agreement between the Administration and a trustee that is in or out of the State.

(2) A trustee shall be a trust company or a bank with trust powers.

(b) A trust agreement or a determination authorizing the issuance of bonds or notes may contain:

(1) subject to then–existing agreements with bondholders or noteholders, provisions to secure payment of bonds or notes by pledging or assigning:

(i) any of the revenues of the Administration;

(ii) a mortgage that the Administration holds, a loan that the Administration has made, or security for the mortgage or loan;

(iii) the proceeds of a bond or note of the Administration; or

(iv) any combination of these and other assets of the Administration;

(2) provisions to protect and enforce rights and remedies of bondholders or noteholders, and covenants stating the duties of or restrictions on the Administration;

(3) provisions restricting the rights of bondholders or noteholders;

(4) provisions that appoint one or more trust companies or banks with trust powers to act as depositaries of the proceeds of bonds or notes or of any revenues or money of the Administration, with any indemnifying bonds or securities required by the Administration allowed to be given or pledged by any depositary bank or trust company incorporated in the State;

(5) provisions on the custody, safeguarding, and application of money of the Administration;

(6) provisions on investments of money of the Administration as the Administration provides, notwithstanding §§ 17–101 and 17–102 of the Local Government Article and §§ 6–202, 6–205, 6–206, 6–209, and 6–210 of the State Finance and Procurement Article;

(7) provisions that establish and control all aspects of reserves, including debt service reserves;

(8) provisions for funding or refunding bonds or notes, including redemption premiums and interest; and

(9) any other provisions that are reasonable and proper for the security of bondholders or noteholders.
Md. Code, Business Occupations and Professions § 4-608 — MD Code / Article gbo / Title 4 / Subtitle 6 / Section 4-608
§4–608.
Status: in_force

(a) Following an inspection of a barbershop, if a Board inspector determines that a licensee or permit holder has violated this title or a regulation adopted by the Board, the inspector may issue a citation to the licensee or permit holder.

(b) A citation issued by a Board inspector shall be in writing and shall state:

(1) a brief description of each violation;

(2) the amount of a civil penalty, as prescribed by regulation, for each violation; and

(3) as provided in this section:

(i) the time within which the civil penalty is to be paid;

(ii) the opportunity to contest the citation; and

(iii) the finality of the citation if it is not contested.

(c) The citation shall be served on the licensee or permit holder alleged to have committed the violation by:

(1) hand-delivery; or

(2) certified mail to the last known address of the licensee or permit holder.

(d) Subject to subsections (e) and (f) of this section, the civil penalty set forth in a citation shall be paid within 60 days of its receipt.

(e) A citation and the applicable civil penalty shall be considered a final order of the Board unless, within 60 days of being served with the citation, the licensee or permit holder notifies the Board in writing of an intent to contest the citation.

(f) (1) Upon the receipt of a written notice of a licensee or permit holder’s intent to contest a citation, the Board shall hold a hearing, in accordance with § 4-315 or § 4-514 of this title, regarding the cited violations.

(2) A hearing held in accordance with paragraph (1) of this subsection may not be delegated to the Office of Administrative Hearings under Title 10, Subtitle 2 of the State Government Article.

(g) (1) The Board shall establish by regulation a schedule of civil penalties for violations of this title and regulations adopted by the Board.

(2) The civil penalties imposed under this subsection may not exceed $300 for all violations cited on a single day.
Md. Code, Agriculture § 4-219 — MD Code / Article gag / Title 4 / Subtitle 2 / Section 4-219
§4–219.
Status: in_force

(a) The Secretary may detain, for no more than 20 days, any poultry product, any product exempted from the definition of poultry product, or any dead, dying, disabled, or diseased poultry he finds on any premises where it is held for distribution, or during or after distribution, if the article is capable for use as human food and there is reason to suspect that it is adulterated or misbranded and if:

(1) The article has not been inspected in violation of this subtitle or any other State or federal law; or

(2) The article has been or is intended to be distributed in violation of this subtitle or any other State or federal law.

(b) The article shall be detained pending condemnation proceedings or notification of any federal or other governmental authority having jurisdiction over the article. No person may remove any detained article until the Department releases it.

(c) The Secretary may require all official marks to be removed from the article before it is released unless the Department decides the article is eligible to retain the marks.
Md. Code, Health Occupations § 4-320 — MD Code / Article gho / Title 4 / Subtitle 3 / Section 4-320
§4–320.
Status: in_force

(a) An action may be maintained in the name of this State or the Board to enjoin:

(1) Unauthorized practice of dentistry or dental hygiene;

(2) Conduct that is a ground for disciplinary action under § 4-315(a) of this subtitle;

(3) Conduct that violates any prohibition in Subtitle 4 of this title, which relates to dental laboratory work; or

(4) Conduct that violates the practice limitations of § 4-603 of this title.

(b) An action under this section may be brought by:

(1) The Board, in its own name;

(2) The Attorney General, in the name of this State; or

(3) A State’s Attorney, in the name of this State.

(c) An action under this section shall be brought in the county where the defendant:

(1) Resides; or

(2) Engages in the acts sought to be enjoined.

(d) Proof of actual damage or that any person will sustain any damage if an injunction is not granted is not required for an action under this section.

(e) An action under this section is in addition to and not instead of criminal prosecution for unauthorized practice of dentistry under § 4-601 of this title or disciplinary action under § 4-315 of this subtitle.
Md. Code, Housing and Community Development § 4-302 — MD Code / Article ghs / Title 4 / Subtitle 3 / Section 4-302
§4–302.
Status: in_force

There is a Down Payment and Settlement Expense Loan Program.
Md. Code, Business Occupations and Professions § 4-512 — MD Code / Article gbo / Title 4 / Subtitle 5 / Section 4-512
§4–512.
Status: in_force

(a) (1) With the approval of the Secretary, the Board may appoint inspectors to conduct inspections.

(2) An inspector serves at the pleasure of the Board.

(3) Subject to the State budget, each inspector is entitled to:

(i) reasonable compensation as determined by the Board for each day on which the inspector is engaged in the duties of the inspector’s appointment; and

(ii) reimbursement for expenses under the Standard State Travel Regulations.

(b) (1) The Board shall inspect barbershops.

(2) The Board or an inspector shall inspect each barbershop before the barbershop:

(i) initially opens for business;

(ii) opens for business at a new location; or

(iii) continues business under a new owner.

(3) A barbershop that remodels and reopens with the same owner is not subject to the inspection requirement of this subsection.

(c) (1) The Board or an inspector may enter and inspect a barber school approved by the State Board of Education or the Maryland Higher Education Commission at any time during business hours to determine the sanitary condition of the barber school.

(2) If, during an inspection of a barber school, an inspector finds an unsanitary condition, the inspector promptly shall report the condition to the Board.

(d) (1) A barbershop shall allow an inspector, on presentation of credentials, to enter and inspect the facility at any time during business hours.

(2) During inspection of a barbershop, the owner, lessee, or manager of the barbershop shall accompany the inspector.

(e) (1) An inspector shall make an inspection report after an inspection and give a copy to the individual who accompanied the inspector during the inspection.

(2) The individual shall sign the inspection report for the barbershop to acknowledge receipt of a copy of the report.
Md. Code, Public Safety § 4-502 — MD Code / Article gps / Title 4 / Subtitle 5 / Section 4-502
§4–502.
Status: in_force

Nothing in this subtitle may be construed as requiring a county or qualifying municipality to spend more for police protection than the greater of:

(1) the actual expenditures for police protection, not including capital expenditures; or

(2) the sum of:

(i) the amount received in State aid under this subtitle; and

(ii) local funds equal to the percentage of local wealth used in calculating the State share in basic expenditures under § 4–506(b) of this subtitle.
Md. Code, Business Occupations and Professions § 4-209 — MD Code / Article gbo / Title 4 / Subtitle 2 / Section 4-209
§4–209.
Status: in_force

The Board exercises its powers, duties, and functions subject to the authority of the Secretary.
Md. Code, Natural Resources § 4-304 — MD Code / Article gnr / Title 4 / Subtitle 3 / Section 4-304
§4–304.
Status: in_force

(a) The Commission shall keep an accurate account of all of its receipts and reimbursements. It shall report annually to the Governor by January 10 setting forth in detail every Commission transaction which was conducted during the preceding year, and make any recommendation for legislative action deemed advisable, including amendments to the laws of the State which may be necessary to carry out the intent and purposes of the Compact among the signatory states.

(b) The State Comptroller may examine the Commission’s accounts and books, including its receipts, disbursements, and any other items concerning its financial standing as the Comptroller deems proper. The Comptroller shall report the results of his examination to the Governor.
Md. Code, State Finance and Procurement § 4-508 — MD Code / Article gsf / Title 4 / Subtitle 5 / Section 4-508
§4–508.
Status: in_force

If a unit of the State government requisitions a nonexpendable item to replace any item, the unit shall declare the existing item to be excess personal property unless the Department of Budget and Management waives this requirement. The unit of the State government seeking to replace the item shall submit a declaration of excess personal property to the Department of General Services with the purchase requisition for the replacement item.
Md. Code, Business Occupations and Professions § 4-304.1 — MD Code / Article gbo / Title 4 / Subtitle 3 / Section 4-304.1
§4–304.
Status: in_force

§4–304.1.

(a) The Board may use a testing service to administer examinations given under this title.

(b) If the Board uses a testing service, the testing service, subject to the requirements set by the Board, may:

(1) set the time and place of examinations;

(2) give qualified applicants notice of the time and place of examinations; and

(3) furnish any other information that the Board may require the testing service to provide.

(c) The Board or the Board’s designees shall mail or electronically transmit to each applicant notice of the applicant’s examination results.
Md. Code, Natural Resources § 4-702 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-702
§4–702.
Status: in_force

(a) Except as provided in subsection (b) of this section, a person may not buy for resale finfish, crabs, or shellfish from waters of the State unless the person is licensed and authorized as a seafood dealer under § 4–701 of this subtitle.

(b) The following persons are not required to obtain a seafood dealer authorization under this section:

(1) A person who buys finfish, crabs, or shellfish for personal use or consumption;

(2) A person who buys for resale finfish or shellfish species defined as bait under subsection (c) of this section; and

(3) A person who buys finfish, crabs, or shellfish from a person with a seafood dealer authorization under § 4–701 of this subtitle.

(c) (1) Any person not otherwise licensed under § 4–701(d)(2)(ii)2 of this subtitle that harvests and sells finfish or shellfish species defined as bait under paragraph (3) of this subsection shall obtain a bait harvester permit from the Department.

(2) The annual fee for a bait harvester permit is $25.

(3) The Department shall adopt regulations defining which species of finfish and shellfish may be caught and sold as bait in accordance with a bait harvester permit issued under this subsection.

(d) The Department shall adopt regulations to define the species that are included as shellfish under this section.
Md. Code, Natural Resources § 4-1207 — MD Code / Article gnr / Title 4 / Subtitle 12 / Section 4-1207
§4–1207.
Status: in_force

(a) In addition to any other penalty or fine provided in this title, any person who is convicted of violating any provision of this title or any regulation adopted under the authority of this title may have the license under which the person operated in the commission of violation suspended or revoked by the court.

(b) (1) A court may suspend for not more than 1 year a fishing license of a person who is convicted of violating § 6-402 of the Criminal Law Article while carrying a fishing rod or net for the purpose of fishing.

(2) When a person not holding a fishing license is convicted of violating § 6-402 of the Criminal Law Article while carrying a fishing rod or net for the purpose of fishing, the court may order that the person not obtain a fishing license for a period of not more than 1 year.
Md. Code, Labor and Employment § 4-505 — MD Code / Article gle / Title 4 / Subtitle 5 / Section 4-505
§4–505.
Status: in_force

(a) Subject to subsection (b) of this section, this subtitle only applies to:

(1) each charter county that engaged in collective bargaining with an employee organization prior to October 1, 1994;

(2) Charles County on or after October 1, 2017; and

(3) each municipal corporation that engages in collective bargaining with an employee organization prior to October 1, 1995.

(b) This subtitle may not be construed to repeal or limit any local charter provision that extends collective bargaining rights to employees of employers and, if a local charter authorizes or grants collective bargaining rights to any employees, the provisions of this subtitle do not apply.

(c) This subtitle may not be construed to:

(1) require any form of collective bargaining;

(2) require any method, means, or scope of bargaining between an employer and an exclusive representative; or

(3) authorize binding interest arbitration.
Md. Code, Corporations and Associations § 4A-102 — MD Code / Article gca / Title 4A / Subtitle 1 / Section 4A-102
§4A–102.
Status: in_force

(a) Unless otherwise provided in this title, the policy of this title is to give the maximum effect to the principles of freedom of contract and to the enforceability of operating agreements.

(b) A provision of this title that may be changed by the terms of an operating agreement also may be changed by the terms of the articles of organization.
Md. Code, State Government § 4-107 — MD Code / Article gsg / Title 4 / Subtitle 1 / Section 4-107
§4–107.
Status: in_force

The Governor or any member of the General Assembly may inspect, during regular business hours, the accounts and general books of the Comptroller.
Md. Code, General Provisions § 4-316 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-316
§4–316.
Status: in_force

(a) Except as provided in subsection (d) of this section and subject to subsection (e) of this section, unless otherwise ordered by the court, files and records of the court pertaining to an arrest warrant issued under Maryland Rule 4–212(d)(1) or (2) and the charging document on which the arrest warrant was issued may not be open to inspection until:

(1) the arrest warrant has been served and a return of service has been filed in accordance with Maryland Rule 4–212(g); or

(2) 90 days have elapsed since the arrest warrant was issued.

(b) Except as provided in subsection (d) of this section and subject to subsection (e) of this section, unless otherwise ordered by the court, files and records of the court pertaining to an arrest warrant issued in accordance with a grand jury indictment or conspiracy investigation and the charging document on which the arrest warrant was issued may not be open to inspection until all arrest warrants for any co–conspirators have been served and all returns of service have been filed in accordance with Maryland Rule 4–212(g).

(c) Subject to subsections (a) and (b) of this section, unless sealed under Maryland Rule 4–201(d), the files and records shall be open to inspection.

(d) (1) The name, address, birth date, driver’s license number, sex, height, and weight of an individual contained in an arrest warrant issued under Maryland Rule 4–212(d)(1) or (2) or issued in accordance with a grand jury indictment or conspiracy investigation may be released to the Motor Vehicle Administration for use by the Administration for purposes of § 13–406.1 or § 16–204 of the Transportation Article.

(2) Except as provided in paragraph (1) of this subsection, information in a charging document that identifies an individual may not be released to the Motor Vehicle Administration.

(e) Subsections (a) and (b) of this section may not be construed to prohibit:

(1) the release of statistical information concerning unserved arrest warrants;

(2) the release of information by a State’s Attorney or peace officer concerning an unserved arrest warrant and the charging document on which the arrest warrant was issued;

(3) inspection of files and records of a court concerning an unserved arrest warrant and the charging document on which the arrest warrant was issued by:

(i) a judicial officer;

(ii) any authorized court personnel;

(iii) a State’s Attorney;

(iv) a peace officer;

(v) a correctional officer who is authorized by law to serve an arrest warrant;

(vi) a bail bondsman, surety insurer, or surety who executes bail bonds who executed a bail bond for the individual who is subject to arrest under the arrest warrant;

(vii) an attorney authorized by the individual who is subject to arrest under the arrest warrant;

(viii) the Department of Juvenile Services; or

(ix) a federal, State, or local criminal justice agency described under Title 10, Subtitle 2 of the Criminal Procedure Article; or

(4) the release of information by the Department of Public Safety and Correctional Services or the Department of Juvenile Services to notify a victim under § 11–507 of the Criminal Procedure Article.
Md. Code, Alcoholic Beverages and Cannabis § 4-402 — MD Code / Article gab / Title 4 / Subtitle 4 / Section 4-402
§4–402.
Status: in_force

(a) Subject to §§ 4–406 and 4–407 of this subtitle, a holder of an expiring license is entitled to an annual license renewal:

(1) on the approval of the license renewal application by the local licensing board;

(2) on payment of the annual license fee; and

(3) without filing or providing more information unless specifically requested by the local licensing board.

