Md. Code, Correctional Services § 11-726 — MD Code / Article gcs / Title 11 / Subtitle 7 / Section 11-726
§11–726.
Status: in_force

(a) An individual who knowingly violates a restriction on movement imposed as a condition of leave, work release, or a home detention order or agreement under this subtitle is guilty of escape as provided in §§ 9-404 through 9-407 of the Criminal Law Article.

(b) An individual who knowingly violates any other condition of leave, work release, or a home detention order or agreement imposed under this subtitle is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 or imprisonment not exceeding 1 year or both.
Md. Code, Transportation § 11-103.1 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-103.1
§11–103.
Status: in_force

§11–103.1.

“Alcohol” means any substance or substances containing any form of alcohol, including ethanol, methanol, propynol, and isopropynol.
Md. Code, Real Property § 11-143 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-143
§11–143.
Status: in_force

This title may be cited as the Maryland Condominium Act.
Md. Code, Alcoholic Beverages and Cannabis § 11-806 — MD Code / Article gab / Title 11 / Subtitle 8 / Section 11-806
§11–806.
Status: in_force

(a) There is a beer and wine (hotel–limited service) license.

(b) The Board may issue the license to a person who owns or leases a hotel that contains:

(1) at least 50 rooms; and

(2) a kitchen licensed to operate as a food service facility.

(c) The license authorizes the license holder to sell beer and wine every day at one or more locations in the hotel for on–premises consumption.

(d) The annual license fee is $2,400 to be paid on or before May 1.
Md. Code, Real Property § 11-106 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-106
§11–106.
Status: in_force

(a) Each unit in a condominium has all of the incidents of real property.

(b) A description in any deed or other instrument affecting title to any unit which makes reference to the letter or number or other appropriate designation on the condominium plat together with a reference to the plat shall be a good and sufficient description for all purposes.
Md. Code, Criminal Procedure § 11-603 — MD Code / Article gcp / Title 11 / Subtitle 6 / Section 11-603
§11–603.
Status: in_force

(a) A court may enter a judgment of restitution that orders a defendant or child respondent to make restitution in addition to any other penalty for the commission of a crime or delinquent act, if:

(1) as a direct result of the crime or delinquent act, property of the victim was stolen, damaged, destroyed, converted, or unlawfully obtained, or its value substantially decreased;

(2) as a direct result of the crime or delinquent act, the victim suffered:

(i) actual medical, dental, hospital, counseling, funeral, or burial expenses or losses;

(ii) direct out–of–pocket loss;

(iii) loss of earnings; or

(iv) expenses incurred with rehabilitation;

(3) the victim incurred medical expenses that were paid by the Maryland Department of Health or any other governmental unit;

(4) a governmental unit incurred expenses in removing, towing, transporting, preserving, storing, selling, or destroying an abandoned vehicle as defined in § 25–201 of the Transportation Article;

(5) the Criminal Injuries Compensation Board paid benefits to a victim; or

(6) the Maryland Department of Health or other governmental unit paid expenses incurred under Subtitle 1, Part II of this title.

(b) A victim is presumed to have a right to restitution under subsection (a) of this section if:

(1) the victim or the State requests restitution; and

(2) the court is presented with competent evidence of any item listed in subsection (a) of this section.

(c) (1) A judgment of restitution does not preclude the property owner or the victim who suffered personal physical or mental injury, out–of–pocket loss of earnings, or support from bringing a civil action to recover damages from the restitution obligor.

(2) A civil verdict shall be reduced by the amount paid under the criminal judgment of restitution.

(d) In making a disposition on a finding that a child at least 13 years old has committed an act of graffiti under § 6–301(d) of the Criminal Law Article, the court shall order the child to perform community service or pay restitution or both.
Md. Code, State Government § 11-101 — MD Code / Article gsg / Title 11 / Subtitle 1 / Section 11-101
§11–101.
Status: in_force

(a) Unless the context requires otherwise, in this title the following words have the meanings indicated.

(b) “Applicant” means a person or governmental unit that applies for a development permit.

(c) “Coordinator” means the State Permit Coordinator.

(d) “Development permit” means a permit for a development project.

(e) “Development project” means a proposed construction or development for which more than 1 permit is required.

(f) “Governmental unit” includes:

(1) the State;

(2) a county, municipal corporation, or other political subdivision of the State; and

(3) a unit of a political subdivision of the State.

(g) “Local government” means:

(1) a county;

(2) a municipal corporation in the State; or

(3) a unit of a county or municipal corporation in the State.

(h) (1) “Permit” means a certificate, license, or other document of approval or permission required to be obtained from a local government or a State unit.

(2) “Permit” does not include:

(i) an action on a comprehensive zoning application;

(ii) an action on an application for a zoning map amendment, zoning special exception, zoning variance, or conditional zoning use; or

(iii) an occupational license or operating permit.

(i) (1) “State unit” means a unit of the State government.

(2) Except as provided in paragraph (3) of this subsection, “State unit” includes:

(i) a unit in a principal department of the Executive Branch of the State government; and

(ii) the governing body of a single county or multicounty district or authority.

(3) “State unit” does not include:

(i) the Board of Review of a principal department;

(ii) the governing body of a local government; or

(iii) a unit that a local government creates.
Md. Code, Alcoholic Beverages and Cannabis § 11-1506 — MD Code / Article gab / Title 11 / Subtitle 15 / Section 11-1506
§11–1506.
Status: in_force

Multiple licenses may be issued for the same premises or to an individual for the use of that individual, a partnership, a corporation, an unincorporated association, or a limited liability company if:

(1) the licenses are Class D beer or Class D beer and light wine licenses; and

(2) each premises is a bowling establishment that has at least 30 lanes with automatic pinsetters.
Md. Code, Economic Development § 11-319 — MD Code / Article gec / Title 11 / Subtitle 3 / Section 11-319
§11–319.
Status: in_force

An obligation of the authority is not a debt, liability, or pledge of the full faith and credit of the State or any county.
Md. Code, State Finance and Procurement § 11-101 — MD Code / Article gsf / Title 11 / Subtitle 1 / Section 11-101
§11–101.
Status: in_force

(a) In this Division II the following words have the meanings indicated unless:

(1) the context clearly requires a different meaning; or

(2) a different definition is provided for a particular title or provision.

(b) (1) “Architectural services” means professional or creative work that:

(i) is performed in connection with the design and supervision of construction or landscaping; and

(ii) requires architectural education, training, and experience.

(2) “Architectural services” includes consultation, research, investigation, evaluation, planning, architectural design and preparation of related documents, and coordination of services that structural, civil, mechanical, and electrical engineers and other consultants provide.

(3) “Architectural services” does not include construction inspection services, services provided in connection with an energy performance contract, or structural, mechanical, plumbing, or electrical engineering.

(c) “Bid” means a response to an invitation for bids under § 13–103 of this article.

(d) “Board” means the Board of Public Works.

(e) “Chief Procurement Officer” means an official of the Department of General Services who:

(1) shall be appointed by the Governor with the advice and consent of the Senate;

(2) except for procurement activity by a primary procurement unit other than the Department of General Services, is the head of all procurement activity for the Executive Branch of State government; and

(3) may engage in or control procurement for the Department of General Services in accordance with § 12–107(b)(2) of this article.

(f) (1) “Construction” means the process of building, altering, improving, or demolishing an improvement to real property.

(2) “Construction” includes any major work necessary to repair, prevent damage to, or sustain existing components of an improvement to real property.

(3) “Construction” does not include the maintenance or routine operation of an existing improvement to real property, or activities related to an energy performance contract.

(g) (1) “Construction related services” means feasibility studies, surveys, construction management, construction inspection, and similar efforts associated with construction or the acquisition of public improvements as defined in § 4–401(d) of this article.

(2) “Construction related services” does not include services provided in connection with an energy performance contract.

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

(i) “Energy performance contract” means an agreement for the provision of energy services, including electricity, heating, ventilation, cooling, steam, or hot water, in which a person agrees to design, install, finance, maintain, or manage energy systems or equipment to improve the energy efficiency of a building or facility in exchange for a portion of the energy savings.

(j) (1) “Engineering services” means professional or creative work that:

(i) is performed in connection with any utility, structure, building, machine, equipment, or process, including structural, mechanical, plumbing, electrical, geotechnical, and environmental engineering; and

(ii) requires engineering education, training, and experience in the application of special knowledge of the mathematical, physical, and engineering sciences.

(2) “Engineering services” includes consultation, investigation, evaluation, planning, design, and inspection of construction to interpret and ensure compliance with specifications and design within the scope of inspection services.

(3) “Engineering services” does not include services provided in connection with an energy performance contract.

(k) “Information technology” has the meaning stated in § 3.5–301 of this article.

(l) “Invitation for bids” means any document used for soliciting bids under § 13–103 of this article.

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

(n) “Primary procurement units” means:

(1) the State Treasurer;

(2) the Department of General Services;

(3) the Department of Transportation;

(4) the University System of Maryland;

(5) the Maryland Port Commission;

(6) the Morgan State University; and

(7) the St. Mary’s College of Maryland.

(o) (1) “Procurement” means the process of:

(i) leasing real or personal property as lessee; or

(ii) buying or otherwise obtaining supplies, services, construction, construction related services, architectural services, engineering services, or services provided under an energy performance contract.

(2) “Procurement” includes the solicitation and award of procurement contracts and all phases of procurement contract administration.

(p) (1) “Procurement contract” means an agreement in any form entered into by a unit for procurement.

(2) “Procurement contract” does not include:

(i) a collective bargaining agreement with an employee organization;

(ii) an agreement with a contractual employee, as defined in § 1–101(d) of the State Personnel and Pensions Article;

(iii) a Medicaid, Judicare, or similar reimbursement contract for which law sets:

1. user or recipient eligibility; and

2. price payable by the State; or

(iv) a Medicaid contract with a managed care organization, as defined in § 15–101(e) of the Health – General Article as to which regulations adopted by the Department establish:

1. recipient eligibility;

2. minimum qualifications for managed care organizations; and

3. criteria for enrolling recipients in managed care organizations.

(q) “Procurement officer” means an individual authorized by a unit to:

(1) enter into a procurement contract;

(2) administer a procurement contract; or

(3) make determinations and findings with respect to a procurement contract.

(r) “Proposal” means a response to any solicitation other than an invitation for bids.

(s) “Request for proposals” means any document used for soliciting proposals.

