Md. Code, Criminal Procedure § 4-202.1 — MD Code / Article gcp / Title 4 / Subtitle 2 / Section 4-202.1
§4–202.
Status: in_force

§4–202.1.

(a) In this section, “child” means a defendant who is under the age of 18 years and whose case is eligible for transfer under the provisions of § 4-202(b)(1) and (2) and (c) of this subtitle.

(b) If a child remains in custody for any reason after a bail review hearing:

(1) in the case of a child charged with a felony that is not within the jurisdiction of the District Court, the District Court shall:

(i) clearly indicate on the case file and in computer records that the case involves a detained child; and

(ii) set a preliminary hearing to be held within 15 days after the bail review hearing; or

(2) in the case of a child charged with a crime in the District Court, the District Court:

(i) shall clearly indicate on the case file and in computer records that the case involves a detained child;

(ii) shall set a transfer hearing under § 4-202 of this subtitle to be held within 30 days after the filing of the charging document;

(iii) may order that a study be made under § 4-202 of this subtitle; and

(iv) shall require that prompt notice be given to counsel for the child, or, if the child is not represented by counsel, to the Office of the Public Defender.

(c) On receipt of a District Court case file that indicates that the case involves a child who was detained after a bail review hearing under subsection (b) of this section, a circuit court:

(1) unless previously set by the District Court under subsection (b)(2) of this section, shall set a transfer hearing under § 4-202 of this subtitle to be held within 30 days after the filing of the charging document in the circuit court;

(2) unless previously ordered by the District Court under subsection (b)(2) of this section, may order that a study be made under § 4-202 of this subtitle; and

(3) shall require that prompt notice be given to counsel for the child, or, if the child is not represented by counsel, to the Office of the Public Defender.
Md. Code, Estates and Trusts § 4-413 — MD Code / Article get / Title 4 / Subtitle 4 / Section 4-413
§4–413.
Status: in_force

If probable cause exists for instituting proceedings, a provision in a will purporting to penalize an interested person for contesting the will or instituting other proceedings relating to the estate is void.
Md. Code, Agriculture § 4-114 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-114
§4–114.
Status: in_force

The Secretary, by rule or regulation, may require an equine or its carcass to be prepared in an establishment separate from an establishment where cattle, sheep, swine, or goats, their carcasses, parts of them, meat, or their meat food products are prepared.
Md. Code, Housing and Community Development § 4-607 — MD Code / Article ghs / Title 4 / Subtitle 6 / Section 4-607
§4–607.
Status: in_force

To qualify for a Program loan, a group home sponsor shall own and operate a group home and be:

(1) a nonprofit organization;

(2) an individual; or

(3) a limited partnership if:

(i) 1. each general partner qualifies as a nonprofit organization; or

2. each general partner is a wholly owned subsidiary of a nonprofit organization;

(ii) the limited partnership is formed to undertake a group home project that is totally or partly eligible for a federal low income housing tax credit program or any other federal program or incentive; and

(iii) a nonprofit organization manages the project or receives the net cash flow from or the residual sale proceeds on sale of the group home.
Md. Code, Natural Resources § 4-739 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-739
§4–739.
Status: in_force

(a) The Department may make rules and regulations governing catching sturgeon in the waters of the State or possessing and selling within the State sturgeon caught in the waters of the State.

(b) The rules and regulations of the Department become effective only after a public hearing is held. The time, place, and purpose of the public hearing shall be advertised in one newspaper of general daily circulation in the State, and at least one newspaper circulated in each county, at least once per week for two successive weeks in advance of the hearing. After the hearing and adoption of the rules and regulations, they shall be published in the newspapers which published the notice of the hearing.
Md. Code, Financial Institutions § 4-603 — MD Code / Article gfi / Title 4 / Subtitle 6 / Section 4-603
§4–603.
Status: in_force

(a) (1) Unless a savings bank has the prior approval of the Commissioner, the total amount of all of its outstanding debts, other than those incurred for purposes of repaying its depositors, may not exceed 5 percent of its deposits.

(2) When the directors of a savings bank authorize it to borrow money for which approval is required, the savings bank immediately shall send a copy of the board’s resolution to the Commissioner.

(b) A savings bank may not borrow money for periods that total more than:

(1) 1 year; and

(2) Any additional renewal period that the Commissioner approves in writing for payment of an unpaid balance.
Md. Code, Business Occupations and Professions § 4-502 — MD Code / Article gbo / Title 4 / Subtitle 5 / Section 4-502
§4–502.
Status: in_force

(a) To qualify for a barbershop permit, an applicant shall be a person who meets the requirements of this section.

(b) (1) An applicant shall own the facility in which the barbershop for which the application is made is located.

(2) To qualify for a barbershop permit for a mobile barbershop, the applicant shall:

(i) hold a barbershop permit to operate a barbershop that is not a mobile barbershop; and

(ii) own or lease the motor vehicle or trailer in which the mobile barbershop for which the application is made is located.

(c) An applicant shall satisfy the Board that the location and equipment of the barbershop for which the application is made meets the requirements of:

(1) the Board;

(2) the Maryland Department of Health; and

(3) the applicable local zoning code.

(d) As a condition of the issuance of a barbershop permit, the barbershop for which the application is made shall pass a pre–opening inspection conducted under § 4–512 of this subtitle.
Md. Code, Labor and Employment § 4-209 — MD Code / Article gle / Title 4 / Subtitle 2 / Section 4-209
§4–209.
Status: in_force

Each consent election agreement shall describe:

(1) the appropriate bargaining unit for the consent election;

(2) the payroll period to be used to determine the employees within the appropriate bargaining unit who are eligible to vote; and

(3) the date, time, and place of the consent election.
Md. Code, Natural Resources § 4-1043 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1043
§4–1043.
Status: in_force

The Department may establish size limits and open and close areas for harvesting of surf clams. The Department shall publish a notice of its proposal to open or close an area or change size limits at least 30 days before the effective date of the proposal and shall hold a public hearing on the proposal at least 15 days before the effective date unless a public hearing on a substantially similar proposal has been conducted in the State by a federal management authority with notice advertised by the Department as required by this section. The notice shall include the time and place of any hearing and shall be published in at least one newspaper of general circulation in the State and at least one newspaper of general circulation in Worcester County.
Md. Code, Economic Development § 4-215 — MD Code / Article gec / Title 4 / Subtitle 2 / Section 4-215
§4–215.
Status: in_force

(a) There is a Maryland Tourism Development Board Fund in the Department.

(b) The purpose of the Fund is to finance programs relating to the planning, advertising, promotion, assistance, and development of the tourism industry in the State.

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

(d) The Fund consists of:

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

(2) money that the Board accepts under § 4-209 of this subtitle.

(e) Expenditures from the Fund may be made only by the Board in accordance with an appropriation.

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

(2) Any investment earnings of the Fund shall be credited to the General Fund of the State.
Md. Code, Corporations and Associations § 4A-202 — MD Code / Article gca / Title 4A / Subtitle 2 / Section 4A-202
§4A–202.
Status: in_force

(a) Any person may form a limited liability company by causing articles of organization to be executed and filed for record with the Department.

(b) A limited liability company is formed at the time when the Department accepts the articles of organization for record or at a later time specified in the articles, if in either case there has been substantial compliance with this title.
Md. Code, Commercial Law § 4A-103 — MD Code / Article gcl / Title 4A / Subtitle 1 / Section 4A-103
§4A–103.
Status: in_force

(a) In this title:

(1) “Payment order” means an instruction of a sender to a receiving bank, transmitted orally, electronically, or in writing, to pay, or to cause another bank to pay, a fixed or determinable amount of money to a beneficiary if:

(i) The instruction does not state a condition to payment to the beneficiary other than time of payment;

(ii) The receiving bank is to be reimbursed by debiting an account of, or otherwise receiving payment from, the sender; and

(iii) The instruction is transmitted by the sender directly to the receiving bank or to an agent, funds-transfer system, or communication system for transmittal to the receiving bank.

(2) “Beneficiary” means the person to be paid by the beneficiary’s bank.

(3) “Beneficiary’s bank” means the bank identified in a payment order in which an account of the beneficiary is to be credited pursuant to the order or which otherwise is to make payment to the beneficiary if the order does not provide for payment to an account.

(4) “Receiving bank” means the bank to which the sender’s instruction is addressed.

(5) “Sender” means the person giving the instruction to the receiving bank.

(b) If an instruction complying with subsection (a)(1) of this section is to make more than 1 payment to a beneficiary, the instruction is a separate payment order with respect to each payment.

(c) A payment order is issued when it is sent to the receiving bank.
Md. Code, Alcoholic Beverages and Cannabis § 4-606 — MD Code / Article gab / Title 4 / Subtitle 6 / Section 4-606
§4–606.
Status: in_force

(a) After revoking a license, a local licensing board:

(1) may not issue another license to the person whose license is revoked;

(2) may not issue any license for the same premises for 6 months after the revocation; and

(3) may decide not to issue another license for the same premises.

(b) If the license was held on behalf of a corporation, a partnership, or an unincorporated association, another license may not be obtained on behalf of the corporation, partnership, or unincorporated association to sell alcoholic beverages on the same premises for 6 months after the revocation.
Md. Code, Natural Resources § 4-219 — MD Code / Article gnr / Title 4 / Subtitle 2 / Section 4-219
§4–219.
Status: in_force

The Department shall adopt regulations defining which species may be harvested, imported, transported, sold, or used as bait in the State.
Md. Code, Agriculture § 4-305.1 — MD Code / Article gag / Title 4 / Subtitle 3 / Section 4-305.1
§4–305.
Status: in_force

§4–305.1.

All shell eggs shall be stored, displayed, and transported in a refrigerated area where the temperature meets the standards established by the Secretary.
Md. Code, Natural Resources § 4-1006.1 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1006.1
§4–1006.
Status: in_force

§4–1006.1.

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

(2) “SAV protection zone” means an area delineated by the Department for the protection from uprooting and the restoration of submerged aquatic vegetation.

(3) “SAV survey” means:

(i) The annual submerged aquatic vegetation survey compiled by the Virginia Institute of Marine Sciences for the Chesapeake Bay and Atlantic Coastal Bays; or

(ii) Any other survey that:

1. Encompasses the distribution of submerged aquatic vegetation in:

A. The Chesapeake Bay;

B. The Atlantic Coastal Bays; or

C. The Chesapeake Bay and the Atlantic Coastal Bays;

2. Uses a methodology for SAV surveys approved by the U.S. Environmental Protection Agency’s Chesapeake Bay Program; and

3. Is approved by the Department.

(b) (1) In 2004 and every 3 years thereafter, the Department shall update the delineations of SAV protection zones that were completed in 2001.

(2) The updated delineations shall include areas where submerged aquatic vegetation has been mapped by SAV surveys during at least 1 of the previous 3 years.

(c) (1) Except as provided in paragraph (2) of this subsection, a previously delineated SAV protection zone may be opened to the use of the gear set forth in subsection (f) of this section during an update if:

(i) SAV surveys have not shown any submerged aquatic vegetation in the area during the past 3 years; or

(ii) SAV surveys have shown the density of submerged aquatic vegetation in that area to be less than 10% during each of the past 6 years.

(2) The areas in the vicinity of Smith Island, South Marsh Island, and Bloodsworth Island that were closed to hydraulic clam dredging in the 1999 delineation shall be closed to the gear set forth in subsection (f) of this section and may not be reopened.

(d) (1) To the extent possible, the Department shall adjust SAV protection zones so that delineations are geographically manageable, utilizing straight lines and existing points of reference.

(2) (i) To the extent possible, an adjustment made in accordance with paragraph (1) of this subsection shall result in no net loss or gain of protected area.

(ii) To the extent possible, to prevent the net loss or gain of protected area resulting from an adjustment made in accordance with paragraph (1) of this subsection, the adjustment may:

1. Exclude small areas of vegetated bottom; or

2. Include small areas of unvegetated bottom.

(e) The Department:

(1) Shall utilize buoys or other visible landmarks as appropriate to mark SAV protection zones;

(2) May make revisions to the delineations of SAV protection zones at any time if determined to be necessary; and

(3) Shall publish, by public notice, delineations of SAV protection zones and revisions to SAV protection zones.

(f) A person may not use the following gear in a SAV protection zone:

(1) A hydraulic clam dredge;

(2) A traditional bottom dredge; and

(3) A shinnecock rake.

(g) This section may not be construed to affect the authority of the Department to adopt any additional measures that the Department determines are necessary to protect submerged aquatic vegetation beds in the waters of the State.
Md. Code, Environment § 4-211 — MD Code / Article gen / Title 4 / Subtitle 2 / Section 4-211
§4–211.
Status: in_force

(a) The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act.

(b) Within 10 days after being served with an order under § 4–209(a)(1) of this subtitle or a notice under § 4–209(a)(2) of this subtitle, the person served may request in writing a hearing before the Department.

(c) The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.

(d) (1) In connection with any hearing under this subtitle, the Department may:

(i) Subpoena any person or evidence; and

(ii) Order a witness to give evidence.

(2) A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.

(3) If a person fails to comply with a subpoena or order issued under this subsection, on petition of the Department, a circuit court, by order, may:

(i) Compel obedience to the Department’s order or subpoena; or

(ii) Compel testimony or the production of evidence.

(4) The court may punish as a contempt any failure to obey its order issued under this section.
Md. Code, Transportation § 4-302 — MD Code / Article gtr / Title 4 / Subtitle 3 / Section 4-302
§4–302.
Status: in_force

(a) Except as provided in § 4-306(b) of this subtitle, without limiting the power of the Authority to issue additional revenue bonds under the provisions of law that authorize the issuance of revenue bonds of prior issues, the Authority from time to time may issue its revenue bonds to finance the cost of any one or more or combination of transportation facilities projects.

(b) As to revenue bonds of any issue, the Authority may determine:

(1) The date or dates of issue;

(2) The date or dates and amount or amounts of maturity, which need not be in equal principal amounts or consecutive annual installments, but a bond may not be issued to mature later than 40 years after the date of its issue;

(3) The rate or rates of interest payable on the bonds, or the manner of determining the rate or rates of interest, and the date or dates of payment of interest;

(4) The tenor, form or forms, denomination or denominations, manner of execution, and place or places of payment of the principal of and interest on the bonds, which may be at any bank or trust company within or without this State;

(5) Whether the bonds are to be issued in coupon or registered form or both and whether provision is to be made for the registration of the principal only of coupon bonds, for the reconversion of fully registered bonds into coupon form, and for the replacement of bonds that are mutilated, lost, or destroyed;

(6) Whether all or any part of the bonds are redeemable before maturity and, if so, the terms, conditions, and prices of redemption; and

(7) Any other matter relating to the form, terms, conditions, issuance, sale, and delivery of the bonds.
Md. Code, State Finance and Procurement § 4-207 — MD Code / Article gsf / Title 4 / Subtitle 2 / Section 4-207
§4–207.
Status: in_force

In addition to its other functions, the Department shall perform any function requested of it or delegated to it by the Board of Public Works.
Md. Code, Housing and Community Development § 4-1604 — MD Code / Article ghs / Title 4 / Subtitle 16 / Section 4-1604
§4–1604.
Status: in_force

(a) To accomplish the purpose of this subtitle and notwithstanding any other law, a covered county may borrow money by issuing revenue bonds, notes, or other evidences of obligation.

(b) Money under subsection (a) of this section shall be made available for residential mortgage loans to families of low or moderate income, only through mortgage lending institutions by:

(1) forward commitment mortgage purchase;

(2) existing mortgage purchase;

(3) loans to lenders;

(4) revolving mortgage fund; or

(5) any other means that the legislative body of the covered county considers appropriate.
Md. Code, Natural Resources § 4-731 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-731
§4–731.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, a person may not sell, offer for sale, or transport across a boundary of the State any striped bass, commonly known as rockfish, caught from the State waters of the Chesapeake Bay and its tributaries unless the person possesses one of the following:

(i) A valid commercial fishing license issued in his name;

(ii) A dated bill of sale signed by the licensed commercial fisherman who caught the fish; or

(iii) A dated bill of sale signed by a dealer or wholesaler from whom the fish were purchased.

(2) However, a nonresident of the State who has caught striped bass from State waters by hook and line may transport across a boundary of the State not more than 100 pounds of striped bass on any day for any purpose other than sale.

(b) A person may not knowingly buy any striped bass caught from the State waters of the Chesapeake Bay and its tributaries from any person except the licensed commercial fisherman who caught the fish, or a wholesaler or retailer of fish.

(c) Any person who buys striped bass caught from State waters of the Chesapeake Bay and its tributaries for the purpose of resale shall maintain records showing every purchase made during the preceding 90 day period, the date and place of each purchase, the quantity purchased, and the name of the person from whom the fish were purchased.

(d) Any person who violates any provision of this section is guilty of a misdemeanor and upon conviction is subject to a fine not exceeding $1,000, or imprisonment not exceeding six months, or both, with costs imposed in the discretion of the court.
Md. Code, Corporations and Associations § 4A-12A-08 — MD Code / Article gca / Title 4A / Subtitle 12A / Section 4A-12A-08
§4A–12A–08.
Status: in_force

§4A–12A–08. NOT IN EFFECT

** TAKES EFFECT OCTOBER 1, 2026 PER CHAPTERS 198 AND 199 OF 2025 **

(a) Subject to subsection (b) of this section, a limited worker cooperative association may terminate its status as a limited worker cooperative association by amending its articles of organization to delete the statements required by § 4A–12A–04 of this subtitle.

(b) Any termination of a limited worker cooperative association’s status shall be subject to the approval of two–thirds of the voting power of worker members and two–thirds of all members entitled to vote on the matter.
Md. Code, Housing and Community Development § 4-1901 — MD Code / Article ghs / Title 4 / Subtitle 19 / Section 4-1901
§4–1901.
Status: in_force

There is a Disaster Relief Housing Program within the Department of Housing and Community Development.
Md. Code, Environment § 4-402 — MD Code / Article gen / Title 4 / Subtitle 4 / Section 4-402
§4–402.
Status: in_force

Because the quality of the waters of this State is vital to the public and private interests of its citizens and because pollution constitutes a menace to public health and welfare, creates public nuisances, is harmful to wildlife, fish and aquatic life, and impairs domestic, agricultural, industrial, recreational, and other legitimate beneficial uses of water, and the problem of water pollution in this State is closely related to the problem of water pollution in adjoining states, it is State public policy to improve, conserve, and manage the quality of the waters of the State and protect, maintain, and improve the quality of water for public supplies, propagation of wildlife, fish and aquatic life, and domestic, agricultural, industrial, recreational, and other legitimate beneficial uses. Also, it is State public policy to provide that no waste is discharged into any waters of this State without first receiving necessary treatment or other corrective action to protect the legitimate beneficial uses of this State’s waters, and to provide and promote, through innovative and alternative methods of waste and wastewater treatment, prevention, abatement, and control of new or existing water pollution. The Department shall cooperate with the agencies of other states and the federal government in carrying out these objectives.
Md. Code, Alcoholic Beverages and Cannabis § 4-107 — MD Code / Article gab / Title 4 / Subtitle 1 / Section 4-107
§4–107.
Status: in_force

(a) A local licensing board may apply to the Central Repository for a State and national criminal history records check for each applicant for a license.