(b) Except as provided in §§ 4–407(a) and 4–408(c) of this subtitle, a local licensing board shall consider an application for license renewal in the same manner as for an original application.
Md. Code, Criminal Law § 4-111 — MD Code / Article gcr / Title 4 / Subtitle 1 / Section 4-111
§4–111.
Status: in_force

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

(2) “Area for children and vulnerable individuals” means:

(i) a preschool or prekindergarten facility or the grounds of the facility;

(ii) a private primary or secondary school or the grounds of the school; or

(iii) a health care facility, as defined in § 15–10B–01(g)(1), (2), (3), and (4) of the Insurance Article.

(3) “Firearm” has the meaning stated in § 4–104 of this subtitle.

(4) “Government or public infrastructure area” means:

(i) a building or any part of a building owned or leased by a unit of State or local government;

(ii) a building of a public or private institution of higher education, as defined in § 10–101 of the Education Article;

(iii) a location that is currently being used as a polling place in accordance with Title 10 of the Election Law Article or for canvassing ballots in accordance with Title 11 of the Election Law Article;

(iv) an electric plant or electric storage facility, as defined in § 1–101 of the Public Utilities Article;

(v) a gas plant, as defined in § 1–101 of the Public Utilities Article; or

(vi) a nuclear power plant facility.

(5) “Law enforcement official” has the meaning stated in § 4–201 of this title.

(6) “Police officer” has the meaning stated in § 3–201 of the Public Safety Article.

(7) “ROTC” means Reserve Officer Training Corps.

(8) “Service member” has the meaning stated in § 9–901 of the State Government Article.

(9) “Special purpose area” means:

(i) a location licensed to sell or dispense alcohol or cannabis for on–site consumption;

(ii) a stadium;

(iii) a museum;

(iv) an amusement park;

(v) a racetrack; or

(vi) a video lottery facility, as defined in § 9–1A–01 of the State Government Article.

(b) This section does not apply to:

(1) a law enforcement official or a police officer;

(2) an on–duty employee of a law enforcement agency authorized by the agency to possess firearms on duty or whose duty assignment involves the possession of firearms;

(3) a service member on duty or traveling to or from duty;

(4) a member of an ROTC program while participating in an activity for an ROTC program;

(5) a correctional officer or warden of a correctional facility in the State;

(6) a railroad police officer appointed under Title 3, Subtitle 4 of the Public Safety Article;

(7) an employee of an armored car company, if the person is acting within the scope of employment and has a valid permit to wear, carry, or transport a handgun issued under Title 5, Subtitle 3 of the Public Safety Article;

(8) subject to subsection (i) of this section, a person who has retired as a law enforcement official in good standing from a law enforcement agency of the United States, the State or another state, or a local unit in the State or another state, who possesses a firearm, if:

(i) 1. the person is carrying the person’s badge or credential in compliance with the requirements of the badge or credential;

2. the firearm carried or possessed by the person is concealed from view under or within an article of the person’s clothing; and

3. the person is authorized to carry a handgun under the laws of the State or the United States; or

(ii) 1. the person possesses a valid permit to wear, carry, or transport a handgun issued under Title 5, Subtitle 3 of the Public Safety Article; and

2. the firearm carried or possessed by the person is concealed from view under or within an article of the person’s clothing;

(9) for a location that is not owned by, leased by, or otherwise under the control of the State or a political subdivision of the State:

(i) the owner or lessee of the location; or

(ii) a person who is authorized by the owner or lessee of the location to wear, carry, or transport a firearm at the location for the purpose of:

1. employment as a security guard licensed under Title 19 of the Business Occupations and Professions Article; or

2. protecting any individual or property at the location with an express agreement between the parties, remuneration, or compensation;

(10) a location being used with the permission of the person or governmental unit that owns, leases, or controls the location for:

(i) an organized shooting activity for educational purposes;

(ii) a historical demonstration using a firearm; or

(iii) hunting or target shooting; or

(11) a firearm that is carried or transported in a motor vehicle if the firearm is:

(i) locked in a container; or

(ii) a handgun worn, carried, or transported in compliance with any limitations imposed under § 5–307 of the Public Safety Article, by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article.

(c) A person may not wear, carry, or transport a firearm in an area for children or vulnerable individuals.

(d) (1) A person may not wear, carry, or transport a firearm in a government or public infrastructure area.

(2) A government or public infrastructure area specified under subsection (a)(4)(i) of this section must display a clear and conspicuous sign at the main entrance of the building or the part of a building that is owned or leased by the unit of State or local government indicating that it is not permissible to wear, carry, or transport a firearm in the building or that part of the building.

(e) A person may not wear, carry, or transport a firearm in a special purpose area.

(f) A person who willfully violates subsection (c), (d)(1), or (e) of this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.

(g) (1) A conviction under this section may not merge with a conviction for any other crime based on the act establishing the violation of this section.

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

(h) For purposes of this section, a requirement to keep a handgun concealed is not violated by:

(1) the momentary and inadvertent exposure of a handgun; or

(2) the momentary and inadvertent exposure of the imprint or outline of a handgun.

(i) Nothing in this section limits the power of an administrative head of a Maryland court to punish for contempt or to adopt rules or orders regulating, allowing, restricting, or prohibiting the possession of weapons in any building housing the court or any of its proceedings, or on any grounds appurtenant to the building.
Md. Code, Insurance § 4-211.1 — MD Code / Article gin / Title 4 / Subtitle 2 / Section 4-211.1
§4–211.
Status: in_force

§4–211.1.

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

(2) “Act” has the meaning stated in § 3–301 of this article.

(3) “Home state” has the meaning stated in § 3–301 of this article.

(4) “Nonadmitted insurance” has the meaning stated in § 3–301 of this article.

(b) For policies effective on or after July 21, 2011, the placement of nonadmitted insurance is subject to the statutory and regulatory requirements solely of the insured’s home state.

(c) The premiums charged for unauthorized insurance are subject to a premium receipts tax in the State on all gross premiums, less any returned premiums, charged for nonadmitted insurance as specified in §§ 4–209 and 4–211 of this subtitle.

(d) For policies effective before July 21, 2011:

(1) if the policy covers property, risks, or exposures located or to be performed entirely in the State, the premium receipts tax shall be computed on the entire premium at the rate specified in subsection (c) of this section; and

(2) if the policy covers property, risks, or exposures located or to be performed both in and outside the State, the premium receipts tax shall be computed at the rate specified in subsection (c) of this section only on that portion of the premium that is properly allocable to the risks located in the State.

(e) For policies effective on or after July 21, 2011, if the State is the insured’s home state, the premium receipts tax shall be computed on the entire premium at the rate specified in subsection (c) of this section.

(f) For policies effective on or after July 21, 2011, only the home state of an insured may receive premium receipts tax payments and reports for nonadmitted insurance.

(g) For policies effective on or after July 21, 2011, the regulation of nonadmitted insurance is subject to the statutory and regulatory requirements solely of the home state of the insured.

(h) The Commissioner shall cooperate with other states to adopt and implement uniform requirements for nonadmitted insurance in compliance with the Act.
Md. Code, Election Law § 4-205 — MD Code / Article gel / Title 4 / Subtitle 2 / Section 4-205
§4–205.
Status: in_force

(a) A political party in the State may not incorporate under the general laws of the State providing for the formation of a corporation.

(b) Unless it is the party State central committee, an organization may not represent that it is the official organization or governing body of any political party.

(c) A person who violates this section shall be guilty of a misdemeanor and shall be subject to the penalties provided in Title 16 of this article.
Md. Code, State Finance and Procurement § 4-806 — MD Code / Article gsf / Title 4 / Subtitle 8 / Section 4-806
§4–806.
Status: in_force

(a) So that it can audit and evaluate competing design proposals, the Department shall set standards for energy performance indices.

(b) As experience develops on the energy performance achieved in State buildings, the energy performance indices will serve as a measure of building performance with respect to energy consumption.

(c) The Department, in cooperation with the Maryland Energy Administration, shall assist State agencies in reducing, by 2031, the average energy consumption in State buildings by 20% from the level in fiscal year 2018.

(d) On or before October 1, 2024, the Maryland Green Building Council shall:

(1) update the High Performance Green Building Program authorized under § 3–602.1 of this article to ensure that all new buildings and major renovations subject to the Program align with the State’s goal of achieving net zero greenhouse gas emissions by 2045; and

(2) submit a copy of the updated Program to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(e) (1) The Department shall identify State–owned facilities that are potential candidates for energy savings performance contracts.

(2) State agencies shall provide on–site support to work with the Department at facilities identified as candidates for energy savings performance contracts under this subsection.

(f) (1) Each year, the Department shall conduct an energy and greenhouse gas emissions audit of at least 2,000,000 square feet of State–owned buildings.

(2) The audit shall include best practices and identify low–cost measures for increasing energy efficiency and reducing greenhouse gas emissions.

(3) The Department shall provide a copy of the audit to the head of each unit of State government that occupies the space audited.

(4) (i) Each unit of State government that occupies the space audited shall, to the fullest extent practicable, implement the measures identified in the audit.

(ii) For 1 year following the implementation of the measures identified in the audit, the Department shall:

1. monitor the unit’s energy use and greenhouse gas emissions;

2. track any changes resulting from the measures; and

3. calculate any energy cost savings and emissions reductions resulting from the measures.

(g) (1) In this subsection, “Database” means the Comprehensive Utility Records Management Database.

(2) The Department shall record reductions in energy consumption and greenhouse gas emissions resulting from the energy–savings measures in the Database.

(3) Each month or on request by the Department, each unit of State government shall provide the Department with access to available data about the unit’s facilities and copies of the unit’s utility bills.

(4) The Department shall report to the Governor annually on each unit’s data compliance.

(5) The Department shall use the facility data and utility bill information provided under this subsection to fully populate, update, and maintain the Database.

(h) Each unit of State government shall, in support of the unit’s core missions, implement projects and initiatives to conserve energy and reduce the unit’s greenhouse gas emissions.

(i) Provisions promoting the State’s energy efficiency and greenhouse gas emissions reduction goals shall be included in each request for proposals that:

(1) is for the leasing of space to the State; and

(2) would obligate the State to pay the utility bills for the leased space.

(j) Each fiscal year, the Department shall report to the Governor on the State’s progress toward achieving the goal of reducing energy consumption in State buildings by 20%.
Md. Code, Alcoholic Beverages and Cannabis § 4-1001 — MD Code / Article gab / Title 4 / Subtitle 10 / Section 4-1001
§4–1001.
Status: in_force

(a) There is a Class B–BWL (H–C) license.

(b) A local licensing board may issue the license to the management company of the conference center facility if the facility:

(1) is jointly owned, operated, or financed by the Maryland Stadium Authority and the political subdivision or an instrumentality of that political subdivision that is physically connected to a hotel; and

(2) provides food and beverage service to registered guests at the hotel.

(c) The license authorizes the license holder to sell beer, wine, and liquor for consumption on the premises of the facility and the adjacent hotel, including the rooms of registered guests.

(d) The license is exempt from restrictions against holding multiple licenses or having financial interests in multiple licenses.

(e) In a jurisdiction with a food–to–alcoholic beverages ratio requirement for a Class B (on–sale) hotel and restaurant license, the laws and regulations concerning the ratio requirement apply to the Class B–BWL (H–C) license.

(f) The annual license fee is $2,500.
Md. Code, Estates and Trusts § 4-603 — MD Code / Article get / Title 4 / Subtitle 6 / Section 4-603
§4–603.
Status: in_force

(a) An international will:

(1) Shall be made in writing;

(2) Does not need to be written by the testator;

(3) May be written in any language; and

(4) May be written by hand or by any other means.

(b) (1) The testator shall declare in the presence of at least two witnesses and a person authorized to act in connection with international wills that the document is the testator’s will and that the testator knows the contents of the document.

(2) The testator need not inform the witnesses or the authorized person of the contents of the will.

(c) In the presence of the witnesses and of the authorized person, a testator shall:

(1) Sign the will; or

(2) If the testator has previously signed the will, acknowledge the testator’s signature.

(d) (1) If a testator is unable to sign, the absence of the testator’s signature does not affect the validity of the will if:

(i) The testator indicates the reason for the testator’s inability to sign; and

(ii) The authorized person makes note on the will of the reason for the testator’s inability to sign.

(2) If a testator is unable to sign, another person present, including the authorized person or one of the witnesses, may sign the testator’s name for the testator if:

(i) The other person signs at the direction of the testator; and

(ii) The authorized person makes note on the will of the other person signing the testator’s name at the direction of the testator.

(3) Notwithstanding paragraph (2) of this subsection, a person is not required to sign the testator’s name at the testator’s direction.

(e) The witnesses and the authorized person shall there and then attest the will by signing their names in the presence of the testator.
Md. Code, Corporations and Associations § 4A-902 — MD Code / Article gca / Title 4A / Subtitle 9 / Section 4A-902
§4A–902.
Status: in_force

(a) A limited liability company is dissolved and shall commence the winding up of its affairs on the first to occur of the following:

(1) At the time or on the happening of the events specified in the articles of organization or the operating agreement;

(2) At the time specified by the unanimous consent of the members;

(3) At the time of the entry of a decree of judicial dissolution under § 4A–903 of this subtitle; or

(4) Unless otherwise agreed or as provided in subsection (b) of this section, at the time the limited liability company has had no members for a period of 90 consecutive days.

(b) (1) A limited liability company may not be dissolved or required to wind up its affairs if within 90 days after there are no remaining members of the limited liability company or within the period of time provided in the operating agreement:

(i) The last remaining member’s successor or assignee agrees in writing to continue the limited liability company and to be admitted as a member or to appoint a designee as a member to be effective as of the time the last remaining member ceased to be a member; or

(ii) A member is admitted to the limited liability company in the manner set forth in the operating agreement to be effective as of the time the last remaining member ceased to be a member under a provision in the operating agreement that provides for the admission of a member after there are no remaining members.

(2) If a new member is not admitted to the limited liability company in accordance with paragraph (1) of this subsection, and the last remaining member ceased to be a member under § 4A–606(5) of this title, the last remaining member’s personal representative or guardian shall automatically be admitted as a new member of the limited liability company, effective immediately on the happening of the event described in § 4A–606(5) of this title, unless within 90 days after the personal representative or guardian first has knowledge of the event, the personal representative or guardian:

(i) Renounces that admission in writing; or

(ii) Designates a person to become a new member, and the designee accepts the designee’s admission in writing or by electronic communication to the personal representative or guardian.

(c) An operating agreement may provide that the last remaining member’s personal representative, guardian, successor, or assignee shall be obligated to agree in writing to continue the limited liability company and to be admitted as a member or to appoint a designee as a member to be effective as of the time the last remaining member ceased to be a member.

(d) Unless otherwise agreed and subject to the provisions of subsections (a)(4) and (b) of this section, the termination of a person’s membership may not cause a limited liability company to be dissolved or to wind up its affairs and the limited liability company shall continue in existence following the termination of a person’s membership.
Md. Code, Natural Resources § 4-704.1 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-704.1
§4–704.
Status: in_force

§4–704.1.