(t) “Responsible bidder or offeror” means a person who:

(1) has the capability in all respects to perform fully the requirements for a procurement contract; and

(2) possesses the integrity and reliability that will ensure good faith performance.

(u) “Responsive bid” means a bid that:

(1) is submitted under § 13–103 of this article; and

(2) conforms in all material respects to the invitation for bids.

(v) (1) Except as provided in paragraph (3) of this subsection, “services” means:

(i) the labor, time, or effort of a contractor; and

(ii) any product or report necessarily associated with the rendering of a service.

(2) “Services” includes:

(i) services provided by attorneys, accountants, physicians, consultants, and other professionals who are independent contractors; and

(ii) information technology services and cybersecurity.

(3) “Services” does not include:

(i) construction related services;

(ii) architectural services;

(iii) engineering services; or

(iv) energy performance contract services.

(w) “State” means:

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

(2) the District of Columbia.

(x) (1) “State correctional facilities” means correctional institutions, and all places of correctional confinement, that are located within the State of Maryland and are primarily operated by the Maryland State government.

(2) “State correctional facilities” includes Patuxent Institution.

(y) “Statewide contract” means a contract that has been procured by a primary procurement unit to be used by all units or any entity listed in § 4–316 of this article.

(z) (1) “Supplies” means:

(i) insurance;

(ii) tangible personal property including information technology hardware and software;

(iii) printing; and

(iv) services necessarily associated with insurance or tangible personal property.

(2) “Supplies” does not include:

(i) an interest in real property; or

(ii) tangible personal property acquired or used in connection with an energy performance contract.

(aa) (1) “Unit” means an officer or other entity that is in the Executive Branch of the State government and is authorized by law to enter into a procurement contract.

(2) “Unit” does not include:

(i) a bistate, multistate, bicounty, or multicounty governmental agency; or

(ii) a special tax district, sanitary district, drainage district, soil conservation district, water supply district, or other political subdivision of the State.
Md. Code, Real Property § 11-113 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-113
§11–113.
Status: in_force

(a) Unless the declaration or bylaws state otherwise, the dispute settlement mechanism provided by this section is applicable to complaints or demands formally arising on or after October 1, 2022.

(b) (1) The council of unit owners or board of directors may not impose a fine, suspend voting, or infringe upon any other rights of a unit owner or other occupant for violations of rules until the procedures in this subsection are followed.

(2) A written demand to cease and desist from an alleged violation shall be provided to the alleged violator specifying:

(i) The alleged violation;

(ii) The action required to abate the violation; and

(iii) A time period, not less than 15 days, during which the violation may be abated without further sanction, if the violation is a continuing one, or a statement that any further violation of the same rule may result in the imposition of sanction after notice and opportunity for hearing if the violation is not continuing.

(3) Within 12 months of the demand, if the violation continues past the period allowed in the demand for abatement without penalty or if the same rule is violated subsequently, the board shall provide the alleged violator, at the alleged violator’s address of record, with a written notice of the alleged violator’s right to request a hearing to be held by the board in executive session containing:

(i) The nature of the alleged violation;

(ii) The procedures for requesting a hearing at which the alleged violator may produce any statement, evidence, or witnesses on behalf of the alleged violator;

(iii) The period of time for requesting a hearing, which may not be less than 10 days from the giving of the notice; and

(iv) The proposed sanction to be imposed.

(4) (i) If the alleged violator requests a hearing within the period of time specified in the notice provided under paragraph (3) of this subsection, the board shall provide the alleged violator with written notice of the time and place of the hearing, which time may not be less than 10 days after the date the request for a hearing was provided.

(ii) 1. At the hearing, the alleged violator has the right to present evidence and present and cross–examine witnesses.

2. The hearing shall be held in executive session pursuant to this notice and shall afford the alleged violator a reasonable opportunity to be heard.

3. A. Prior to the taking effect of any sanction hereunder, proof of notice shall be entered in the minutes of the meeting.

B. The proof of notice shall be deemed adequate if a copy of the notice, together with a statement of the date and manner of providing the notice, is entered in the minutes by the officer or director who provided the notice.

C. The notice requirement shall be deemed satisfied if the alleged violator appears at the meeting.

4. The minutes of the meeting shall contain a written statement of the results of the hearing and the sanction, if any, imposed.

(5) If the alleged violator does not request a hearing within the period of time specified in the notice provided under paragraph (3) of this subsection, the board, at the next meeting, shall deliberate as to whether the violation occurred and decide whether a sanction is appropriate for the violation.

(6) A decision in accordance with these procedures shall be appealable to the courts of Maryland.

(c) (1) If any unit owner fails to comply with this title, the declaration, or bylaws, or a decision rendered in accordance with this section, the unit owner may be sued for damages caused by the failure or for injunctive relief, or both, by the council of unit owners or by any other unit owner.

(2) The prevailing party in any proceeding under this subsection is entitled to an award for counsel fees as determined by court.

(d) The failure of the council of unit owners to enforce a provision of this title, the declaration, or bylaws on any occasion is not a waiver of the right to enforce the provision on any other occasion.
Md. Code, Financial Institutions § 11-218 — MD Code / Article gfi / Title 11 / Subtitle 2 / Section 11-218
§11–218.
Status: in_force

(a) Any applicant for a license or any licensee who is aggrieved by a decision of the Commissioner to deny an application for or suspend or revoke a license may appeal:

(1) To the circuit court for the county in which the aggrieved person resides or did business; or

(2) To the Circuit Court for Baltimore City.

(b) An appeal shall be heard and decided on the record of the proceedings before the Commissioner. However, if the court finds that additional evidence is necessary, the court may permit that evidence to be introduced.

(c) If a decision of the Commissioner is appealed, the court may reverse, affirm, or modify the decision.

(d) The aggrieved applicant or licensee or the Commissioner may appeal the decision of the court to the Appellate Court of Maryland.
Md. Code, Commercial Law § 11-1501 — MD Code / Article gcl / Title 11 / Subtitle 15 / Section 11-1501
§11–1501.
Status: in_force

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

(b) “Performing group” means a vocal or instrumental group seeking to use the name of a recording group.

(c) “Recording group” means a vocal or instrumental group with at least one member who has:

(1) Previously released a commercial sound recording under that group’s name; and

(2) A legal right to use the group’s name due to the member’s use of or operation under the group’s name without having abandoned the name or affiliation with the group.

(d) “Sound recording” means a work that results from the fixation on a material object of a series of musical, spoken, or other sounds regardless of the nature of the material object, such as a disk, tape, or other phonorecord, in which the sounds are embodied.
Md. Code, Agriculture § 11-205 — MD Code / Article gag / Title 11 / Subtitle 2 / Section 11-205
§11–205.
Status: in_force

The Secretary shall test the standards of weights and measures and other appropriate equipment possessed and used by any serviceman and any service agency engaged in the maintenance and repair of weighing and measuring devices. He shall charge reasonable testing fees.
Md. Code, Transportation § 11-141 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-141
§11–141.
Status: in_force

“Operate”, as used in reference to a vehicle, means to drive, as defined in this subtitle.
Md. Code, Criminal Procedure § 11-922 — MD Code / Article gcp / Title 11 / Subtitle 9 / Section 11-922
§11–922.
Status: in_force

In this part, “sexual assault” means rape or a sexual offense in any degree that is specified in §§ 3–303 through 3–310, § 3–314, or § 3–315 of the Criminal Law Article.
Md. Code, Transportation § 11-115 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-115
§11–115.
Status: in_force

“Driver” means any individual who drives a vehicle.
Md. Code, Real Property § 11B-111.12 — MD Code / Article grp / Title 11B / Subtitle 1 / Section 11B-111.12
§11B–111.
Status: in_force

§11B–111.12.

(a) (1) In this section, “sensitive information” means an individual’s:

(i) Social Security card or Social Security number;

(ii) Individual Taxpayer Identification Number;

(iii) Birth certificate;

(iv) Racial or ethnic origin;

(v) National origin;

(vi) Citizenship or immigration status;

(vii) Religious or philosophical beliefs; or

(viii) Medical records.

(2) “Sensitive information” does not include an individual’s government–issued photo identification, such as a driver’s license.

(b) A homeowners association may not require a lot owner or occupant, or the guest or child of a lot owner or occupant, to provide sensitive information as a condition for accessing or using a recreational common area, such as a reading lounge, game room, playground, or swimming pool.
Md. Code, Criminal Procedure § 11-615 — MD Code / Article gcp / Title 11 / Subtitle 6 / Section 11-615
§11–615.
Status: in_force

(a) In a restitution hearing held under § 11-603 of this subtitle, a written statement or bill for medical, dental, hospital, counseling, funeral, or burial expenses is legally sufficient evidence of the amount, fairness, and reasonableness of the charges and the necessity of the services or materials provided.

(b) A person who challenges the fairness and reasonableness or the necessity of the amount on the statement or bill has the burden of proving that the amount is not fair and reasonable.
Md. Code, Alcoholic Beverages and Cannabis § 11-1902 — MD Code / Article gab / Title 11 / Subtitle 19 / Section 11-1902
§11–1902.
Status: in_force

(a) A holder of a Class A license may employ an individual at least 16 years old to stock alcoholic beverages.

(b) An individual at least 18 years old may serve alcoholic beverages while acting as a server.

(c) An individual under the age of 21 years may not act as a bartender or in any solely bar–related capacity.
Md. Code, Education § 11-1801 — MD Code / Article ged / Title 11 / Subtitle 18 / Section 11-1801
§11–1801.
Status: in_force

§11–1801. IN EFFECT

// EFFECTIVE UNTIL JULY 31, 2027 PER CHAPTER 342 OF 2024 //

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

(b) “Governing entity” means:

(1) The President of the University of Maryland, College Park Campus; or

(2) The President of Morgan State University.

(c) “Participating institution of higher education” means the University of Maryland, College Park Campus and Morgan State University.

(d) “Pilot Program” means the Financial Well–Being Pilot Program.

(e) “Students who may benefit from financial coaching services” means students who:

(1) Are dealing with significant personal financial burdens or complex student loan debts;

(2) Are experiencing high levels of anxiety due to personal financial burdens; or

(3) Lack financial literacy knowledge or skills.
Md. Code, Correctional Services § 11-602 — MD Code / Article gcs / Title 11 / Subtitle 6 / Section 11-602
§11–602.
Status: in_force

(a) (1) (i) When an individual is convicted of a crime and sentenced to a local correctional facility, the sentencing judge may allow the individual, to the extent possible, to continue the individual’s regular employment or obtain new employment during the incarcerated individual’s term of confinement.