(b) As part of the application for a criminal history records check, a local licensing board shall submit to the Central Repository:

(1) two complete sets of the applicant’s legible fingerprints taken on forms approved by the director of the Central Repository and the director of the Federal Bureau of Investigation;

(2) the fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to State criminal history records; and

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

(c) In accordance with Title 10, Subtitle 2 of the Criminal Procedure Article, the Central Repository shall forward to the applicant for a license and the local licensing board the applicant’s criminal history record information.

(d) Information obtained by the local licensing board from the Central Repository under this section shall be:

(1) confidential and may not be redisseminated; and

(2) used only for the licensing purpose authorized by this section.

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

(f) (1) When criminal history record information of an applicant or license holder is reported to the Central Repository after the initial criminal history records check is completed, the Central Repository shall provide the local licensing board with a revised printed statement of the criminal record of the applicant or license holder.

(2) If the local licensing board informs the Central Repository that an individual is no longer an applicant or a license holder, the Central Repository shall stop providing the local licensing board with revised printed statements of the criminal record of the individual.
Md. Code, Insurance § 4-101 — MD Code / Article gin / Title 4 / Subtitle 1 / Section 4-101
§4–101.
Status: in_force

(a) (1) Except as otherwise provided in this article, a person may not act as an insurer and an insurer may not engage in the insurance business in the State unless the person has a certificate of authority issued by the Commissioner.

(2) An insurer may not have or maintain in this State an office, representative, or other facility to solicit or service any kind of insurance in another state unless the insurer is then authorized to engage in the same kind of insurance business in this State.

(b) A certificate of authority is not required for an insurer to engage in:

(1) transactions that relate to policies that were lawfully written in the State, or the liquidation of assets and liabilities of the insurer, including the collection of premiums on existing policies, resulting from former authorized operations of the insurer in the State;

(2) transactions that occur after issuance of a policy that covers only subjects of insurance not resident, located, or expressly to be performed in the State at the time of issuance, or that covers property in the course of transportation by land, air, or water to, from, or through the State, including any incidental preparation and storage, and the coverage was lawfully solicited, written, and delivered outside the State;

(3) transactions that relate to surplus lines coverages lawfully written under Title 3, Subtitle 3 of this article; or

(4) reinsurance transactions, except as to domestic reinsurers.
Md. Code, Education § 4-304 — MD Code / Article ged / Title 4 / Subtitle 3 / Section 4-304
§4–304.
Status: in_force

(a) There is a Chief Executive Officer of the board.

(b) The Chief Executive Officer shall:

(1) Be responsible for the overall administration of the Baltimore City Public School System;

(2) Report directly to the board;

(3) Be a member of the cabinet of the Mayor; and

(4) Designate individuals with primary responsibility for each of the following functions:

(i) Management and administration of the Baltimore City Public School System;

(ii) Assessment and accountability of the academic performance of the students in the Baltimore City Public School System;

(iii) Provision of services to students with disabilities in accordance with federal and State law;

(iv) Development and implementation of initiatives for educational reform; and

(v) Professional hiring and development.

(c) Notwithstanding the provisions of subsection (b)(4) of this section, the Chief Executive Officer and the board shall be held accountable for the delegated functions.

(d) The board shall employ the Chief Executive Officer and establish the salary of the Chief Executive Officer at an amount commensurate with the credentials, experience, and prior positions of responsibility of the Chief Executive Officer.

(e) The employment contract of the Chief Executive 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 and the successful management of the Baltimore City public schools.

(f) The initial contract and any renewal may not exceed 4 years.
Md. Code, Housing and Community Development § 4-704 — MD Code / Article ghs / Title 4 / Subtitle 7 / Section 4-704
§4–704.
Status: in_force

(a) The Department may establish:

(1) loan fees and charges;

(2) maximum loan or grant amounts for lead hazard reduction activities; and

(3) guidelines that give financing priority to lead hazard reduction activities that include replacing windows containing lead-based paint on friction surfaces.

(b) (1) On application of a political subdivision, the Department may provide money from the Fund allocated to the Grant Program or the Loan Program to the political subdivision to make a grant or loan, on behalf of the Department, to an eligible owner of residential property or a child care center in the political subdivision.

(2) The Department may limit the amount of money that a political subdivision may request under paragraph (1) of this subsection.
Md. Code, State Finance and Procurement § 4-316 — MD Code / Article gsf / Title 4 / Subtitle 3 / Section 4-316
§4–316.
Status: in_force

(a) Subject to the initial approval of the Secretary or Chief Procurement Officer, the appropriate purchasing unit for the following entities may use the services of the Department to purchase services, materials, supplies, and equipment:

(1) a county;

(2) a municipality;

(3) a governmental unit in the State;

(4) a public or quasi–public agency that:

(i) receives State money; and

(ii) is exempt from taxation under § 501(c)(3) of the Internal Revenue Code;

(5) a private elementary or secondary school that:

(i) either has been issued a certificate of approval from the State Board of Education or is accredited by the Association of Independent Schools; and

(ii) is exempt from taxation under § 501(c)(3) of the Internal Revenue Code; or

(6) a nonpublic institution of higher education as provided under § 17–106 of the Education Article.

(b) Notwithstanding subsection (a)(5) and (6) of this section, the Department may not purchase religious materials on behalf of a private elementary or secondary school or a nonpublic institution of higher education.

(c) The purchasing authority under this section is in addition to, and not a substitution for, the purchasing power of an entity under another law.
Md. Code, Housing and Community Development § 4-2921 — MD Code / Article ghs / Title 4 / Subtitle 29 / Section 4-2921
§4–2921.
Status: in_force

The Department may adopt regulations to implement this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 4-504 — MD Code / Article gab / Title 4 / Subtitle 5 / Section 4-504
§4–504.
Status: in_force

(a) An individual under the age of 18 years may not be engaged in the sale of alcoholic beverages.

(b) (1) Except as provided in paragraph (2) of this subsection, an individual between the ages of 18 and 21 years may be employed in the sale of beer and light wine.

(2) An individual under the age of 21 years may not be employed by a holder of a Class D beer, wine, and liquor license in the sale of alcoholic beverages.

(c) An individual at least 18 years old may be employed by a holder of a Class A license to operate a lottery ticket terminal.
Md. Code, State Finance and Procurement § 4-412 — MD Code / Article gsf / Title 4 / Subtitle 4 / Section 4-412
§4–412.
Status: in_force

(a) Except as otherwise provided in this section, the Division exclusively shall negotiate the acquisition of land for any public improvement.

(b) The Division shall make each State acquisition in the name of:

(1) the unit of the State government; or

(2) the principal department of the State government to which the unit belongs.

(c) The Division is not responsible for acquiring land for a local project.

(d) (1) The Division is not responsible for developing any acquired land.

(2) Development of any land acquired under Program Open Space is the responsibility of the unit of the State government.

(e) The provisions of this section and §§ 4–413 through 4–416 of this subtitle do not apply to land acquired by the Department of Natural Resources under Title 1, Subtitle 1 of the Natural Resources Article.
Md. Code, Insurance § 4-104.1 — MD Code / Article gin / Title 4 / Subtitle 1 / Section 4-104.1
§4–104.
Status: in_force

§4–104.1.

Notwithstanding the provisions of § 4–104 of this subtitle, a title insurer domiciled in this State shall have and maintain paid–in capital stock with a fixed nominal or par value in the amount of:

(1) $500,000 as of July 1, 2010;

(2) $625,000 as of July 1, 2011; and

(3) $750,000 as of July 1, 2012, and each July 1 thereafter.
Md. Code, Business Regulation § 4-308 — MD Code / Article gbr / Title 4 / Subtitle 3 / Section 4-308
§4–308.
Status: in_force

(a) A boxer license authorizes the licensee to participate as a boxer in a contest.

(b) (1) A professional kick boxer license authorizes the licensee to participate as a professional kick boxer in a contest.

(2) An amateur kick boxer license authorizes the licensee to participate as an amateur kick boxer in a contest.

(c) A wrestler license authorizes the licensee to participate as a wrestler in a contest.

(d) (1) A professional mixed martial arts contestant license authorizes the licensee to participate as a professional mixed martial arts contestant in a contest.

(2) An amateur mixed martial arts contestant license authorizes the licensee to participate as an amateur mixed martial arts contestant in a contest.

(e) A manager license authorizes the licensee to act as a manager of a contestant.

(f) A referee license authorizes the licensee to act as a referee in a contest.

(g) A judge license authorizes the licensee to act as a judge in a contest.

(h) A second license authorizes the licensee to act as a second in a contest.

(i) A matchmaker license authorizes the licensee to act as a matchmaker of a contest.

(j) A promoter license authorizes the licensee to act as a promoter of a contest.
Md. Code, Agriculture § 4-127 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-127
§4–127.
Status: in_force

Unless otherwise provided, when construing or enforcing any provision of this subtitle, every act, omission, or failure of any person acting within the scope of his employment or office and acting for or employed by another person is the act, omission, or failure of that person as well as of the person committing the act.
Md. Code, Housing and Community Development § 4-2903 — MD Code / Article ghs / Title 4 / Subtitle 29 / Section 4-2903
§4–2903.
Status: in_force

The purpose of the State Program is to provide vouchers and housing assistance payments for low–income families that are currently on a waiting list under the federal Housing Choice Voucher Program for housing in units approved by the Department or a public housing agency, in accordance with guidelines under the federal Housing Choice Voucher Program.
Md. Code, Housing and Community Development § 4-504 — MD Code / Article ghs / Title 4 / Subtitle 5 / Section 4-504
§4–504.
Status: reserved

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

(b) There is a Rental Housing Fund.

(c) The Department shall use the Fund to operate, make loans, and pay expenses of the Rental Housing Program, including reserves for anticipated future losses directly related to the Rental Housing Program, as provided in the State budget.

(d) The Department shall administer the Fund either directly or through the Administration.

(e) The Fund consists of:

(1) money appropriated by the State for the Rental Housing Program under § 4–402 of this title;

(2) repayments and prepayments of loans made under the Rental Housing Program and from loan programs under this title that have been repealed;

(3) money appropriated under § 4–501(c) of this subtitle;

(4) money transferred to the Fund in accordance with §§ 4–502(e), 4–503(d), and 4–505(h) of this subtitle and § 3–203(i) of this article;

(5) funds received by the Department or the Administration from the federal government or other public or private sources;

(6) investment earnings of the Fund; and

(7) revenue distributed to the Fund under § 2–605.2 of the Tax – General Article.

(f) (1) When the Department issues a binding commitment to make a loan, the Department shall withdraw from the Fund an amount equal to the commitment.

(2) Subject to § 7–209 of the State Finance and Procurement Article and except as otherwise provided in the State budget, after the first 8 months of a fiscal year the Department may transfer unencumbered money in the Fund to any other fund established under this title.
Md. Code, Natural Resources § 4-741 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-741
§4–741.
Status: in_force

A person in charge of any boat or vessel catching or transporting shellfish commercially may not carry on board a domestic animal of any kind.
Md. Code, Alcoholic Beverages and Cannabis § 4-805 — MD Code / Article gab / Title 4 / Subtitle 8 / Section 4-805
§4–805.
Status: in_force

(a) On payment of a pro rata license fee for the period of continuation, a certificate of permission and a renewal license are subject to the right of protest, revocation, suspension, and restriction.

(b) During the period of continuation, the renewal license and the personal representative or special administrator of the estate of the deceased license holder are subject to this article and the provisions of the Tax – General Article that relate to the alcoholic beverage tax.
Md. Code, Natural Resources § 4-1019.1 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1019.1
§4–1019.
Status: in_force

§4–1019.1.

(a) The Department shall provide annual grants to nonprofit organizations, community associations, restaurants, and seafood processors and dealers that recycle oyster shells by providing the shell to an authorized shell recycling collector certified by the Department.

(b) (1) Grants to nonprofit organizations and community associations shall be provided in the following amounts:

(i) $100 for the recycling of at least 5 but less than 20 bushels of oyster shells in a year; and

(ii) $250 for the recycling of at least 20 bushels of oyster shells in a year.

(2) Grants to restaurants and seafood processors and dealers shall be provided at a rate of $5 per bushel up to a maximum of $2,000 per year.

(c) The Department shall provide, at no cost, receptacles for the collection of oyster shells to restaurants that agree to recycle at least 25 bushels of oyster shells per year.

(d) (1) The Department shall adopt regulations to carry out the provisions of this section.

(2) The regulations shall establish eligibility criteria and provide for the certification of nonprofit organizations, community associations, restaurants, and seafood processors and dealers to verify the amount of oyster shells recycled by each entity.

(3) The Department may enter into agreements with nonprofit organizations with expertise in oyster shell recycling to execute the provisions of this section.
Md. Code, Insurance § 4-502 — MD Code / Article gin / Title 4 / Subtitle 5 / Section 4-502
§4–502.
Status: in_force

(a) The requirements of this subtitle apply only to insurers domiciled in this State.

(b) Subject to subsection (c) of this section, this subtitle may not be construed to require or impose corporate governance standards and internal procedures beyond those which are required under the Corporations and Associations Article.

(c) This subtitle may not be construed to limit the Commissioner’s authority, or the rights or obligations of a third–party under Title 2, Subtitle 2 of this article.
Md. Code, State Personnel and Pensions § 4-202 — MD Code / Article gsp / Title 4 / Subtitle 2 / Section 4-202
§4–202.
Status: in_force

The Secretary shall:

(1) classify skilled service positions, professional service positions, management service positions, and executive service positions;

(2) establish standards and general procedures to be used to classify positions in the skilled service, professional service, management service, and executive service; and

(3) provide advice and guidance on the use of those standards and procedures.
Md. Code, Corporations and Associations § 4A-710 — MD Code / Article gca / Title 4A / Subtitle 7 / Section 4A-710
§4A–710.
Status: in_force

Following a merger involving 1 or more domestic limited liability companies, if the successor limited liability company is not a domestic limited liability company, there shall be included in the articles of merger filed under § 4A-703 of this subtitle for each domestic limited liability company a statement that:

(1) The successor limited liability company agrees that it may be served with process in this State in any action, suit, or proceeding for the enforcement of any obligation of the nonsurviving domestic limited liability company that arose before the merger;

(2) Irrevocably appoints the Department as its agent to accept service of process in any such action, suit, or proceeding described under item (1) of this section; and

(3) Specifies the address to which a copy of the process shall be mailed to it by the Department.
Md. Code, Housing and Community Development § 4-2005 — MD Code / Article ghs / Title 4 / Subtitle 20 / Section 4-2005
§4–2005.
Status: in_force

(a) (1) A person may not knowingly make or cause to be made a false statement or report in a document required to be submitted to the Department under an agreement relating to a Program loan.

(2) A loan applicant may not knowingly make or cause to be made any false statement or report to influence an action of the Department on a Program loan application or a Program loan already made.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $50,000 or both.
Md. Code, Corporations and Associations § 4A-706 — MD Code / Article gca / Title 4A / Subtitle 7 / Section 4A-706
§4A–706.
Status: in_force

(a) The Department shall prepare certificates of merger that specify:

(1) The name of each party to the articles of merger;

(2) The name of the successor and the location of its principal office in this State or, if it has none, its principal place of business; and

(3) The time the articles of merger are accepted for record by the Department.

(b) In addition to any other provision of law with respect to recording, the Department shall send one certificate each to the clerk of the circuit court for each county where the articles of merger show that a merging limited liability company, partnership, limited partnership, corporation, or business trust other than the successor owns an interest in land.

(c) On receipt of the certificate of merger, the clerk promptly shall record it with the land records.
Md. Code, Natural Resources § 4-801 — MD Code / Article gnr / Title 4 / Subtitle 8 / Section 4-801
§4–801.
Status: in_force

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

(b) “Buckram crab” means a crab that has a paper shell.

(c) “Crab” means the blue crab species.

(d) “Green crab” means an under-developed peeler.

(e) “Peeler” means a crab which has a soft shell that is developing under the hard shell, on which there is a white, pink, or red line or rim on the edge of that part of the back fin next to the outer section of this fin.
Md. Code, Natural Resources § 4-1103 — MD Code / Article gnr / Title 4 / Subtitle 11 / Section 4-1103
§4–1103.
Status: in_force

(a) The Department shall take measures which in its judgment seem best calculated to increase the productivity or utility of oyster resources in the State, including:

(1) Identifying and using effective methods of cleaning diseased oyster bars;

(2) Providing clean shell for the bars;

(3) Using hatchery produced oysters to replant sites; and

(4) Applying for a permit to dredge buried oyster shells.

(b) The Department may select and reserve for its own use areas, to be known as seed areas, within the waters of the State for the propagation of seed oysters. The number, size, and location of these areas shall be determined from time to time by the Department. The Department shall, before publication, deliver a notice of reservation, including all applicable reasons for the Department’s act, to the Joint Committee on Administrative, Executive, and Legislative Review and publish the notice not less than 30 days before the closing date of any seed area in one newspaper of general circulation in the State and at least one newspaper of general circulation in each county in which the affected waters are located, and on the website of the Department. The Department shall schedule a public hearing on the proposal not less than 15 days before the proposed closing date. The hearing shall be held at the county seat of the county in which the affected waters are located. If the affected waters are located in more than one county, the hearing shall be held in that county seat closest to the affected waters, but if the area affected is totally within State waters, the hearing shall be held in Annapolis.

(c) The State may sell seed oysters to persons who hold a valid aquaculture or submerged land lease for no less than the prevailing price of seed oysters of similar quality in nearby states. Conditions of sale may be prescribed by rule or regulation of the Department. The proceeds from these sales shall be credited by the Comptroller to the Fisheries Research and Development Fund.

(d) (1) In addition to the provisions of subsections (b) and (c) of this section concerning the establishment of oyster seed areas and the sale of seed oysters to a leaseholder, the Department may:

(i) Sell or remove seed oysters from oyster seed areas if the sale or removal is made under disease protocols; and

(ii) Adopt regulations necessary to implement the provisions of this subsection.

(2) The Department shall credit the proceeds of any sale of seed oysters under this subsection to the Fisheries Research and Development Fund in the Department.

(3) The Department shall:

(i) Sell, at prevailing market prices, seed oysters produced in an aquaculture oyster seed area to a person who holds a valid lease issued under Subtitle 11A of this title, or an aquaculture permit to cultivate shellfish; and

(ii) Use any revenue derived from the sale of seed oysters to reimburse the Fisheries Research and Development Fund for any expenditure needed to create the aquaculture oyster seed areas under this subsection.
Md. Code, Commercial Law § 4-109 — MD Code / Article gcl / Title 4 / Subtitle 1 / Section 4-109
§4–109.
Status: in_force

(a) Unless otherwise instructed, a collecting bank in a good faith effort to secure payment of a specific item drawn on a payor other than a bank, and with or without the approval of any person involved, may waive, modify, or extend time limits imposed or permitted by Titles 1 through 10 of this article for a period not exceeding two additional banking days without discharge of drawers or indorsers or liability to its transferor or a prior party.