A person may not catch striped bass for sale unless the person has purchased a valid license to catch striped bass from the Department under § 4-701 of this subtitle.
Md. Code, Housing and Community Development § 4-303 — MD Code / Article ghs / Title 4 / Subtitle 3 / Section 4-303
§4–303.
Status: in_force

The purpose of the Program is to provide financing for down payment and settlement expenses to enable eligible homebuyers to purchase homes.
Md. Code, Natural Resources § 4-2A-05 — MD Code / Article gnr / Title 4 / Subtitle 2A / Section 4-2A-05
§4–2A–05.
Status: in_force

(a) (1) Except with respect to species of fish determined to be endangered or threatened pursuant to the Endangered Species Act, the Secretary, upon the petition of an interested person that meets the requirements of paragraph (2) of this subsection, shall conduct a review of any listed or unlisted species proposed to be removed from or added to the lists published pursuant to § 4–2A–04(f) of this subtitle, if the Secretary makes and publishes a public notice that the person has presented substantial evidence which warrants a review.

(2) A petition submitted by an interested person under paragraph (1) of this subsection shall include:

(i) A description of the biological distribution of the species in the State;

(ii) The life needs and habitat requirements of the species;

(iii) Evidence:

1. Of the species’ decline, if the species is an unlisted species; or

2. That the species is more common than previously believed and documented, if the species is a listed species;

(iv) All known threats that jeopardize the continued existence of the species;

(v) Any other relevant biological and ecological data or other life history information pertinent to the status of the species;

(vi) Evidence that the species is recognized as a valid species or an infraspecific taxon of regional or national significance; and

(vii) Adequate documentation that the species occurs naturally and is permanently established in the State.

(b) When any species of fish is listed as a threatened species pursuant to § 4–2A–04(f) of this subtitle, the Secretary shall adopt regulations necessary and advisable to provide for the conservation of the species. The Secretary, by regulation, shall prohibit with respect to any threatened species of fish any act prohibited under subsection (c) of this section.

(c) Except as provided in subsection (f) of this section, with respect to any endangered species of fish, no person may:

(1) Export the species from the State;

(2) Take the species within the State;

(3) Possess, process, sell, or offer for sale, deliver, carry, transport, or ship the species by any means; or

(4) Violate any regulation pertaining to the conservation of the species or to any threatened species of wildlife listed pursuant to this subsection and adopted by the Secretary pursuant to authority provided by this section.

(d) Except as provided in subsection (f) of this section, with respect to any endangered species of fish, no person may:

(1) Export the species from the State;

(2) Possess, process, sell, offer for sale, deliver, carry, transport, or ship the species by any means; or

(3) Violate any regulation pertaining to the species or to any threatened species of fish listed pursuant to § 4–2A–04(f) of this subtitle and adopted by the Secretary.

(e) If any endangered species of fish which enters the State from another state or from a point outside the territorial limits of the United States and which is being transported to a point within or beyond the State may be so entered and transported without restriction in accordance with the terms of any federal permit or permit issued under the laws or regulations of another state.

(f) (1) Subject to paragraph (2) of this subsection, the Secretary may issue a permit, under the terms and conditions he prescribes, to allow any act otherwise prohibited by subsections (c) and (d) of this section for scientific purposes, to enhance the propagation or survival of the affected species, and on or after January 1, 1990, for aquaculture involving the affected species in nontidal ponds, lakes, or impoundments.

(2) Notwithstanding the provisions of paragraph (1) of this subsection, on or after June 1, 1989, the Secretary may issue a permit to allow the purchase of striped bass or striped bass hybrid from out–of–state sources for possession and raising in aquaculture operations in nontidal ponds, lakes, or impoundments in the State.
Md. Code, Alcoholic Beverages and Cannabis § 4-907 — MD Code / Article gab / Title 4 / Subtitle 9 / Section 4-907
§4–907.
Status: in_force

(a) (1) The court may affirm, modify, or reverse a decision of the local licensing board.

(2) If the court reverses a decision, the court shall file with the record a written statement of the reasons for the reversal.

(b) Costs for a judicial review under this subtitle shall be awarded as in other civil cases.
Md. Code, Criminal Procedure § 4-202 — MD Code / Article gcp / Title 4 / Subtitle 2 / Section 4-202
§4–202.
Status: reserved

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

(2) “Victim” has the meaning stated in § 11–104 of this article.

(3) “Victim’s representative” has the meaning stated in § 11–104 of this article.

(b) Except as provided in subsection (c) of this section, a court exercising criminal jurisdiction in a case involving a child may transfer the case to the juvenile court before trial or before a plea is entered under Maryland Rule 4–242 if:

(1) the accused child was at least 14 but not 18 years of age when the alleged crime was committed;

(2) the alleged crime is excluded from the jurisdiction of the juvenile court under § 3–8A–03(d)(1), (4), or (5) of the Courts Article; and

(3) the court determines by a preponderance of the evidence that a transfer of its jurisdiction is in the interest of the child or society.

(c) The court may not transfer a case to the juvenile court under subsection (b) of this section if:

(1) the child was convicted in an unrelated case excluded from the jurisdiction of the juvenile court under § 3–8A–03(d)(1) or (4) of the Courts Article; or

(2) the alleged crime is murder in the first degree and the accused child was 16 or 17 years of age when the alleged crime was committed.

(d) In determining whether to transfer jurisdiction under subsection (b) of this section, the court shall consider:

(1) the age of the child;

(2) the mental and physical condition of the child;

(3) the amenability of the child to treatment in an institution, facility, or program available to delinquent children;

(4) the nature of the alleged crime; and

(5) the public safety.

(e) In making a determination under this section, the court may order that a study be made concerning the child, the family of the child, the environment of the child, and other matters concerning the disposition of the case.

(f) The court shall make a transfer determination within 10 days after the date of a transfer hearing.

(g) If the court transfers its jurisdiction under this section, the court may order the child held for an adjudicatory hearing under the regular procedure of the juvenile court.

(h) (1) Pending a determination under this section to transfer its jurisdiction, the court shall order the child to be held in a secure juvenile facility unless:

(i) the child is released on bail, recognizance, or other conditions of pretrial release;

(ii) there is not available capacity in a secure juvenile facility, as determined by the Department of Juvenile Services; or

(iii) the court finds that detention in a secure juvenile facility would pose a risk of harm to the child or others.

(2) If the court makes a finding under paragraph (1)(iii) of this subsection that detention in a secure juvenile facility would pose a risk of harm to the child or others, the court shall state the reasons for the finding on the record.

(i) (1) The provisions of § 3–8A–27 of the Courts Article relating to confidentiality of records apply to all police records and court records concerning the child excluded from the jurisdiction of the juvenile court under § 3–8A–03(d)(1), (4), or (5) of the Courts Article from the time of the child’s arrest until:

(i) the time for filing of a motion to transfer to juvenile court under the Maryland Rules has expired and no such motion has been filed; or

(ii) a motion to transfer to juvenile court has been denied.

(2) If a case is transferred to the juvenile court under this section:

(i) the provisions of § 3–8A–27 of the Courts Article relating to confidentiality of records continue to apply to all police and court records concerning the child; and

(ii) the criminal charge is subject to expungement under § 10–106 of this article.

(j) (1) A victim or victim’s representative shall be given notice of the transfer hearing as provided under § 11–104 of this article.

(2) (i) A victim or a victim’s representative may submit a victim impact statement to the court as provided in § 11–402 of this article.

(ii) This paragraph does not preclude a victim or victim’s representative who has not filed a notification request form under § 11–104 of this article from submitting a victim impact statement to the court.

(iii) The court shall consider a victim impact statement in determining whether to transfer jurisdiction under this section.

(k) (1) Regardless of whether the District Court has jurisdiction over the case, at a bail review or preliminary hearing before the District Court involving a child whose case is eligible for transfer under subsection (b) of this section, the District Court:

(i) may order that a study be made under the provisions of subsection (e) of this section; and

(ii) shall order that the child be held in a secure juvenile facility pending a transfer determination under this section unless:

1. the child is released on bail, recognizance, or other conditions of pretrial release;

2. there is not available capacity at a secure juvenile facility as determined by the Department of Juvenile Services; or

3. the District Court finds that detention in a secure juvenile facility would pose a risk of harm to the child or others.

(2) If the District Court makes a finding under paragraph (1)(ii)3 of this subsection that detention in a secure juvenile facility would pose a risk of harm to the child or others, the District Court shall state the reasons for the finding on the record.
Md. Code, Business Occupations and Professions § 4-701 — MD Code / Article gbo / Title 4 / Subtitle 7 / Section 4-701
§4–701.
Status: in_force

This title may be cited as the “Maryland Barbers Act”.
Md. Code, Criminal Law § 4-206 — MD Code / Article gcr / Title 4 / Subtitle 2 / Section 4-206
§4–206.
Status: in_force

(a) (1) A law enforcement officer may make an inquiry and conduct a limited search of a person under paragraph (2) of this subsection if the officer, in light of the officer’s observations, information, and experience, reasonably believes that:

(i) the person may be wearing, carrying, or transporting a handgun in violation of § 4–203 of this subtitle;

(ii) because the person possesses a handgun, the person is or presently may be dangerous to the officer or to others;

(iii) under the circumstances, it is impracticable to obtain a search warrant; and

(iv) to protect the officer or others, swift measures are necessary to discover whether the person is wearing, carrying, or transporting a handgun.

(2) If the circumstances specified under paragraph (1) of this subsection exist, a law enforcement officer:

(i) may approach the person and announce the officer’s status as a law enforcement officer;

(ii) may request the name and address of the person;

(iii) if the person is in a vehicle, may request the person’s license to operate the vehicle and the registration of the vehicle;

(iv) may ask any question and request any explanation that may be reasonably calculated to determine whether the person is unlawfully wearing, carrying, or transporting a handgun in violation of § 4–203 of this subtitle; and

(v) if the person does not offer an explanation that dispels the officer’s reasonable beliefs described in paragraph (1) of this subsection, may conduct a search of the person limited to a patting or frisking of the person’s clothing in search of a handgun.

(3) A law enforcement officer acting under this subsection shall take into account all circumstances of the occasion, including the age, appearance, physical condition, manner, and gender of the person approached.

(b) (1) If the officer discovers that the person is wearing, carrying, or transporting a handgun, the officer may demand evidence from the person of the person’s authority to wear, carry, or transport the handgun in accordance with § 4–203(b) of this subtitle.

(2) If the person does not produce the evidence specified in paragraph (1) of this subsection, the officer may seize the handgun and arrest the person.

(c) (1) A law enforcement officer who conducts a search or seizure in accordance with this section shall file a written report with the law enforcement officer’s employer unit within 24 hours after the search or seizure.

(2) The report shall be on a form that the Secretary of Public Safety and Correctional Services prescribes, shall include the name of the person searched, and shall describe the circumstances surrounding and the reasons for the search or seizure.

(3) A copy of the report shall be sent to the Secretary of State Police.

(d) On request of a law enforcement officer, the Attorney General shall defend the officer in a civil action, including any appeal, in which the officer is sued for conducting a search or seizure under this section that is alleged to be unreasonable and unlawful.

(e) (1) This section may not be construed to limit the right of a law enforcement officer to conduct any other type of search or seizure or make an arrest that is otherwise authorized by law.

(2) The provisions of this section are in addition to and not limited by the provisions of Title 2 of the Criminal Procedure Article.
Md. Code, Estates and Trusts § 4-513 — MD Code / Article get / Title 4 / Subtitle 5 / Section 4-513
§4–513.
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, if removal of a part from an individual is intended to occur after the individual’s death, a person may not for valuable consideration knowingly purchase or sell the part for transplantation or therapy.

(2) A person that violates paragraph (1) of this subsection is guilty of a felony and on conviction is subject to a fine not exceeding $50,000 or imprisonment not exceeding 5 years or both.

(b) (1) A person may charge a reasonable amount of money for the removal, processing, preservation, quality control, storage, transportation, implantation, or disposal of a part.

(2) The prohibition in subsection (a) of this section does not apply to blood and plasma.

(c) (1) A person may not, in order to obtain financial gain, intentionally falsify, forge, conceal, deface, or obliterate a document of gift, an amendment or revocation of a document of gift, or a refusal.

(2) A person who violates paragraph (1) of this subsection is guilty of a felony and on conviction is subject to a fine not exceeding $50,000 or imprisonment not exceeding 5 years or both.
Md. Code, Human Services § 4-205 — MD Code / Article ghu / Title 4 / Subtitle 2 / Section 4-205
§4–205.
Status: in_force

(a) (1) The Administration shall be the central coordinating and directing agency of all social service activities in the State, including:

(i) child welfare services; and

(ii) any other social service activities financed wholly or partly by the Administration.

(2) For the purposes of these duties, child welfare services provided to a minor may continue after the minor’s eighteenth birthday but not beyond the minor’s twenty-first birthday.

(b) The Administration shall supervise, direct, and control the activities of the local departments that it finances wholly or partly.

(c) The Administration shall supervise all public and private institutions that have care, custody, or control of abused, abandoned, dependent, or neglected children, except:

(1) institutions under the authority of the Department of Juvenile Services; and

(2) agencies, persons, or institutions designated by the Department of Juvenile Services under § 9-217 of this article.

(d) (1) The Administration may visit any State-aided institution, organization, or agency engaged in social service or welfare activities and inspect thoroughly its management, buildings, and equipment.

(2) Visits and inspections under paragraph (1) of this subsection shall be made:

(i) at reasonably convenient hours; and

(ii) with reasonable regard to the established discipline, regulations, and customs of the institution, organization, or agency.

(e) As desirable or necessary for the purpose of this title, the Administration may designate existing agencies or organizations in the State as the Administration’s agents.

(f) Before the start of each regular session of the General Assembly, the Administration shall submit a report of its activities to the Governor.
Md. Code, Business Occupations and Professions § 4-203 — MD Code / Article gbo / Title 4 / Subtitle 2 / Section 4-203
§4–203.
Status: in_force

From among the members of the Board, the Governor shall appoint a president, treasurer, and secretary.
Md. Code, Tax - Property § 4-201 — MD Code / Article gtp / Title 4 / Subtitle 2 / Section 4-201
§4–201.
Status: in_force

(a) Each collector shall collect:

(1) for property listed on the tax roll, the State and county taxes that are due and any interest, penalties, and service charges on the property tax that are due; and

(2) any tax on personal property imposed by § 10-210 of this article.

(b) Except as otherwise provided by law, on request of a municipal corporation or special taxing district, a collector may collect municipal corporation or special taxing district taxes.

(c) Except as otherwise provided by law, the collector shall remit the taxes collected during any month, and interest, penalties, or service charges on the taxes collected:

(1) for the county, to the appropriate county official on or before the 10th day of the following month;

(2) for a municipal corporation, to the appropriate municipal corporation official; and

(3) for a special district, to the appropriate officer of the district.
Md. Code, Transportation § 4-209 — MD Code / Article gtr / Title 4 / Subtitle 2 / Section 4-209
§4–209.
Status: in_force

As to revenue bonds, including revenue bonds of prior issues, and transportation facilities projects:

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

(2) Every reference in this Code, any other law, ordinance, resolution, rule, regulation, order, directive, legal action, contract, or any other document to the State Roads Commission means the Maryland Transportation Authority.
Md. Code, Business Regulation § 4-319 — MD Code / Article gbr / Title 4 / Subtitle 3 / Section 4-319
§4–319.
Status: in_force

A building or other structure that is used or intended to be used, wholly or partly, for a contest shall be ventilated properly and have fire exits and escapes in conformance with local law.
Md. Code, Business Occupations and Professions § 4-702 — MD Code / Article gbo / Title 4 / Subtitle 7 / Section 4-702
§4–702.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all regulations adopted under this title shall terminate and be of no effect after July 1, 2027.
Md. Code, Corporations and Associations § 4A-1012 — MD Code / Article gca / Title 4A / Subtitle 10 / Section 4A-1012
§4A–1012.
Status: in_force

(a) If a foreign limited liability company that owns property rights, privileges, franchises, or other assets located in this State is a party to a merger in which a foreign corporation, foreign limited partnership, or a foreign limited liability company is the successor, the transfer to, vesting in, or devolution on the successor of the property, rights, privileges, franchises, or other assets of the nonsurviving foreign limited liability company is effective as provided by the laws of the place that governs the merger.