(ii) When an individual is adjudicated to be in contempt of court and committed to the custody of a local correctional facility, the judge who commits the individual may allow the individual, to the extent possible, to continue the individual’s regular employment or obtain new employment during the period in which the individual is committed to the custody of the local correctional facility.

(2) If a judge allows an individual to continue employment or obtain new employment under paragraph (1) of this subsection, the judge shall designate either the managing official of the local correctional facility or the Division of Parole and Probation to supervise, arrange for, or obtain employment for the individual.

(b) If a judge designates a managing official or the Division of Parole and Probation to arrange for or obtain employment for an incarcerated individual as provided under subsection (a)(2) of this section, the managing official or Division:

(1) in the case of an incarcerated individual who has been regularly employed, shall arrange for continuation of employment without interruption to the extent possible; and

(2) in the case of an incarcerated individual who is not employed, shall make every effort to secure suitable employment that pays a fair and reasonable wage.

(c) If a managing official or the Division of Parole and Probation secures suitable employment for an incarcerated individual that pays a fair and reasonable wage, the incarcerated individual shall work a fair and reasonable number of hours each day and week.
Md. Code, Business Regulation § 11-201 — MD Code / Article gbr / Title 11 / Subtitle 2 / Section 11-201
§11–201.
Status: in_force

There is a State Racing Commission in the Department.
Md. Code, Real Property § 11-111 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-111
§11–111.
Status: in_force

(a) (1) The council of unit owners or the body delegated in the bylaws of a condominium to carry out the responsibilities of the council of unit owners may adopt rules for the condominium if:

(i) Each unit owner is mailed or delivered:

1. A copy of the proposed rule;

2. Notice that unit owners are permitted to submit written comments on the proposed rule; and

3. Notice of the proposed effective date of the proposed rule;

(ii) Subject to paragraph (2) of this subsection, before a vote is taken on the proposed rule, an open meeting is held to allow each unit owner or tenant to comment on the proposed rule; and

(iii) After notice has been given to unit owners as provided in this subsection, the proposed rule is passed at a regular or special meeting by a majority vote of those present and voting of the council of unit owners or the body delegated in the bylaws of the condominium to carry out the responsibilities of the council of unit owners.

(2) A meeting held under paragraph (1)(ii) of this subsection may not be held unless:

(i) Each unit owner receives written notice at least 15 days before the meeting; and

(ii) A quorum of the council of unit owners or the body delegated in the bylaws of the condominium to carry out the responsibilities of the council of unit owners is present.

(b) (1) The vote on the proposed rule shall be final unless:

(i) Within 15 days after the vote, to adopt the proposed rule, 15 percent of the council of unit owners sign and file a petition with the body that voted to adopt the proposed rule, calling for a special meeting;

(ii) A quorum of the council of unit owners attends the meeting; and

(iii) At the meeting, 50 percent of the unit owners present and voting disapprove the proposed rule, and the unit owners voting to disapprove the proposed rule are more than 33 percent of the total votes in the condominium.

(2) During the special meetings held under paragraph (1) of this subsection, unit owners, tenants, and mortgagees may comment on the proposed rule.

(3) A special meeting held under paragraph (1) of this subsection shall be held:

(i) After the unit owners and any mortgagees have at least 15 days’ written notice of the meeting; and

(ii) Within 30 days after the day on which the petition is received by the body.

(c) (1) Each unit owner or tenant may request an individual exception to a rule adopted while the individual was the unit owner or tenant of the condominium.

(2) The request for an individual exception under paragraph (1) of this subsection shall be:

(i) Written;

(ii) Filed with the body that voted to adopt the proposed rule; and

(iii) Filed within 30 days after the effective date of the rule.

(d) (1) Each rule adopted under this section shall state that the rule was adopted under the provisions of this section.

(2) A rule may not be adopted under this section after July 1, 1984, if the rule is inconsistent with the condominium declaration or bylaws.

(3) This section does not apply to rules adopted before July 1, 1984.
Md. Code, Courts and Judicial Proceedings § 11-203 — MD Code / Article gcj / Title 11 / Subtitle 2 / Section 11-203
§11–203.
Status: in_force

(a) In an action on the bond of the clerk of a court or register of wills, the measure of damages is the sum the clerk or register charged for the services he has not performed.

(b) If a person sustains special damages because the clerk or register fails to perform the services requested, the person shall be compensated for the special damages in addition to the clerk’s fees.
Md. Code, Tax - General § 11-233 — MD Code / Article gtg / Title 11 / Subtitle 2 / Section 11-233
§11–233.
Status: in_force

The sales and use tax does not apply to a sale of a light rail transit vehicle or related equipment if the vehicle will be used to provide transit service on the Purple Line in Montgomery County and Prince George’s County.
Md. Code, Education § 11-1804 — MD Code / Article ged / Title 11 / Subtitle 18 / Section 11-1804
§11–1804.
Status: in_force

§11–1804. IN EFFECT

// EFFECTIVE UNTIL JULY 31, 2027 PER CHAPTER 342 OF 2024 //

(a) A financial well–being coach shall:

(1) (i) Assist students in understanding the students’ personal financial needs and resources;

(ii) Assist students in the process of making informed personal financial decisions;

(iii) Share relevant financial literacy resources with students; and

(iv) Assist students in managing personal financial obligations during college and after graduation;

(2) While providing the support services listed in item (1) of this subsection, focus on:

(i) The behavioral and emotional aspects of personal finances; and

(ii) How a student can successfully achieve personal financial goals and establish healthy financial habits;

(3) Carry a caseload that is comparable to the caseload of an academic advisor at the participating institution of higher education;

(4) Survey each student before the student begins financial coaching services and after the student completes financial coaching services and evaluate the effectiveness of the financial coaching services; and

(5) At the end of the Pilot Program, create a document with best practices, processes, and guidance that other institutions of higher education can use to create a financial well–being coaching program.

(b) (1) A financial well–being coach may provide financial coaching services to students in the following settings:

(i) Group coaching sessions;

(ii) Individual coaching sessions; and

(iii) During the financial well–being coach’s drop–in advisory hours.

(2) When scheduling individual coaching sessions, a financial well–being coach shall prioritize students who:

(i) Most likely will have a debt to potential future income ratio that will lead to a monthly loan payment greater than 10% of the student’s projected future income;

(ii) Have an annual household income that is at or below 185% of the federal poverty level as determined annually by the U.S. Department of Health and Human Services; or

(iii) Lack financial skills and financial literacy education.
Md. Code, Real Property § 11-116 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-116
§11–116.
Status: in_force

(a) The council of unit owners shall keep books and records in accordance with good accounting practices on a consistent basis.

(b) On the request of the unit owners of at least 5 percent of the units, the council of unit owners shall cause an audit of the books and records to be made by an independent certified public accountant, provided an audit shall be made not more than once in any consecutive 12–month period. The cost of the audit shall be a common expense.

(c) (1) (i) Except as provided in paragraph (3) of this subsection, all books and records, including insurance policies, kept by the council of unit owners shall be maintained in Maryland or within 50 miles of its borders and shall be available at some place designated by the council of unit owners for examination or copying, or both, by any unit owner, a unit owner’s mortgagee, or their respective duly authorized agents or attorneys, during normal business hours, and after reasonable notice.

(ii) If a unit owner requests in writing a copy of financial statements of the condominium or the minutes of a meeting of the board of directors or other governing body of the condominium to be delivered, the board of directors or other governing body of the condominium shall compile and send the requested information by mail, electronic transmission, or personal delivery:

1. Within 21 days after receipt of the written request, if the financial statements or minutes were prepared within the 3 years immediately preceding receipt of the request; or

2. Within 45 days after receipt of the written request, if the financial statements or minutes were prepared more than 3 years before receipt of the request.

(2) Books and records required to be made available under paragraph (1) of this subsection shall first be made available to a unit owner not later than 15 business days after a unit is conveyed from a developer and the unit owner requests to examine or copy the books and records.

(3) Books and records kept by or on behalf of a council of unit owners may be withheld from public inspection, except for inspection by the person who is the subject of the record or the person’s designee or guardian, to the extent that they concern:

(i) Personnel records, not including information on individual salaries, wages, bonuses, and other compensation paid to employees;

(ii) An individual’s medical records;

(iii) An individual’s personal financial records, including assets, income, liabilities, net worth, bank balances, financial history or activities, and creditworthiness;

(iv) Records relating to business transactions that are currently in negotiation;

(v) The written advice of legal counsel; or

(vi) Minutes of a closed meeting of the board of directors or other governing body of the council of unit owners, unless a majority of a quorum of the board of directors or governing body that held the meeting approves unsealing the minutes or a recording of the minutes for public inspection.

(d) (1) (i) Except as otherwise provided in this subsection, the council of unit owners may impose a reasonable charge on a person desiring to review or copy the books and records of the condominium or who requests delivery of information.

(ii) The council of unit owners may not impose any charges under this section other than those authorized under subparagraph (i) of this paragraph.

(2) A unit owner may not be charged for:

(i) Examining the financial statements of the condominium in person where the financial statements are maintained in accordance with subsection (c)(1)(i) of this section; or

(ii) Receiving the financial statements of the condominium through electronic transmission in accordance with subsection (c)(1)(ii) of this section.

(3) A charge imposed under paragraph (1) of this subsection for copying books and records may not exceed the limits authorized under Title 7, Subtitle 2 of the Courts Article.
Md. Code, Correctional Services § 11-707 — MD Code / Article gcs / Title 11 / Subtitle 7 / Section 11-707
§11–707.
Status: in_force

(a) This section applies only in Caroline County.

(b) While confined in the Caroline County Jail, an incarcerated individual employed under § 11–602 of this title shall pay:

(1) court–ordered payments for restitution; and

(2) the cost of the incarcerated individual’s food, lodging, and clothing.

(c) The County Commissioners shall:

(1) establish the per diem rate for an incarcerated individual’s food, lodging, and clothing; and

(2) designate an agent to collect the costs specified in this section.
Md. Code, Business Regulation § 11-525 — MD Code / Article gbr / Title 11 / Subtitle 5 / Section 11-525
§11–525.
Status: in_force

(a) On all races the State Fair Society holds each year, the State Fair Society may keep:

(1) 10.25% of each regular mutuel pool;

(2) 10.25% of each multiple mutuel pool on 2 horses;

(3) 10.25% of the money bet in the first race of the day with a multiple mutuel pool on 3 or more horses;

(4) 14% of the money bet in every other race with a multiple mutuel pool on 3 or more horses; and

(5) 50% of the breakage.