(b) Delay by a collecting bank or payor bank beyond time limits prescribed or permitted by this article, or by instructions is excused if (i) the delay is caused by interruption of communication or computer facilities, suspension of payments by another bank, war, emergency conditions, failure of equipment, or other circumstances beyond the control of the bank, and (ii) the bank exercises such diligence as the circumstances require.
Md. Code, Family Law § 4-501 — MD Code / Article gfl / 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) “Abuse” means any of the following acts:

(i) an act that causes serious bodily harm;

(ii) an act that places a person eligible for relief in fear of imminent serious bodily harm;

(iii) assault in any degree;

(iv) rape or sexual offense under § 3–303, § 3–304, § 3–307, or § 3–308 of the Criminal Law Article or attempted rape or sexual offense in any degree;

(v) false imprisonment;

(vi) stalking under § 3–802 of the Criminal Law Article; or

(vii) revenge porn under § 3–809 of the Criminal Law Article.

(2) (i) If the person for whom relief is sought is a child, “abuse” may also include abuse of a child, as defined in Title 5, Subtitle 7 of this article.

(ii) Nothing in this subtitle shall be construed to prohibit reasonable punishment, including reasonable corporal punishment, in light of the age and condition of the child, from being performed by a parent or stepparent of the child.

(3) If the person for whom relief is sought is a vulnerable adult, “abuse” may also include abuse of a vulnerable adult, as defined in Title 14, Subtitle 1 of this article.

(c) “Child care provider” means a person that provides supervision and care for a minor child.

(d) “Cohabitant” means a person who has had a sexual relationship with the respondent and resided with the respondent in the home for a period of at least 90 days within 1 year before the filing of the petition.

(e) “Commissioner” means a District Court Commissioner appointed in accordance with Article IV, § 41G of the Maryland Constitution.

(f) “Court” means the District Court or a circuit court in this State.

(g) “Emergency family maintenance” means a monetary award given to or for a person eligible for relief to whom the respondent has a duty of support under this article based on:

(1) the financial needs of the person eligible for relief; and

(2) the resources available to the person eligible for relief and the respondent.

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

(i) “Final protective order” means a protective order issued under § 4–506 of this subtitle.

(j) “Home” means the property in this State that:

(1) is the principal residence of a person eligible for relief; and

(2) is owned, rented, or leased by the person eligible for relief or respondent or, in a petition alleging child abuse or abuse of a vulnerable adult, an adult living in the home at the time of a proceeding under this subtitle.

(k) “Interim protective order” means an order that a Commissioner issues under this subtitle pending a hearing by a judge on a petition.

(l) “Local department” means the local department that has jurisdiction in the county:

(1) where the home is located; or

(2) if different, where the abuse is alleged to have taken place.

(m) “Military protection order” means a protection order issued in accordance with 10 U.S.C. § 1567 by a commanding officer against a person under such officer’s command in:

(1) any branch of the uniformed services of the United States;

(2) the Maryland National Guard; or

(3) the national guard of any other state.

(n) “Person eligible for relief” includes:

(1) the current or former spouse of the respondent;

(2) a cohabitant of the respondent;

(3) a person related to the respondent by blood, marriage, or adoption;

(4) a parent, stepparent, child, or stepchild of the respondent or the person eligible for relief who resides or resided with the respondent or person eligible for relief for at least 90 days within 1 year before the filing of the petition;

(5) a vulnerable adult;

(6) an individual who has a child in common with the respondent;

(7) an individual who has had a sexual relationship with the respondent within 1 year before the filing of the petition; and

(8) an individual who alleges that the respondent committed, within 6 months before the filing of the petition, any of the following acts against the individual:

(i) rape or a sexual offense under § 3–303, § 3–304, § 3–307, or § 3–308 of the Criminal Law Article; or

(ii) attempted rape or sexual offense in any degree.

(o) (1) “Pet” means a domesticated animal.

(2) “Pet” does not include livestock.

(p) (1) “Petitioner” means an individual who files a petition.

(2) “Petitioner” includes:

(i) a person eligible for relief; or

(ii) the following persons who may seek relief from abuse on behalf of a minor or vulnerable adult:

1. the State’s Attorney for the county where the child or vulnerable adult lives, or, if different, where the abuse is alleged to have taken place;

2. the department of social services that has jurisdiction in the county where the child or vulnerable adult lives, or, if different, where the abuse is alleged to have taken place;

3. a person related to the child or vulnerable adult by blood, marriage, or adoption; and

4. an adult who resides in the home.

(q) “Residence” includes the yard, grounds, outbuildings, and common areas surrounding the residence.

(r) “Respondent” means the person alleged in the petition to have committed the abuse.

(s) “Temporary protective order” means a protective order issued under § 4–505 of this subtitle.

(t) “Victim” includes a person eligible for relief.

(u) “Vulnerable adult” has the meaning provided in § 14–101(q) of this article.
Md. Code, Corporations and Associations § 4A-201 — MD Code / Article gca / Title 4A / Subtitle 2 / Section 4A-201
§4A–201.
Status: in_force

A limited liability company may be organized under this title and may conduct activities in any state related to any lawful business, purpose, investment, or activity, whether or not for profit, except the business of acting as an insurer.
Md. Code, Natural Resources § 4-712 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-712
§4–712.
Status: in_force

(a) The owner, tenant, or lessee of any property bordering on tidal waters of the tributaries of the Chesapeake Bay, except the waters of the Great Choptank River, lying in the State, by virtue of his ownership or occupancy, may make first choice of the set or position to place nets or establish a haul seine fishery to catch fish for commercial use in front of the property for which he possesses riparian rights. This section does not permit any riparian owner or anyone acquiring the right of a riparian owner to fish with nets or seine in any manner prohibited by this subtitle.

(b) In any year, any other person may set any net or haul seine in front of the property of a riparian property owner if the owner, tenant, or lessee of the riparian rights does not exercise the privilege of locating the position where he desires to set his nets or haul seine within 20 days after receiving notice from the other person who desires to locate his nets or fishery in front of the riparian owner’s property.

(c) The notice required by this section shall be mailed to the owner, tenant, or lessee of the shore property. If the name and address are unknown, then notice shall be posted for 20 days on a board fastened to a stake driven in the water directly in front of the property and within 300 feet of the shore.

(d) This section does not grant by reason of the notice any right to any fisherman to fish without the permission of the shore owner in water within 1500 feet of any shore used as a resort so as to interfere with bathing or boating.

(e) (1) The notice provisions of this section do not apply in the waters of Baltimore, Caroline, Charles, Dorchester, Prince George’s, St. Mary’s, and Talbot counties where the permission of the shore owner always shall be necessary.

(2) The provisions of this section do not apply to Anne Arundel, Calvert, Cecil, Queen Anne’s, Kent, and Somerset counties.
Md. Code, Health Occupations § 4-103 — MD Code / Article gho / Title 4 / Subtitle 1 / Section 4-103
§4–103.
Status: in_force

(a) Only an individual or individuals licensed by the Board to practice dentistry or a dental professional corporation may own a dental practice.

(b) Only an individual licensed by the Board to practice dentistry may:

(1) Direct the clinical training of a dentist, dental hygienist, or dental assistant who assists in the care and treatment of dental patients;

(2) Direct a dentist, dental hygienist, or dental assistant in providing dental care and treatment to dental patients;

(3) Hire, supervise, or terminate the employment of a dentist, dental hygienist, or dental assistant who provides dental care and treatment to dental patients;

(4) Direct the preparation and maintenance of patient treatment records or exert control of a patient’s or treating dentist’s right of access to patient treatment records; or

(5) Share in the income, revenues, profits, or fees with licensed dentists within the same dental practice.

(c) Except as provided in subsection (b)(5) of this section, a licensed dentist may not share in revenues or split fees.

(d) It is unlawful for any person who is not a licensed dentist to direct, control, or interfere with the independent professional judgment of a dentist or dental hygienist regarding the diagnosis, care, or treatment of a patient’s dental disease, disorder, or physical condition.

(e) Subject to subsections (a), (b), and (c) of this section, this section does not prohibit a dentist or dental professional corporation from entering into an agreement that provides that an unlicensed person may:

(1) Own, lease, or otherwise provide real property or furnishings, equipment, or other goods that are used by a dentist or dental practice;

(2) Provide bookkeeping, accounting, and tax preparation services;

(3) Administer and process payroll of a dental practice;

(4) Provide administrative management of patient treatment records;

(5) Interact with patients and third–party payors for the billing and collections for dental services;

(6) Create and place advertising and marketing, as approved by a licensed dentist;

(7) Provide services to assist in the recruitment of dentists, dental hygienists, and dental assistants for interview and hiring by a licensed dentist within the dental practice;

(8) Hire, supervise, and terminate the employment of nonprofessional office staff, subject to approval by a licensed dentist who has the authority to make that decision;

(9) Except as otherwise provided in subsection (b) of this section, provide and administer all normal and usual human resource–related services to nondental employees;

(10) Determine and assist in the acquisition of information technology;

(11) Provide general property management and maintenance;

(12) Assist in risk management, including legal and regulatory compliance, securing appropriate insurance coverages and policy limits, and the processing of insurance claims;

(13) Provide consulting services relating to productivity, efficiency, and cost management of a dental practice;

(14) Receive compensation in the form of fees negotiated with and approved by the dentist owners of the dental practice that shall be a predetermined fixed fee or fixed compensation and may be based on prior revenues or profits over a preceding period of 12 months or longer; or

(15) Contract with a third party to provide any of the services specified under this subsection.

(f) (1) The requirements of subsections (a) and (b) of this section do not apply to:

(i) A clinic maintained by:

1. A public school;

2. A federal, State, or local government agency or institution;

3. A dental or dental hygiene program that is approved by the Commission on Dental Accreditation (CODA) for an institution of higher education, as defined in § 10–101 of the Education Article; or

4. A charitable organization, as defined in § 6–101 of the Business Regulation Article;

(ii) A federal, State, or local government agency; or

(iii) A nonprofit organization that provides dental services and is:

1. A health care center or program that offers dental services:

A. Free of cost or on a sliding scale fee schedule; and

B. Without regard to an individual’s ability to pay; or

2. A Federally Qualified Health Center or a Federally Qualified Health Center Look–Alike.

(2) Notwithstanding the provisions of paragraph (1) of this subsection:

(i) Each dental hygienist, dental assistant, and dental technician employed by an entity described in paragraph (1) of this subsection shall be subject to the provisions of this title; and

(ii) Each dentist employed by an entity described in paragraph (1) of this subsection shall be licensed and subject to the provisions of Subtitle 3 of this title.
Md. Code, General Provisions § 4-1A-09 — MD Code / Article ggp / Title 4 / Subtitle 1A / Section 4-1A-09
§4–1A–09.
Status: in_force

Compliance by a custodian with an order of the Board:

(1) is not an admission to a violation of this title by the custodian; and

(2) may not be used as evidence in a proceeding conducted in accordance with § 4–362 of this title.
Md. Code, Environment § 4-112 — MD Code / Article gen / Title 4 / Subtitle 1 / Section 4-112
§4–112.
Status: in_force

(a) The Department shall give notice and hold any hearing under this subtitle in accordance with the Administrative Procedure Act.

(b) (1) Any request for a hearing on an order issued under § 4–109(b)(1) of this subtitle or a stop work order under § 4–110(a) of this subtitle or a notice issued under § 4–109(b)(2) of this subtitle shall be made in writing no later than 10 working days after being served with the order.

(2) If a request for a hearing on a stop work order issued under § 4–110(a) of this subtitle is made under this subsection, the Department shall:

(i) Hold the hearing no later than 10 working days after receiving the request; and

(ii) Render a decision within 10 working days after the hearing.

(c) The Department may make a verbatim record of the proceedings of any hearing held under this subtitle.

(d) (1) In connection with any hearing under this subtitle, the Department may:

(i) Subpoena any person or evidence; and

(ii) Order a witness to give evidence.

(2) A subpoenaed witness shall receive the same fees and mileage reimbursement as if the hearing were part of a civil action.

(3) If a person fails to comply with a subpoena or order issued under this subsection, on petition of the Department, a circuit court, by order, may:

(i) Compel obedience to the Department’s order or subpoena; or

(ii) Compel testimony or the production of evidence.

(4) The court may punish as a contempt any failure to obey its order issued under this section.
Md. Code, Criminal Procedure § 4-204 — MD Code / Article gcp / Title 4 / Subtitle 2 / Section 4-204
§4–204.
Status: in_force

(a) In this section, the words “accessory before the fact” and “principal” have their judicially determined meanings.

(b) Except for a sentencing proceeding under § 2–304 of the Criminal Law Article:

(1) the distinction between an accessory before the fact and a principal is abrogated; and

(2) an accessory before the fact may be charged, tried, convicted, and sentenced as a principal.

(c) An accessory before the fact may be charged, tried, convicted, and sentenced for a crime regardless of whether a principal in the crime has been:

(1) charged with the crime;

(2) acquitted of the crime; or

(3) convicted of a lesser or different crime.

(d) If a crime is committed in the State, an accessory before the fact may be charged, tried and convicted, and sentenced in a county where:

(1) an act of accessoryship was committed; or

(2) a principal in the crime may be charged, tried and convicted, and sentenced.
Md. Code, Corporations and Associations § 4-201 — MD Code / Article gca / Title 4 / Subtitle 2 / Section 4-201
§4–201.
Status: in_force

(a) A corporation may elect to be a close corporation under this title by including in its charter a statement that it is a close corporation.

(b) The statement that a corporation is a close corporation shall be:

(1) Contained in the articles of incorporation originally filed with the Department; or

(2) Added to the charter by an amendment which is approved:

(i) Under the provisions of § 2-603 of this article, if at the time of the adoption of the amendment no stock of the corporation is either outstanding or subscribed for; or

(ii) By the affirmative vote of every stockholder and every subscriber for stock of the corporation.
Md. Code, State Finance and Procurement § 4-410.1 — MD Code / Article gsf / Title 4 / Subtitle 4 / Section 4-410.1
§4–410.
Status: in_force

§4–410.1.

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

(2) “Acquired” does not include a building leased by the State.

(3) “State building” means:

(i) a building acquired through any means by the State for use by a State agency or department;

(ii) a building constructed or renovated by or for the State for occupancy by a State agency or department; or

(iii) a building acquired, constructed, or renovated for which more than 50% of the money for the acquisition, construction, or renovation came from State funds.

(b) This section does not apply to:

(1) a public work contract of less than $500,000;

(2) a public work contract for which 50% or less of the funds used for the project are State funds;

(3) a project for which funding is provided in the capital budget as a grant to a nonprofit organization; or

(4) a public school construction project.

(c) (1) Except as provided in paragraph (4) of this subsection, the Department shall establish standards for State buildings to conserve energy and minimize adverse impacts on birds that are consistent with the U.S. Green Building Council’s Innovation Credit for reducing bird collisions and the American Bird Conservancy bird–friendly design recommendations.

(2) The Department shall update the standards developed under paragraph (1) of this subsection every 5 years.

(3) The standards developed under this subsection shall specify that, except where full operation of building lighting is documented as necessary, including for public safety or other purposes, interior and exterior lighting shall be appropriately shielded and minimized from midnight to dawn each day:

(i) from March 1 through May 31, both inclusive; and

(ii) from August 1 through October 31, both inclusive.

(4) The standards established under paragraph (1) of this subsection may not include a requirement for bird collision monitoring.

(5) The Department shall consider the physical health and mental health of building occupants when developing or updating standards under paragraph (1) of this subsection.

(d) Each State building constructed, substantially altered, or acquired by the State shall meet, to the extent practicable and within budgetary constraints as determined by the Department, the standards established under subsection (c) of this section.

(e) The Department shall reduce the lighting of existing State buildings, to the extent practicable and within budgetary constraints as determined by the Department:

(1) in accordance with subsection (c)(3) of this section; and

(2) by using automatic control technologies, which may include timers, photosensors, infrared detectors, and motion detectors.

(f) (1) Subject to paragraph (2) of this subsection, the Maryland Green Building Council shall include the standards established under this section in requirements that the Council establishes for the Maryland High Performance Green Building Program.

(2) Standards included in the Maryland High Performance Green Building Program under this subsection shall apply only to State buildings as defined in this section.

(g) The Secretary shall adopt regulations to carry out the provisions of this section.
Md. Code, Environment § 4-207 — MD Code / Article gen / Title 4 / Subtitle 2 / Section 4-207
§4–207.
Status: in_force

The provisions of this subtitle do not add to the jurisdiction of the Department of Natural Resources.
Md. Code, Housing and Community Development § 4-2706 — MD Code / Article ghs / Title 4 / Subtitle 27 / Section 4-2706
§4–2706.
Status: in_force

The Department shall establish and maintain a registry of all service providers that register under § 4–2703 of this subtitle to provide shelter and supportive services to unaccompanied minors in need of shelter.
Md. Code, State Finance and Procurement § 4-202 — MD Code / Article gsf / Title 4 / Subtitle 2 / Section 4-202
§4–202.
Status: in_force

(a) The head of the Department is the Secretary of General Services, who shall be appointed by the Governor with the advice and consent of the Senate.

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

(c) (1) The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor. The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on those matters.

(2) The Secretary is responsible for the operation of the Department and shall establish guidelines and procedures to promote the orderly and efficient administration of the Department. The Secretary may establish, reorganize, or abolish areas of responsibility in the Department as necessary to fulfill the duties assigned to the Secretary.

(3) The Secretary is responsible for establishing policy to be followed by the units in the Department.

(d) The Secretary is entitled to the salary provided in the State budget.
Md. Code, Health Occupations § 4-304.1 — MD Code / Article gho / Title 4 / Subtitle 3 / Section 4-304.1
§4–304.
Status: in_force

§4–304.1.

To apply for a certificate to be an expanded function dental assistant, an applicant shall:

(1) Submit an application to the Board in a manner that the Board requires; and

(2) Pay to the Board an application fee set by the Board.
Md. Code, Estates and Trusts § 4-520 — MD Code / Article get / Title 4 / Subtitle 5 / Section 4-520
§4–520.
Status: in_force

In applying and construing this subtitle, which is a uniform act, consideration shall be given to the need to promote uniformity of the law with respect to its subject matter among states that enact the provisions of this subtitle.
Md. Code, Financial Institutions § 4-101 — MD Code / Article gfi / Title 4 / Subtitle 1 / Section 4-101
§4–101.
Status: in_force

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

(b) “Mutual holding company” means the corporation which holds more than 50% of the stock of a subsidiary savings bank pursuant to a reorganization under Subtitle 8 of this title.

(c) (1) “Savings bank” means an institution that:

(i) Is incorporated under the laws of this State as a savings bank; and

(ii) Engages only in the business of savings banking.

(2) The term “savings bank” includes a subsidiary savings bank for the purpose of applying the provisions of this article.

(d) “Subsidiary savings bank” means an institution that:

(1) Is incorporated under the laws of this State as a subsidiary savings bank, all of the stock of which is owned by a mutual holding company;

(2) Engages only in the business of savings banking;

(3) Is a member of the Federal Deposit Insurance Corporation; and

(4) Is organized to receive assets and liabilities of a mutual holding company in accordance with this subtitle and Subtitle 9 of this title.
Md. Code, General Provisions § 4-337 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-337
§4–337.
Status: in_force

A custodian shall deny inspection of the part of a public record that contains information:

(1) generated by the bid analysis management system;

(2) concerning an investigation of a transportation contractor’s suspected collusive or anticompetitive activity; and

(3) submitted to the Maryland Department of Transportation by the United States Department of Transportation or by another state.
Md. Code, Local Government § 4-214 — MD Code / Article glg / Title 4 / Subtitle 2 / Section 4-214
§4–214.
Status: in_force

(a) When the public proclamation under § 4–209(d) of this subtitle is made, the county commissioners or county council shall send the information concerning the municipal charter to the Department of Legislative Services, as provided in § 4–109 of this title.