(b) The successor shall file with the Department a certificate executed by an authorized person that specifies:

(1) Each county in the State where a foreign limited liability company party to the merger, except the successor, owned an interest in land;

(2) The name of each party to the merger;

(3) The place under the laws of which each party was organized; and

(4) The name of the successor.

(c) If a copy of the document effecting the merger has not been filed with the Department as provided in § 4A-703 of this title, the successor shall file with the Department an officially certified copy of that document.

(d) (1) When the Department receives the articles and any certificate of the successor, the Department shall prepare and file certificates of merger in the manner provided for Maryland limited liability companies.

(2) However, the certificate of merger need not state the principal office in the State of any limited liability company that does not have a principal office, and the certificate shall include other information specified in the certificate filed by the successor.
Md. Code, Local Government § 4-307 — MD Code / Article glg / Title 4 / Subtitle 3 / Section 4-307
§4–307.
Status: in_force

(a) On the day and during the hours specified in the resolution for a referendum, the charter amendment shall be submitted to the qualified voters.

(b) (1) Except as otherwise provided in this subtitle, the referendum shall be conducted generally according to the procedures for regular municipal elections.

(2) The official who conducts the regular municipal election shall perform the same duties for the referendum.

(c) The municipality shall pay for the referendum.

(d) Promptly after the canvas is complete, the official who conducts the referendum shall certify the results to the chief executive officer of the municipality.

(e) Within 10 days after receiving the certification:

(1) if a majority of those who voted on the question voted for the proposed charter amendment:

(i) the chief executive officer of the municipality publicly shall so proclaim; and

(ii) on the 30th day after the public proclamation, the charter amendment shall become part of the municipal charter; or

(2) if less than a majority of those who voted on the question voted for the proposed charter amendment:

(i) the chief executive officer of the municipality publicly shall so proclaim; and

(ii) the proclamation shall state that the charter amendment is not approved.
Md. Code, Family Law § 4-502 — MD Code / Article gfl / Title 4 / Subtitle 5 / Section 4-502
§4–502.
Status: in_force

(a) (1) Any person who alleges to have been a victim of abuse and who believes there is a danger of serious and immediate personal harm may request the help of a local law enforcement unit.

(2) A local law enforcement officer who responds to the request for help shall:

(i) protect the person from harm when responding to the request; and

(ii) accompany the person to the family home so that the person may remove the following items, regardless of who paid for the items:

1. the personal clothing of the person and of any child in the care of the person; and

2. the personal effects, including medicine or medical devices, of the person and of any child in the care of the person that the person or child needs immediately.

(b) A law enforcement officer who responds to a request described in subsection (a) of this section has the immunity from liability described under § 5-610 of the Courts Article.
Md. Code, Agriculture § 4-301 — MD Code / Article gag / Title 4 / Subtitle 3 / Section 4-301
§4–301.
Status: in_force

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

(b) “Consumer” means any person who purchases or otherwise acquires shell eggs for household consumption.

(c) (1) “Distributor” means any person who:

(i) Sells, offers, or exposes for sale shell eggs;

(ii) Purchases shell eggs for other than household consumption; or

(iii) Distributes eggs to a retail outlet or food service facility owned by that person.

(2) “Distributor” does not include any person who purchases shell eggs either exclusively as a retailer or exclusively for use in a food service facility or exclusively both as a retailer and as a food service facility.

(d) “Food service facility” means any person who operates a facility where eggs are used in the preparation of food and who does not distribute eggs to a food service facility owned by that person.

(e) “Packer” means any person who places shell eggs in the original case, carton, or container that is used to hold eggs for distribution or sale to a consumer.

(f) “Poultry” means any living domesticated bird.

(g) “Retailer” means any person who sells shell eggs to a consumer and who

does not distribute eggs to a retail outlet owned by that person.

(h) “Shell eggs” means raw or treated poultry eggs that are still in the shell and intended for human consumption.

(i) “Treated egg” means a poultry egg that has been subjected to a process that alters the egg while still in the shell.
Md. Code, Corporations and Associations § 4A-1102 — MD Code / Article gca / Title 4A / Subtitle 11 / Section 4A-1102
§4A–1102.
Status: in_force

(a) Unless otherwise agreed, a limited liability company shall approve the conversion of the limited liability company to an other entity by the vote required under § 4A–403(d)(1) of this title.

(b) An other entity seeking to convert to a limited liability company shall approve the conversion of the other entity to a limited liability company in the manner and by the vote required by its governing document and the laws of the place where it is incorporated or organized.

(c) (1) A member of a limited liability company objecting to a conversion of the limited liability company has the same rights with respect to the member’s interest in the limited liability company as a stockholder of a Maryland corporation who objects has with respect to the stockholder’s stock under Title 3, Subtitle 2 of this article.

(2) The procedures under Title 3, Subtitle 2 of this article shall be applicable to the extent practicable.
Md. Code, Tax - Property § 4-403 — MD Code / Article gtp / Title 4 / Subtitle 4 / Section 4-403
§4–403.
Status: in_force

(a) In addition to any other remedy, if a collector fails to remit taxes as provided by §§ 4-201 and 4-202 of this title, the Comptroller may request the Attorney General to file suit against the collector and the bond of the collector.

(b) If suit is brought by the State, a county, or a municipal corporation as provided in subsection (a) of this section, the collector or surety has the right to a jury trial.
Md. Code, Health - General § 4-227 — MD Code / Article ghg / Title 4 / Subtitle 2 / Section 4-227
§4–227.
Status: in_force

A person who violates § 4-226 of this subtitle is guilty of a misdemeanor and on conviction is subject to the following penalties:

(1) For violating § 4-226(a) or (b), a fine not exceeding $100.

(2) For violating § 4-226(g) or (h), a fine not exceeding $200.

(3) For violating § 4-226(d), a fine not exceeding $500.

(4) For violating § 4-226(c), a fine not exceeding $500 or imprisonment not exceeding 6 months or both.

(5) For violating § 4-226(e), a fine not exceeding $500 or imprisonment not exceeding 1 year or both.

(6) For violating § 4-226(i), except where a different penalty is provided in this section, a fine not exceeding $100.

(7) For violating § 4-226(f), a fine not exceeding $1,000 or imprisonment not exceeding 30 days or both.
Md. Code, Business Occupations and Professions § 4-507 — MD Code / Article gbo / Title 4 / Subtitle 5 / Section 4-507
§4–507.
Status: in_force

(a) A barbershop may not employ at the same time more than three apprentice barbers for each master barber employed.

(b) A barbershop may have a separate shampoo area.

(c) The Board may not require a barbershop to have a minimum number of sinks.

(d) (1) An apprentice barber under complete and constant supervision of a master barber may assist the master barber in starting or completing an operation. The master barber or barbershop may charge the usual fees for the operation.

(2) A fee may not be charged for an operation performed completely by an apprentice barber.
Md. Code, Economic Development § 4-103 — MD Code / Article gec / Title 4 / Subtitle 1 / Section 4-103
§4–103.
Status: in_force

(a) (1) With the approval of the Governor, the Secretary shall appoint a director of the Division.

(2) The director serves at the pleasure of the Secretary.

(3) Removal of the director by the Secretary is final.

(b) The director shall have demonstrated interest and experience in tourism, film, and the arts.

(c) The director shall operate the Division under the direction of the Secretary.
Md. Code, Environment § 4-115 — MD Code / Article gen / Title 4 / Subtitle 1 / Section 4-115
§4–115.
Status: in_force

(a) Any person aggrieved by a final decision of the Department in connection with an order or permit issued under this subtitle may take a direct judicial appeal.

(b) The appeal shall be made as provided for judicial review of decisions in the Administrative Procedure Act.
Md. Code, Housing and Community Development § 4-503 — MD Code / Article ghs / Title 4 / Subtitle 5 / Section 4-503
§4–503.
Status: reserved

(a) In this section, “Fund” means the Partnership Rental Housing Fund.

(b) There is a Partnership Rental Housing Fund.

(c) The Fund consists of:

(1) money appropriated by the State to the Partnership Rental Housing Program;

(2) money made available to the Partnership Rental Housing Program from the sale of general obligation or other bonds including the proceeds of the sale of bonds authorized by Chapter 625 of the Acts of the General Assembly of 1988 and Chapter 97 of the Acts of the General Assembly of 1989;

(3) investment earnings of the Fund; and

(4) repayment of loans from the Fund except to the extent any State or federal law governing the proceeds of bonds prohibits the recycling of money.

(d) Subject to the approval of the Legislative Policy Committee and § 7–209 of the State Finance and Procurement Article, after the first 8 months of a fiscal year, the Department may transfer unencumbered money in the Fund among the Partnership Rental Housing Fund, the Rental Housing Programs Fund, the Homeownership Programs Fund, and the Special Loan Programs Fund, if the Secretary determines that demand is:

(1) less than anticipated for the fund from which money is being transferred; and

(2) greater than anticipated for the fund to which money is being transferred.
Md. Code, Land Use § 4-501 — MD Code / Article glu / Title 4 / Subtitle 5 / Section 4-501
§4–501.
Status: in_force

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

(b) (1) “Accessory dwelling unit” means a secondary dwelling unit that is:

(i) on the same lot, parcel, or tract as a primary single–family detached dwelling unit; and

(ii) not greater than 75% of the size of and subordinate in use to the primary single–family detached dwelling unit.

(2) “Accessory dwelling unit” includes a structure that is:

(i) separate from the primary single–family detached dwelling unit; or

(ii) attached as an addition to the primary single–family detached dwelling unit.

(c) (1) “Dwelling unit” means a single unit providing complete living facilities for at least one individual, including, at a minimum, provisions for sanitation, cooking, eating, and sleeping.

(2) “Dwelling unit” does not include a unit in a multifamily residential building.

(d) “Utility” means water or sewer disposal services provided by:

(1) a private company regulated under Division I of the Public Utilities Article;

(2) the Washington Suburban Sanitary Commission regulated under Division II of the Public Utilities Article;

(3) a sanitary commission regulated under Title 9, Subtitle 6 of the Environment Article; or

(4) a municipal authority regulated under Title 9, Subtitle 7 of the Environment Article.
Md. Code, Corporations and Associations § 4A-1207 — MD Code / Article gca / Title 4A / Subtitle 12 / Section 4A-1207
§4A–1207.
Status: in_force

(a) A person managing the business and affairs of a benefit limited liability company:

(1) Shall consider the effects of any action or decision not to act on:

(i) The members of the benefit limited liability company;

(ii) The employees and workforce of the benefit limited liability company and the subsidiaries and suppliers of the benefit limited liability company;

(iii) The interests of customers as beneficiaries of the general or specific public benefit purposes of the benefit limited liability company;

(iv) Community and societal considerations, including those of any community in which offices or facilities of the benefit limited liability company or the subsidiaries or suppliers of the benefit limited liability company are located; and

(v) The local and global environment; and

(2) May consider any other pertinent factors or the interests of any other group that the person determines are appropriate to consider.

(b) A person managing the business and affairs of a benefit limited liability company does not have any duty on account of the factors or interests set forth in this section to:

(1) A person that is a beneficiary of the public benefit purposes of the benefit limited liability company; or

(2) A member of the benefit limited liability company.
Md. Code, Housing and Community Development § 4-233 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-233
§4–233.
Status: in_force

(a) Each issuance of a local obligation under § 4-230 of this subtitle shall be secured by, at the discretion of the Administration, a pledge of the faith and credit of the issuer or a pledge of specific revenue of the issuer or the facility being financed as designated and described in the authorizing ordinance or resolution.

(b) If a local obligation is secured by a pledge of the faith and credit of the issuer to make prompt payment from the tax and other revenues described in the enabling resolution or ordinance:

(1) the pledge is a covenant to levy taxes sufficient to pay the principal of and interest on the local obligation when due:

(i) on all real and tangible personal property that is within the issuer’s corporate limits and subject to assessment for unlimited ad valorem taxation; and

(ii) in each year in which the local obligation is outstanding;

(2) if at the time of issuance of a local obligation there is a charter or statutory limit on the power of the issuer to levy property taxes, the pledge is a covenant to levy ad valorem taxes, within that limit, sufficient to pay the principal of and interest on the local obligation:

(i) on all real and tangible personal property that is within the issuer’s corporate limits and subject to assessment for ad valorem taxation; and

(ii) in each year in which the local obligation is outstanding;

(3) a local obligation may not be issued if the issuance would cause the issuer to exceed any limit set by the charter of the issuer or by statute on the power of the issuer to incur indebtedness; and

(4) notwithstanding item (3) of this subsection:

(i) a limit on the power to incur indebtedness imposed after the issuance of a local obligation does not affect that obligation; and

(ii) outstanding local obligations of an issuer are not affected by the issuance of a new local obligation if the new obligation is consistent with an increase in or the elimination of a limit on the power to incur indebtedness.

(c) (1) An issuer of a local obligation under § 4-230 of this subtitle may secure payment by the pledge of specific revenues of the issuer.

(2) If a local obligation issued under § 4-230 of this subtitle is secured by the pledge of specific revenue, the specific revenue may include:

(i) payments to the issuer from the State or federal government;

(ii) special benefit assessments, taxes, fees, or service charges that the issuer has authority to impose, levy, or charge; or

(iii) revenue expected to be generated by the facility to be financed.
Md. Code, Business Regulation § 4-312 — MD Code / Article gbr / Title 4 / Subtitle 3 / Section 4-312
§4–312.
Status: in_force

A party to a proceeding before the Commission who is aggrieved by a final decision of the Commission 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, Business Regulation § 4-307 — MD Code / Article gbr / Title 4 / Subtitle 3 / Section 4-307
§4–307.
Status: in_force

The Commission shall issue a license to each applicant who meets the requirements of this subtitle.
Md. Code, Environment § 4-312 — MD Code / Article gen / Title 4 / Subtitle 3 / Section 4-312
§4–312.
Status: in_force

(a) Any lien created in favor of a county or governmental unit pursuant to this subtitle is effective against the person against whose property the lien exists. However, the lien is not effective against any third party unless written notice of the lien is recorded and indexed in a permanent record maintained in the office of the clerk of the circuit court in each county in which the property subject to the lien or any part of it is located.

(b) The notice shall contain the name and address of the person against whose property the lien exists, the name and address of the county or governmental unit, the amount of the lien, a description or reference to the property subject to the lien, and the date the lien was created.

(c) On presentation of a release of any lien of the county or governmental unit, the clerk of the proper court in which the lien is recorded and indexed shall record and index the release and shall note in the lien docket the date the release is filed and the fact that the lien is released.

(d) The clerk of the proper court shall provide a suitable well-bound book, at the expense of the county or governmental unit, to be called the Watershed treatment plant lien docket, in which the notice of lien shall be recorded and indexed. The clerk may not collect more than $2 for recording and indexing each lien or release of any lien.
Md. Code, Agriculture § 4-117 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-117
§4–117.
Status: reserved

(a) For the purposes of this section, a person is responsibly connected with a business if he is a partner, officer, director, holder or owner of at least 10 percent of its voting stock, or an employee in a managerial or executive capacity in the business.