(b) (1) Within 5 days after the end of a race meeting the State Fair Society each year shall pay to the Commission, from the State Fair Society’s share of the takeout, a 3.5% State tax on the handle for the race meeting.

(2) However, the State Fair Society is exempt from paying the tax on the handle for all racing days held at Timonium Race Course during the State Fair.

(3) The Commission promptly shall pay the tax collected under this subsection to the Comptroller.

(c) For each race that the State Fair Society holds, the State Fair Society shall allocate to purses:

(1) 5% of each regular mutuel pool;

(2) 7% of each multiple mutuel pool on 2 horses;

(3) 13% of the money bet in the first race of the day with a multiple mutuel pool on 3 or more horses;

(4) 9.25% of the money bet in every other race with a multiple mutuel pool on 3 or more horses; and

(5) 45% of the breakage.

(d) The State Fair Society shall allocate to the Maryland-Bred Race Fund:

(1) 5% of the breakage; and

(2) 1.50% of the mutuel pools.

(e) The State Fair Society shall allocate 0.25% of the mutuel pools to the Maryland Race Track Employees Pension Fund.
Md. Code, Criminal Procedure § 11-626 — MD Code / Article gcp / Title 11 / Subtitle 6 / Section 11-626
§11–626.
Status: in_force

Notwithstanding any other law, including the statute of limitations for a wrongful death action, a victim or victim’s representative who seeks to bring a civil action under Part II of this subtitle shall bring the action against a defendant within 5 years after the Attorney General establishes an escrow account.
Md. Code, Alcoholic Beverages and Cannabis § 11-904 — MD Code / Article gab / Title 11 / Subtitle 9 / Section 11-904
§11–904.
Status: in_force

(a) There are:

(1) a Class D beer, wine, and liquor license for on– and off–premises consumption; and

(2) a limited Class D beer, wine, and liquor license for on–premises consumption only.

(b) When an application for a new Class D beer, wine, and liquor license is filed, the Board may limit the sale of beer, wine, and liquor to allow on–premises consumption only.

(c) The annual license fees are:

(1) $1,200 for a Class D license; and

(2) $1,080 for a limited Class D license.
Md. Code, Business Regulation § 11-603 — MD Code / Article gbr / Title 11 / Subtitle 6 / Section 11-603
§11–603.
Status: in_force

A licensee may hold harness racing only with standardbred horses.
Md. Code, Alcoholic Beverages and Cannabis § 11-1805 — MD Code / Article gab / Title 11 / Subtitle 18 / Section 11-1805
§11–1805.
Status: in_force

(a) (1) (i) A license may not be renewed unless the license holder has actively engaged in the sale of alcoholic beverages as authorized by the license within 1 year before the date of application for renewal.

(ii) An attempted renewal of a dormant license not in accordance with this section is void.

(2) Except as provided in paragraph (3) of this subsection, the reissuance of a dormant license is subject to the hearing, notice, and other provisions of Title 4, Subtitle 2 of this article.

(3) The Board may renew or reissue the dormant license of a license holder without holding a hearing if:

(i) the main building of the licensed premises has been destroyed by fire, wind, or flood; and

(ii) the license holder proves that substantial efforts are being made to restore, replace, or repair the licensed premises.

(b) (1) A license reissuance is in effect for 1 year after the Board approves the reissuance.

(2) The license holder may seek a reissuance for an additional year by following the procedures of this section.

(3) The license holder shall pay the annual license fee for each year of the reissuance, including any year that the licensed premises is not open.
Md. Code, Commercial Law § 11-201 — MD Code / Article gcl / Title 11 / Subtitle 2 / Section 11-201
§11–201.
Status: in_force

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

(b) “Attorney General” means the Attorney General of Maryland or his designee.

(c) “Commodity” means goods, wares, merchandise, machinery, supplies, or any other articles in trade or commerce.

(d) “County” includes Baltimore City.

(e) “Court” means the circuit court of a county.

(f) “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(g) “Service” means any activity performed in whole or in part for the purpose of financial gain, and includes any sale, rental, leasing, or licensing for use.

(h) “Trade or commerce” includes all economic activity within the State which involves or relates to any commodity or service.
Md. Code, Health Occupations § 11-505 — MD Code / Article gho / Title 11 / Subtitle 5 / Section 11-505
§11–505.
Status: in_force

(a) A person who violates any provision of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500 or imprisonment not exceeding 6 months or both.

(b) (1) This subsection does not apply to:

(i) An individual licensed under Title 14, Subtitle 3 of this article; or

(ii) An individual supervised by an individual licensed under Title 14, Subtitle 3 of this article.

(2) A person who violates § 11–501, § 11–502, or § 11–504 of this subtitle is subject to a civil fine not exceeding $50,000 to be assessed by the Board in accordance with regulations adopted by the Board.
Md. Code, State Finance and Procurement § 11-203 — MD Code / Article gsf / Title 11 / Subtitle 2 / Section 11-203
§11–203.
Status: reserved

§11–203. IN EFFECT

(a) Except as provided in subsection (b) of this section, this Division II does not apply to:

(1) procurement by:

(i) the Blind Industries and Services of Maryland;

(ii) the Maryland State Arts Council, for the support of the arts;

(iii) the Maryland Health and Higher Educational Facilities Authority, if no State money is to be spent on a procurement contract;

(iv) the Maryland Industrial Training Program or the Partnership for Workforce Quality Program in the Department of Commerce, for training services or programs for new or expanding businesses or industries or businesses or industries in transition;

(v) the Maryland Food Center Authority, to the extent the Authority is exempt under Title 10, Subtitle 2 of the Economic Development Article;

(vi) the Maryland Public Broadcasting Commission:

1. for services of artists for educational and cultural television productions; or

2. when planning for or fulfilling the obligations of grants or cooperative agreements that support the educational and cultural activities of the Commission;

(vii) public institutions of higher education, for cultural, entertainment, and intercollegiate athletic procurement contracts;

(viii) the Maryland State Planning Council on Developmental Disabilities, for services to support demonstration, pilot, and training programs;

(ix) the Maryland Historical Trust for:

1. surveying and evaluating architecturally, archeologically, historically, or culturally significant properties; and

2. other than as to architectural services, preparing historic preservation planning documents and educational material;

(x) the University of Maryland, for Global Campus Overseas Programs, if the University adopts regulations that:

1. establish policies and procedures governing procurement for Global Campus Overseas Programs; and

2. promote the purposes stated in § 11–201(a) of this subtitle;

(xi) the Department of Commerce, for negotiating and entering into private sector cooperative marketing projects that directly enhance promotion of Maryland and the tourism industry where there will be a private sector contribution to the project of not less than 50% of the total cost of the project, if the project is reviewed by the Attorney General and approved by the Secretary of Commerce or the Secretary’s designee;

(xii) the Rural Maryland Council;

(xiii) the Maryland State Lottery and Gaming Control Agency, for negotiating and entering into private sector cooperative marketing projects that directly enhance promotion of the Maryland State Lottery and its products, if the cooperative marketing project:

1. provides a substantive promotional or marketing value that the lottery determines acceptable in exchange for advertising or other promotional activities provided by the lottery;

2. does not involve the advertising or other promotion of alcohol or tobacco products; and

3. is reviewed by the Attorney General and approved by the Maryland Lottery Director or the Director’s designee;

(xiv) the Maryland Health Insurance Plan established under Title 14, Subtitle 5 of the Insurance Article;

(xv) the Maryland Energy Administration, when negotiating or entering into grants or cooperative agreements with private entities to meet federal specifications or solicitation requirements related to energy conservation, energy efficiency, or renewable energy projects that benefit the State;

(xvi) the Maryland Developmental Disabilities Administration of the Maryland Department of Health for family and individual support services, and individual family care services, as those terms are defined by the Maryland Department of Health in regulation;

(xvii) the Department of General Services for the rehabilitation of a structure that is listed in or eligible for listing in the National Register of Historic Places, to the extent the procurement is necessary to preserve the historic fabric of the structure impacted by the rehabilitation, as determined by the Department of General Services in consultation with the Maryland Historical Trust;

(xviii) the Department of Natural Resources, for:

1. negotiating or entering into grants, agreements, or partnerships with nonprofit entities related to conservation service opportunities; and

2. negotiating or entering into pay–for–success contracts in accordance with § 13–112.1 of this Division II; and

(xix) the State Archives for preservation, conservation, proper care, restoration, and transportation of fine art or decorative art that is:

1. in the custody of the Commission on Artistic Property; and

2. owned by or loaned to the State;

(2) procurement by a unit from:

(i) another unit;

(ii) a political subdivision of the State;

(iii) an agency of a political subdivision of the State;

(iv) a government, including the government of another state, of the United States, or of another country;

(v) an agency or political subdivision of a government; or

(vi) a bistate, multistate, bicounty, or multicounty governmental agency; or

(3) procurement in support of enterprise activities for the purpose of:

(i) direct resale; or

(ii) remanufacture and subsequent resale.

(b) (1) The following provisions of this Division II apply to each procurement enumerated in subsection (a) of this section:

(i) § 11–205 of this subtitle (“Collusion”);

(ii) § 10–204 of this article (“Approval for designated contracts”);

(iii) Title 12, Subtitle 2 of this article (“Supervision of Capital Expenditures and Real Property Leases”);

(iv) § 13–219 of this article (“Required clauses – Nondiscrimination clause”);

(v) § 13–221 of this article (“Disclosures to Secretary of State”);

(vi) Title 12, Subtitle 4 of this article (“Policies and Procedures for Exempt Units”);

(vii) § 15–112 of this article (“Change orders”);

(viii) § 15–113 of this article (“Liquidated damages policies and reporting”);

(ix) Title 16 of this article (“Suspension and Debarment of Contractors”); and

(x) Title 17 of this article (“Special Provisions – State and Local Subdivisions”).

(2) A procurement by an entity listed in subsection (a)(1)(i) through (xiii) and (xvii) of this section shall be made under procedures that promote the purposes stated in § 11–201(a) of this subtitle.

(3) (i) A unit that procures human, social, or educational services from an entity enumerated in subsection (a)(2) of this section shall publish in eMaryland Marketplace notice of a procurement contract or an extension or renewal of a procurement contract if:

1. the procurement contract, extension, or renewal costs more than $50,000; and

2. the procurement is made for 3rd party clients described in § 13–106 of this article.