(b) The municipal charter is subject to the requirements of §§ 4–310 and 4–311 of this title.

(c) The exact text of the municipal charter, including any amendments, shall be included in any edition or codification of the municipal charter.
Md. Code, Environment § 4-801 — MD Code / Article gen / Title 4 / Subtitle 8 / Section 4-801
§4–801.
Status: in_force

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

(b) “Compliance assistance” means an action taken by a jurisdiction with delegated authority under Subtitle 1 of this title that:

(1) Corrects a violation before a formal enforcement action is necessary; or

(2) Was voluntarily taken to prevent future violations.

(c) “Critical Area” has the meaning stated in § 8–1802 of the Natural Resources Article.

(d) (1) “Sensitive area” means an area of critical concern.

(2) “Sensitive area” includes:

(i) Buffers, as defined in COMAR 27.01.01.01;

(ii) Habitat protection areas, as defined in COMAR 27.01.01.01;

(iii) Modified buffer areas, as defined in COMAR 27.01.01.01;

(iv) Nontidal wetlands, as defined in COMAR 26.23.01.01;

(v) Tidal wetlands, as defined in COMAR 26.24.01.02;

(vi) 100–year floodplains, as defined in COMAR 08.19.03.01; and

(vii) Stream buffers, as defined in COMAR 08.19.03.01.
Md. Code, Correctional Services § 4-305 — MD Code / Article gcs / Title 4 / Subtitle 3 / Section 4-305
§4–305.
Status: in_force

(a) After transfer of an incarcerated individual to the Institution for treatment as an eligible person but before expiration of the incarcerated individual’s sentence, the Board of Review may grant a parole from the Institution for a period not exceeding 1 year if the Board of Review concludes that the parole:

(1) will not impose an unreasonable risk on society; and

(2) will assist in the remediation of the eligible person.

(b) (1) Except as provided in paragraph (2) of this subsection:

(i) an incarcerated individual sentenced to life imprisonment after being convicted of a crime committed before October 1, 2021, is not eligible for parole consideration until the incarcerated individual has served 15 years or the equivalent of 15 years when considering allowances for diminution of the incarcerated individual’s period of confinement as provided under Title 3, Subtitle 7 of this article and § 6–218 of the Criminal Procedure Article; and

(ii) an incarcerated individual who has been sentenced to life imprisonment after being convicted of a crime committed on or after October 1, 2021, is not eligible for parole consideration until the incarcerated individual has served 20 years or the equivalent of 20 years when considering allowances for diminution of the incarcerated individual’s period of confinement as provided under Title 3, Subtitle 7 of this article and § 6–218 of the Criminal Procedure Article.

(2) An incarcerated individual sentenced to life imprisonment as a result of a proceeding under former § 2–303 or § 2–304 of the Criminal Law Article is not eligible for parole consideration until the incarcerated individual has served 25 years or the equivalent of 25 years when considering allowances for diminution of the incarcerated individual’s period of confinement as provided under Title 3, Subtitle 7 of this article and § 6–218 of the Criminal Procedure Article.

(c) (1) The Board of Review may:

(i) attach reasonable conditions to parole granted under this section;

(ii) make reasonable and appropriate modifications of the conditions at any time; and

(iii) revoke the parole if the Board of Review finds that the individual has violated a condition of the parole.

(2) The Board of Review:

(i) shall review an individual’s status before the expiration of the parole period; and

(ii) may extend the parole.

(d) (1) The Board of Review shall mail to the victim written notice of an eligible person’s parole hearing.

(2) Before the Board of Review decides whether to grant parole to an eligible person, the Board of Review shall give the victim a reasonable opportunity to comment on the parole in writing or to present oral testimony in the manner that the Board of Review establishes by regulation.

(3) The Board of Review promptly shall notify the victim of the decision of the Board of Review regarding parole.

(4) The victim may designate, in writing to the Board of Review, the name and address of a representative who is a resident of the State to receive notice for the victim.

(5) The Board of Review shall delete the victim’s address and phone number from a document before the Board of Review allows examination of the document by the eligible person or the eligible person’s representative.

(e) The Board of Review may not release an eligible person on parole until the Secretary approves the parole decision.

(f) (1) If an individual has completed successfully 3 years on parole without violation and the Board of Review concludes that the individual is safe to be permanently released, the Board of Review, through the Director, may petition the court that last sentenced the individual to:

(i) suspend the individual’s remaining sentence and terminate parole supervision on the conditions the court considers appropriate; or

(ii) vacate the individual’s remaining sentence.

(2) (i) The Director shall serve notice of the petition on the victim and the State’s Attorney who last prosecuted the individual.

(ii) The State’s Attorney shall be a party to the proceeding.

(3) After a hearing, the court may either grant or deny the relief requested in the petition.
Md. Code, Estates and Trusts § 4-519 — MD Code / Article get / Title 4 / Subtitle 5 / Section 4-519
§4–519.
Status: in_force

(a) (1) On request of a procurement organization, OCME shall release to the procurement organization the name, contact information, and available medical and social history of a decedent whose body is under the jurisdiction of OCME.

(2) If a body or part of a decedent is medically suitable for transplantation, therapy, research, or education, OCME shall release postmortem examination results to the procurement organization that made a request under paragraph (1) of this subsection.

(3) If relevant to transplantation or therapy, a procurement organization may make a subsequent disclosure of the postmortem examination results or other information received from OCME.

(b) OCME may conduct a postmortem examination by reviewing medical records, laboratory test results, X–rays, other diagnostic results, and other information that OCME determines may be relevant to the examination.

(c) A person that has information requested by OCME in accordance with subsection (b) of this section, shall provide the information as expeditiously as possible to allow OCME to conduct the postmortem examination within a period compatible with the preservation of parts for the purpose of transplantation, therapy, research, or education.

(d) OCME and a procurement organization shall cooperate in the timely removal of a part from a decedent if:

(1) An anatomical gift has been or might be made of a part of the decedent whose body is under the jurisdiction of OCME and a postmortem examination is not required; or

(2) OCME determines that a postmortem examination is required but that the recovery of the part that is the subject of the anatomical gift will not interfere with the examination.

(e) (1) OCME and procurement organizations shall enter into an agreement setting forth protocols and procedures to govern relations between the parties when an anatomical gift of a part from a decedent under the jurisdiction of OCME has been or might be made, but OCME believes that the recovery of the part could interfere with the postmortem examination into the decedent’s cause or manner of death.

(2) Decisions regarding the recovery of organs, tissue, and eyes under this subsection shall be made in accordance with the agreement described in paragraph (1) of this subsection.

(3) If OCME denies recovery of an anatomical gift, the procurement organization may request that OCME reconsider the denial and allow the recovery to proceed.

(4) The parties shall evaluate the effectiveness of the protocols and procedures agreed to under this subsection at regular intervals, but no less frequently than every 2 years.

(f) If OCME or a designee allows recovery of a part under subsection (d) or (e) of this section, on request, the procurement organization shall cause the physician or technician who removes the part to provide OCME with a record describing the condition of the part, a biopsy, a photograph, and any other information and observations that would assist in the postmortem examination.

(g) If OCME or a designee is required to be present at a removal procedure under subsection (e) of this section, on request, the procurement organization requesting the recovery of the part shall reimburse OCME or a designee for the additional costs incurred in complying with subsection (f) of this section.
Md. Code, Economic Development § 4-304 — MD Code / Article gec / Title 4 / Subtitle 3 / Section 4-304
§4–304.
Status: in_force

(a) The Office shall implement a program to promote the production of motion pictures and television programs in the State.

(b) The Office shall:

(1) prepare and distribute promotional and informational materials that address:

(i) desirable locations in the State to produce motion pictures and television programs;

(ii) the benefits and advantages of producing motion pictures and television programs in the State; and

(iii) the services and assistance available from State government, local government, and the motion picture and television industry;

(2) assist motion picture and television companies to secure location permits and other services in connection with motion picture and television production; and

(3) facilitate cooperation from federal, State, and local governmental units and the private sector in locating and producing motion pictures and television programs.
Md. Code, Family Law § 4-701 — MD Code / Article gfl / Title 4 / Subtitle 7 / Section 4-701
§4–701.
Status: in_force

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

(b) “Abuse” has the meaning stated in § 4-501(b)(1) of this title.

(c) “Domestic violence” means abuse occurring between:

(1) current or former spouses or cohabitants;

(2) persons who have a child in common; or

(3) persons currently or formerly involved in a dating relationship.

(d) “Domestic violence program” is a program established in accordance with § 4-515 of this title.

(e) “Local team” means the multidisciplinary and multiagency domestic violence fatality review team established for a county in accordance with this subtitle.

(f) “Serious physical injury” has the meaning stated in § 3-201 of the Criminal Law Article.
Md. Code, Health Occupations § 4-304 — MD Code / Article gho / Title 4 / Subtitle 3 / Section 4-304
§4–304.
Status: in_force

(a) To apply for a license, an applicant shall:

(1) Submit an application to the Board on the form that the Board requires; and

(2) Pay to the Board an application fee set by the Board.

(b) In addition to the other requirements of this section, an applicant for a limited license to practice dentistry shall submit to the Board a written request, from the hospital, sanatorium, dental school, or public health program to which the practice is to be limited, that the license be issued.

(c) To apply for a retired volunteer dentist’s license, a volunteer dentist’s license, or a temporary volunteer dentist’s license to practice dentistry, an applicant:

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

(2) May not be required to pay an application fee.

(d) (1) At least 30 days before the examination, an applicant for a general license to practice dental hygiene shall submit the application to the Board.

(2) In addition to the other requirements of this section, an applicant for a license to practice dental hygiene shall submit to the Board:

(i) Satisfactory evidence of graduation from a dental hygiene program accredited by the American Dental Association Commission on Dental Accreditation; and

(ii) Any other credentials that the Board requires.

(e) To apply for a retired volunteer dental hygienist’s license, a volunteer dental hygienist’s license, or a temporary volunteer dental hygienist’s license to practice dental hygiene, an applicant:

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

(2) May not be required to pay an application fee.

(f) To apply for a temporary dental clinic permit, an applicant:

(1) Shall submit an application on the form that the Board requires; and

(2) May not be required to pay an application fee.
Md. Code, Corporations and Associations § 4A-205 — MD Code / Article gca / Title 4A / Subtitle 2 / Section 4A-205
§4A–205.
Status: in_force

(a) If any document filed with the Department under this title contains any typographical error, error of transcription, or other technical error or has been defectively executed, the document may be corrected by the filing of a certificate of correction.

(b) A certificate of correction shall set forth:

(1) The title of the document being corrected;

(2) The name of each party to the document being corrected;

(3) The date that the document being corrected was filed; and

(4) The provision in the document as previously filed and as corrected and, if execution of the document was defective, the manner in which it was defective.

(c) A certificate of correction may not make any other change or amendment that would not have complied in all respects with the requirements of this article at the time the document being corrected was filed.

(d) A certificate of correction shall be executed in the same manner in which the document being corrected was required to be executed.

(e) A certificate of correction may not:

(1) Change the effective date of the document being corrected; or

(2) Affect any right or liability accrued or incurred before its filing, except that any right or liability incurred by reason of the error or defect being corrected shall be extinguished by the filing if the person having the right has not detrimentally relied on the original document.
Md. Code, Education § 4-131 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-131
§4–131.
Status: in_force

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

(2) (i) “Covered information” means information or material that, alone or in combination with other information or material, is linked or could be linked to a student in a manner that would allow an employee or a student of the student’s school to identify the student with reasonable certainty.

(ii) “Covered information” includes a student’s:

1. Educational records as defined in § 7–1303 of this article;

2. First and last name;

3. Home address and geolocation information;

4. Telephone number;

5. Electronic mail address or other information that allows physical or online contact;

6. Test results, grades, and student evaluations;

7. Special education information;

8. Criminal records;

9. Medical records and health records;

10. Social Security number;

11. Biometric information;

12. Socioeconomic information;

13. Food purchases;

14. Political and religious affiliations;

15. Text messages;

16. Student identifiers;

17. Search activity;

18. Photos;

19. Voice recordings;

20. Disciplinary information;

21. Online behavior or usage of applications when linked or linkable to a specific student;

22. Persistent unique identifiers; and

23. Confidential information as defined by the Department of Information Technology.

(3) (i) “Operator” means an individual or an entity who engages with institutions under the school official exception of the federal Family Educational Rights and Privacy Act and is operating in accordance with a contract or an agreement with a public school or local school system in the State to provide an Internet website, an online service, an online application, or a mobile application that:

1. Processes covered information; and

2. A. Is used for a PreK–12 school purpose; or

B. Is issued at the direction of a public school, a teacher, or any other employee of a public school, local school system, or the Department.

(ii) “Operator” includes a division of a parent entity if the division:

1. Serves education clients; and

2. Does not share covered information with the parent entity.

(4) (i) “Persistent unique identifier” means an identifier that can be used to identify, recognize, track, single out, or make references about a student enrolled in prekindergarten through grade 12, the parent or guardian of the student, and any other student of whom the parent or guardian has custody.

(ii) “Persistent unique identifier” includes:

1. Cookie identifiers;

2. Customer numbers;

3. Device identifiers;

4. Hashed e–mail addresses;

5. Hashed phone numbers;

6. Identifiers generated through probabilistic methods;

7. Mobile ad identifiers;

8. Unique pseudonyms; and

9. User aliases.

(5) (i) “PreK–12 school purpose” means an activity that:

1. Takes place at the direction of a public school, a teacher, an administrator, or a local school system; or

2. Aids in the administration of public school activities.

(ii) “PreK–12 school purpose” includes:

1. Instruction in the classroom;

2. Home instruction;

3. Administrative activities;

4. Collaboration among students, public school employees, and parents;

5. Maintaining, developing, supporting, improving, or diagnosing the operator’s site, service, or application; and

6. An activity that is for the use and benefit of the public school.

(6) (i) “Targeted advertising” means presenting advertisements to an individual student that are selected based on information obtained or inferred from the student’s covered information.

(ii) “Targeted advertising” does not include advertisements presented to an individual student at an online location:

1. Based on the student’s current visit to the online location if there is no collection or retention of the student’s covered information over time; or

2. In response to a single search query if there is no collection or retention of the student’s covered information over time.

(b) This section does not apply to a general audience Internet website, general audience online service, general audience online application, or general audience mobile application, even if log–in credentials created for an operator’s site, service, or application may be used to access the general audience site, service, or application.

(c) An operator shall:

(1) Protect covered information from unauthorized access, destruction, use, modification, or disclosure;

(2) Implement and maintain reasonable security procedures and practices to protect covered information; and

(3) If covered information is under the authority of a public school or local school system in accordance with a contract or an agreement, delete within a reasonable time the covered information if the public school or local school system requests deletion of the covered information.

(d) (1) An operator may not knowingly engage in any of the following activities with respect to the operator’s site, service, or application:

(i) Engage in targeted advertising if the advertising is based on information, including covered information and persistent unique identifiers, that the operator has acquired because of the use of the operator’s site, service, or application;

(ii) Except in furtherance of a PreK–12 school purpose, use information, including covered information and persistent unique identifiers, created or gathered by the operator’s site, service, or application, to make a profile about a student;

(iii) Subject to paragraph (2) of this subsection and except as provided in subsection (f) of this section, sell a student’s information; or

(iv) Except as provided in subsection (e) of this section, disclose covered information.

(2) Nothing in this subsection shall be construed to prohibit the operator’s use of information for maintaining, developing, supporting, improving, or diagnosing the operator’s site, service, or application.

(3) For purposes of paragraph (1)(ii) of this subsection, making a profile of a student does not include the collection and retention of account information that remains under the authority of a student, a student’s parent or guardian, a public school, or a local school system.

(e) Notwithstanding subsection (d)(1)(iv) of this section, an operator may disclose a student’s covered information:

(1) If the disclosure is made only in furtherance of the PreK–12 school purpose of the site, service, or application and the recipient of the covered information:

(i) Does not further disclose the information; and

(ii) Is legally required to comply with subsections (c) and (d)(1) of this section;

(2) To ensure legal or regulatory compliance;

(3) To take precautions against liability;

(4) To respond to or participate in judicial process;

(5) To protect the safety of users or others or the security or integrity of the site, service, or application;

(6) To a service provider, provided the operator contractually:

(i) Prohibits the service provider from using any covered information for any purpose other than providing the contracted service to, or on behalf of, the operator;

(ii) Except for a purpose expressly permitted under this subsection, prohibits the service provider from disclosing covered information provided by the operator with a third party; and

(iii) Requires the service provider to comply with the requirements of subsections (c) and (d)(1)(i) through (iii) of this section;

(7) If subsection (d)(1)(i) through (iii) of this section is not violated;

(8) If federal or State law requires the operator to disclose the information, and the operator complies with the requirements of federal and State law in protecting and disclosing the information;

(9) For a legitimate research purpose as:

(i) Required by federal or State law; or

(ii) Allowed by federal or State law and under the direction of a public school, local school system, or the Department, if a student’s covered information is not used for advertising or to make a profile on the student for a purpose other than a PreK–12 school purpose; or

(10) To a State or local education agency, including public schools and local school systems, for a PreK–12 school purpose, as permitted by federal and State law.

(f) If an operator of a site, a service, or an application used for a PreK–12 school purpose is merged with or acquired by another entity, the successor entity is subject to this section for previously collected covered information.

(g) Nothing in this section prohibits an operator from:

(1) Using aggregated or de–identified covered information:

(i) To develop or improve an educational product or service within any site, service, or application the operator owns; or

(ii) To demonstrate the effectiveness of the operator’s products or services; or

(2) Sharing aggregated or de–identified covered information for the development or improvement of educational sites, services, or applications.

(h) (1) Except for subsection (d)(1)(iii) of this section and subject to paragraph (2) of this subsection, nothing in subsections (d) and (e) of this section may be construed to prohibit the use or disclosure of a student’s covered information by an operator.

(2) An operator may use or disclose covered information under paragraph (1) of this subsection if the operator:

(i) Provided clear and conspicuous notice of the use or disclosure of the student’s covered information to the student or the student’s parent or guardian; and

(ii) Obtained the affirmative consent of the student, if the student is at least 18 years old, or the student’s parent or guardian to use or disclose the student’s covered information.

(i) This section may not be construed to limit the authority of a law enforcement agency to obtain content or information from an operator as authorized by federal or State law or in accordance with an order of a court of competent jurisdiction.

(j) This section does not limit the ability of an operator to:

(1) Use a student’s covered information for adaptive learning or customized student learning purposes;

(2) Use recommendation engines to recommend to a student additional content or services relating to an educational, other learning, or employment opportunity purpose within an operator’s site, service, or application if the recommendation is not determined in whole or in part by payment or other consideration from a third party;

(3) Respond to a student’s search query, other request for information, or request for feedback if the information or response is not determined in whole or in part by payment or other consideration from a third party; or

(4) Use or retain covered information to:

(i) Ensure legal or regulatory compliance; or

(ii) Take precautions against liability.

(k) This section may not be construed to prohibit an operator of an Internet website, an online service, an online application, or a mobile application from marketing educational products directly to parents if the marketing was not a result of the use of covered information obtained by the operator through the provision of services covered under this section.