(b) After an applicant for or recipient of inspection services is accorded an opportunity for a hearing, the Secretary may refuse or withdraw inspection services for any period of time for any establishment, if he determines that:

(1) The applicant or recipient is unfit to engage in any business requiring inspection because:

(i) The applicant or recipient, or in case the applicant or recipient is a partnership, any general partner, or in case the applicant or recipient is a corporation, any officer, director, holder, or owner of more than 10 percent of the voting stock, is or has been responsibly connected with any business or person who has committed any offense under this subtitle or has been convicted in any federal, State, or local court of any felony or of any violation of law designed to protect the public from unwholesome, adulterated, or misbranded food or from fraud, in connection with transactions in food; or

(ii) The applicant or recipient, or any person, conducting a business with which the applicant or recipient was responsibly connected, had inspection services refused or withdrawn for a period which has not expired; or

(2) The application for inspection contains a materially false or misleading statement made by the applicant or recipient, or its representative on its behalf, or any fact required by the application form has been concealed or withheld.

(c) After notice to the operator of the establishment, the Secretary may refuse or withdraw inspection services for any establishment for any failure of the operator to (1) maintain the establishment premises and facilities in a sanitary condition, (2) destroy any condemned carcass, part of it, or meat food product as required, or (3) conduct operations at the establishment in accordance with the requirements of this subtitle. After the cause for refusal or withdrawal is corrected, refusal or withdrawal shall terminate and inspection service shall be provided as soon as possible. The Secretary may stay any order of refusal or withdrawal of services pending determination of an appeal to the board of review.
Md. Code, Alcoholic Beverages and Cannabis § 4-108 — MD Code / Article gab / Title 4 / Subtitle 1 / Section 4-108
§4–108.
Status: in_force

An applicant shall file a sworn application for a license with the applicable local licensing board on the form that the Executive Director requires.
Md. Code, Public Utilities § 4-309 — MD Code / Article gpu / Title 4 / Subtitle 3 / Section 4-309
§4–309.
Status: in_force

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

(2) “Eligible limited–income customer” means a residential customer of a utility company with annual income that:

(i) 1. is at or below 175% of the federal poverty level; or

2. for a customer at least 67 years of age, is at or below 200% of the federal poverty level; or

(ii) meets a broader designation approved by the Commission.

(3) “Limited–income mechanism” or “mechanism” means a process approved by the Commission under this section to benefit an eligible limited–income customer of a utility company.

(4) “Payment plan” means an agreement between an eligible limited–income customer and a utility company to pay an arrearage balance over a specific period of time to avoid disconnection of a utility service.

(5) (i) “Utility company” means an electric company, a gas and electric company, or a gas company.

(ii) “Utility company” does not include a small rural electric cooperative.

(b) The General Assembly finds and declares that the societal benefits of a well–constructed limited–income mechanism to benefit Maryland’s eligible limited–income customers are in the public interest.

(c) (1) Subject to the approval of the Commission, a utility company shall adopt a limited–income mechanism to benefit an eligible limited–income customer.

(2) Notwithstanding § 4–503(b) of this title, the mechanism may take the form of a program, tariff provision, credit, rate, rider, or other means to assist an eligible limited–income customer to afford a utility service.

(3) A municipal electric utility may adopt a limited–income mechanism subject to the approval of the Commission in the same manner as a utility company in accordance with this section.

(d) (1) A utility company that proposes a limited–income mechanism for Commission approval under subsection (c) of this section shall include the proposal in:

(i) a separate application for approval of the mechanism; or

(ii) only with the prior approval of the Commission, an application for a base rate proceeding, including an alternative rate proceeding, or any other proceeding to alter the utility company’s base rates under the authority of the Commission.

(2) A proposal submitted under this section shall allocate the prudently incurred costs of the limited–income mechanism across rate classes.

(3) The proposal shall include:

(i) a detailed description of the proposed mechanism;

(ii) the proposed method for allocating the mechanism’s costs across customer classes;

(iii) the rationale supporting the utility company’s proposal for a mechanism to benefit the eligible limited–income customers in the utility company’s service territory;

(iv) a time frame and process for the Commission to review the effectiveness of the mechanism after implementation; and

(v) any other information the Commission considers necessary or useful to evaluate the proposal.

(e) In evaluating a limited–income mechanism, the Commission shall consider:

(1) the degree to which the mechanism promotes affordability of electricity or natural gas for limited–income customers;

(2) the public interest in allocating the costs of the mechanism between the utility company’s shareholders and rate payers;

(3) the impact on rates, utility operating costs, customer arrearages, customer disconnections, uncollectible costs, and successful completion of payment plans;

(4) the ability of a limited–income customer to continue to receive benefits when relocating within the same service territory;

(5) coordination of benefits under the mechanism with any other public or private assistance that may be available to the customer;

(6) a minimum level of support or assistance structure to provide equitable availability of limited–income assistance across the State; and

(7) any other information the Commission considers appropriate.

(f) If an approved limited–income mechanism requires that the Office of Home Energy Programs must certify an eligible limited–income customer’s qualifications to participate in a limited–income mechanism, the Office shall certify an eligible limited–income customer’s qualifications before the customer may participate in the mechanism.

(g) An eligible limited–income customer who participates in a mechanism under this section may also be eligible for other assistance programs offered in the State, including those offered by a utility company or the Office of Home Energy Programs, the Department of Housing and Community Development, or any other public or private source.
Md. Code, State Personnel and Pensions § 4-401 — MD Code / Article gsp / Title 4 / Subtitle 4 / Section 4-401
§4–401.
Status: in_force

The Office of Administrative Hearings shall dispose of a case or conduct a hearing and issue a final decision in:

(1) a Whistleblower Law hearing under § 5–310 of this article;

(2) an appeal under Title 11 of this article of a disciplinary action;

(3) a grievance under § 12–205 of this article; and

(4) an appeal under § 18–123 of the Public Utilities Article for the removal of an employee of the Washington Suburban Sanitary Commission.
Md. Code, State Personnel and Pensions § 4-303 — MD Code / Article gsp / Title 4 / Subtitle 3 / Section 4-303
§4–303.
Status: in_force

(a) On the request of a unit of State government, the Secretary, consistent with available resources, shall offer assistance to the unit in personnel and employee relations matters.

(b) (1) On request to the Secretary, the Department, consistent with available resources, shall assist any county or municipal corporation of the State that adopts a merit system for its employees, so that merit systems may be administered throughout the State without unnecessary expense.

(2) The Department shall assist the county or municipal corporation making the request by:

(i) helping to test candidates for positions;

(ii) helping to prepare regulations; and

(iii) making available the full use of the facilities of the Department.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, the Department shall provide the assistance required by this subsection without charge.

(ii) A county or municipal corporation shall reimburse the Department for travel and other expenses that the Department incurs because of the use of departmental facilities by that county or municipal corporation.
Md. Code, Commercial Law § 4-207 — MD Code / Article gcl / Title 4 / Subtitle 2 / Section 4-207
§4–207.
Status: reserved

(a) A customer or collecting bank that transfers an item and receives a settlement or other consideration warrants to the transferee and to any subsequent collecting bank that:

(1) The warrantor is a person entitled to enforce the item;

(2) All signatures on the item are authentic and authorized;

(3) The item has not been altered;

(4) The item is not subject to a defense or claim in recoupment (§ 3-305(a)) of any party that can be asserted against the warrantor; and

(5) The warrantor has no knowledge of any insolvency proceeding commenced with respect to the maker or acceptor or, in the case of an unaccepted draft, the drawer.

(b) If an item is dishonored, a customer or collecting bank transferring the item and receiving settlement or other consideration is obliged to pay the amount due on the item (i) according to the terms of the item at the time it was transferred, or (ii) if the transfer was of an incomplete item, according to its terms when completed as stated in §§ 3-115 and 3-407. The obligation of a transferor is owed to the transferee and to any subsequent collecting bank that takes the item in good faith. A transferor cannot disclaim its obligation under this subsection by an indorsement stating that it is made “without recourse” or otherwise disclaiming liability.

(c) A person to whom the warranties under subsection (a) are made and who took the item in good faith may recover from the warrantor as damages for breach of warranty an amount equal to the loss suffered as a result of the breach, but not more than the amount of the item plus expenses and loss of interest incurred as a result of the breach.

(d) The warranties stated in subsection (a) cannot be disclaimed with respect to checks. Unless notice of a claim for breach of warranty is given to the warrantor within 30 days after the claimant has reason to know of the breach and the identity of the warrantor, the warrantor is discharged to the extent of any loss caused by the delay in giving notice of the claim.

(e) A cause of action for breach of warranty under this section accrues when the claimant has reason to know of the breach.
Md. Code, General Provisions § 4-331 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-331
§4–331.
Status: in_force

Subject to § 21–504 of the State Personnel and Pensions Article, a custodian shall deny inspection of the part of a public record that contains the home address, personal telephone number, or personal e–mail address of an employee of a unit or an instrumentality of the State or of a political subdivision unless:

(1) the employee gives permission for the inspection; or

(2) the unit or instrumentality that employs the individual determines that inspection is needed to protect the public interest.
Md. Code, Criminal Law § 4-304 — MD Code / Article gcr / Title 4 / Subtitle 3 / Section 4-304
§4–304.
Status: reserved

A law enforcement unit may seize as contraband and dispose of according to regulation an assault weapon transported, sold, transferred, purchased, received, or possessed in violation of this subtitle.
Md. Code, General Provisions § 4-311 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-311
§4–311.
Status: in_force

(a) Subject to subsection (b) of this section, a custodian shall deny inspection of a personnel record of an individual, including an application, a performance rating, or scholastic achievement information.

(b) A custodian shall allow inspection by:

(1) the person in interest;

(2) an elected or appointed official who supervises the work of the individual; or

(3) an employee organization described in Title 6 of the Education Article of the portion of the personnel record that contains the individual’s:

(i) home address;

(ii) home telephone number; and

(iii) personal cell phone number.

(c) (1) Except as provided in paragraph (2) of this subsection, the following records are not personnel records for the purposes of this section:

(i) a record relating to an administrative or criminal investigation of misconduct by a police officer, including an internal affairs investigatory record;

(ii) a hearing record;

(iii) a record of positive community feedback that was not solicited by the police officer who is the subject of the feedback; and

(iv) records relating to a disciplinary decision.

(2) A record of a technical infraction is a personnel record for the purposes of this section.
Md. Code, Estates and Trusts § 4-602 — MD Code / Article get / Title 4 / Subtitle 6 / Section 4-602
§4–602.
Status: in_force

(a) A will is valid as regards form, irrespective particularly of the place where the will has been made, the location of the assets, and the nationality, domicile, or residence of the testator, if the will is made in the form of an international will complying with the requirements of this subtitle.

(b) The invalidity of a will as an international will does not affect its formal validity as a will of another kind.

(c) This subtitle does not apply to any form of testamentary disposition made by two or more persons in one instrument.
Md. Code, Housing and Community Development § 4-236 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-236
§4–236.
Status: in_force

In carrying out this section and §§ 4-237 through 4-241 of this subtitle, the Administration may not make a loan to a mortgage lender or purchase a mortgage loan from a mortgage lender unless the mortgage lender is:

(1) a bank, trust company, savings institution, savings and loan association, national bank association, mortgage banker, or other financial institution that:

(i) has an office in the State; and

(ii) makes or originates residential mortgage loans;

(2) an insurance company authorized to do business in the State; or

(3) the Maryland Home Financing Program.
Md. Code, Business Regulation § 4-410 — MD Code / Article gbr / Title 4 / Subtitle 4 / Section 4-410
§4–410.
Status: in_force

(a) Within 72 hours after entering into an agency contract or before the next scheduled athletic event in which the student-athlete may participate, whichever occurs first, the athlete agent shall give notice in a record of the existence of the contract to the athletic director of the educational institution at which the student-athlete is enrolled or the athlete agent has reasonable grounds to believe the student-athlete intends to enroll.

(b) Within 72 hours after entering into an agency contract or before the next athletic event in which the student-athlete may participate, whichever occurs first, the student-athlete shall inform the athletic director of the educational institution at which the student-athlete is enrolled or in which the student-athlete intends to enroll that the student-athlete has entered into an agency contract.
Md. Code, Housing and Community Development § 4-1302 — MD Code / Article ghs / Title 4 / Subtitle 13 / Section 4-1302
§4–1302.
Status: in_force

There is a Radium Grant Program.
Md. Code, State Personnel and Pensions § 4-304 — MD Code / Article gsp / Title 4 / Subtitle 3 / Section 4-304
§4–304.
Status: in_force

(a) On request of the Secretary, all employees and officers of the State shall assist the Department in all proper ways in carrying out this Division I and the regulations, guidelines, and policies adopted under it. This assistance shall be provided as a public duty and without extra compensation.

(b) On request of the Secretary, all employees and officers of the State or of a county or municipal corporation of the State shall:

(1) allow the Department reasonable use of public buildings for tests or investigations under this Division I;

(2) provide heat and light for the public buildings used by the Department under this subsection; and

(3) in all other proper ways, facilitate the work of the Department.
Md. Code, Public Safety § 4-901 — MD Code / Article gps / Title 4 / Subtitle 9 / Section 4-901
§4–901.
Status: in_force

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

(b) “Council” means the Maryland Violence Intervention and Prevention Advisory Council established under § 4–903 of this subtitle.

(c) “Evidence–based health program” means a program or an initiative that:

(1) is developed and evaluated through scientific research and data collection;

(2) uses public health principles that demonstrate measurable positive outcomes in preventing gun violence; and

(3) is implemented by a nonprofit organization or public agency.

(d) “Evidence–informed health program” means a program, an approach, or an initiative that is:

(1) based on public health principles;

(2) capable of being studied and evaluated through research and data collection;

(3) for the purpose of reducing gun violence;

(4) directed to influence factors determined to affect gun violence; and

(5) implemented by a nonprofit organization or public agency.

(e) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

(f) “Fund” means the Maryland Violence Intervention and Prevention Program Fund.

(g) “Hospital–based violence intervention program” means a violence intervention program that:

(1) is operated by:

(i) a hospital; or

(ii) an individual or entity in collaboration with a hospital; and

(2) provides intensive counseling, case management, and social services to individuals who are recovering from injuries resulting from violence.

(h) “Local government” means a county or municipality.
Md. Code, Labor and Employment § 4-311 — MD Code / Article gle / Title 4 / Subtitle 3 / Section 4-311
§4–311.
Status: in_force

The General Assembly finds that a procedure that allows a plaintiff to obtain sweeping injunctive relief without giving to each defendant notice of and a hearing based wholly or partly on examination and cross-examination of witnesses in open court, rather than on affidavits alone, is peculiarly subject to abuse in later litigation because:

(1) injunctive relief necessarily alters, rather than maintains, the status quo;

(2) determination of issues of veracity and of probability of fact from affidavits of the opposing parties that are contradictory and, under the circumstances, untrustworthy rather than from oral examination in open court is subject to grave error;

(3) erroneous issuance of injunctive relief usually is irreparable to the defendant; and

(4) delay incident to appeals frequently makes ultimate correction of error unavailing in a particular case.
Md. Code, Criminal Law § 4-503 — MD Code / Article gcr / Title 4 / Subtitle 5 / Section 4-503
§4–503.
Status: in_force

(a) A person may not knowingly:

(1) manufacture, transport, possess, control, store, sell, distribute, or use a destructive device; or

(2) possess explosive material, incendiary material, or toxic material with intent to create a destructive device.

(b) (1) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 25 years or a fine not exceeding $250,000 or both.

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

(3) In addition to any other penalty authorized by law, if the person convicted or found to have committed a delinquent act under this section is a minor, the court may order the Motor Vehicle Administration to initiate an action, under the motor vehicle laws, to suspend the driving privilege of the minor for a specified period not to exceed:

(i) for a first violation, 6 months; and

(ii) for each subsequent violation, 1 year or until the person is 21 years old, whichever is longer.

(c) (1) In addition to any penalty provided in subsection (b) of this section, a person convicted or found to have committed a delinquent act under this section may be ordered by the court to pay restitution to:

(i) the State, county, municipal corporation, bicounty agency, multicounty agency, county board of education, public authority, or special taxing district for actual costs reasonably incurred due to a violation of this section, including the search for, removal of, and damages caused by a destructive device; and

(ii) the owner or tenant of a property for the actual value of any goods, services, or income lost as a result of the evacuation of the property or damage sustained due to a violation of this section.