(ii) The notice required under this paragraph shall be published not more than 30 days after the execution and approval of the procurement contract or the extension or renewal of the procurement contract.

(4) The purchase of advisory services from the General Selection Board or the Transportation Selection Board under § 13–305 of this article shall be governed by the Maryland Architectural and Engineering Services Act.

(c) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitles 3 and 8 of this article and except for §§ 15–112 and 15–113 of this article, this Division II does not apply to the Maryland Stadium Authority.

(d) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitle 3 of this article and except for § 15–113 of this article, this Division II does not apply to the Board of Trustees of the State Retirement and Pension System for:

(1) services of managers to invest the assets of the State Retirement and Pension System, including real and personal property;

(2) expenditures to manage, maintain, and enhance the value of the assets of the State Retirement and Pension System in accordance with investment guidelines adopted by the Board of Trustees;

(3) services related to the administration of the optional retirement program under Title 30 of the State Personnel and Pensions Article;

(4) services related to the administration of the Postretirement Health Benefits Trust Fund; and

(5) expenditures for the safe custody, domestic or global, of investments as provided under § 21–123(f) of the State Personnel and Pensions Article.

(e) (1) In this subsection, “University” means the University System of Maryland, Morgan State University, or St. Mary’s College of Maryland.

(2) Except as otherwise provided in this subsection, this Division II does not apply to the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College.

(3) (i) A procurement by a University or Baltimore City Community College shall comply with the policies and procedures developed by the University or Baltimore City Community College and approved by the Board of Public Works and the Administrative, Executive, and Legislative Review Committee of the General Assembly in accordance with:

1. § 12–112 of the Education Article for the University System of Maryland;

2. § 14–109 of the Education Article for Morgan State University;

3. § 14–405(f) of the Education Article for St. Mary’s College of Maryland; or

4. § 16–505.3 of the Education Article for Baltimore City Community College.

(ii) 1. The review and approval of the Board of Public Works shall be required for the following types of contracts with a value that exceeds $1,000,000 for a University or $500,000 for Baltimore City Community College:

A. capital improvements; and

B. services.

2. In its review of a contract for services or capital improvements with a value that exceeds $1,000,000, the Board of Public Works may request the comments of the appropriate agencies, including the Department of Budget and Management and the Department of General Services.

3. For Baltimore City Community College contracts that are not subject to the review and approval of the Board of Public Works under subsubparagraph 1 of this subparagraph:

A. contracts with a value of $100,000 or less shall be reviewed and approved by the President of Baltimore City Community College or the President’s designee; and

B. contracts with a value that exceeds $100,000 but does not exceed $500,000 shall be approved by the Board of Trustees of Baltimore City Community College.

(4) The policies of a University or Baltimore City Community College shall:

(i) to the maximum extent practicable, require the purchasing of supplies and services in accordance with Title 14, Subtitle 1 of this article;

(ii) promote the purposes of the regulations adopted by the Department of General Services governing the procurement of architectural and engineering services;

(iii) promote the purposes of § 13–402 of the State Personnel and Pensions Article;

(iv) to the maximum extent practicable, be similar to § 13–218.1 of this article; and

(v) to the maximum extent practicable, require the procurement of food in accordance with Title 14, Subtitle 7 of this article.

(5) (i) Except as provided in paragraph (7) of this subsection, the following provisions of Division II of this article apply to a University and to Baltimore City Community College:

1. § 11–205 of this subtitle (“Collusion”);

2. § 11–205.1 of this subtitle (“Falsification, concealment, etc., of material facts”);

3. § 13–219 of this article (“Required clauses – Nondiscrimination clause”);

4. § 13–225 of this article (“Retainage”);

5. Title 14, Subtitle 3 of this article (“Minority Business Participation”);

6. Title 14, Subtitle 7 of this article (“Certified Local Farm and Fish Program”);

7. Title 15, Subtitle 1 of this article (“Procurement Contract Administration”);

8. § 15–226 of this article (“Policy established; timing of payments; notice upon nonpayment; disputes; appeals”); and

9. Title 16 of this article (“Suspension and Debarment of Contractors”).

(ii) Except as provided in paragraph (7) of this subsection, Title 14, Subtitle 8 of this article (“Employee Stock Ownership Plan Preference Program”) applies to Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College.

(iii) If a procurement violates the provisions of this subsection or policies adopted in accordance with this subsection, the procurement contract is void or voidable in accordance with the provisions of § 11–204 of this subtitle.

(6) (i) The State Board of Contract Appeals shall have authority over contract claims related to procurement contracts awarded by:

1. the University System of Maryland before July 1, 1999;

2. Morgan State University before July 1, 2004; and

3. Baltimore City Community College before July 1, 2021.

(ii) At the election of the Board of Regents of the University System of Maryland and subject to the approval of the Board of Public Works, the State Board of Contract Appeals shall have authority over contract claims related to procurement contracts awarded by the University after June 30, 1999.

(iii) At the election of the Board of Regents of Morgan State University and subject to the approval of the Board of Public Works, the State Board of Contract Appeals shall have authority over contract claims related to procurement contracts awarded by the University after June 30, 2004.

(iv) At the election of the Board of Trustees of St. Mary’s College of Maryland and subject to the approval of the Board of Public Works, the State Board of Contract Appeals shall have authority over contract claims related to procurement contracts awarded by St. Mary’s College of Maryland after June 30, 2006.

(v) At the election of the Board of Trustees of Baltimore City Community College and subject to the approval of the Board of Public Works, the State Board of Contract Appeals shall have authority over contract claims related to procurement contracts awarded by Baltimore City Community College after June 30, 2021.

(7) Except with regard to the provisions of § 15–113 of this article, paragraphs (3), (4), and (5) of this subsection do not apply to:

(i) procurement by a University or Baltimore City Community College from:

1. another unit;

2. a political subdivision of the State;

3. an agency of a political subdivision of the State;

4. a government, including the government of another state, of the United States, or of another country;

5. an agency or political subdivision of a government; or

6. a bistate, multistate, bicounty, or multicounty governmental agency;

(ii) procurement by a University in support of enterprise activities for the purpose of:

1. direct resale;

2. remanufacture and subsequent resale; or

3. procurement by the University for overseas programs; or

(iii) procurement by the University System of Maryland for:

1. services of managers to invest, in accordance with the management and investment policies adopted by the Board of Regents of the University System of Maryland, gift and endowment assets received by the University System of Maryland in accordance with § 12–104(e) of the Education Article; or

2. expenditures to manage, maintain, and enhance, in accordance with the management and investment policies adopted by the Board of Regents of the University System of Maryland, the value of gift and endowment assets received by the University System of Maryland in accordance with § 12–104(e) of the Education Article.

(f) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitle 3 of this article and except for § 15–113 of this article, this Division II does not apply to Maryland 529 for:

(1) services of managers to invest the assets of the Maryland Senator Edward J. Kasemeyer Prepaid College Trust in accordance with the comprehensive investment plan adopted by the State Treasurer under § 18–1906 of the Education Article; and

(2) expenditures to manage, maintain, and enhance the value of the assets of the Maryland Senator Edward J. Kasemeyer Prepaid College Trust in accordance with the comprehensive investment plan adopted by the State Treasurer under § 18–1906 of the Education Article.

(g) This Division II does not apply to a contract or grant awarded by a unit of State government to the Chesapeake Bay Trust for a project involving the restoration or protection of the Chesapeake Bay and other aquatic and land resources of the State.

(h) (1) Except as provided in paragraph (2) of this subsection, this division does not apply to a public–private partnership under Title 10A of this article.

(2) To the extent otherwise required by law, the following provisions of this division apply to a public–private partnership under Title 10A of this article:

(i) § 11–205 of this subtitle (“Collusion”);

(ii) § 11–205.1 of this subtitle (“Falsification, concealment, etc., of material facts”);

(iii) Title 12, Subtitle 4 of this article (“Policies and Procedures for Exempt Units”);

(iv) § 13–219 of this article (“Required clauses – Nondiscrimination clause”);

(v) § 15–113 of this article (“Liquidated damages policies and reporting”);

(vi) Title 17, Subtitle 1 of this article (“Security for Construction Contracts”);

(vii) Title 17, Subtitle 2 of this article (“Prevailing Wage Rates – Public Work Contracts”); and

(viii) Title 18 of this article (“Living Wage”).

(i) (1) Except as provided in paragraph (2) of this subsection, this Division II does not apply to the Maryland Corps Program established under Title 24, Subtitle 11 of the Education Article.

(2) The Maryland Corps Program established under Title 24, Subtitle 11 of the Education Article is subject to Title 14, Subtitle 3 and § 15–113 of this article.

(j) Repealed.

(k) (1) Except as provided in paragraph (2) of this subsection, this Division II does not apply to the West North Avenue Development Authority established under Title 12, Subtitle 7 of the Economic Development Article.

(2) The West North Avenue Development Authority established under Title 12, Subtitle 7 of the Economic Development Article is subject to Title 12, Subtitle 4 and Title 14, Subtitle 3 of this article.