(l) This section may not be construed to impose a duty on a provider of an electronic store, a gateway, a marketplace, or any other means of purchasing or downloading software or applications to review or enforce compliance of this section.

(m) This section may not be construed to impose a duty on a provider of an interactive computer service, as defined in Chapter 5, Title 47 of the United States Code, to review or enforce compliance with this section by third–party content providers.

(n) This section may not be construed to impede the ability of students to download, export, transfer, or otherwise save or maintain their own data or documents.

(o) The provisions of this section may not be construed to prohibit an Internet service provider from providing Internet connectivity to public schools, students, or students’ families.
Md. Code, Housing and Community Development § 4-255 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-255
§4–255.
Status: in_force

(a) A person may not knowingly make or cause to be made a false statement or report in a document required to be submitted to the Administration by an agreement relating to a loan.

(b) A person applying for a loan may not knowingly make or cause to be made a false statement or report to influence the action of the Administration on a loan application or to influence an action of the Administration affecting a loan already made.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $50,000 or both.
Md. Code, Environment § 4-309 — MD Code / Article gen / Title 4 / Subtitle 3 / Section 4-309
§4–309.
Status: in_force

Notwithstanding present planning, zoning, or subdivision controls, a permit may not be issued for grading or constructing any building, unless the grading or constructing is pursuant to any plan approved as provided in § 4–308 of this subtitle.
Md. Code, Housing and Community Development § 4-1809 — MD Code / Article ghs / Title 4 / Subtitle 18 / Section 4-1809
§4–1809.
Status: in_force

With the consent of the Department, in appropriate circumstances, a qualifying local government may extend the income eligibility limits for a workforce housing unit developed with Program funds to include a household of low or moderate income.
Md. Code, Public Utilities § 4-308 — MD Code / Article gpu / Title 4 / Subtitle 3 / Section 4-308
§4–308.
Status: in_force

(a) On or before January 1, 2023, the Commission shall by regulation or order establish an administrative process to approve supply offers for electricity or gas for households in the State that receive energy assistance through a program administered by the Office of Home Energy Programs.

(b) (1) Beginning July 1, 2023, unless the Commission has approved the supply offer in accordance with subsection (a) of this section, a third–party retail supplier may not offer to:

(i) provide electricity or gas to households in the State that have received energy assistance during the previous fiscal year;

(ii) renew a contract to provide electricity or gas to households in the State that are enrolled in an energy assistance program; or

(iii) charge a termination fee to households in the State that have received energy assistance during the previous fiscal year.

(2) An approved supply offer from a third–party retail supplier shall include a commitment, for the entirety of the term of the supply offer, to charging at or below the standard offer service rate or gas commodity rate for customers receiving energy assistance.

(3) If a third–party retail supplier’s offer is not approved by the Commission, the third–party retail supplier may not:

(i) receive funds from an energy program administered by the Office of Home Energy Programs; or

(ii) charge a customer receiving assistance from an energy program administered by the Office of Home Energy Programs.

(c) The Office of Home Energy Programs may allocate funding toward supplier charges as part of arrearage assistance for contracts that preceded a customer’s application for energy assistance from the Office of Home Energy Programs.

(d) (1) On or before September 1 each year, the Commission shall publish a report on the Commission’s website that includes:

(i) the names and the total number of suppliers that applied for approval to sell to energy assistance households;

(ii) the names and the total number of suppliers that were approved under subsection (a) of this section;

(iii) the total number of suppliers that were rejected, if any;

(iv) the total number of energy assistance households that were signed up with a third–party supplier, as reported by the supplier;

(v) the total number of submitted supplier enrollments that were denied because the supplier was not approved to serve energy assistance households, as reported by the utility; and

(vi) the total number of self–identified energy assistance households that filed complaints about their third–party supplier.

(2) The Commission shall send a copy of the report to the Office of People’s Counsel, the Office of Home Energy Programs, and, subject to § 2–1257 of the State Government Article, the Senate Finance Committee and the House Economic Matters Committee.
Md. Code, Land Use § 4-503 — MD Code / Article glu / Title 4 / Subtitle 5 / Section 4-503
§4–503.
Status: in_force

(a) It is the policy of the State to promote and encourage the creation of accessory dwelling units on land with a single–family detached dwelling unit as the primary dwelling unit in order to meet the housing needs of the citizens of Maryland.

(b) (1) Except as provided in this subtitle and subject to paragraph (2) of this subsection, this subtitle does not alter or abrogate any zoning power or related authority granted to a local jurisdiction under this title.

(2) Local jurisdictions shall establish policies that further the intent of this subtitle.
Md. Code, Correctional Services § 4-205 — MD Code / Article gcs / Title 4 / Subtitle 2 / Section 4-205
§4–205.
Status: in_force

(a) There is a Board of Review for the Institution.

(b) The Board of Review consists of the following nine members:

(1) the Director;

(2) the two associate directors;

(3) the warden; and

(4) five members of the public, one of whom is a member of a victim’s rights organization, appointed by the Governor with the advice and consent of the Senate.

(c) The Governor shall designate the chair of the Board of Review.

(d) (1) Seven members of the Board of Review, including at least three public members, constitute a quorum.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, each action of the Board of Review requires the approval of five members.

(ii) A decision to grant parole, work release, or leave to an eligible person requires the approval of seven members of the Board of Review.

(e) (1) Employees of the Institution who are members of the Board of Review or who attend meetings of or work as advisors to the Board of Review shall serve in that capacity as part of their regular duties without additional compensation.

(2) The members of the Board of Review appointed from the public are entitled to compensation as provided in the State budget.

(f) The term of a member of the Board of Review appointed from the public is 4 years.

(g) The Board of Review shall perform the duties set forth in this title.
Md. Code, Natural Resources § 4-1201 — MD Code / Article gnr / Title 4 / Subtitle 12 / Section 4-1201
§4–1201.
Status: in_force

(a) Except as otherwise specifically provided in this title, a person who violates any provision of this title is guilty of a misdemeanor and, upon conviction, is subject to a fine not exceeding $1,000, with costs imposed in the discretion of the court.

(b) Unless another penalty is specifically provided elsewhere in this title, any person found guilty of a second or subsequent violation of any provision of this title is subject to a fine not exceeding $2,000, or imprisonment not exceeding one year, or both, with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is one which has occurred within two years of any prior violation of this title.

(c) In addition to any administrative penalty provided in this title, violation of any rule or regulation adopted by any unit within the Department pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.

(d) (1) In addition to any other applicable penalty set forth in subsections (a) and (b) of this section, a person who violates any provision of this title or any regulations adopted by the Secretary under the authority of this title concerning the taking of or creel limits for striped bass, commonly known as rockfish, shall be subject to the following penalties:

(i) For a first violation, a fine not exceeding $1,500 per fish;

(ii) For a second violation, within a 2–year period, a fine not exceeding $2,500 per fish and revocation of the fishing license for a period not less than 1 year but not more than 2 years; and

(iii) For a third violation within a 4–year period, a fine not exceeding $2,500 per fish and revocation of the fishing license for a period not less than 2 years but not more than 5 years.

(2) In addition to any other penalty provided under this title, a person who commits any of the following violations, and the violation results in the unlawful capture of over $20,000 worth of striped bass as determined by the proceeds of the unlawful capture, is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years:

(i) Using unlawful gear;

(ii) Harvesting during closed seasons;

(iii) Harvesting from a closed area;

(iv) Violating established harvest, catch, or size limits; or

(v) Violating tagging and reporting requirements.

(e) A common carrier transporting fish who is not the buyer, seller, or catcher of the fish or is not controlled by the buyer, seller, or catcher of the fish is not subject to any penalty under this section for transporting fish which is either unlawfully caught or of unlawful size provided that the operator of the common carrier has in his possession a valid bill of lading, stating the origin, shipper, destination and receiver of the fish and the common carrier does not know or have reason to know that the fish were unlawfully caught or of unlawful size.

(f) In addition to any other applicable penalty set forth in this title, a person who unlawfully takes oysters from a leased oyster bottom, an oyster sanctuary, an oyster reserve, or an area closed to shellfish harvest by the Department of the Environment, when the area is designated and marked by buoys or other signage or the person knew or should have known that taking the oysters from the area was unlawful, is subject to a fine not exceeding $3,000.

(g) (1) If a person is convicted of violating any provision of this title and the violation causes or results in the injury, death, or destruction of any fish, including a protected species of animal, in addition to any other penalty provided in this title, the Secretary may order the person to pay restitution to the Department for the resource value of the fish, as determined by the regulations adopted by the Department under paragraph (2) of this subsection.

(2) The Department, in consultation with the Tidal Fisheries Advisory Commission and the Sport Fisheries Advisory Commission, shall adopt regulations that establish a schedule of resource values for individual species.

(3) If two or more defendants are convicted for the same violation causing or resulting in the injury, death, or destruction of protected species of animals, the court may impose restitution against the defendants jointly and equally.

(4) (i) Restitution under this section shall be paid within 30 days or a time prescribed by regulation.

(ii) In each instance, restitution paid under this section shall be credited to the Department to be used only for the replacement, habitat management, or enforcement programs for injured, killed, or destroyed fish or protected species of animals.

(h) In addition to any other applicable penalty under this title, a person who violates § 4–708(a)(1) of this title (Committing separate commercial fishing violation while license or authorization is suspended or revoked) or § 4–708(a)(2) of this title (Engaging in commercial fishing activity without holding appropriate license or authorization) is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine not exceeding $25,000 or both, with costs imposed in the discretion of the court.
Md. Code, State Finance and Procurement § 4-410 — MD Code / Article gsf / Title 4 / Subtitle 4 / Section 4-410
§4–410.
Status: in_force

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

(2) (i) “Assembly area” means a building or facility, or any portion of a building or facility, that:

1. is used for the purpose of entertainment, education, or civic gatherings; and

2. requires the use of a public address system.

(ii) “Assembly area” includes:

1. an amphitheater, an arena, and a stadium;

2. an auditorium;

3. a center for the performing arts;

4. a classroom and a lecture hall;

5. a concert hall;

6. a convention center;

7. a courtroom;

8. a legislative chamber;

9. a movie theater, a theater, and a playhouse; and

10. a public hearing and meeting room.

(iii) “Assembly area” does not include any outdoor area.

(3) “Assistive listening system” means an amplification system using transmitters to bypass the acoustical space between a sound source and a listener by means of a wireless direct connection, such as a hearing induction loop system, that couples to a:

(i) personal hearing device; or

(ii) receiver, such as a hearing induction loop receiver or other similar technology.

(4) “Construction or renovation” includes:

(i) construction;

(ii) reconstruction; and

(iii) renovation.

(5) “Hearing induction loop” means a hearing loop or T–loop system that takes a sound source and transfers it directly via a magnetic signal to:

(i) a hearing aid;

(ii) a cochlear implant;

(iii) a hearing induction loop receiver; or

(iv) any other personal hearing device that acts as a receiver.

(6) “Recipient of State funds” means any of the following that receive State money for the construction or renovation of an assembly area:

(i) a unit of State government;

(ii) a unit of local government; or

(iii) a for–profit or nonprofit entity or association.

(b) (1) A recipient of State funds shall install an assistive listening system in an assembly area during the construction or renovation of the assembly area if:

(i) the assembly area uses or requires the use of a public address system; and

(ii) a State contract has been executed to enable construction or renovation of the assembly area.

(2) (i) A recipient of State funds may apply for a waiver from the requirement under paragraph (1) of this subsection if:

1. the recipient claims that an assistive listening system is not technologically feasible; or

2. there is a dispute regarding whether the requirements of paragraph (1) of this subsection apply to a construction or renovation project.

(ii) A waiver request under subparagraph (i) of this paragraph shall include a description of the alternative assistive listening technology the recipient will use to comply with the Americans with Disabilities Act.

(c) (1) There is a Hearing Accessibility Advisory Board.

(2) (i) The Secretary shall appoint the members of the Board.

(ii) The Board shall consist of:

1. individuals who have expertise in assistive listening systems; and

2. consumers who use assistive listening systems.

(3) The Board shall:

(i) consult with stakeholders who are State residents who use or will use the facilities being built or renovated, including:

1. individuals with hearing loss; and

2. organizations that represent people with hearing loss and have background experience and knowledge of the use of assistive listening systems and devices;

(ii) make recommendations for regulations implementing this section;

(iii) consider applications for waivers submitted under subsection (b)(2) of this section; and

(iv) monitor compliance with this section and investigate any complaints regarding noncompliance.

(d) The Department shall adopt regulations to carry out this section, including regulations regarding:

(1) proper maintenance and training of staff;

(2) adequate signage; and

(3) a requirement for facilities to provide receivers that can use the technology for individuals who do not have a personal hearing device or do not have a hearing device with a telecoil or other built–in receiver.

(e) This section does not require State agencies or recipients of State funds to retrofit existing facilities that are not undergoing renovation.

(f) (1) (i) A person may bring a civil action for a violation of this section or if the person has reasonable grounds for believing that this section will be violated.

(ii) A person may not be required to take any other action before bringing a civil action under subparagraph (i) of this paragraph for a potential violation of this section if the person has actual notice that a recipient of State funds does not intend to comply with the requirements of this section.

(2) In a civil action brought under paragraph (1)(i) of this subsection, the court may:

(i) grant any equitable relief that the court considers appropriate, including:

1. temporary, preliminary, or permanent relief;

2. providing an auxiliary aid or service;

3. requiring a modification of policy, practice, or procedure; and

4. making facilities readily accessible to and usable by individuals with disabilities;

(ii) assess a civil penalty against the recipient of State funds; or

(iii) award any other relief the court considers to be appropriate.

(3) If a court orders injunctive relief under paragraph (1) of this subsection, the order shall include a requirement that the facilities be altered to make the facilities readily accessible to and usable by individuals with disabilities to the extent required by this section.
Md. Code, Business Regulation § 4-412 — MD Code / Article gbr / Title 4 / Subtitle 4 / Section 4-412
§4–412.
Status: in_force

(a) An athlete agent shall retain the following records for a period of 5 years:

(1) the name of each individual represented by the athlete agent;

(2) the address of each individual represented by the athlete agent;

(3) any agency contract entered into by the athlete agent; and

(4) any direct costs incurred by the athlete agent in the recruitment or solicitation of a student-athlete to enter into an agency contract.

(b) Records required to be retained by subsection (a) of this section are open to inspection by the Secretary during normal business hours.
Md. Code, Health Occupations § 4-508 — MD Code / Article gho / Title 4 / Subtitle 5 / Section 4-508
§4–508.
Status: in_force

(a) In this section, “Dental Hygiene Well–Being Committee” means the committee of the Maryland Dental Hygienists’ Association that evaluates and provides assistance to any dental hygienist, dental radiation technologist, or dental assistant in need of treatment and rehabilitation for alcoholism, drug abuse, chemical dependency, or other physical, emotional, or mental condition.

(b) The Maryland Dental Hygienists’ Association shall appoint the members of the Dental Hygiene Well–Being Committee.

(c) The Board shall fund the budget of the Dental Hygiene Well–Being Committee as provided in § 4–207 of this title.

(d) The Legislative Auditor shall audit the accounts and transactions of the Dental Hygiene Well–Being Committee as provided in § 2–1220 of the State Government Article.

(e) (1) Except as otherwise provided in this subsection, the proceedings, records, and files of the Dental Hygiene Well–Being Committee are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being or have been reviewed and evaluated by the Dental Hygiene Well–Being Committee.

(2) Paragraph (1) of this subsection does not apply to any record or document that is considered by the Dental Hygiene Well–Being Committee and that otherwise would be subject to discovery or introduction into evidence in a civil action.

(3) For purposes of this subsection, civil action does not include a proceeding before the Board or judicial review of a proceeding before the Board.

(f) A person who acts in good faith and within the scope of jurisdiction of a Dental Hygiene Well–Being Committee is not civilly liable for any action as a member of the Dental Hygiene Well–Being Committee or for giving information to, participating in, or contributing to the function of the Well–Being Committee.
Md. Code, Corporations and Associations § 4A-1302 — MD Code / Article gca / Title 4A / Subtitle 13 / Section 4A-1302
§4A–1302.
Status: in_force

If any provision of this title or its application to any person or circumstance is held invalid, the invalidity does not affect any other provision or application of the title which can be given effect without the invalid provision or application, and to this end the provisions of this title are severable.
Md. Code, Tax - General § 4-201 — MD Code / Article gtg / Title 4 / Subtitle 2 / Section 4-201
§4–201.
Status: in_force

(a) A person shall complete, under oath, and file with the Comptroller the admissions and amusement tax return:

(1) on or before the 10th day of the month that follows the month in which the person has gross receipts subject to the admissions and amusement tax; and

(2) for other periods and on other dates that the Comptroller specifies by regulation, including periods in which the person has no gross receipts subject to the tax.

(b) For periods beginning after December 31, 2026, a person shall file the admissions and amusement tax return electronically.
Md. Code, Land Use § 4-206 — MD Code / Article glu / Title 4 / Subtitle 2 / Section 4-206
§4–206.
Status: in_force

(a) By local law, a legislative body may specify in a zoning law the allowable modifications that may be made by a variance.

(b) The modifications in a variance:

(1) may be only of density, bulk, dimensional, or area requirements of the zoning law;

(2) may be only allowed where, owing to conditions peculiar to the property and not because of any action taken by the applicant, a literal enforcement of the zoning law would result in unnecessary hardship or practical difficulty as specified in the zoning law; and

(3) may not be contrary to the public interest.
Md. Code, Public Safety § 4-1403 — MD Code / Article gps / Title 4 / Subtitle 14 / Section 4-1403
§4–1403.
Status: in_force

(a) (1) The Executive Director shall establish procedures for local law enforcement agencies to apply for grants from the Fund.

(2) A local law enforcement agency that applies for a grant from the Fund shall provide the Executive Director with any information the Executive Director deems necessary.

(b) The Executive Director shall make grants from the Fund to local law enforcement agencies with priority given to those jurisdictions with the highest number of offenders.

(c) Money disbursed from the Fund shall be used to supplement, and not supplant, any other funding that would otherwise be available to local law enforcement agencies.
Md. Code, Natural Resources § 4-2A-04 — MD Code / Article gnr / Title 4 / Subtitle 2A / Section 4-2A-04
§4–2A–04.
Status: in_force

(a) Any species of fish determined to be an endangered species pursuant to the Endangered Species Act shall be deemed to be an endangered species under the provisions of this subtitle and any species of fish determined to be a threatened species pursuant to the Endangered Species Act shall be deemed to be a threatened species under the provisions of this subtitle. The Secretary may determine, in accordance with this section, that any threatened species is an endangered species throughout all or any portion of the range of the species within the State.

(b) In addition to the species deemed to be endangered or threatened pursuant to the Endangered Species Act, the Secretary, by rule or regulation, shall determine whether any species of fish normally occurring within the State is an endangered or threatened species due to any of the following factors:

(1) The present or threatened destruction, modification, or curtailment of its habitat or range;

(2) Overutilization for commercial, sporting, scientific, educational, or other purposes;

(3) Disease or predation;

(4) The inadequacy of existing regulatory mechanisms; or

(5) Other natural or manmade factors affecting its continued existence within the State.