(2) (i) If a person convicted or found to have committed a delinquent act under this section is a minor, the court may order the minor, the minor’s parent, or both to pay the restitution described in paragraph (1) of this subsection.

(ii) Except as otherwise provided in this section, the provisions of Title 11, Subtitle 6 of the Criminal Procedure Article apply to an order of restitution under this paragraph.

(3) This subsection does not limit the right of a person to restitution under Title 11, Subtitle 6 of the Criminal Procedure Article.
Md. Code, Education § 4-104 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-104
§4–104.
Status: in_force

(a) (1) Except as provided in subsection (c) of this section, each county board may:

(i) Retain counsel to represent it in legal matters that affect the board; and

(ii) Contract for the payment of a reasonable fee to the counsel.

(2) Funds for these fees shall be included in the annual budget.

(b) (1) Except as provided in subsection (c) of this section, each county board may pay all or part of the counsel fees for the defense of a county board member who is involved in litigation because of his service and in his official capacity on that board.

(2) Payments made under paragraph (1) of this subsection are a valid educational expense.

(c) (1) This subsection applies only in Prince George’s County.

(2) The county board shall retain counsel to defend a county board member who is involved in litigation because of the member’s service and in the member’s official capacity on the county board.

(3) The county board shall pay all counsel fees and reasonable and related expenses incurred for defending a member in litigation involving the member’s service in the member’s official capacity on the county board if it is determined during the course of litigation that the member was acting within the scope of the member’s authority and without malice and gross negligence.

(d) (1) In any suit or claim brought against a principal, teacher, school security guard, or other agent or employee of a county board by a parent or other claimant with respect to an action taken by the agent or employee, the board shall provide for counsel for that individual if:

(i) The action was taken in the performance of his duties, within the scope of his employment, and without malice; and

(ii) The board determines that he was acting within his authorized official capacity in the incident.

(2) The counsel required by this section may be provided through the office of the county attorney or city solicitor.

(3) This subsection does not require a county board to provide or reimburse the cost of counsel to a plaintiff or claimant in a suit or claim against a county board or its members, agents, or employees.
Md. Code, Labor and Employment § 4-216 — MD Code / Article gle / Title 4 / Subtitle 2 / Section 4-216
§4–216.
Status: in_force

(a) Whenever the Mediation Service receives a timely exception to a report on a challenged ballot or an objection, the Mediation Service shall determine whether the exception raises a substantial and material issue with respect to the conduct or result of the consent election.

(b) (1) If the Mediation Service determines that an exception raises a substantial and material issue, the Mediation Service may hold a hearing on the exception.

(2) The Mediation Service shall serve notice of the hearing on each party.
Md. Code, Financial Institutions § 4-701.1 — MD Code / Article gfi / Title 4 / Subtitle 7 / Section 4-701.1
§4–701.
Status: in_force

§4–701.1.

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

(2) “Converting institution” means a federal mutual savings bank.

(3) “Federal mutual savings bank” means an institution that:

(i) Is incorporated under federal law as a savings bank; and

(ii) Is a mutual association.

(b) A converting institution that is located in this State may convert into a savings bank as provided by federal law and this section.

(c) (1) The converting institution shall meet the requirements of this title for the incorporation of a savings bank.

(2) The procedures for incorporation may be modified as required by the difference between incorporation and conversion.

(3) In accordance with regulations adopted by the Commissioner, any interested person may request that the Commissioner conduct a hearing regarding the conversion.

(d) (1) The board of directors of the converting institution shall sign, acknowledge, and file articles of incorporation.

(2) The articles of incorporation shall state that the conversion has been approved by the members or board of directors in the manner required by subsection (e) of this section.

(e) The conversion shall be approved at a meeting called for that purpose, by the affirmative vote of:

(1) Two–thirds of the members of the converting institution, voting in person or by proxy; or

(2) If there are no members, the board of directors of the converting institution.

(f) The new savings bank resulting from the conversion:

(1) Shall be considered the same business and corporate entity as the converting institution; and

(2) Except as limited by this article or by its charter or bylaws, has all of the rights, powers, and duties of the converting institution.

(g) The converting institution’s rights, franchises, and interests in any property become the property of the new savings bank, subject to the liabilities of the converting institution that exist at the time of the conversion.

(h) Unless this construction would be unreasonable, any reference to the converting institution in any writing, whether executed or taking effect before or after the conversion, shall be interpreted as a reference to the new savings bank.

(i) If a converting institution has assets or engages in business activities that do not conform to the law governing savings banks, the Commissioner may allow a reasonable time for the new savings bank to conform to that law.
Md. Code, Criminal Law § 4-403 — MD Code / Article gcr / Title 4 / Subtitle 4 / Section 4-403
§4–403.
Status: in_force

(a) (1) A manufacturer of a machine gun shall keep a register of each machine gun manufactured or handled by the manufacturer.

(2) The register shall contain:

(i) the method of manufacture and serial number of the machine gun;

(ii) the date of manufacture, sale, loan, gift, delivery, and receipt of the machine gun from the manufacturer; and

(iii) the name, address, and occupation of the person to whom the machine gun was sold, loaned, given or delivered, or from whom the machine gun was received, and the purpose for which the machine gun was acquired.

(3) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

(b) (1) On demand, a manufacturer of a machine gun shall allow a marshal, sheriff, or police officer to inspect the manufacturer’s entire stock of machine guns, parts, and supplies and the register required under subsection (a) of this section.

(2) A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $100.

(c) (1) A person who acquires a machine gun shall register the machine gun with the Secretary of State Police:

(i) within 24 hours after acquiring the machine gun; and

(ii) in each succeeding year during the month of May.

(2) The Secretary of State Police shall prepare and, on request of an applicant, furnish an application form for registration under this subsection.

(3) An application for registration shall contain:

(i) the make, model, serial number, caliber, type, barrel length, finish, and country of origin of the machine gun;

(ii) the name, address, race, gender, date of birth, Maryland driver’s license number, and occupation of the person in possession of the machine gun; and

(iii) the name of the person from whom the machine gun was acquired and the purpose for acquiring the machine gun.

(4) Each application for registration filed with the Secretary of State Police shall be accompanied by a nonrefundable registration fee of $10.

(5) Registration data provided under this section is not open to public inspection.
Md. Code, Education § 4-301 — MD Code / Article ged / Title 4 / Subtitle 3 / Section 4-301
§4–301.
Status: in_force

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

(b) “Board” means the Baltimore City Board of School Commissioners of the Baltimore City Public School System.

(c) “Bonds” means revenue bonds, refunding bonds, certificates, notes, demand notes, commercial paper, other evidence of indebtedness, and, where applicable, bond anticipation notes.

(d) “Chief Executive Officer” means the Chief Executive Officer of the Baltimore City Board of School Commissioners.

(e) “Costs” as applied to any project means all costs of the project, including:

(1) The cost of acquisition, construction, reconstruction, equipping, maintenance, repair, and renovation;

(2) The cost of acquisition of all land, rights–of–way, property rights, easements, and interests acquired by the board;

(3) Finance charges and interest prior to and during construction and for 1 year after completion of construction;

(4) The cost of architectural, engineering, and legal expenses, plans, specifications, feasibility studies, surveys, estimates of costs and revenue, and other expenses necessary or desirable for determining the feasibility or practicability of construction of any project;

(5) Reserves for the payment of debt service, operating reserves, and repair and replacement funds; and

(6) Administrative expenses and other expenses necessary or allocable to any project, the financing or refinancing of any project, the issuance of bonds, and the placing of any project in operation.

(f) “Project” means the acquisition, construction, reconstruction, equipping, maintenance, repair, or renovation of any public school facility.

(g) “Public school facility” means a building, parking facility, athletic facility, testing facility, or other facility in the City of Baltimore, now existing or hereafter acquired or constructed, that is used by the board in relation to the education of students in the Baltimore City Public School System.
Md. Code, Housing and Community Development § 4-1403 — MD Code / Article ghs / Title 4 / Subtitle 14 / Section 4-1403
§4–1403.
Status: in_force

(a) The Department shall administer the Rental Allowance Program to assist low–income households that are homeless or at risk of being homeless by providing housing assistance payments to or on behalf of eligible households.

(b) The Secretary shall establish:

(1) income limits for eligibility of low–income households not exceeding 30% of the State or area median income, whichever is higher; and

(2) minimum standards for eligible dwelling units.

(c) The Secretary shall establish the amount of payments made through the Rental Allowance Program, taking into account factors identified in § 4–1405(d) of this subtitle.

(d) Eligible uses of payments may include rent, security deposits, utilities, and other housing–related expenses.

(e) The Department may administer the Rental Allowance Program by providing monthly housing assistance payments to or on behalf of eligible households directly or through political subdivisions, their local housing agencies or departments, or nonprofit organizations.

(f) Funds appropriated to serve low–income households through the Rental Allowance Program may not be used for other programs authorized under this subtitle.

(g) The Department may adopt regulations to carry out the Rental Allowance Program, including time frames for assistance and other criteria the Secretary considers appropriate.
Md. Code, Alcoholic Beverages and Cannabis § 4-1205 — MD Code / Article gab / Title 4 / Subtitle 12 / Section 4-1205
§4–1205.
Status: in_force

(a) The fee for a Class C per diem beer license and a Class C per diem beer and wine license is $5 per day.

(b) The fee for a Class C per diem beer, wine, and liquor license is $15 per day.
Md. Code, State Finance and Procurement § 4-308 — MD Code / Article gsf / Title 4 / Subtitle 3 / Section 4-308
§4–308.
Status: in_force

(a) The Department may establish a program that leverages State purchasing power to offer favorable rates to units of local government to procure information technology or cybersecurity services from contractors.

(b) A unit of local government may not be required to participate in a program established under subsection (a) of this section.
Md. Code, Natural Resources § 4-734 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-734
§4–734.
Status: in_force

(a) A person may not sell, offer to buy or sell, or possess any of the following fish:

(1) Bass, largemouth or smallmouth less than 15 inches from March 1 through June 15, and less than 12 inches from June 16 through the end of February;

(2) Pike less than 14 inches; and

(3) Taylor less than 8 inches.

(b) Measurement for each fish mentioned above shall be from the tip of the nose to the end of the tail.

(c) The Department may set the size limits for white perch. However, the Department may not prohibit catching white perch more than 8 inches.
Md. Code, Land Use § 4-203 — MD Code / Article glu / Title 4 / Subtitle 2 / Section 4-203
§4–203.
Status: in_force

(a) A legislative body shall provide for the manner in which its zoning regulations and the boundaries of districts and zones shall be established, enforced, and amended.

(b) (1) A legislative body shall hold at least one public hearing on a proposed zoning regulation or boundary at which parties in interest and citizens have an opportunity to be heard.

(2) (i) The legislative body shall publish notice of the time and place of the public hearing, together with a summary of the proposed zoning regulation or boundary, in at least one newspaper of general circulation in the local jurisdiction once each week for 2 successive weeks.

(ii) The legislative body shall publish the first notice of the hearing at least 14 days before the hearing.

(3) The zoning regulation or boundary may not become effective until 10 days after the hearing or hearings.
Md. Code, Agriculture § 4-123 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-123
§4–123.
Status: in_force

No person may commit or cause the commission of any of the following acts:

(1) Slaughtering livestock or preparing any livestock carcass, part of it, or meat food product in any establishment operating solely for intrastate commerce, without obtaining a license;

(2) Selling, donating, transporting, or offering or receiving for sale or transportation in intrastate commerce:

(i) Any livestock carcass, part of it, or meat food product, unless the article has been inspected to assure it is not adulterated or misbranded pursuant to the provisions of this subtitle or the Federal Meat Inspection Act; or

(ii) Any article capable of use as human food which is adulterated or misbranded at the time of sale, donation, transportation or offer or receipt for sale or transportation;

(3) Doing any act that is intended to cause any livestock carcass, part of it, or meat food product capable of use as human food to be adulterated or misbranded while the article is transported in intrastate commerce or is held for sale or donation after transportation;

(4) Selling, donating, transporting, or offering or receiving for sale or transportation in intrastate commerce any equine carcass, part of it, or meat or meat food products of any equine, unless it is plainly and conspicuously marked or labeled, or otherwise identified, as required by departmental rules and regulations, to show the kind of animals from which the article is derived;

(5) Buying, selling, transporting, or offering or receiving for sale or transportation in intrastate commerce any livestock carcass, part of it, meat or meat food product not intended for use as human food unless it is denatured, naturally inedible by humans, or otherwise identified to deter its use as human food as required by regulation;

(6) Labeling or selling hamburger, chopped or ground beef as “all beef” or “all meat” if the product contains more than 30 percent of fat, but the product may contain seasoning not in excess of condimental qualities;

(7) Labeling or selling any hamburger, chopped or ground beef mixed with poultry, pork, or other meat products, unless the content of all meats mixed with the beef prominently appears on the labeling of the package before the content of the beef is stated;

(8) Casting, printing, lithographing, or otherwise making any device containing any official mark, or simulation, or any label bearing an official mark or simulation, or any form of official certificate, or simulation, except as authorized by the Secretary;

(9) Forging any official device, mark, or certificate;

(10) Using any official device, mark, or certificate, or simulation of any of them, or altering, detaching, defacing, or destroying any official device, mark, or certificate without the Secretary’s authorization; failing to use, detach, deface, or destroy, any official device, mark, or certificate in violation of the departmental rules and regulations;

(11) Knowingly possessing, without promptly notifying the Secretary:

(i) Any official device;

(ii) Any counterfeit, simulated, forged, or improperly altered official certificate; or

(iii) Any device, label, or any animal carcass, part or product of it, bearing any counterfeit, simulated, forged, or improperly altered official mark;

(12) Knowingly making any false statement in any shipper’s certificate or other nonofficial or official certificate provided by the departmental regulations;

(13) Knowingly and falsely representing that any article has been inspected and passed or exempted under this subtitle;

(14) Neglecting or refusing to attend and testify or to answer any lawful inquiry, or to produce documentary evidence, if a person has the power to do so, in obedience to a Department subpoena;

(15) Willfully making any false entry or statement of fact in any report required by this subtitle or willfully making any false entry in any record kept by any person subject to this subtitle;

(16) Failing to file any report, required by the Secretary, within the required time or failing to keep any record required by § 4-120 of this subtitle;

(17) Refusing to permit the Secretary access at any reasonable time, to the premises, facilities, inventory, or records of any establishment at which livestock are slaughtered, or the carcasses, parts of them, or meat food products are prepared, or refusing to permit the Secretary to copy any records required by § 4-120 of this subtitle;

(18) Assaulting, resisting, opposing, impeding, intimidating, or interfering with any person while engaged in, or on account of, the performance of his official duties under this subtitle;

(19) Giving or paying anything of value to any person employed to perform any official duties under this subtitle; or

(20) Receiving by any person, employed to perform any official duties under this subtitle, anything of value, given or paid by any person, to influence his official actions.
Md. Code, Housing and Community Development § 4-244 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-244
§4–244.
Status: in_force

(a) The Administration may provide financial assistance, meet any development cost, or carry out any other of its purposes by spending:

(1) money appropriated by the General Assembly;

(2) the proceeds of a State loan to the extent provided by the General Assembly or a governmental unit authorized to issue bonds;

(3) the proceeds of the bonds, notes, or other evidences of indebtedness that the Administration issues, payable solely from revenues of the Administration as provided in this part; or

(4) any other money available to the Administration for community development under this subtitle:

(i) from its own operations;

(ii) from investment of the proceeds of its bonds, notes, or other indebtedness; or

(iii) from any other public or private source.