§11–203. // EFFECTIVE SEPTEMBER 30, 2026 PER CHAPTER 136 OF 2023 //

// EFFECTIVE UNTIL JUNE 30, 2030 PER CHAPTERS 736 AND 737 OF 2025 //

(a) Except as provided in subsection (b) of this section, this Division II does not apply to:

(1) procurement by:

(i) the Blind Industries and Services of Maryland;

(ii) the Maryland State Arts Council, for the support of the arts;

(iii) the Maryland Health and Higher Educational Facilities Authority, if no State money is to be spent on a procurement contract;

(iv) the Maryland Industrial Training Program or the Partnership for Workforce Quality Program in the Department of Commerce, for training services or programs for new or expanding businesses or industries or businesses or industries in transition;

(v) the Maryland Food Center Authority, to the extent the Authority is exempt under Title 10, Subtitle 2 of the Economic Development Article;

(vi) the Maryland Public Broadcasting Commission:

1. for services of artists for educational and cultural television productions; or

2. when planning for or fulfilling the obligations of grants or cooperative agreements that support the educational and cultural activities of the Commission;

(vii) public institutions of higher education, for cultural, entertainment, and intercollegiate athletic procurement contracts;

(viii) the Maryland State Planning Council on Developmental Disabilities, for services to support demonstration, pilot, and training programs;

(ix) the Maryland Historical Trust for:

1. surveying and evaluating architecturally, archeologically, historically, or culturally significant properties; and

2. other than as to architectural services, preparing historic preservation planning documents and educational material;

(x) the University of Maryland, for Global Campus Overseas Programs, if the University adopts regulations that:

1. establish policies and procedures governing procurement for Global Campus Overseas Programs; and

2. promote the purposes stated in § 11–201(a) of this subtitle;

(xi) the Department of Commerce, for negotiating and entering into private sector cooperative marketing projects that directly enhance promotion of Maryland and the tourism industry where there will be a private sector contribution to the project of not less than 50% of the total cost of the project, if the project is reviewed by the Attorney General and approved by the Secretary of Commerce or the Secretary’s designee;

(xii) the Rural Maryland Council;

(xiii) the Maryland State Lottery and Gaming Control Agency, for negotiating and entering into private sector cooperative marketing projects that directly enhance promotion of the Maryland State Lottery and its products, if the cooperative marketing project:

1. provides a substantive promotional or marketing value that the lottery determines acceptable in exchange for advertising or other promotional activities provided by the lottery;

2. does not involve the advertising or other promotion of alcohol or tobacco products; and

3. is reviewed by the Attorney General and approved by the Maryland Lottery Director or the Director’s designee;

(xiv) the Maryland Health Insurance Plan established under Title 14, Subtitle 5 of the Insurance Article;

(xv) the Maryland Energy Administration, when negotiating or entering into grants or cooperative agreements with private entities to meet federal specifications or solicitation requirements related to energy conservation, energy efficiency, or renewable energy projects that benefit the State;

(xvi) the Maryland Developmental Disabilities Administration of the Maryland Department of Health for family and individual support services, and individual family care services, as those terms are defined by the Maryland Department of Health in regulation;

(xvii) the Department of General Services for the rehabilitation of a structure that is listed in or eligible for listing in the National Register of Historic Places, to the extent the procurement is necessary to preserve the historic fabric of the structure impacted by the rehabilitation, as determined by the Department of General Services in consultation with the Maryland Historical Trust;

(xviii) the Department of Natural Resources, for:

1. negotiating or entering into grants, agreements, or partnerships with nonprofit entities related to conservation service opportunities; and

2. negotiating or entering into pay–for–success contracts in accordance with § 13–112.1 of this Division II; and

(xix) the State Archives for preservation, conservation, proper care, restoration, and transportation of fine art or decorative art that is:

1. in the custody of the Commission on Artistic Property; and

2. owned by or loaned to the State;

(2) procurement by a unit from:

(i) another unit;

(ii) a political subdivision of the State;

(iii) an agency of a political subdivision of the State;

(iv) a government, including the government of another state, of the United States, or of another country;

(v) an agency or political subdivision of a government; or

(vi) a bistate, multistate, bicounty, or multicounty governmental agency; or

(3) procurement in support of enterprise activities for the purpose of:

(i) direct resale; or

(ii) remanufacture and subsequent resale.

(b) (1) The following provisions of this Division II apply to each procurement enumerated in subsection (a) of this section:

(i) § 11–205 of this subtitle (“Collusion”);

(ii) § 10–204 of this article (“Approval for designated contracts”);

(iii) Title 12, Subtitle 2 of this article (“Supervision of Capital Expenditures and Real Property Leases”);

(iv) § 13–219 of this article (“Required clauses – Nondiscrimination clause”);

(v) § 13–221 of this article (“Disclosures to Secretary of State”);

(vi) Title 12, Subtitle 4 of this article (“Policies and Procedures for Exempt Units”);

(vii) § 15–112 of this article (“Change orders”);

(viii) § 15–113 of this article (“Liquidated damages policies and reporting”);

(ix) Title 16 of this article (“Suspension and Debarment of Contractors”); and

(x) Title 17 of this article (“Special Provisions – State and Local Subdivisions”).

(2) A procurement by an entity listed in subsection (a)(1)(i) through (xiii) and (xvii) of this section shall be made under procedures that promote the purposes stated in § 11–201(a) of this subtitle.

(3) (i) A unit that procures human, social, or educational services from an entity enumerated in subsection (a)(2) of this section shall publish in eMaryland Marketplace notice of a procurement contract or an extension or renewal of a procurement contract if:

1. the procurement contract, extension, or renewal costs more than $50,000; and

2. the procurement is made for 3rd party clients described in § 13–106 of this article.

(ii) The notice required under this paragraph shall be published not more than 30 days after the execution and approval of the procurement contract or the extension or renewal of the procurement contract.

(4) The purchase of advisory services from the General Selection Board or the Transportation Selection Board under § 13–305 of this article shall be governed by the Maryland Architectural and Engineering Services Act.

(c) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitles 3 and 8 of this article and except for §§ 15–112 and 15–113 of this article, this Division II does not apply to the Maryland Stadium Authority.

(d) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitle 3 of this article and except for § 15–113 of this article, this Division II does not apply to the Board of Trustees of the State Retirement and Pension System for:

(1) services of managers to invest the assets of the State Retirement and Pension System, including real and personal property;

(2) expenditures to manage, maintain, and enhance the value of the assets of the State Retirement and Pension System in accordance with investment guidelines adopted by the Board of Trustees;

(3) services related to the administration of the optional retirement program under Title 30 of the State Personnel and Pensions Article;

(4) services related to the administration of the Postretirement Health Benefits Trust Fund; and

(5) expenditures for the safe custody, domestic or global, of investments as provided under § 21–123(f) of the State Personnel and Pensions Article.

(e) (1) In this subsection, “University” means the University System of Maryland, Morgan State University, or St. Mary’s College of Maryland.

(2) Except as otherwise provided in this subsection, this Division II does not apply to the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College.

(3) (i) A procurement by a University or Baltimore City Community College shall comply with the policies and procedures developed by the University or Baltimore City Community College and approved by the Board of Public Works and the Administrative, Executive, and Legislative Review Committee of the General Assembly in accordance with:

1. § 12–112 of the Education Article for the University System of Maryland;

2. § 14–109 of the Education Article for Morgan State University;

3. § 14–405(f) of the Education Article for St. Mary’s College of Maryland; or

4. § 16–505.3 of the Education Article for Baltimore City Community College.

(ii) 1. The review and approval of the Board of Public Works shall be required for the following types of contracts with a value that exceeds $1,000,000 for a University or $500,000 for Baltimore City Community College:

A. capital improvements; and

B. services.

2. In its review of a contract for services or capital improvements with a value that exceeds $1,000,000, the Board of Public Works may request the comments of the appropriate agencies, including the Department of Budget and Management and the Department of General Services.

3. For Baltimore City Community College contracts that are not subject to the review and approval of the Board of Public Works under subsubparagraph 1 of this subparagraph:

A. contracts with a value of $100,000 or less shall be reviewed and approved by the President of Baltimore City Community College or the President’s designee; and

B. contracts with a value that exceeds $100,000 but does not exceed $500,000 shall be approved by the Board of Trustees of Baltimore City Community College.

(4) The policies of a University or Baltimore City Community College shall:

(i) to the maximum extent practicable, require the purchasing of supplies and services in accordance with Title 14, Subtitle 1 of this article;

(ii) promote the purposes of the regulations adopted by the Department of General Services governing the procurement of architectural and engineering services;

(iii) promote the purposes of § 13–402 of the State Personnel and Pensions Article;

(iv) to the maximum extent practicable, be similar to § 13–218.1 of this article; and

(v) to the maximum extent practicable, require the procurement of food in accordance with Title 14, Subtitle 7 of this article.

(5) (i) Except as provided in paragraph (7) of this subsection, the following provisions of Division II of this article apply to a University and to Baltimore City Community College:

1. § 11–205 of this subtitle (“Collusion”);

2. § 11–205.1 of this subtitle (“Falsification, concealment, etc., of material facts”);

3. § 13–219 of this article (“Required clauses – Nondiscrimination clause”);

4. § 13–225 of this article (“Retainage”);

5. Title 14, Subtitle 3 of this article (“Minority Business Participation”);

6. Title 14, Subtitle 7 of this article (“Certified Local Farm and Fish Program”);

7. Title 15, Subtitle 1 of this article (“Procurement Contract Administration”);

8. § 15–226 of this article (“Policy established; timing of payments; notice upon nonpayment; disputes; appeals”); and

9. Title 16 of this article (“Suspension and Debarment of Contractors”).

(ii) Except as provided in paragraph (7) of this subsection, Title 14, Subtitle 8 of this article (“Employee Stock Ownership Plan Preference Program”) applies to Morgan State University, St. Mary’s College of Maryland, and Baltimore City Community College.

(iii) If a procurement violates the provisions of this subsection or policies adopted in accordance with this subsection, the procurement contract is void or voidable in accordance with the provisions of § 11–204 of this subtitle.

(6) (i) The State Board of Contract Appeals shall have authority over contract claims related to procurement contracts awarded by:

1. the University System of Maryland before July 1, 1999;

2. Morgan State University before July 1, 2004; and

3. Baltimore City Community College before July 1, 2021.

(ii) At the election of the Board of Regents of the University System of Maryland and subject to the approval of the Board of Public Works, the State Board of Contract Appeals shall have authority over contract claims related to procurement contracts awarded by the University after June 30, 1999.

(iii) At the election of the Board of Regents of Morgan State University and subject to the approval of the Board of Public Works, the State Board of Contract Appeals shall have authority over contract claims related to procurement contracts awarded by the University after June 30, 2004.

(iv) At the election of the Board of Trustees of St. Mary’s College of Maryland and subject to the approval of the Board of Public Works, the State Board of Contract Appeals shall have authority over contract claims related to procurement contracts awarded by St. Mary’s College of Maryland after June 30, 2006.

(v) At the election of the Board of Trustees of Baltimore City Community College and subject to the approval of the Board of Public Works, the State Board of Contract Appeals shall have authority over contract claims related to procurement contracts awarded by Baltimore City Community College after June 30, 2021.

(7) Except with regard to the provisions of § 15–113 of this article, paragraphs (3), (4), and (5) of this subsection do not apply to:

(i) procurement by a University or Baltimore City Community College from:

1. another unit;

2. a political subdivision of the State;

3. an agency of a political subdivision of the State;

4. a government, including the government of another state, of the United States, or of another country;

5. an agency or political subdivision of a government; or

6. a bistate, multistate, bicounty, or multicounty governmental agency;

(ii) procurement by a University in support of enterprise activities for the purpose of:

1. direct resale;

2. remanufacture and subsequent resale; or

3. procurement by the University for overseas programs; or

(iii) procurement by the University System of Maryland for:

1. services of managers to invest, in accordance with the management and investment policies adopted by the Board of Regents of the University System of Maryland, gift and endowment assets received by the University System of Maryland in accordance with § 12–104(e) of the Education Article; or

2. expenditures to manage, maintain, and enhance, in accordance with the management and investment policies adopted by the Board of Regents of the University System of Maryland, the value of gift and endowment assets received by the University System of Maryland in accordance with § 12–104(e) of the Education Article.