(c) The Secretary shall make determinations required by subsection (b) of this section on the basis of the best scientific, commercial, and other data available and after consultation, as appropriate, with federal agencies, other interested State agencies, other states having a common interest in the species, and interested persons and organizations. In determining whether any species of fish is an endangered species or a threatened species, the Secretary shall take into consideration any actions being carried out or about to be carried out by the federal government, other states, other agencies of this State, or political subdivisions, or by any other person, which may affect the species under consideration.

(d) Except with respect to species of fish determined to be endangered or threatened species under the provisions of subsection (a) of this section, the Secretary may not add a species to nor remove a species from any list published unless he first:

(1) Publishes a public notice of the proposed action;

(2) Furnishes notice of the proposed action to the Governor of any state sharing a common border with this State and in which the subject species is known to exist; and

(3) Allows at least 30 days following publication for comment from the public and other interested parties.

(e) Notwithstanding the provisions of subsection (d) of this section, if the Department determines that an emergency situation exists involving the continued existence of the species as a viable component of the State’s fish population it may add the species to the lists if it publishes a public notice that an emergency situation exists together with a summary of facts which support this determination.

(f) (1) The Secretary shall adopt rules and regulations containing a list of all species of fish normally occurring within the State determined to be endangered species and a list of all species determined to be threatened species.

(2) Each list shall refer to the species by scientific and common names and shall specify with respect to each species over what portion of its range it is endangered or threatened.

(3) On or before July 1, 2026, and at least every 5 years thereafter, the Secretary shall review and, if warranted, update the regulations required under this subsection.
Md. Code, Natural Resources § 4-406 — MD Code / Article gnr / Title 4 / Subtitle 4 / Section 4-406
§4–406.
Status: in_force

(a) If a person who owns or controls any suitable area of water or land desires to have it set aside as a fish refuge, he may apply to the Department, giving a description of the area of water or land, including a specific location, map, or sketch showing an outline of the area of water or land and the location of any structure or improvement, and the nature of the area of land or water, such as woodland, abandoned farmland, or cultivated land, or lake, pond, marsh, or impounded stream.

(b) The Department may examine the area of water or land to determine if it is suitable for fish protection and management. If the area of water or land is acceptable as a fish refuge, the Department shall notify the owner of this fact. The owner shall sign a lease vesting the State with every fishing right in the area without charge. The lease also shall provide that neither the owner, his family, agents, tenants, nor any other person may fish in the area of water or land and that, he will make every effort to protect the fish refuge from forest fires, fishing, or any violation of any State conservation law. The lease or agreement shall continue in force for an uninterrupted period of at least 5 years.

(c) If the person who owns or controls the area of water or land named in any lease on which there is no charge sells the area of water or land, the area is released from the operation of the lease unless the purchaser agrees to allow it to remain under the lease. Either the Department or the owner of the area of water or land may rescind any lease for which there is no charge made pursuant to this section after giving 90 days written notice of intent to terminate the lease to the other party.
Md. Code, Environment § 4-411 — MD Code / Article gen / Title 4 / Subtitle 4 / Section 4-411
§4–411.
Status: reserved

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

(2) “Barrel” means any measure of petroleum products or its by–products which consists of 42.0 U.S. gallons of liquid measure.

(3) “Fund” means the Maryland Oil Disaster Containment, Clean–Up and Contingency Fund.

(4) “Transfer” means the offloading or onloading of oil into the State from or to any commercial vessel, barge, tank truck, tank car, pipeline, or any other means used for transporting oil.

(b) A person other than a vessel or barge may not transfer oil into the State without a license.

(c) (1) A license required under this section shall be secured from the Department of the Environment subject to the terms and conditions set forth in this section.

(2) The fee on any barrel transferred into the State under a license shall be:

(i) Paid by the licensee that owns the oil when the oil is first transferred into the State; and

(ii) Imposed only once, at the point of first transfer into the State.

(3) The fee under paragraph (2) of this subsection shall be credited to the Maryland Oil Disaster Containment, Clean–Up and Contingency Fund and based on:

(i) Before July 1, 2030, a 9 cents per barrel fee for oil transferred into the State; and

(ii) On or after July 1, 2030, a 5 cents per barrel fee for oil transferred into the State.

(4) (i) The license fee shall be paid quarterly to the Department and on receipt by the Comptroller, credited to the proper fund.

(ii) The licensee shall certify to the Department, on forms as may be prescribed by the Department, the number of barrels of oil transferred by the licensee during the fee quarter no later than the last day of the month following the fee quarter.

(iii) These records shall be kept confidential by the Department.

(5) When the balance in the Maryland Oil Disaster Containment, Clean–Up and Contingency Fund from the monthly license fees paid under paragraph (3)(i) of this subsection into the Fund equals or exceeds a maximum limit of $5,000,000, collection of subsequent monthly license fees under paragraph (3)(i) of this subsection shall be abated until:

(i) The balance in the Fund from the license fees becomes less than or equal to $4,000,000; or

(ii) There is evidence that the balance in the Fund could be significantly reduced by the recent occurrence of a major discharge or series of discharges.

(6) (i) If a licensee fails to remit the fee and accompanying certification required by this section, the amount of the license fee due shall be determined by the Department from information as may be available.

(ii) Notice of this determination shall be given to the licensee liable for payment of the license fee.

(iii) The determination shall finally and irrevocably fix the fee unless the licensee against whom it is assessed, within 30 days after receiving notice of the determination, shall apply to the Department for a hearing or unless the Department, on its own, shall redetermine the fee.

(7) The Department shall adopt regulations, establish audit procedures for the audit of licensees, and prescribe and publish forms as may be necessary to effectuate the purposes of this section.

(d) As a condition precedent to the issuance or renewal of a license, the Department shall require satisfactory evidence that the applicant has implemented or is in the process of implementing State and federal plans and regulations to control pollution related to oil, petroleum products, and their by–products and the abatement thereof when a discharge occurs.

(e) Any person who violates subsection (b) or subsection (c) of this section is guilty of a misdemeanor and upon conviction in a court of competent jurisdiction is subject to a fine not exceeding $10,000 plus any accrued but unpaid license fees.

(f) (1) (i) There is a Maryland Oil Disaster Containment, Clean–Up and Contingency Fund for the Department to use to develop equipment, personnel, and plans; for contingency actions to respond to, contain, clean–up, and remove from the land and waters of the State discharges of oil, petroleum products, and their by–products into, upon, or adjacent to the waters of the State; and restore natural resources damaged by discharges.

(ii) The Fund may also be used by the Department for oil–related activities in water pollution control programs.

(iii) 1. The cost of containment, clean–up, removal, and restoration, including attorneys’ fees and litigation costs, shall be reimbursed to the State by the person responsible for the discharge.

2. The reimbursement shall be credited to the Fund.

(iv) The Fund shall be limited in accordance with the limits set forth in this section.

(v) To this Fund shall be credited every license fee, fine, if imposed by the circuit court for any county, and any other charge related to this subtitle.

(vi) To this Fund shall be charged every expense the Department of the Environment has which relates to this section.

(2) Notwithstanding any other provision of this section, in fiscal years 2019, 2020, and 2021 only, the Fund may be used to pay costs associated with the purposes of the Oil Contaminated Site Environmental Cleanup Fund specified in § 4–704 of this title.

(3) In fiscal years 2022 through 2029, the Fund may be used to reimburse the residential owner of a heating oil tank that applied, on or before June 30, 2024, to the Oil Contaminated Site Environmental Cleanup Fund under § 4–705(b)(2) of this title.

(g) (1) Money in the Fund not needed currently to meet the Department of the Environment’s obligations in the exercise of its responsibility under this section shall be deposited with the State Treasurer to the credit of the Fund, and may be invested as provided by law.

(2) Interest received on the investment shall be credited to the Fund.

(3) The Secretary of the Environment shall determine the proper allocation of the money credited to the Fund only for the following purposes:

(i) Administrative expenses, personnel expenses, and equipment costs of the Department related to the purposes of this section;

(ii) Prevention, control, containment, clean–up, and removal of discharges into, upon, or adjacent to waters of the State of discharges of oil, petroleum products and their by–products, and the restoration of natural resources damaged by such discharges;

(iii) Development of containment and clean–up equipment, plans, and procedures in accordance with the purposes of this section;

(iv) Paying insurance costs by the State to extend or implement the benefits of the Fund;

(v) Expenses related to oil–related activities in the Department’s water pollution control programs;

(vi) In fiscal years 2019, 2020, and 2021 only, paying costs associated with the purposes of the Oil Contaminated Site Environmental Cleanup Fund specified in § 4–704 of this title; and

(vii) In fiscal years 2022 through 2029, reimbursing the residential owner of a heating oil tank that applied, on or before June 30, 2024, to the Oil Contaminated Site Environmental Cleanup Fund under § 4–705(b)(2) of this title.

(h) (1) The Department shall provide the standing committees of the Maryland General Assembly with primary jurisdiction over this section with a status report on the Fund on or before January 1 of each year in accordance with § 2–1257 of the State Government Article.

(2) The report shall include an accounting of all money expended for each of the purposes specified in subsection (g) of this section.
Md. Code, Criminal Law § 4-402 — MD Code / Article gcr / Title 4 / Subtitle 4 / Section 4-402
§4–402.
Status: in_force

(a) The presence of a machine gun in a room, boat, or vehicle is evidence of the possession or use of the machine gun by each person occupying the room, boat, or vehicle.

(b) This subtitle does not prohibit or interfere with:

(1) the manufacture, sale, and transportation of a machine gun for or to a military force or peace officer of the United States, a state, or a political subdivision of a state;

(2) the possession of a machine gun for a scientific purpose;

(3) the possession, as a curiosity, ornament, or keepsake, of a machine gun that cannot be used as a weapon;

(4) the possession of a machine gun for a purpose that is manifestly not aggressive or offensive; or

(5) the transportation of a lawfully possessed machine gun by a person who is carrying a court order requiring the surrender of the machine gun, if:

(i) the machine gun is unloaded;

(ii) the person has notified the law enforcement unit, barracks, or station that the machine gun is being transported in accordance with the court order; and

(iii) the person transports the machine gun directly to the law enforcement unit, barracks, or station.

(c) (1) A court may issue a warrant to search for and seize a machine gun possessed in violation of this subtitle under the same procedure as for issuance of a warrant for stolen property.

(2) On application by the State’s Attorney, a court may order the confiscation or destruction of a legally seized machine gun or the transfer of the machine gun to a peace officer of the State or a political subdivision of the State.
Md. Code, Natural Resources § 4-1103.1 — MD Code / Article gnr / Title 4 / Subtitle 11 / Section 4-1103.1
§4–1103.
Status: in_force

§4–1103.1.

The Department shall enter into an agreement with the Potomac River Fisheries Commission to establish oyster seed areas in the Potomac River from Cornfield Point to Point Lookout for the purpose of propagating seed oysters to replenish natural oyster bars in Calvert, Charles, St. Mary’s counties, and other areas of the State.
Md. Code, Local Government § 4-108.3 — MD Code / Article glg / Title 4 / Subtitle 1 / Section 4-108.3
§4–108.
Status: in_force

§4–108.3.

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

(2) “Ballot” means a ballot prepared by the State Board of Elections under Title 9 of the Election Law Article.

(3) “State Board” means the State Board of Elections.

(b) A municipality may request that the State Board include on a ballot the offices and questions to be voted on in a municipal election.

(c) (1) A municipality that makes a request under this section shall:

(i) file the request with the State Board on or before the day that is 9 months before the deadline date applicable for individuals who are required to file a certificate of candidacy as required under § 5–303 of the Election Law Article; and

(ii) certify as part of the request that the charter of the municipality requires, and the municipality has established, deadlines and procedures for the administration of municipal elections for the municipality that are consistent with the deadlines and procedures for State and county elections established by the State Board with regard to:

1. the filing of certificates of candidacy;

2. the filling of a vacancy in office;

3. the filing of a petition;

4. the certification of a ballot question;

5. voter registration; and

6. voting.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, if the State Board previously included a municipal election on the ballot, that municipality’s elections may continue to appear on the ballot without the municipality filing an additional request under this section.

(ii) A municipality shall file a request under this section if, since the municipality’s election last appeared on the ballot, there has been a significant change in the method the municipality uses to conduct its elections.

(3) Within 30 days after receipt of a municipality’s request under this section, the State Board, after consultation with the local board in the county where the municipality is located, shall notify the municipality of its decision whether to include the municipal election on the ballot.

(d) If the State Board approves a municipality’s request under this section, the State Board shall:

(1) include the offices and questions at the end of the ballot; and

(2) arrange the offices and questions in a similar order as other offices and questions are arranged on the ballot.

(e) A municipality shall reimburse the State Board and the applicable local board for any additional costs incurred by the State Board or local board on account of including the offices and questions to be voted on in a municipal election on the ballot.
Md. Code, Alcoholic Beverages and Cannabis § 4-305 — MD Code / Article gab / Title 4 / Subtitle 3 / Section 4-305
§4–305.
Status: in_force

(a) An applicant shall pay to the local licensing board a fee of $20, in addition to the costs of publication and notice, when filing an application for the transfer of a license.

(b) The local licensing board shall endorse on a license the transfer of the license if the applicant has paid the fee required under subsection (a) of this section.
Md. Code, Education § 4-306.5 — MD Code / Article ged / Title 4 / Subtitle 3 / Section 4-306.5
§4–306.
Status: in_force

§4–306.5.

The title to any property acquired or constructed under the provisions of this subtitle shall be held in accordance with State law.
Md. Code, Public Utilities § 4-211 — MD Code / Article gpu / Title 4 / Subtitle 2 / Section 4-211
§4–211.
Status: in_force

(a) (1) Except as provided in paragraph (3) of this subsection, when determining necessary and proper expenses while setting a just and reasonable rate for a gas company, the Commission may include all costs reasonably incurred by the gas company for performing environmental remediation of real property in response to a State or federal law, regulation, or order if:

(i) the remediation relates to the contamination of the real property; and

(ii) the real property is or was used to provide manufactured or natural gas service directly or indirectly to the gas company’s customers or the gas company’s predecessors.

(2) Environmental remediation costs incurred by a gas company may be included in the gas company’s necessary and proper expenses regardless of whether:

(i) the real property is currently used and useful in providing gas service; or

(ii) the gas company owns the real property when the rate is set.

(3) Environmental remediation costs incurred by a gas company may not be included in the gas company’s necessary and proper expenses if a court of competent jurisdiction determines that the proximate cause of the environmental contamination is a result of the gas company’s failure to comply with a State or federal law, regulation, or order in effect when the contamination occurred.

(b) The Commission shall balance the interests of a gas company with those of the gas company’s customers when setting the recovery schedule for the environmental remediation costs incurred by the gas company.

(c) (1) In this subsection, “financial benefit” includes any monetary gain on the conveyance of real property, or any portion of real property that was subject to environmental remediation, to a third party and any other financial benefit of the property or portion of the property that subsequently inures to the gas company, including income from rentals and tax credits, deductions, or other financial benefits, less any environmental remediation costs relating to the property that the gas company was not allowed to recover from the gas company’s customers.

(2) If a gas company is allowed to recover environmental remediation costs under this section, any financial benefit accruing to the gas company as a result of the remediation of real property shall be credited to the gas company’s customers in a manner determined by the Commission.
Md. Code, Agriculture § 4-110 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-110
§4–110.
Status: in_force

The State shall bear the cost of inspection rendered under this subtitle, except as provided in § 4–104 of this subtitle. However, each establishment subject to this subtitle shall pay the cost of overtime and holiday inspection work at rates the Secretary determines. Sums received by the Secretary in reimbursement of sums paid out for premium pay work shall be available without fiscal year limitations to carry out the purposes of this subtitle.
Md. Code, Housing and Community Development § 4-251 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-251
§4–251.
Status: in_force

(a) A bond or note issued under this part:

(1) is not a debt of and does not pledge the faith, credit, or taxing power of the State, the Administration, or a political subdivision; but

(2) is payable only from the revenues and property provided for in this subtitle.

(b) Each bond or note shall state on its face the provisions of subsection (a) of this section.
Md. Code, General Provisions § 4-340 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-340
§4–340.
Status: in_force

(a) “Senior citizen activities center” has the meaning stated in § 10–513 of the Human Services Article.

(b) Except as provided in subsection (c) of this section, a custodian shall deny inspection of the part of a public record that contains the name, address, telephone number, or electronic mail address of any individual enrolled in or any member of a senior citizen activities center.

(c) A custodian shall allow inspection by:

(1) a person in interest;

(2) law enforcement personnel; or

(3) emergency services personnel, including:

(i) a career firefighter;

(ii) an emergency medical services provider, as defined in § 13–516 of the Education Article;

(iii) a rescue squad employee; and

(iv) a volunteer firefighter, a rescue squad member, or an advanced life support unit member.
Md. Code, State Finance and Procurement § 4-411 — MD Code / Article gsf / Title 4 / Subtitle 4 / Section 4-411
§4–411.
Status: in_force

There is a Land Acquisition Division in the Department.
Md. Code, Alcoholic Beverages and Cannabis § 4-1103 — MD Code / Article gab / Title 4 / Subtitle 11 / Section 4-1103
§4–1103.
Status: in_force

(a) An individual who, at a licensed premises, purchases a meal and a bottle of wine, the contents of which are partially consumed with the meal, may remove the bottle and its contents from the licensed premises if the license holder or an employee of the license holder inserts a cork in or places a cap on the bottle.

(b) A bottle of wine that is removed from the licensed premises under subsection (a) of this section is an “open container” for purposes of § 10–125 of the Criminal Law Article.
Md. Code, Local Government § 4-306 — MD Code / Article glg / Title 4 / Subtitle 3 / Section 4-306
§4–306.
Status: in_force

After a resolution is adopted by the legislative body or after its submission in a petition, a proposal to amend a municipal charter may not be rescinded in any manner except by another charter amendment.
Md. Code, Health Occupations § 4-302 — MD Code / Article gho / Title 4 / Subtitle 3 / Section 4-302
§4–302.
Status: in_force

(a) Except as otherwise provided in this title, to qualify for a license, an applicant shall be an individual who meets the requirements of this section.

(b) The applicant shall be of good moral character.

(c) To qualify for a license to practice dentistry, the applicant shall be at least 18 years old.

(d) Unless waived by the Board under §§ 4–303 and 4–303.1 of this subtitle, and except as provided in § 4–306.1 of this subtitle, to qualify for a license to practice dentistry, the applicant shall hold a degree of Doctor of Dental Surgery, Doctor of Dental Medicine, or the equivalent, from a college or university that is:

(1) Authorized by any state or any province of Canada to grant the degree; and

(2) Recognized by the Board as requiring adequate preprofessional collegiate training and as maintaining an acceptable course of dental instruction.

(e) To qualify for a license to practice dental hygiene, the applicant shall be a graduate of a school for dental hygienists that:

(1) Requires at least 2 years of education in an institution of higher education;

(2) Is accredited by the American Dental Association Commission on Dental Accreditation; and

(3) Is approved by the Board.

(f) (1) Unless the examination requirement is waived under § 4–306 or § 4–310 of this subtitle, and except as provided in § 4–303.1 of this subtitle, to qualify for a general license to practice dentistry or a general license to practice dental hygiene, the applicant shall pass an examination given by the Board under this subtitle.