(b) (1) Except as otherwise provided in a determination made under this section, the Administration shall deposit with the State Treasurer any money that it does not need to meet current expenses and obligations.

(2) The State Treasurer shall:

(i) credit the money to the Administration;

(ii) invest the money as provided by statute; and

(iii) credit earnings from the money to the Administration.
Md. Code, Business Occupations and Professions § 4-204 — MD Code / Article gbo / Title 4 / Subtitle 2 / Section 4-204
§4–204.
Status: in_force

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

(b) The Board shall determine the times and places of its meetings.

(c) Subject to the State budget, each member of the Board is entitled to:

(1) a reasonable fee set by the Board for each day on which the member is engaged in the duties of office; and

(2) reimbursement for expenses under the Standard State Travel Regulations.

(d) The Board may employ a staff in accordance with the State budget.
Md. Code, Natural Resources § 4-745 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-745
§4–745.
Status: in_force

(a) (1) Except as provided in subsections (c) and (d) of this section and § 4–217 of this title, a person may not fish for finfish in the Chesapeake Bay or in its tributaries up to tidal boundaries or in State waters of the Atlantic Ocean and the Atlantic coastal bays and their tributaries without first obtaining a Chesapeake Bay and coastal sport fishing license or registration issued under subsection (d)(3) of this section and possessing the license or registration.

(2) The license may be obtained from the Department or from any authorized agent of the Department.

(3) Subject to paragraph (4) of this subsection, the following annual license fees shall apply:

(i) Resident………………………………………………………$15

(ii) Short–term resident license valid for 7 consecutive days from date of issue...........................................................................................................$6

(iii) For a short–term nonresident license valid for 7 consecutive days from date of issue.............................................................................$12

(iv) Nonresident………………………………………………$22.50

(v) Resident and nonresident blind persons………………No fee

(vi) Complimentary license under subsection (e) of this section......................................................................................................................No fee

(4) The Department shall implement a program to provide discounted Chesapeake Bay and coastal sport fishing licenses to Maryland residents who are recipients of the Purple Heart Award.

(5) Except as provided in subsection (d)(1) of this section, every Chesapeake Bay and coastal sport fishing license and registration shall be valid for 1 year following the date of issuance.

(6) An applicant for a license issued under this section:

(i) Shall provide all the information requested by the Department; and

(ii) May not willfully make a false statement or representation to the Department on the application.

(b) (1) The Department may designate a person engaged in a commercial enterprise to sell the Chesapeake Bay and coastal sport fishing license or issue a registration under subsection (d) of this section as an agent under the Department’s control and supervision.

(2) (i) As compensation, the agent shall retain $1 for each license issued.

(ii) There is no agent compensation for each registration issued.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, all fees collected on behalf of the Department pursuant to this section shall be remitted to the Department in accordance with its rules and regulations for deposit with the State Treasurer to the credit of the Fisheries Research and Development Fund to be used for the replenishment, protection, and conservation of fish stocks caught by recreational fishermen, for enhancement of recreational fishing opportunities, and for research concerning tidal fishery resources. The Department shall publicly report annually the amounts collected and the expenditures.

(ii) In fiscal year 1999 and in each subsequent fiscal year, the Department, for the purposes set forth in subparagraph (iii) of this paragraph, shall use:

1. $2 from the sale of each license under subsection (a) of this section;

2. $20 from the sale of each license under subsection (d)(2) of this section; and

3. $225 of the special charter boat license under subsection (d)(1) of this section.

(iii) The Department shall use the money specified in subparagraph (ii) of this paragraph for:

1. Achieving the maximum federal fund apportionments;

2. Management assessment and sport fishing surveys; and

3. Angler outreach and public fishing information.

(4) In the preparation of plans for the expenditure of license receipts, the Secretary annually shall solicit the advice and opinions of the Department’s Sport Fisheries Advisory Commission, representative fishing and boating associations, and other interested parties.

(5) In addition to any other penalty provided for in this title, an agent convicted of violating this section shall lose the agent’s privileges.

(c) A person may fish for finfish in the Chesapeake Bay or its tidal tributaries or in State waters of the Atlantic Ocean and coastal bays and their tributaries without a Chesapeake Bay and coastal sport fishing license if the person:

(1) Is under the age of 16;

(2) Possesses a valid commercial license;

(3) Holds a valid tidal water sport fishing license issued by the Commonwealth of Virginia, Potomac River Fisheries Commission, or District of Columbia, provided that this exemption shall not take effect until the Secretary has published notice in the Maryland Register of the Secretary’s determination that the Virginia, Potomac River Fisheries Commission, or District of Columbia requirements for a tidal water sport fishing license are substantially similar to and reciprocal with the Chesapeake Bay and coastal sport fishing license requirements of this section;

(4) Is fishing pursuant to any special charter boat license issued under subsection (d)(1) of this section;

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

(6) Fishes on a free fishing day designated by the Secretary;

(7) Holds a current resident consolidated senior sport fishing license issued under § 4–216 of this title;

(8) Holds a current registration issued under subsection (d)(3) of this section; or

(9) Is fishing on a commercial fishing pier licensed under subsection (d)(4) of this section.

(d) (1) The Department may provide by regulation for issuance of a special charter boat license that shall be effective for not more than 1 year and shall expire on August 31 and that would be valid for all individuals on a single vessel operated by a fishing guide licensed under § 4–210.1 of this title or § 4–701 of this subtitle or for all individuals on a vessel under the guidance of a fishing guide licensed under § 4–210 of this title in tidal waters of the State. The fee shall be:

(i) For 6 fishermen or less $240.

(ii) For 7 or more fishermen $290.

(2) (i) The Department may provide by regulation for issuance of an annual special Chesapeake Bay and coastal sport fishing license, which when permanently affixed to a boat registered in any state shall authorize any person on the boat to fish for finfish in the Chesapeake Bay or in its tributaries up to tidal boundaries or in State waters of the Atlantic Ocean and the Atlantic coastal bays and their tributaries, except that such a license may not be used on a boat that has been hired to take such persons fishing.

(ii) The annual fee for this special license shall be:

1. For a resident applicant………..............………… $50.

2. For a nonresident applicant………….................$100.

(iii) If a boat owner purchases the special license under this paragraph, the boat owner may fish anywhere in the Chesapeake Bay and its tributaries or the State waters of the Atlantic Ocean and the Atlantic coastal bays and their tributaries, whether the boat owner is fishing in the owner’s boat, in another person’s boat, on land, or elsewhere. The Department shall issue a complimentary Chesapeake Bay and coastal sport fishing license to the boat owner who purchases a special license under this paragraph. If a boat to which the special license is affixed has more than one owner, then only the individual applicant who signs the application for the special license shall be entitled to a complimentary Chesapeake Bay and coastal sport fishing license under this paragraph.

(3) (i) An individual shall register with the Department before fishing in any of the following areas that do not require a Chesapeake Bay and coastal sport fishing license:

1. A free fishing area established under § 4–214(b)(1) of this title with hook and line;

2. On private real property bordering on tidal water as an owner or tenant of the property, or a spouse or an immediate family member who resides on the property with the owner or tenant; and

3. On a boat licensed under paragraph (2) of this subsection.

(ii) There is no fee for registration under this paragraph.

(iii) An individual required to register under this paragraph shall provide all the information requested by the Department.

(4) (i) 1. The Department may provide by regulation for the issuance of a special commercial fishing pier license that is valid for all individuals fishing from the pier in tidal waters of the State.

2. The annual fee for the special commercial fishing pier license shall be $290.

(ii) Individuals fishing from a licensed commercial fishing pier are exempt from purchasing a Chesapeake Bay and coastal sport fishing license.

(iii) 1. The owner or operator of a licensed commercial fishing pier shall maintain a log of the contact information of the persons fishing from that structure each day.

2. The logs required under subsubparagraph 1 of this subparagraph must be submitted electronically as prescribed or approved by the Department.

(e) (1) In this subsection, “former prisoner of war” means a person who, while an active service member, was forcibly detained or interned in the line of duty by an enemy government or its agents, or a hostile force, during a period of armed conflict.

(2) The Department may issue a lifetime complimentary Chesapeake Bay and coastal sport fishing license to any Maryland resident who certifies that the resident is:

(i) A former prisoner of war;

(ii) An American veteran who the U.S. Department of Veterans Affairs determines is unemployable; or

(iii) A 100% service connected disabled American veteran.

(3) The Department may issue a lifetime complimentary Chesapeake Bay and coastal sport fishing license to an out–of–state person:

(i) Who certifies that the person is:

1. A former prisoner of war;

2. An American veteran who the U.S. Department of Veterans Affairs determines is unemployable; or

3. A 100% service connected disabled American veteran; and

(ii) Whose state of residence extends similar privileges to former prisoners of war, American veterans who the U.S. Department of Veterans Affairs determines are unemployable, or 100% service connected disabled American veterans of this State.

(4) A complimentary Chesapeake Bay and coastal sport fishing license is not transferable.

(5) The Department may issue annually a complimentary Chesapeake Bay and coastal sport fishing license to the President of the United States, the governor of any state, and any official of the game and fish department of any other state.

(6) Not more than 20 complimentary Chesapeake Bay and coastal sport fishing licenses for each state other than Maryland shall be outstanding at any time.

(f) Every person licensed under this section shall submit any report the Department requires in accordance with Department regulations.
Md. Code, Natural Resources § 4-2A-06 — MD Code / Article gnr / Title 4 / Subtitle 2A / Section 4-2A-06
§4–2A–06.
Status: in_force

(a) The Secretary shall establish programs, including acquisition of land or aquatic habitat or interests therein, necessary for the conservation of threatened or endangered species of fish. The Secretary shall use all vested authority to carry out the provisions of this subsection.

(b) In carrying out programs authorized by this section, the Secretary shall consult with other states having a common interest in particular species of endangered or threatened species of fish and may enter into agreements with federal agencies, other states, political subdivisions of this State, or with individuals with respect to programs designed to conserve endangered or threatened species of fish including agreements for administration and management of any that are established under this section or utilized for conservation of endangered or threatened species of fish.

(c) The Governor shall review other programs administered by him and utilize these programs in furtherance of the purposes of this subtitle. All State departments and agencies, in consultation with and with the assistance of the Secretary, shall utilize their authorities in furtherance of the purposes of this subtitle by carrying out programs for the conservation of endangered species and threatened species listed pursuant to § 4–2A–04(f) of this subtitle and by taking any action necessary to insure that actions authorized, funded, or carried out by them do not jeopardize the continued existence of the endangered species or threatened species or result in the destruction or modification of habitat of the species which is deemed by the Secretary to be critical.

(d) The Secretary shall adopt rules and regulations necessary to implement this section.
Md. Code, State Finance and Procurement § 4-101 — MD Code / Article gsf / Title 4 / Subtitle 1 / Section 4-101
§4–101.
Status: in_force

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

(b) “Department” means the Department of General Services.

(c) “Secretary” means the Secretary of General Services.
Md. Code, Housing and Community Development § 4-1401 — MD Code / Article ghs / Title 4 / Subtitle 14 / Section 4-1401
§4–1401.
Status: in_force

In this subtitle, “programs” means rental assistance programs other than the Rental Allowance Program established under § 4–1403 of this subtitle and the Statewide Rental Assistance Voucher Program established under Subtitle 29 of this title.
Md. Code, Public Utilities § 4-402 — MD Code / Article gpu / Title 4 / Subtitle 4 / Section 4-402
§4–402.
Status: in_force

(a) (1) This section applies to:

(i) electric fuel rate adjustment clauses;

(ii) purchased power adjustment clauses; and

(iii) purchased gas adjustment clauses.

(2) This section does not apply to a small rural electric cooperative.

(b) A gas company or electric company that directly passes on to its customers changes in fuel costs, costs of purchased power, or costs of purchased gas shall verify and justify the adjusted costs to the Commission each month.

(c) The Commission shall order a company to charge off and amortize, by means of a temporary decrease of rates, any charge the Commission finds is unjustified because:

(1) the company failed to show that the charges were based solely on increased costs of fuel, purchased power, or purchased gas;

(2) the company failed to follow competitive practices in procuring and purchasing fuel, power, or gas; or

(3) the company failed to show that its practices in procuring and purchasing fuel were reasonable.

(d) At least once every 12 months, the Commission shall conduct a public evidentiary hearing on any changes in costs that a company directly passes on to its customers under this section.
Md. Code, Housing and Community Development § 4-706 — MD Code / Article ghs / Title 4 / Subtitle 7 / Section 4-706
§4–706.
Status: in_force

The Department shall adopt regulations to carry out the Grant Program and the Loan Program.
Md. Code, Natural Resources § 4-1004.1 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1004.1
§4–1004.
Status: in_force

§4–1004.1.

(a) In this section, “former prisoner of war” means an individual who, while serving in the active military, naval, or air service of the United States, was forcibly detained or interned in the line of duty by an enemy government or its agents, or a hostile force, during a period of armed conflict.

(b) There is a recreational oyster license.

(c) Except as provided in subsection (f) of this section, a person at least 16 years old shall secure a recreational oyster license to harvest oysters in the tidal waters of the State.

(d) (1) The Department shall develop and publish an application form for obtaining a recreational oyster license.

(2) (i) Except as provided in subsection (f) of this section, to obtain a recreational oyster license to harvest oysters in the waters of the State, a State resident at least 16 years old shall submit to the Department an application using the form developed and published by the Department.

(ii) The application shall include:

1. The last four digits of the applicant’s Social Security number, if the applicant has a Social Security number;

2. Payment of a $10 application fee; and

3. Any other information requested by the Department.

(iii) The Department shall use a portion, as determined by the Department, of the application fee collected under this paragraph to replenish public fishery oyster bars by planting shell and juvenile oysters.

(3) An applicant may not willfully make a false statement or representation to the Department on the application.

(e) (1) (i) A recreational oyster license may be issued by an authorized agent of the Department.

(ii) The Department may designate a person engaged in a commercial enterprise as an agent to sell recreational oyster licenses.

(iii) An agent may retain 50 cents for each recreational oyster license issued by the agent.

(2) The Department shall issue a complimentary recreational oyster license to a resident of the State who certifies that the resident is:

(i) A former prisoner of war;

(ii) An American veteran who is determined to be unemployable by the U.S. Department of Veterans Affairs;

(iii) A 100% service–connected disabled American veteran; or

(iv) Blind.

(3) The Department shall:

(i) Issue a discounted recreational oyster license to a resident of the State who is a recipient of the Purple Heart Award; and

(ii) Determine the cost of the discounted application fee.

(f) (1) Subject to paragraph (2) of this subsection, an individual may catch oysters without a recreational oyster license if the individual:

(i) Owns or leases property bordering tidal waters of the State; or

(ii) 1. Is the spouse or immediate family member of the individual under item (i) of this paragraph; and

2. Resides on the property owned or leased under item (i) of this paragraph.

(2) (i) Before an individual may catch oysters in accordance with this subsection, the individual shall:

1. Register with the Department; and

2. Provide all information requested by the Department.

(ii) The Department may not establish a fee to register under this paragraph.

(g) A licensee shall physically possess the license while harvesting or attempting to harvest oysters.

(h) (1) A recreational oyster license shall be valid for 1 year following the date of issuance.

(2) A licensee may not transfer a recreational oyster license.

(i) The Department may adopt regulations to implement this section.
Md. Code, Housing and Community Development § 4-2101 — MD Code / Article ghs / Title 4 / Subtitle 21 / Section 4-2101
§4–2101.
Status: in_force

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

(b) “Continuum of Care” means a regional or local planning body that coordinates housing and services funding for homeless families and individuals.

(c) “Council” means the Interagency Council on Homelessness.
Md. Code, State Government § 4-108 — MD Code / Article gsg / Title 4 / Subtitle 1 / Section 4-108
§4–108.
Status: in_force

(a) The Comptroller shall set the number and compensation of assistant clerks or deputies employed by each register of wills.