(f) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitle 3 of this article and except for § 15–113 of this article, this Division II does not apply to Maryland 529 for:

(1) services of managers to invest the assets of the Maryland Senator Edward J. Kasemeyer Prepaid College Trust in accordance with the comprehensive investment plan adopted by the State Treasurer under § 18–1906 of the Education Article; and

(2) expenditures to manage, maintain, and enhance the value of the assets of the Maryland Senator Edward J. Kasemeyer Prepaid College Trust in accordance with the comprehensive investment plan adopted by the State Treasurer under § 18–1906 of the Education Article.

(g) This Division II does not apply to a contract or grant awarded by a unit of State government to the Chesapeake Bay Trust for a project involving the restoration or protection of the Chesapeake Bay and other aquatic and land resources of the State.

(h) (1) Except as provided in paragraph (2) of this subsection, this division does not apply to a public–private partnership under Title 10A of this article.

(2) To the extent otherwise required by law, the following provisions of this division apply to a public–private partnership under Title 10A of this article:

(i) § 11–205 of this subtitle (“Collusion”);

(ii) § 11–205.1 of this subtitle (“Falsification, concealment, etc., of material facts”);

(iii) Title 12, Subtitle 4 of this article (“Policies and Procedures for Exempt Units”);

(iv) § 13–219 of this article (“Required clauses – Nondiscrimination clause”);

(v) § 15–113 of this article (“Liquidated damages policies and reporting”);

(vi) Title 17, Subtitle 1 of this article (“Security for Construction Contracts”);

(vii) Title 17, Subtitle 2 of this article (“Prevailing Wage Rates – Public Work Contracts”); and

(viii) Title 18 of this article (“Living Wage”).

(i) (1) Except as provided in paragraph (2) of this subsection, this Division II does not apply to the Maryland Corps Program established under Title 24, Subtitle 11 of the Education Article.

(2) The Maryland Corps Program established under Title 24, Subtitle 11 of the Education Article is subject to Title 14, Subtitle 3 and § 15–113 of this article.

§11–203. // EFFECTIVE JUNE 30, 2030 PER CHAPTERS 736 AND 737 OF 2025 //

(a) Except as provided in subsection (b) of this section, this Division II does not apply to:

(1) procurement by:

(i) the Blind Industries and Services of Maryland;

(ii) the Maryland State Arts Council, for the support of the arts;

(iii) the Maryland Health and Higher Educational Facilities Authority, if no State money is to be spent on a procurement contract;

(iv) the Maryland Industrial Training Program or the Partnership for Workforce Quality Program in the Department of Commerce, for training services or programs for new or expanding businesses or industries or businesses or industries in transition;

(v) the Maryland Food Center Authority, to the extent the Authority is exempt under Title 10, Subtitle 2 of the Economic Development Article;

(vi) the Maryland Public Broadcasting Commission:

1. for services of artists for educational and cultural television productions; or

2. when planning for or fulfilling the obligations of grants or cooperative agreements that support the educational and cultural activities of the Commission;

(vii) public institutions of higher education, for cultural, entertainment, and intercollegiate athletic procurement contracts;

(viii) the Maryland State Planning Council on Developmental Disabilities, for services to support demonstration, pilot, and training programs;

(ix) the Maryland Historical Trust for:

1. surveying and evaluating architecturally, archeologically, historically, or culturally significant properties; and

2. other than as to architectural services, preparing historic preservation planning documents and educational material;

(x) the University of Maryland, for Global Campus Overseas Programs, if the University adopts regulations that:

1. establish policies and procedures governing procurement for Global Campus Overseas Programs; and

2. promote the purposes stated in § 11–201(a) of this subtitle;

(xi) the Department of Commerce, for negotiating and entering into private sector cooperative marketing projects that directly enhance promotion of Maryland and the tourism industry where there will be a private sector contribution to the project of not less than 50% of the total cost of the project, if the project is reviewed by the Attorney General and approved by the Secretary of Commerce or the Secretary’s designee;

(xii) the Rural Maryland Council;

(xiii) the Maryland State Lottery and Gaming Control Agency, for negotiating and entering into private sector cooperative marketing projects that directly enhance promotion of the Maryland State Lottery and its products, if the cooperative marketing project:

1. provides a substantive promotional or marketing value that the lottery determines acceptable in exchange for advertising or other promotional activities provided by the lottery;

2. does not involve the advertising or other promotion of alcohol or tobacco products; and

3. is reviewed by the Attorney General and approved by the Maryland Lottery Director or the Director’s designee;

(xiv) the Maryland Health Insurance Plan established under Title 14, Subtitle 5 of the Insurance Article;

(xv) the Maryland Energy Administration, when negotiating or entering into grants or cooperative agreements with private entities to meet federal specifications or solicitation requirements related to energy conservation, energy efficiency, or renewable energy projects that benefit the State;

(xvi) the Maryland Developmental Disabilities Administration of the Maryland Department of Health for family and individual support services, and individual family care services, as those terms are defined by the Maryland Department of Health in regulation;

(xvii) the Department of General Services for the rehabilitation of a structure that is listed in or eligible for listing in the National Register of Historic Places, to the extent the procurement is necessary to preserve the historic fabric of the structure impacted by the rehabilitation, as determined by the Department of General Services in consultation with the Maryland Historical Trust;

(xviii) the Department of Natural Resources, for:

1. negotiating or entering into grants, agreements, or partnerships with nonprofit entities related to conservation service opportunities; and

2. negotiating or entering into pay–for–success contracts in accordance with § 13–112.1 of this Division II; and

(xix) the State Archives for preservation, conservation, proper care, restoration, and transportation of fine art or decorative art that is:

1. in the custody of the Commission on Artistic Property; and

2. owned by or loaned to the State;

(2) procurement by a unit from:

(i) another unit;

(ii) a political subdivision of the State;

(iii) an agency of a political subdivision of the State;

(iv) a government, including the government of another state, of the United States, or of another country;

(v) an agency or political subdivision of a government; or

(vi) a bistate, multistate, bicounty, or multicounty governmental agency; or

(3) procurement in support of enterprise activities for the purpose of:

(i) direct resale; or

(ii) remanufacture and subsequent resale.

(b) (1) The following provisions of this Division II apply to each procurement enumerated in subsection (a) of this section:

(i) § 11–205 of this subtitle (“Collusion”);

(ii) § 10–204 of this article (“Approval for designated contracts”);

(iii) Title 12, Subtitle 2 of this article (“Supervision of Capital Expenditures and Real Property Leases”);

(iv) § 13–219 of this article (“Required clauses – Nondiscrimination clause”);

(v) § 13–221 of this article (“Disclosures to Secretary of State”);

(vi) Title 12, Subtitle 4 of this article (“Policies and Procedures for Exempt Units”);

(vii) § 15–112 of this article (“Change orders”);

(viii) § 15–113 of this article (“Liquidated damages policies and reporting”);

(ix) Title 16 of this article (“Suspension and Debarment of Contractors”); and

(x) Title 17 of this article (“Special Provisions – State and Local Subdivisions”).

(2) A procurement by an entity listed in subsection (a)(1)(i) through (xiii) and (xvii) of this section shall be made under procedures that promote the purposes stated in § 11–201(a) of this subtitle.

(3) (i) A unit that procures human, social, or educational services from an entity enumerated in subsection (a)(2) of this section shall publish in eMaryland Marketplace notice of a procurement contract or an extension or renewal of a procurement contract if:

1. the procurement contract, extension, or renewal costs more than $50,000; and

2. the procurement is made for 3rd party clients described in § 13–106 of this article.

(ii) The notice required under this paragraph shall be published not more than 30 days after the execution and approval of the procurement contract or the extension or renewal of the procurement contract.

(4) The purchase of advisory services from the General Selection Board or the Transportation Selection Board under § 13–305 of this article shall be governed by the Maryland Architectural and Engineering Services Act.

(c) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitle 3 of this article and except for §§ 15–112 and 15–113 of this article, this Division II does not apply to the Maryland Stadium Authority.

(d) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitle 3 of this article and except for § 15–113 of this article, this Division II does not apply to the Board of Trustees of the State Retirement and Pension System for:

(1) services of managers to invest the assets of the State Retirement and Pension System, including real and personal property;

(2) expenditures to manage, maintain, and enhance the value of the assets of the State Retirement and Pension System in accordance with investment guidelines adopted by the Board of Trustees;

(3) services related to the administration of the optional retirement program under Title 30 of the State Personnel and Pensions Article;

(4) services related to the administration of the Postretirement Health Benefits Trust Fund; and

(5) expenditures for the safe custody, domestic or global, of investments as provided under § 21–123(f) of the State Personnel and Pensions Article.

(e) (1) In this subsection, “University” means the University System of Maryland, Morgan State University, or St. Mary’s College of Maryland.

(2) Except as otherwise provided in this subsection, this Division II does not apply to the University System of Maryland, Morgan State University, St. Mary’s College of Maryland, or Baltimore City Community College.

(3) (i) A procurement by a University or Baltimore City Community College shall comply with the policies and procedures developed by the University or Baltimore City Community College and approved by the Board of Public Works and the Administrative, Executive, and Legislative Review Committee of the General Assembly in accordance with:

1. § 12–112 of the Education Article for the University System of Maryland;

2. § 14–109 of the Education Article for Morgan State University;

3. § 14–405(f) of the Education Article for St. Mary’s College of Maryland; or

4. § 16–505.3 of the Education Article for Baltimore City Community College.

(ii) 1. The review and approval of the Board of Public Works shall be required for the following types of contracts with a value that exceeds $1,000,000 for a University or $500,000 for Baltimore City Community College:

A. capital improvements; and

B. services.

2. In its review of a contract for services or capital improvements with a value that exceeds $1,000,000, the Board of Public Works may request the comments of the appropriate agencies, including the Department of Budget and Management and the Department of General Services.

3. For Baltimore City Community College contracts that are not subject to the review and approval of the Board of Public Works under subsubparagraph 1 of this subparagraph:

A. contracts with a value of $100,000 or less shall be reviewed and approved by the President of Baltimore City Community College or the President’s designee; and

B. contracts with a value that exceeds $100,000 but does not exceed $500,000 shall be approved by the Board of Trustees of Baltimore City Community College.