(2) An examination is not required for a teacher’s license to practice dentistry, a limited license to practice dentistry, or a teacher’s license to practice dental hygiene.

(g) In addition to the requirements of subsections (a), (b), (c), and (d) of this section, to qualify for a teacher’s license to practice dentistry, the applicant shall:

(1) Be licensed to practice dentistry in any other state;

(2) Have been active in the dental profession for at least 5 years;

(3) Be a full–time or part–time faculty member at a college or university where the applicant teaches a subject required by the dental school of that college or university; and

(4) If the applicant is engaged in a teaching area that is designated as a specialty by the National Commission on Recognition of Dental Specialties and Certifying Boards, meet the requirements established by the National Commission on Recognition of Dental Specialties and Certifying Boards for that specialty.

(h) In addition to the requirements of subsections (a), (b), and (e) of this section, to qualify for a teacher’s license to practice dental hygiene, the applicant shall:

(1) Be licensed to practice dental hygiene in any other state;

(2) Have been active as a dental hygienist for at least 5 years before applying for the teacher’s license to practice dental hygiene; and

(3) Be a full–time or part–time faculty member at a dental school where the applicant teaches a subject required by that school.

(i) In addition to the requirements of subsections (a), (b), (c), and (d) of this section, to qualify for a retired volunteer dentist’s license to practice dentistry, the applicant shall:

(1) Have had a general license to practice dentistry issued under this title within the last 2 years;

(2) Complete the continuing education requirements that the Board establishes for a general license; and

(3) Provide dental services as required under § 4–308(c) of this subtitle.

(j) In addition to the requirements of subsections (a), (b), and (e) of this section, to qualify for a retired dental hygienist’s license to practice dental hygiene, the applicant shall:

(1) Have had a general license to practice dental hygiene under this title within the last 2 years;

(2) Complete the continuing education requirements that the Board establishes for a general license; and

(3) Provide dental hygiene services as required under § 4–308(g) of this subtitle.

(k) In addition to the requirements of subsections (a), (b), (c), and (d) of this section, to qualify for a volunteer dentist’s license to practice dentistry, the applicant shall:

(1) Satisfy the requirements of § 4–306(b)(1) and (d)(2) of this subtitle;

(2) Hold an active license to practice dentistry in another state or in the District of Columbia;

(3) Complete the continuing education requirements that the Board establishes for a general license;

(4) Provide dental services exclusively in the manner described in § 4–308(c) of this subtitle; and

(5) Immediately upon ceasing to provide services exclusively in the manner described in § 4–308(c) of this subtitle, surrender the volunteer license to the Board.

(l) In addition to the requirements of subsections (a), (b), (c), and (e) of this section, to qualify for a volunteer dental hygienist’s license to practice dental hygiene, an applicant shall:

(1) Satisfy the requirements of § 4–306(b)(2) and (e)(2) of this subtitle;

(2) Hold an active license to practice dental hygiene in another state or in the District of Columbia;

(3) Complete the continuing education requirements that the Board establishes for a general license;

(4) Provide dental hygiene services exclusively in the manner described in § 4–308(g) of this subtitle; and

(5) Immediately upon ceasing to provide services exclusively in the manner described in § 4–308(g) of this subtitle, surrender the volunteer license to the Board.

(m) To qualify for a limited license to practice dentistry, the applicant shall meet the requirements set forth in subsections (a), (b), (c), and (d) of this section.
Md. Code, Estates and Trusts § 4-402 — MD Code / Article get / Title 4 / Subtitle 4 / Section 4-402
§4–402.
Status: in_force

There is a presumption that a will passes all property the testator owns at the time of the testator’s death, including property acquired after the execution of the will.
Md. Code, Labor and Employment § 4-310 — MD Code / Article gle / Title 4 / Subtitle 3 / Section 4-310
§4–310.
Status: in_force

A case shall be held to involve or grow out of a labor dispute when the case involves:

(1) persons who are engaged in a single industry, trade, craft, or occupation, employees of the same employer, or members of the same or an affiliated organization of employees or employers, regardless of whether the dispute is between:

(i) 1 or more employees or associations of employees and 1 or more employers or associations of employers;

(ii) 1 or more employees or associations of employees and 1 or more employees or associations of employees; or

(iii) 1 or more employers or associations of employers and 1 or more employers or associations of employers; or

(2) a conflicting or competing interest in a labor dispute of a person participating or interested in the labor dispute.
Md. Code, Commercial Law § 4-503 — MD Code / Article gcl / Title 4 / Subtitle 5 / Section 4-503
§4–503.
Status: in_force

Unless otherwise instructed and except as provided in Title 5, a bank presenting a documentary draft:

(1) Must deliver the documents to the drawee on acceptance of the draft if it is payable more than three days after presentment; otherwise, only on payment; and

(2) Upon dishonor, either in the case of presentment for acceptance or presentment for payment, may seek and follow instructions from any referee in case of need designated in the draft or if the presenting bank does not choose to utilize the referee’s services, it must use diligence and good faith to ascertain the reasons for dishonor, must notify its transferor of the dishonor and of the results of its effort to ascertain the reasons therefor, and must request instructions.

However the presenting bank is under no obligation with respect to goods represented by the documents except to follow any reasonable instructions seasonably received; it has a right to reimbursement for any expense incurred in following instructions and to prepayment of or indemnity for those expenses.
Md. Code, Labor and Employment § 4-504 — MD Code / Article gle / Title 4 / Subtitle 5 / Section 4-504
§4–504.
Status: in_force

Subject to provisions concerning budgetary and fiscal procedures contained in the employer’s charter or, with respect to Charles County, local law, regulation, or policy, if ratified or approved by a legislative enactment of the employer, and if signed by the chief executive officer of the employer, a memorandum of understanding between the employer and an exclusive representative shall bind the employer for the period of time which is provided in the agreement.
Md. Code, Agriculture § 4-220 — MD Code / Article gag / Title 4 / Subtitle 2 / Section 4-220
§4–220.
Status: in_force

(a) Any poultry product, or any dead, dying, disabled, or diseased poultry, that is transported in intrastate commerce or is held for sale, or donation in the State after transportation, and that (1) is or has been processed, sold, transported, or otherwise distributed or offered or received for distribution in violation of this subtitle; (2) is capable of use as human food and is adulterated or misbranded; or (3) in any other way violates this subtitle, shall be liable to be proceeded against, seized, and condemned, at any time, on a libel of information in any circuit court of any county within whose jurisdiction the article is found.

(b) If poultry or poultry products are condemned because of disease, the reason for condemnation shall be supported by scientific fact, information, or criteria. Condemnation under this subtitle shall be achieved through uniform inspection standards and uniform application.

(c) Upon condemnation and after entry of the decree, the article shall be destroyed or sold as the court directs and, if sold, the proceeds, less the court costs, fees, storage, and other proper expenses, shall be paid into the State Treasury. The article may not be sold contrary to the provisions of this subtitle, or federal law.

(d) Upon execution and delivery of a good and sufficient bond prohibiting the sale or any other disposal of the article contrary to this subtitle or federal law, the court may direct that the article be delivered to the owner subject to the supervision of the Secretary to insure compliance with the applicable laws.

(e) When a decree of condemnation is entered against the article and it is released under bond or destroyed, court costs, fees, storage, and other proper expenses shall be awarded against the person intervening as claimant of the article.

(f) Proceedings in libel cases shall conform to proceedings in admiralty to the extent possible. However, either party may demand a jury trial of any issue of fact joined in any case. Every proceeding shall be at the suit of and in the name of the State.

(g) This section does not derogate from authority for condemnation or seizure conferred by other provisions of this subtitle or other laws.
Md. Code, Alcoholic Beverages and Cannabis § 4-202 — MD Code / Article gab / Title 4 / Subtitle 2 / Section 4-202
§4–202.
Status: in_force

(a) A local licensing board is authorized to issue licenses in its jurisdiction.

(b) A license may not be issued to a partnership, corporation, or limited liability company but only to an individual authorized to act for a partnership, corporation, or limited liability company.

(c) A license holder shall assume all responsibilities as an individual and be subject to all penalties, conditions, and restrictions imposed on license holders under this article and the provisions of the Tax – General Article that relate to the alcoholic beverage tax.

(d) A local licensing board by regulation may:

(1) restrict, in accordance with a definite standard, the number of licenses that the local licensing board considers sufficient for a neighborhood;

(2) regulate the use of mechanical music boxes and other sound–making devices;

(3) divide a municipality or county into districts; and

(4) establish areas in which a license may not be issued.

(e) An applicant for a license or a license holder who is aggrieved by a regulation adopted under this section may seek judicial review as provided in Subtitle 9 of this title.
Md. Code, Housing and Community Development § 4-304 — MD Code / Article ghs / Title 4 / Subtitle 3 / Section 4-304
§4–304.
Status: in_force

(a) The Department may:

(1) charge an application fee or other fee to a Program loan applicant or lender;

(2) purchase or make commitments to purchase Program loans made by mortgage lenders;

(3) make contracts with third parties to make or service mortgage Program loans made for the Department;

(4) acquire any property that secures a Program loan under this subtitle by gift, purchase, foreclosure, or otherwise, and sell or otherwise dispose of the property or an interest in the property;

(5) delegate to a political subdivision any administrative or operational element of the Program not assigned to the Department under subsection (b) of this section;

(6) take any other action necessary or convenient to operate the Program; and

(7) require a political subdivision that administers its own down payment and settlement expense loan program to inform the Department of the political subdivision’s homebuyer education requirements.

(b) The Department shall:

(1) administer the Program;

(2) attach to a Program loan the terms needed to carry out the Program;

(3) establish eligibility standards for Program loans, considering State, regional, and county housing costs, median incomes, and household sizes;

(4) establish guidelines to determine what parts of the down payment and settlement expenses may be covered by the Program loan; and

(5) adopt regulations to carry out the Program.

(c) The sale or purchase of property that the Department acquires or disposes of under this section need not be approved or executed by the Board of Public Works or the Department of General Services.
Md. Code, Education § 4-135 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-135
§4–135.
Status: in_force

(a) In this section, “appointing authority” means the individual or entity that is responsible for appointing a qualified individual to fill a vacancy of an elected member of a county board.

(b) On request, an appointing authority shall provide a list of the names of the candidates for a vacancy of an elected member of a county board:

(1) To the individual making the request; or

(2) By publication on the website of the appointing authority.
Md. Code, Education § 4-202 — MD Code / Article ged / Title 4 / Subtitle 2 / Section 4-202
§4–202.
Status: in_force

(a) Each county superintendent is entitled to the compensation set by the county board.

(b) (1) The salary of a county superintendent may not be decreased during the superintendent’s term of office.

(2) Each county superintendent shall devote full time to public school business.

(c) In Anne Arundel County, the county board may not pay monetary compensation to the county superintendent for sick leave benefits earned while employed by any other board of education or public school system but may allow the county superintendent to use the sick leave in the same manner as sick leave accrued while employed by the county.
Md. Code, Agriculture § 4-128 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-128
§4–128.
Status: in_force

Before the Secretary reports any violation of this subtitle to the State’s Attorney of the political subdivision in which the violation occurred for institution of a criminal proceeding, the person against whom the proceeding is contemplated shall be given reasonable notice of the alleged violation and opportunity to present his views orally or in writing with regard to the contemplated proceeding. This subtitle does not require the Secretary to report for criminal prosecution any violation of this subtitle if the public interest is served adequately and compliance with the subtitle can be obtained by a suitable written warning notice.
Md. Code, Education § 4-318 — MD Code / Article ged / Title 4 / Subtitle 3 / Section 4-318
§4–318.
Status: in_force

(a) In this section, “Baltimore City school police officer” means any person who, when acting in an official capacity, is authorized by law to make arrests and who is a member of the Baltimore City School Police Force.

(b) There is a Baltimore City School Police Force.

(c) The members of the Baltimore City School Police Force shall be employees of and be appointed by the Baltimore City Board of School Commissioners.

(d) (1) Except as provided in paragraph (3) of this subsection, a Baltimore City school police officer has all the powers of a law enforcement officer in the State.

(2) (i) A Baltimore City school police officer may act in an official capacity only on the premises of schools and any other property used for educational purposes owned, leased, or operated by, or under the control of the Baltimore City Board of School Commissioners.

(ii) A Baltimore City school police officer may not act in an official capacity on any other property unless:

1. Engaged in fresh pursuit of a suspected offender;

2. Requested or authorized to do so by the Police Commissioner of Baltimore City;

3. The exercise of power is necessary to facilitate the orderly flow of traffic to and from property owned, leased, operated by, or under the control of the Baltimore City School System; or

4. Ordered to do so by the Mayor of Baltimore City.

(3) (i) Notwithstanding any other provision of law, a Baltimore City school police officer whose permanent or temporary assignment is at a school or on school property may carry a firearm on the premises of the school to which the officer is assigned before or after regular school hours on school days and on days other than school days.

(ii) The Baltimore City Board of School Commissioners shall establish policies to implement the provisions of subparagraph (i) of this paragraph.

(e) (1) In consultation with the Maryland Police Training and Standards Commission, the Civil Service Commission of Baltimore City shall adopt:

(i) Requirements for education, training, human and public relations skills, and moral character that an applicant must meet to qualify for employment as a Baltimore City school police officer; and

(ii) Standards for the performance of duties.

(2) Any requirements adopted by the Civil Service Commission on or after July 1, 1991, may not affect the status of any individual who is a qualified Baltimore City school police officer on that date.

(f) The Baltimore City Board of School Commissioners shall adopt regulations governing the:

(1) Operation of the Baltimore City School Police Force; and

(2) Conduct of each Baltimore City school police officer.

(g) This section does not:

(1) Make a Baltimore City school police officer a member of the Baltimore City Police Department; or

(2) Affect the salary, benefits, or retirement program of an employee of Baltimore City or the Baltimore City Board of School Commissioners.

(h) Beginning July 1, 2017, and every 2 years thereafter, the Baltimore City School Police Force shall submit a report to the members of the Baltimore City Delegation to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:

(1) The condition of vehicles and firearms of the Baltimore City School Police Force; and

(2) The anticipated needs of the Baltimore City School Police Force for vehicles and firearms for the following 2 years.
Md. Code, General Provisions § 4-1B-04 — MD Code / Article ggp / Title 4 / Subtitle 1B / Section 4-1B-04
§4–1B–04.
Status: in_force

(a) Subject to subsection (d) of this section, the Ombudsman shall make reasonable attempts to resolve disputes between applicants and custodians relating to requests for public records under this title, including disputes over:

(1) the custodian’s application of an exemption;

(2) redactions of information in the public record;

(3) the failure of the custodian to produce a public record in a timely manner or to disclose all records relevant to the request;

(4) overly broad requests for public records;

(5) the amount of time a custodian needs, given available staff and resources, to produce public records;

(6) a request for or denial of a fee waiver under § 4–206(e) of this title;

(7) repetitive or redundant requests from an applicant;

(8) fees imposed under § 4–206 of this title; and

(9) a request or pattern of requests from an applicant that is alleged to be frivolous, vexatious, or made in bad faith.

(b) Within 90 calendar days after receiving a request for dispute resolution, unless the parties mutually agree to extend the deadline, the Ombudsman shall issue a final determination stating:

(1) that the dispute has been resolved; or

(2) that the dispute has not been resolved.

(c) If the Ombudsman issues a final determination stating that the dispute has not been resolved, the Ombudsman shall inform the applicant and the custodian of the availability of review by the Board under § 4–1A–04 of this title.

(d) (1) When resolving disputes under this section, the Ombudsman may not:

(i) compel a custodian to disclose public records or redacted information in the custodian’s physical custody to the Ombudsman or an applicant; or

(ii) except as provided in paragraphs (2) and (3) of this subsection, disclose information received from an applicant or custodian without written consent from the applicant and custodian.

(2) (i) The Ombudsman may disclose information received from an applicant or custodian to the assistant Attorney General assigned to the Office of the Public Access Ombudsman or to any other person working under the direction of the Ombudsman.

(ii) An individual to whom the Ombudsman discloses information under this paragraph may not disclose the information without written consent from the applicant and custodian.

(3) The Ombudsman may transfer basic information about a dispute, including the identity of the applicant and custodian and the nature of the dispute, to the Board if appropriate steps have been taken to protect the confidentiality of communications made or received in the course of attempting to resolve the dispute.
Md. Code, Commercial Law § 4A-506 — MD Code / Article gcl / Title 4A / Subtitle 5 / Section 4A-506
§4A–506.
Status: in_force

(a) If, under this title, a receiving bank is obliged to pay interest with respect to a payment order issued to the bank, the amount payable may be determined: (i) by agreement of the sender and receiving bank; or (ii) by a funds-transfer system rule if the payment order is transmitted through a funds-transfer system.

(b) If the amount of interest is not determined by an agreement or rule as stated in subsection (a) of this section, the amount is calculated by multiplying the applicable federal funds rate by the amount on which interest is payable, and then multiplying the product by the number of days for which interest is payable. The applicable federal funds rate is the average of the federal funds rates published by the Federal Reserve Bank of New York for each of the days for which interest is payable divided by 360. The federal funds rate for any day on which a published rate is not available is the same as the published rate for the next preceding day for which there is a published rate. If a receiving bank that accepted a payment order is required to refund payment to the sender of the order because the funds transfer was not completed, but the failure to complete was not due to any fault by the bank, the interest payable is reduced by a percentage equal to the reserve requirement on deposits of the receiving bank.
Md. Code, Natural Resources § 4-11A-06 — MD Code / Article gnr / Title 4 / Subtitle 11A / Section 4-11A-06
§4–11A–06.
Status: in_force

(a) This section applies to a submerged land lease in the Chesapeake Bay that is not in an Aquaculture Enterprise Zone.

(b) (1) (i) Subject to subparagraph (ii) of this paragraph, the Department may issue to a person a submerged land lease in waters of the Chesapeake Bay after the Department of the Environment classifies the waters as:

1. Approved, conditionally approved, or restricted for harvest; or

2. Prohibited, provided that the lease is used exclusively for the planting and gathering of seed for aquaculture and the leaseholder complies with the requirements of the National Shellfish Sanitation Program as implemented by the Department.

(ii) The Department may issue a submerged land lease in the waters of the Chesapeake Bay to a corporation only if:

1. The corporation is organized under the laws of the State; and

2. More than 50% of the stock in the corporation is owned by residents of the State.

(2) A submerged land lease may not be located:

(i) Within a minimum of 50 feet of shoreline or any pier without the written permission of the riparian owner at the time of initial application for the lease;

(ii) Within 150 feet of the public shellfish fishery or a registered pound net site;

(iii) Within 150 feet of an oyster reserve or any Yates Bar located in an oyster sanctuary;

(iv) Except as provided in paragraph (4) of this subsection, within 150 feet of a federal navigational channel;

(v) Subject to paragraph (3) of this subsection, in any creek, cove, bay, or inlet less than 300 feet wide at its mouth at mean low tide; or

(vi) In an SAV Protection Zone.

(3) Paragraph (2)(v) of this subsection does not apply to a riparian owner or a lawful occupant of the riparian property.

(4) A submerged land lease of a riparian owner or a lawful occupant of the riparian property may be located in Herring Creek in St. Mary’s County.

(c) A person with a submerged land lease in the Chesapeake Bay may cultivate shellfish on the submerged land, in temporary protective enclosures approved by the Department on the surface of the submerged land, or in any other manner authorized by the Department.