(b) Compensation from an account for services of an assistant clerk, deputy, or other individual who performs any of the duties pertaining to the office of a register of wills may not be allowed until the individual certifies under oath that:

(1) the services have been performed;

(2) the individual has received, for personal use and benefit, the full sum to be charged to the account;

(3) the individual has not paid, deposited, or assigned, or contracted to pay, deposit, or assign, any part of the compensation to the use of another; and

(4) the individual, directly or indirectly, has not paid or given, or contracted to pay or give, a reward or compensation for the office or employment or its emoluments.

(c) The Comptroller shall increase the salary of each of the nonelected employees in the offices of the registers of wills commensurate with the increases granted to State employees generally.
Md. Code, Labor and Employment § 4-104 — MD Code / Article gle / Title 4 / Subtitle 1 / Section 4-104
§4–104.
Status: in_force

To the extent possible, the Mediation Service shall:

(1) promote voluntary mediation or arbitration of disputes between employers and employees; and

(2) discourage resort to a legal proceeding or to a blacklist, boycott, discrimination, or lockout in or arising out of a dispute between employers and employees.
Md. Code, Economic Development § 4-408 — MD Code / Article gec / Title 4 / Subtitle 4 / Section 4-408
§4–408.
Status: in_force

The Council:

(1) on or before January 1, 2026, and each January 1 thereafter, shall submit an annual report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly; and

(2) may publish other material.
Md. Code, Corporations and Associations § 4A-1206 — MD Code / Article gca / Title 4A / Subtitle 12 / Section 4A-1206
§4A–1206.
Status: in_force

(a) (1) Each benefit limited liability company shall have the purpose of creating a general public benefit.

(2) The purpose described in paragraph (1) of this subsection is in addition to, and may be a limitation on, the purposes of the benefit limited liability company under § 4A–201 of this title.

(b) (1) In addition to its purposes under § 4A–201 of this title and subsection (a) of this section, the articles of organization or operating agreement of a benefit limited liability company may identify as one of the purposes of the benefit limited liability company the creation of one or more specific public benefits.

(2) The identification in its articles of organization or operating agreement of a specific public benefit purpose under paragraph (1) of this subsection does not limit the obligation of a benefit limited liability company to create a general public benefit.
Md. Code, Corporations and Associations § 4-202 — MD Code / Article gca / Title 4 / Subtitle 2 / Section 4-202
§4–202.
Status: in_force

(a) Clear reference to the fact that the corporation is a close corporation shall appear prominently:

(1) At the head of the charter document in which the election to be a close corporation is made;

(2) In each subsequent charter document of the corporation; and

(3) On each certificate representing outstanding stock of the corporation.

(b) The status of a corporation as a close corporation is not affected by the failure of any charter document or stock certificate to contain the reference required by this section.
Md. Code, Health - General § 4-220 — MD Code / Article ghg / Title 4 / Subtitle 2 / Section 4-220
§4–220.
Status: in_force

(a) The Secretary may provide the United States Department of Health and Human Services with copies of vital records or other information that is required for national statistics, on the condition that the information may not be used for other than statistical purposes unless authorized by the Secretary.

(b) On request, the Secretary may provide federal, State, local, and other public or private agencies with copies of vital records or other information for statistical purposes on terms or conditions that the Secretary sets.

(c) On request, the Secretary may provide the State designated health information exchange with select information from death certificates to allow linkage of the data to the State designated health information exchange master patient index in order that a date of death may be associated and stored with the records of those patients who have died for statistical and clinician notification purposes in accordance with regulations or a data sharing agreement.
Md. Code, Public Safety § 4-401 — MD Code / Article gps / Title 4 / Subtitle 4 / Section 4-401
§4–401.
Status: in_force

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

(2) “Forensic laboratory” means a facility, an entity, or a site that offers or performs forensic analysis and is owned or operated by the State, a county or municipal corporation in the State, or another governmental entity.

(3) “Fund” means the Rape Kit Testing Grant Fund.

(4) “Law enforcement agency” means the Department of State Police or a police department of a county or municipal corporation in the State.

(b) There is a Rape Kit Testing Grant Fund.

(c) The purpose of the Fund is to provide funding to:

(1) law enforcement agencies to pay for testing of sexual assault evidence collection kits by forensic laboratories, including equipment, supplies, personnel, and outsourcing;

(2) the Office of the Attorney General to assist law enforcement agency investigations of crimes involving sexual assault evidence collection kits that were collected before October 1, 2020, and have not been tested;

(3) the federally recognized State sexual assault coalition for a statewide sexual assault victim notification hotline and related personnel to provide victims of sexual assault with:

(i) advocacy;

(ii) support;

(iii) information about untested rape kits;

(iv) information about navigating the sexual assault evidence kit tracking system established under § 11–926.1 of the Criminal Procedure Article; and

(v) victims’ rights information; and

(4) peer–to–peer telehealth programs as defined in § 11–1007 of the Criminal Procedure Article.

(d) The Executive Director of the Governor’s Office of Crime Prevention and Policy shall:

(1) administer the Fund;

(2) establish and publish procedures for the distribution of funding;

(3) ensure each jurisdiction in the State that has a forensic laboratory is able to access the Fund;

(4) consider the number of sexual assault incidents that were investigated by a law enforcement agency in the prior fiscal year when distributing funding;

(5) (i) ensure that funds are distributed in accordance with subsection (c)(2) and (3) of this section each fiscal year until all sexual assault evidence collection kits collected before October 1, 2020, have been tested, or it has been determined that testing is not required under § 11–926 of the Criminal Procedure Article; and

(ii) unless the appropriation to the Fund is reduced or funding has been awarded from the National Sexual Assault Kit Initiative for the same purpose, ensure that funds distributed under this paragraph are not less than the amount distributed for the prior fiscal year; and

(6) submit a report with information on the distribution of funding to the General Assembly, in accordance with § 2–1257 of the State Government Article, before September 1 each year.

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

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

(f) The Fund consists of:

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

(2) any interest earnings of the Fund; and

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

(g) (1) The Fund may be used only for the purposes stated in subsection (c) of this section.

(2) Subject to paragraph (1) of this subsection, the Fund may be used for the testing of sexual assault evidence collection kits collected before or after the establishment of the Fund.

(3) The Fund may not be used to support the sexual assault evidence collection kit tracking program established under § 11–926.1 of the Criminal Procedure Article.

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

(2) Any interest earnings of the Fund, including interest earnings under subsection (f) of this section, shall be credited to the Fund.

(i) (1) Expenditures from the Fund may be made only in accordance with the State budget.

(2) The Executive Director of the Governor’s Office of Crime Prevention and Policy may make a grant from the Fund for a period of up to 36 months.

(j) Money expended from the Fund for testing of sexual assault evidence collection kits is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for the purposes of the Fund as stated in subsection (c) of this section.
Md. Code, State Finance and Procurement § 4-602 — MD Code / Article gsf / Title 4 / Subtitle 6 / Section 4-602
§4–602.
Status: in_force

(a) In accordance with the provisions of the State Personnel and Pensions Article, the Secretary may appoint and remove superintendents to supervise designated improvements, grounds, and multiservice centers under the jurisdiction of the Department, including those in Annapolis and Baltimore City.

(b) A superintendent shall perform the duties delegated by the Secretary.

(c) A superintendent is entitled to compensation in accordance with the State budget.
Md. Code, Business Occupations and Professions § 4-208 — MD Code / Article gbo / Title 4 / Subtitle 2 / Section 4-208
§4–208.
Status: in_force

(a) Any person aggrieved by a final decision of the Board 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.

(b) The Board may appeal from a decision of the circuit court.
Md. Code, Public Safety § 4-504 — MD Code / Article gps / Title 4 / Subtitle 5 / Section 4-504
§4–504.
Status: in_force

(a) The Executive Director shall administer the Fund.

(b) The Executive Director shall:

(1) certify to the Comptroller, counties, and qualifying municipalities the amount of payments under this subtitle to the counties and qualifying municipalities; and

(2) adopt regulations and require reports that are necessary to certify the amounts.

(c) In administering the Fund, the Executive Director shall:

(1) make a continuing effort to establish standards of police protection adequate to the various local situations; and

(2) subject to § 2–1257 of the State Government Article, report periodically to the General Assembly on progress in establishing and meeting those standards, including the payment amounts certified under subsection (b) of this section and any other relevant fiscal information.

(d) The Executive Director shall apply the minimum standards determined by the Police Training and Standards Commission under Title 3, Subtitle 2 of this article to determine whether police officers are qualified.

(e) The Police Training and Standards Commission shall print and distribute to all municipalities its regulations that set forth the minimum standards for police qualifications.

(f) (1) If a municipality fails to meet the minimum standards for police qualifications for 2 successive years, the Executive Director shall withhold from the municipality payments that would otherwise be payable the second year.

(2) (i) Any payment withheld for noncompliance is forfeited.

(ii) A municipality may not make a claim for the withheld payment.
Md. Code, Insurance § 4-309 — MD Code / Article gin / Title 4 / Subtitle 3 / Section 4-309
§4–309.
Status: in_force

(a) An insurer may challenge any of the following determinations made or actions taken by the Commissioner under this subtitle:

(1) notification to an insurer by the Commissioner of an adjusted RBC report;

(2) notification to an insurer by the Commissioner that:

(i) the insurer’s RBC plan or revised RBC plan is unsatisfactory; and

(ii) the notification constitutes a regulatory action level event with respect to that insurer;

(3) notification to an insurer by the Commissioner that:

(i) the insurer has failed to adhere to its RBC plan or revised RBC plan; and

(ii) the failure has a substantial adverse effect on the ability of the insurer to eliminate the company action level event with respect to the insurer in accordance with its RBC plan or revised RBC plan; or

(4) notification to an insurer by the Commissioner of a corrective order with respect to the insurer.

(b) (1) At the request of an insurer, the Commissioner shall hold a confidential hearing on the record under § 2-213(a) of this article to determine the validity of a challenge by the insurer.

(2) To request a hearing under this subsection, the insurer shall notify the Commissioner of its request within 5 days after the notification by the Commissioner under subsection (a) of this section.

(3) On receipt of the insurer’s request for a hearing, the Commissioner shall hold a hearing within 30 days after the date of the insurer’s request.
Md. Code, Natural Resources § 4-506 — MD Code / Article gnr / Title 4 / Subtitle 5 / Section 4-506
§4–506.
Status: in_force

A person may not fasten, tie, or anchor any boat to or in any other way interfere with any other person’s fishing nets, stakes, or other personal property in or close to the waters of the State.
Md. Code, Agriculture § 4-126 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-126
§4–126.
Status: in_force

The Secretary may administer oaths and affirmations, take depositions, and require by subpoena the attendance and testimony of witnesses and the production of documentary evidence relating to any matter under investigation or the subject of any hearing. The circuit court of any county may compel obedience to any subpoena. After claiming a privilege against self-incrimination, no individual may be prosecuted or subjected to any penalty or forfeiture for any matter concerning which he may be compelled to testify or produce evidence in obedience to a Department subpoena, except for perjury committed in testifying.
Md. Code, Insurance § 4-507 — MD Code / Article gin / Title 4 / Subtitle 5 / Section 4-507
§4–507.
Status: in_force

(a) Subject to § 2–210 of this article, an insurer that fails to timely submit a CGAD to the Commissioner as required by this subtitle and without just cause is subject to a penalty of $200 for each day the violation continues, up to a maximum of $25,000.

(b) The Commissioner may reduce a penalty imposed on an insurer under subsection (a) of this section if the insurer demonstrates to the Commissioner that the imposition of the penalty would constitute a financial hardship to the insurer.

(c) This section does not limit the authority of the Commissioner to take any other action authorized by this article.
Md. Code, Business Occupations and Professions § 4-508 — MD Code / Article gbo / Title 4 / Subtitle 5 / Section 4-508
§4–508.
Status: in_force

(a) Except as otherwise provided in this subtitle, a barbershop may not be integrated with any other business.

(b) A person may conduct another business on the premises of a barbershop only if the business and barbershop are separated by a permanent wall or partition.

(c) An individual licensed to practice cosmetology may practice cosmetology in a barbershop.
Md. Code, State Personnel and Pensions § 4-301 — MD Code / Article gsp / Title 4 / Subtitle 3 / Section 4-301
§4–301.
Status: in_force

On or before October 15 of each year, each unit of the Executive Branch of State government shall submit to the Secretary the information that the Secretary requires on the processing and disposition during the preceding fiscal year of each:

(1) denial of a pay increase;

(2) disciplinary suspension;

(3) grievance;

(4) involuntary demotion;

(5) rejection on probation; and

(6) attendance incentive award and conversion made pursuant to Title 9, Subtitle 12 of this article.
Md. Code, Business Regulation § 4-419 — MD Code / Article gbr / Title 4 / Subtitle 4 / Section 4-419
§4–419.
Status: in_force

If any provision of this subtitle or its application to any person or circumstance is held invalid, the invalidity does not affect other provisions or applications of this subtitle which can be given effect without the invalid provision or application, and to this end the provisions of this subtitle are severable.
Md. Code, General Provisions § 4-313 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-313
§4–313.
Status: in_force

(a) Subject to subsections (b) and (c) of this section, a custodian shall deny inspection of a school district record about the home address, telephone number, personal e–mail address, biography, family, physiology, religion, academic achievement, or physical or mental ability of a student.

(b) A custodian shall allow inspection by:

(1) the person in interest; or

(2) an elected or appointed official who supervises the student.

(c) (1) A custodian may allow inspection of the home address, telephone number, or personal e–mail address of a student of a public school by:

(i) an organization of parents, teachers, students, or former students, or any combination of those groups, of the school;

(ii) an organization or a force of the military;

(iii) a person engaged by a school or board of education to confirm a home address or home telephone number;

(iv) a representative of a community college in the State; or

(v) the Maryland Higher Education Commission.

(2) The Maryland Higher Education Commission or a person, an organization, or a community college that obtains information under this subsection may not:

(i) use this information for a commercial purpose; or

(ii) disclose this information to another person, organization, or community college.

(3) When a custodian allows inspection under this subsection, the custodian shall notify the Maryland Higher Education Commission, person, organization, or community college of the prohibitions under paragraph (2) of this subsection regarding use and disclosure of this information.
Md. Code, Business Regulation § 4-417 — MD Code / Article gbr / Title 4 / Subtitle 4 / Section 4-417
§4–417.
Status: in_force

In applying and construing this subtitle, consideration must be given to the need to promote uniformity of the law with respect to its subject matter among states that enact it.
Md. Code, Public Utilities § 4-303 — MD Code / Article gpu / Title 4 / Subtitle 3 / Section 4-303
§4–303.
Status: in_force

(a) The Commission shall establish pilotage fees and charges for pilotage services to vessels at a just and reasonable rate.

(b) The Commission shall give notice and hold a public hearing on each rate proposal as provided in this article.

(c) In determining a just and reasonable rate, the Commission shall consider:

(1) the draft, dimensions, and tonnage of the vessel piloted;

(2) the difficulty and inconvenience of the particular service and the time and skill required to render the service;

(3) the time required to render pilotage service at other United States ports and the fees and charges for the service;

(4) the public interest in maintaining efficient and reliable pilotage service; and

(5) other factors relevant to the determination of a just and reasonable rate.

(d) A pilot may not demand or receive a different compensation for providing pilotage service than the rate set by the Commission under this section.

(e) The Commission shall impose an assessment on the Association of Maryland Pilots based on assessment guidelines established for public service companies under § 2-110 of this article. The assessment imposed under this subsection may not be less than $25,000.

(f) All pilotage fees and charges provided by applicable law shall remain in effect until changed by the Commission.