(d) Notwithstanding any other provision of this subtitle, a lease of submerged land located within a sanctuary must be compatible with oyster restoration and must satisfy the criteria for permissible leasing within a sanctuary as provided in regulations adopted under this subtitle.
Md. Code, Health Occupations § 4-204 — MD Code / Article gho / Title 4 / Subtitle 2 / Section 4-204
§4–204.
Status: in_force

(a) (1) The Board shall meet at least twice a year, at the times and places that it determines.

(2) The Board shall hold special meetings, at the places it determines, when:

(i) The Secretary requests a meeting; or

(ii) The Board considers a meeting necessary.

(3) After giving due notice, the president or Board secretary shall call meetings. However, the Board may meet at any time and place without notice if each member of the Board either consents in writing or attends the meeting.

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

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

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

(c) The Board may employ a staff in accordance with the budget of the Board.
Md. Code, Alcoholic Beverages and Cannabis § 4-401 — MD Code / Article gab / Title 4 / Subtitle 4 / Section 4-401
§4–401.
Status: in_force

Subject to Division II of this article, this subtitle applies statewide.
Md. Code, Insurance § 4-501 — MD Code / Article gin / Title 4 / Subtitle 5 / Section 4-501
§4–501.
Status: in_force

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

(b) “Corporate Governance Annual Disclosure” or “CGAD” means a confidential report submitted by an insurer or the insurance group of which the insurer is a member in accordance with the requirements of this subtitle.

(c) “Insurance group” means those insurers and affiliates included within an insurance holding company system as defined in § 7–101 of this article.

(d) (1) “Insurer” includes:

(i) each person engaged as indemnitor, surety, or contractor in the business of entering into insurance contracts;

(ii) a nonprofit health service plan;

(iii) a health maintenance organization;

(iv) a dental plan organization; and

(v) a managed care organization.

(2) “Insurer” does not include an agency, an authority, or an instrumentality of the United States, its possessions and territories, the Commonwealth of Puerto Rico, the District of Columbia, a state, or a political subdivision of a state.

(e) “NAIC” means the National Association of Insurance Commissioners.

(f) “ORSA Summary Report” has the meaning stated in § 32–101 of this article.
Md. Code, Corporations and Associations § 4A-1104 — MD Code / Article gca / Title 4A / Subtitle 11 / Section 4A-1104
§4A–1104.
Status: in_force

(a) A conversion has the effects provided in this section.

(b) (1) This subsection applies on the completion of the conversion of a limited liability company to an other entity.

(2) The limited liability company shall cease to exist as a limited liability company and shall continue to exist as the other entity into which the limited liability company has converted, and the other entity shall, for all purposes of the laws of this State, be deemed to be the same entity as the converting limited liability company.

(3) (i) All the assets of the limited liability company, including any legacies that it would have been capable of taking, shall vest in and devolve on the other entity without further act or deed and shall be the property of the other entity, and the title to any real property vested by deed or otherwise in the limited liability company shall not revert or be in any way impaired by reason of a conversion under this subtitle.

(ii) The conversion of the limited liability company to an other entity does not affect, invalidate, terminate, suspend, or nullify any licenses, permits, or registrations granted to the limited liability company before the conversion.

(iii) Confirmatory deeds, assignments, or similar instruments to evidence the conversion may be executed and delivered at any time in the name of the limited liability company by its last acting authorized persons or by the appropriate authorized persons, partners, officers, trustees, or members of the other entity.

(4) (i) The other entity shall be liable for all the debts and obligations of the limited liability company.

(ii) An existing claim, action, or proceeding pending by or against the limited liability company may be prosecuted to judgment as if the conversion had not taken place, or, on motion of the other entity or any party, the other entity may be substituted as a party, and a judgment against the limited liability company constitutes a lien on the property of the other entity.

(iii) A conversion does not impair the rights of creditors or any liens on the property of the limited liability company.

(5) Subject to the treatment of the ownership interests of the members of the limited liability company under the articles of conversion and to the rights of an objecting member under this subtitle, the ownership interests of the members of the limited liability company cease to exist as membership interests in the converted limited liability company and continue to exist as ownership interests in the other entity.

(6) The conversion of the limited liability company to an other entity in accordance with articles of conversion under this subtitle does not affect any debts, obligations, or liabilities of the limited liability company or the personal liability of any person incurred before the completion of the conversion.

(7) Unless otherwise provided in the articles of conversion, the converting limited liability company is not required to wind up its affairs or pay its liabilities and distribute its assets, and the conversion does not constitute dissolution or a transfer of assets or liabilities of the limited liability company.

(8) A person becomes liable for any obligation incurred by the limited liability company before the completion of the conversion only to the extent provided for by the laws applicable to the other entity.

(c) (1) This subsection applies on the conversion of an other entity to a limited liability company.

(2) The limited liability company, for all purposes of the laws of this State, shall be deemed to be the same entity as the converting other entity.

(3) (i) All the assets of the other entity, including any legacies that it would have been capable of taking, vest in and devolve on the limited liability company without further act or deed and shall be the property of the limited liability company, and the title to any real property vested by deed or otherwise in the other entity shall not revert or be in any way impaired by reason of a conversion under this subtitle.

(ii) The conversion of the other entity to a limited liability company does not affect, invalidate, terminate, suspend, or nullify any licenses, permits, or registrations granted to the other entity before the conversion.

(iii) Confirmatory deeds, assignments, or similar instruments to evidence the conversion may be executed and delivered at any time in the name of the other entity by the appropriate authorized persons, partners, officers, trustees, or members of the other entity or by an authorized person of the limited liability company.

(4) (i) The limited liability company shall be liable for all the debts and obligations of the other entity.

(ii) An existing claim, action, or proceeding pending by or against the other entity may be prosecuted to judgment as if the conversion had not taken place, or, on motion of the limited liability company or any party, the limited liability company may be substituted as a party, and a judgment against the other entity constitutes a lien on the property of the limited liability company.

(iii) A conversion does not impair the rights of creditors or any liens on the property of the other entity.

(5) The conversion of an other entity to a limited liability company in accordance with articles of conversion under this subtitle does not affect any debts, obligations, or liabilities of the other entity or the personal liability of any person incurred before the completion of the conversion.

(6) A person remains liable for any obligation incurred by the other entity before the completion of the conversion only to the extent that the person would have been liable if the conversion had not occurred.

(7) Subject to the treatment of the ownership interests of the owners of the other entity under the articles of conversion, the ownership interests of the owners of the other entity cease to exist as ownership interests in the converted other entity and continue to exist as membership interests in the limited liability company.
Md. Code, Natural Resources § 4-607 — MD Code / Article gnr / Title 4 / Subtitle 6 / Section 4-607
§4–607.
Status: in_force

(a) (1) The Department may issue annually a complimentary angler’s 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.

(2) The Department may issue a lifetime complimentary angler’s 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 angler’s 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.

(b) Not more than 20 complimentary angler’s licenses for each state other than Maryland shall be outstanding at any time.

(c) A complimentary angler’s license is not transferable and shall be issued without a fee.

(d) For the purposes of this section, “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.
Md. Code, Housing and Community Development § 4-1610 — MD Code / Article ghs / Title 4 / Subtitle 16 / Section 4-1610
§4–1610.
Status: in_force

(a) A program may provide for loan agreements, security agreements, loan servicing agreements, forms of mortgages, notes and deeds of trust, and other security, documents, agreements, provisions, and other matters as the covered county may find appropriate to implement the financing of the program.

(b) A transaction under this subtitle is not a capital project within the meaning of a charter or statutory provision.

(c) A transaction under this subtitle shall be authorized by ordinance or resolution without a referendum or other procedure not applicable to all ordinances or resolutions enacted in the covered county.
Md. Code, Financial Institutions § 4-210 — MD Code / Article gfi / Title 4 / Subtitle 2 / Section 4-210
§4–210.
Status: in_force

(a) Any savings bank may amend its charter in any manner not inconsistent with law, as provided in this section.

(b) A proposed amendment shall be approved at a meeting called for that purpose by:

(1) The affirmative vote in person or by proxy of two thirds of the members; or

(2) If there are no members, the affirmative vote of two thirds of the board of directors.

(c) After an amendment is approved by the members or the directors:

(1) The president of the savings bank and either its cashier or treasurer shall certify the amendment; and

(2) The amendment shall be signed, filed with the Commissioner for examination, and, if approved by the Commissioner, filed for record as required for articles of incorporation.

(d) On filing the amendment for examination, the savings bank shall pay to the Commissioner an examination fee of $20.
Md. Code, Human Services § 4-207 — MD Code / Article ghu / Title 4 / Subtitle 2 / Section 4-207
§4–207.
Status: in_force

(a) Subject to § 2-209(b) of this article, the Executive Director may adopt regulations necessary to carry out the duties imposed on the Executive Director by law.

(b) (1) The Executive Director shall adopt regulations covering the custody, use, and preservation of the records of the Administration and the local departments concerning applicants for and recipients of social services.

(2) The use of the records of the Administration and the local departments by any other governmental unit shall be limited to the purposes for which the records are furnished.

(c) (1) All regulations or directives implemented by the Executive Director that are based on federal law, rules, regulations, or guidelines shall have the federal material:

(i) referenced in the text of the State material; or

(ii) attached permanently to the State material.

(2) The Department shall furnish to each of the local departments at least one up-to-date copy of all current federal regulations applicable to the operations of the local department.
Md. Code, Natural Resources § 4-301 — MD Code / Article gnr / Title 4 / Subtitle 3 / Section 4-301
§4–301.
Status: in_force

The Governor is hereby authorized and directed to execute a compact on behalf of the State of Maryland with any one or more of the states of Maine, New Hampshire, Connecticut, Rhode Island, New York, New Jersey, Delaware, Virginia, North Carolina, South Carolina, Georgia, Massachusetts and Florida and with such other states as may enter into the compact, legally joining in the form substantially as follows:

Atlantic States Marine Fisheries Compact

The contracting states solemnly agree:

Article I

The purpose of this compact is to promote the better utilization of the fisheries, marine, shell and anadromous, of the Atlantic seaboard by the development of a joint program for the promotion and protection of the fishing industry, and by the prevention of the physical waste of the fisheries from any cause.

Article II

This agreement shall become effective as to those states ratifying it whenever any two of the states of Maine, New Hampshire, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Delaware, Maryland, Virginia, North Carolina, South Carolina, Georgia and Florida have ratified it and Congress has given its consent. Any state contiguous with any of the aforementioned states and riparian upon waters frequented by anadromous fish, flowing into waters under the jurisdiction of any of the aforementioned states, may become a party hereto as hereinafter provided.

Article III

Each state joining herein shall appoint three representatives to a commission hereby constituted and designated as the Atlantic States Marine Fisheries Commission. One shall be the executive officer of the administrative agency of such state charged with the conservation of the fisheries resources to which this compact pertains, or, if there be more than one officer or agency, the official of that state named by the governor thereof. The second shall be a member of the legislature of such state designated by the Commission or committee on interstate cooperation of such state, or if there be none, by the governor thereof. The third shall be a citizen who shall have a knowledge of and interest in the marine fisheries problem to be appointed by the governor. This Commission shall be a body corporate with the powers and duties set forth herein.

Article IV

The duty of the said Commission shall be to make inquiry and ascertain from time to time such methods, practices, circumstances and conditions as may be disclosed for bringing about conservation and the prevention of the depletion and physical waste of the fisheries, marine, shell and anadromous, of the Atlantic seaboard. The Commission shall have power to recommend the coordination of the exercise of the police powers of the several states within their respective jurisdictions to promote the preservation of those fisheries and their protection against overfishing, waste, depletion or any abuse whatsoever and to assure a continuing yield from the fisheries resources of the aforementioned states.

To that end the Commission shall draft and, after consultation with the advisory committee, recommend to the governors and legislatures of the various signatory states legislation dealing with the conservation of the marine and anadromous fisheries of the Atlantic seaboard. The Commission shall, more than one month prior to any regular meeting of the legislature in any signatory state, present to the governor of the state its recommendations relating to enactments to be made by the legislature of that state in furthering the intents and purposes of this compact.

The Commission shall consult with and advise the pertinent administrative agencies in the states parties hereto with regard to problems connected with the fisheries and recommend the adoption of such regulations as it deems advisable.

The Commission shall have power to recommend to the states party hereto the stocking of the waters of such states with fish and fish eggs or joint stocking by some or all of the states party hereto and when two or more of the states shall jointly stock waters the Commission shall act as the coordinating agency for such stocking.

Article V

The Commission shall elect from its number a chairman and a vice–chairman and shall appoint and at its pleasure remove or discharge such officers and employees as may be required to carry the provisions of this compact into effect and shall fix and determine their duties, qualifications and compensation. Said Commission shall adopt rules and regulations for the conduct of its business. It may establish and maintain one or more offices for the transaction of its business and may meet at any time or place but must meet at least once a year.

Article VI

No action shall be taken by the Commission in regard to its general affairs except by the affirmative vote of a majority of the whole number of compacting states present at any meeting. No recommendation shall be made by the Commission in regard to any species of fish except by the affirmative vote of a majority of the compacting states which have an interest in that species. The Commission shall define what shall be an interest.

Article VII

The Fish and Wild Life Service of the Department of the Interior of the government of the United States shall act as the primary research agency of the Atlantic States Marine Fisheries Commission cooperating with the research agencies in each state for that purpose. Representatives of the said Fish and Wild Life Service shall attend the meetings of the Commission.

An advisory committee to be representative of the commercial fishermen and the salt water anglers and the other such interests of each state as the Commission deems advisable shall be established by the Commission as soon as practicable for the purpose of advising the Commission upon such recommendations as it may desire to make.

Article VIII

When any state other than those named specifically in Article II of this compact shall become a party thereto for the purpose of conserving anadromous fish in accordance with the provisions of Article II, the participation of such state in the action of the Commission shall be limited to species of anadromous fish.

Article IX

Nothing in this compact shall be construed to limit the powers of any signatory state or to repeal or prevent the enactment of any legislation or the enforcement of any requirement by any signatory state imposing additional conditions and restrictions to conserve its fisheries.

Article X

Continued absence of representation or of any representative in the Commission from any state party hereto shall be brought to the attention of the governor thereof.

Article XI

The states party hereto agree to appropriate to the support of the Commission in proportion to the primary market value of the products of their fisheries, exclusive of cod and haddock, as recorded in the most recent published reports of the Fish and Wild Life Service of the United States Department of the Interior, provided no state shall contribute less than two hundred dollars and the contribution of each state above the minimum shall be figured to the nearest one hundred dollars.

The compacting states agree to appropriate initially the amounts scheduled below, which amounts are calculated in the manner set forth herein, on the basis of the catch record of 1938. Subsequent budgets shall be recommended by majority of the Commission and submitted to the compacting states.

Schedule of initial state contributions:

Maine $ 700

New Hampshire 200

Massachusetts 2300

Rhode Island 300

Connecticut 400

New York 1300

New Jersey 800

Delaware 200

Maryland 700

Virginia 1300

North Carolina 600

South Carolina 200

Georgia 200

Florida 1500

Article XII

This compact shall continue in force and remain binding upon each ratifying state until renounced by it. Renunciation of this compact must be preceded by sending six months’ notice in writing of intention to withdraw from the compact to the other states party hereto.
Md. Code, Corporations and Associations § 4A-1203 — MD Code / Article gca / Title 4A / Subtitle 12 / Section 4A-1203
§4A–1203.
Status: in_force

(a) A limited liability company may elect to be a benefit limited liability company under this subtitle by including in its articles of organization a statement that the limited liability company is a benefit limited liability company.

(b) The name of a domestic benefit limited liability company or a foreign benefit limited liability company authorized to transact business in this State must comply with Title 1, Subtitle 5 of this article.
Md. Code, Housing and Community Development § 4-2803 — MD Code / Article ghs / Title 4 / Subtitle 28 / Section 4-2803
§4–2803.
Status: in_force

(a) In the fiscal year in which a qualified project is proposed, an individual or business entity may apply to the Department for financial assistance to cover the appraisal gap for the project in accordance with this section.

(b) The Department shall develop by regulation an application form and a process for the distribution of financial assistance under this section.

(c) Financial assistance provided under this section may be allocated among the partners, members, or shareholders of a business entity in any manner agreed to by those persons in writing.

(d) Financial assistance provided under this section may be used in conjunction with other State, federal, or local funding sources.

(e) A qualified project receiving financial assistance under this section shall be in compliance with local development and land use plans.
Md. Code, Criminal Procedure § 4-106 — MD Code / Article gcp / Title 4 / Subtitle 1 / Section 4-106
§4–106.
Status: in_force

(a) A charging document may describe an amount of money in dollars and cents without specifying the particular notes, denominations, coins, or certificates circulating as money that constitute the amount.

(b) A description of an amount of money in dollars and cents under subsection (a) of this section is sustained by proof of any number of notes, denominations, coins, or certificates circulating as money without proof of the particular species of notes, denominations, coins, or certificates that constitute the amount.
Md. Code, Housing and Community Development § 4-202 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-202
§4–202.
Status: in_force

The General Assembly finds that:

(1) in this era of rapid population growth and expansion and of increasing urbanization, there is a need in many areas of the State to promote sound community development;

(2) the political subdivisions do not have adequate resources to deal effectively with all of the problems of sound community development, and the ordinary operations of private enterprise cannot deal with them without State assistance;

(3) there is a need to coordinate and concentrate federal, State, regional, and local public and private community development efforts and resources;

(4) there is a shortage of adequate, safe, and sanitary housing for families of limited income, and increasing the housing supply for families of limited income will ease the shortage and promote sound community development;

(5) increasing opportunities for homeownership is desirable and promotes sound community development;

(6) reducing energy consumption and increasing the use of solar energy by providing financial assistance to encourage energy conservation and solar energy improvements to residential buildings and commercial buildings promote sound community development and the public interest;

(7) the public infrastructure maintained by political subdivisions, including streets, sidewalks, curbs, sewer and water systems, bridges, and public buildings, needs rehabilitation and construction;

(8) the resources necessary for financing infrastructure projects have become scarcer in recent years;

(9) providing an additional, accessible, and uncomplicated mechanism to finance infrastructure projects promotes sound community development, is vital to a strong economy, improves the quality of the environment, and otherwise promotes the health, safety, and welfare of the residents of the State;

(10) promoting sound community development is a proper public purpose and State use, for which public money may be spent and property may be acquired; and

(11) the functions and responsibilities of the Administration set forth in this subtitle are necessary to achieve the ends listed in this section.
Md. Code, Commercial Law § 4-204 — MD Code / Article gcl / Title 4 / Subtitle 2 / Section 4-204
§4–204.
Status: in_force

(a) A collecting bank shall send items by a reasonably prompt method, taking into consideration relevant instructions, the nature of the item, the number of those items on hand, the cost of collection involved, and the method generally used by it or others to present those items.

(b) A collecting bank may send:

(1) An item directly to the payor bank;

(2) An item to a nonbank payor if authorized by its transferor; and

(3) An item other than documentary drafts to any nonbank payor, if authorized by Federal Reserve regulation or operating circular, clearing-house rule, or the like.

(c) Presentment may be made by a presenting bank at a place where the payor bank or other payor has requested that presentment be made.