(4) The policies of a University or Baltimore City Community College shall:

(i) to the maximum extent practicable, require the purchasing of supplies and services in accordance with Title 14, Subtitle 1 of this article;

(ii) promote the purposes of the regulations adopted by the Department of General Services governing the procurement of architectural and engineering services;

(iii) promote the purposes of § 13–402 of the State Personnel and Pensions Article;

(iv) to the maximum extent practicable, be similar to § 13–218.1 of this article; and

(v) to the maximum extent practicable, require the procurement of food in accordance with Title 14, Subtitle 7 of this article.

(5) (i) Except as provided in paragraph (7) of this subsection, the following provisions of Division II of this article apply to a University and to Baltimore City Community College:

1. § 11–205 of this subtitle (“Collusion”);

2. § 11–205.1 of this subtitle (“Falsification, concealment, etc., of material facts”);

3. § 13–219 of this article (“Required clauses – Nondiscrimination clause”);

4. § 13–225 of this article (“Retainage”);

5. Title 14, Subtitle 3 of this article (“Minority Business Participation”);

6. Title 14, Subtitle 7 of this article (“Certified Local Farm and Fish Program”);

7. Title 15, Subtitle 1 of this article (“Procurement Contract Administration”);

8. § 15–226 of this article (“Policy established; timing of payments; notice upon nonpayment; disputes; appeals”); and

9. Title 16 of this article (“Suspension and Debarment of Contractors”).

(ii) If a procurement violates the provisions of this subsection or policies adopted in accordance with this subsection, the procurement contract is void or voidable in accordance with the provisions of § 11–204 of this subtitle.

(6) (i) The State Board of Contract Appeals shall have authority over contract claims related to procurement contracts awarded by:

1. the University System of Maryland before July 1, 1999;

2. Morgan State University before July 1, 2004; and

3. Baltimore City Community College before July 1, 2021.

(ii) At the election of the Board of Regents of the University System of Maryland and subject to the approval of the Board of Public Works, the State Board of Contract Appeals shall have authority over contract claims related to procurement contracts awarded by the University after June 30, 1999.

(iii) At the election of the Board of Regents of Morgan State University and subject to the approval of the Board of Public Works, the State Board of Contract Appeals shall have authority over contract claims related to procurement contracts awarded by the University after June 30, 2004.

(iv) At the election of the Board of Trustees of St. Mary’s College of Maryland and subject to the approval of the Board of Public Works, the State Board of Contract Appeals shall have authority over contract claims related to procurement contracts awarded by St. Mary’s College of Maryland after June 30, 2006.

(v) At the election of the Board of Trustees of Baltimore City Community College and subject to the approval of the Board of Public Works, the State Board of Contract Appeals shall have authority over contract claims related to procurement contracts awarded by Baltimore City Community College after June 30, 2021.

(7) Except with regard to the provisions of § 15–113 of this article, paragraphs (3), (4), and (5) of this subsection do not apply to:

(i) procurement by a University or Baltimore City Community College from:

1. another unit;

2. a political subdivision of the State;

3. an agency of a political subdivision of the State;

4. a government, including the government of another state, of the United States, or of another country;

5. an agency or political subdivision of a government; or

6. a bistate, multistate, bicounty, or multicounty governmental agency;

(ii) procurement by a University in support of enterprise activities for the purpose of:

1. direct resale;

2. remanufacture and subsequent resale; or

3. procurement by the University for overseas programs; or

(iii) procurement by the University System of Maryland for:

1. services of managers to invest, in accordance with the management and investment policies adopted by the Board of Regents of the University System of Maryland, gift and endowment assets received by the University System of Maryland in accordance with § 12–104(e) of the Education Article; or

2. expenditures to manage, maintain, and enhance, in accordance with the management and investment policies adopted by the Board of Regents of the University System of Maryland, the value of gift and endowment assets received by the University System of Maryland in accordance with § 12–104(e) of the Education Article.

(f) Except as provided in Title 12, Subtitle 4 and Title 14, Subtitle 3 of this article and except for § 15–113 of this article, this Division II does not apply to Maryland 529 for:

(1) services of managers to invest the assets of the Maryland Senator Edward J. Kasemeyer Prepaid College Trust in accordance with the comprehensive investment plan adopted by the State Treasurer under § 18–1906 of the Education Article; and

(2) expenditures to manage, maintain, and enhance the value of the assets of the Maryland Senator Edward J. Kasemeyer Prepaid College Trust in accordance with the comprehensive investment plan adopted by the State Treasurer under § 18–1906 of the Education Article.

(g) This Division II does not apply to a contract or grant awarded by a unit of State government to the Chesapeake Bay Trust for a project involving the restoration or protection of the Chesapeake Bay and other aquatic and land resources of the State.

(h) (1) Except as provided in paragraph (2) of this subsection, this division does not apply to a public–private partnership under Title 10A of this article.

(2) To the extent otherwise required by law, the following provisions of this division apply to a public–private partnership under Title 10A of this article:

(i) § 11–205 of this subtitle (“Collusion”);

(ii) § 11–205.1 of this subtitle (“Falsification, concealment, etc., of material facts”);

(iii) Title 12, Subtitle 4 of this article (“Policies and Procedures for Exempt Units”);

(iv) § 13–219 of this article (“Required clauses – Nondiscrimination clause”);

(v) § 15–113 of this article (“Liquidated damages policies and reporting”);

(vi) Title 17, Subtitle 1 of this article (“Security for Construction Contracts”);

(vii) Title 17, Subtitle 2 of this article (“Prevailing Wage Rates – Public Work Contracts”); and

(viii) Title 18 of this article (“Living Wage”).

(i) (1) Except as provided in paragraph (2) of this subsection, this Division II does not apply to the Maryland Corps Program established under Title 24, Subtitle 11 of the Education Article.

(2) The Maryland Corps Program established under Title 24, Subtitle 11 of the Education Article is subject to Title 14, Subtitle 3 and § 15–113 of this article.
Md. Code, Business Regulation § 11-102 — MD Code / Article gbr / Title 11 / Subtitle 1 / Section 11-102
§11–102.
Status: in_force

(a) This title is statewide and exclusive in its effect.

(b) A county, municipal corporation, or other political subdivision of the State may not:

(1) make or enforce a local law, ordinance, or regulation about racing; or

(2) impose or collect any tax or additional license fee as to racing, except the general property tax.
Md. Code, Corporations and Associations § 11-410 — MD Code / Article gca / Title 11 / Subtitle 4 / Section 11-410
§11–410.
Status: in_force

(a) (1) The Commissioner may require by rule or order a registered broker-dealer or agent to post a bond or deposit cash or any other equivalent form of security in amounts that the Commissioner may require.

(2) The Commissioner’s authority to adopt rules or issue orders under paragraph (1) of this subsection is subject to the limitations of § 15 of the Securities Exchange Act of 1934.

(3) The Commissioner may require by rule or order a registered investment adviser or representative who has custody of client funds or securities or requires payments of more than 6 months in advance of fees in excess of $500 to post a bond or deposit cash or any other equivalent form of security in amounts that the Commissioner requires.

(4) The Commissioner’s authority to adopt rules or issue orders under paragraph (3) of this subsection is subject to the limitations of § 222 of the Investment Advisers Act of 1940.

(b) The condition of such bond or equivalent form of security shall be that the registrant will comply with the provisions of this title and the rules and regulations issued under this title.

(c) The bond or equivalent form of security may be drawn to cover the original registration and any renewals of the registration.

(d) Every bond or equivalent form of security shall provide that:

(1) A suit may not be maintained to enforce any liability on the bond or equivalent form of security unless brought within two years after the contract of sale or other act on which the suit is based; and

(2) The liability of the surety on each bond or equivalent form of security to all persons aggrieved may not in any event exceed in the aggregate the penal sum of the bond.
Md. Code, Commercial Law § 11-806 — MD Code / Article gcl / Title 11 / Subtitle 8 / Section 11-806
§11–806.
Status: in_force

Unless a third person contracts for or receives goods on deposit or pledge without knowledge that a consignee is not authorized to sell, deposit, or pledge the goods, a claim or demand of setoff of a debt due by the consignee is not allowed against his principal in favor of the third person.
Md. Code, Labor and Employment § 11-801 — MD Code / Article gle / Title 11 / Subtitle 8 / Section 11-801
§11–801.
Status: in_force

In this subtitle, “adult education” means academic instruction and education services below the postsecondary level for individuals:

(1) who are at least 16 years old;

(2) who are not enrolled or required to be enrolled in high school under State law; and

(3) who:

(i) are basic skills deficient;

(ii) do not have a high school diploma or its recognized equivalent and have not achieved an equivalent level of education; or

(iii) are English language learners.
Md. Code, Corporations and Associations § 11-103 — MD Code / Article gca / Title 11 / Subtitle 1 / Section 11-103
§11–103.
Status: in_force

In accordance with § 6 of the federal Philanthropy Protection Act of 1995, the federal Philanthropy Protection Act of 1995 does not preempt the laws of this State.
Md. Code, Business Regulation § 11-1401 — MD Code / Article gbr / Title 11 / Subtitle 14 / Section 11-1401
§11–1401.
Status: in_force

The Interstate Anti–Doping and Drug Testing Standards Compact is enacted into law and entered into with all other states legally joining in it in the form substantially as it appears in this section as follows:

ARTICLE I. PURPOSES

The purposes of this compact are:

(a) to enable member states to act jointly and cooperatively to create more uniform, effective, and efficient breed specific rules and regulations relating to the permitted and prohibited use of drugs and medications for the health and welfare of the horse and the integrity of racing, and testing for such substances, in or affecting a member state; and

(b) to authorize the Maryland Racing Commission to participate in this compact.

ARTICLE II. DEFINITIONS

In this compact, the following words have the meanings indicated.

(a) “Compact commission” means the organization of delegates from the member states that is authorized and empowered by this compact to carry out the purposes of this compact.

(b) “Compact rule” means a rule or regulation adopted by a member state regulating the permitted and prohibited use of drugs and medications for the health and welfare of the horse and the integrity of racing, and testing for such substances, in live pari–mutuel horse racing that occurs in or affects such states.

(c) “Delegate” means the chair of the member state racing commission or similar regulatory body in a State, or such person’s designee, who represents the member State as a voting member of the compact commission and anyone who is serving as such person’s alternate.

(d) “Equine drug rule” means a rule or regulation that relates to the administration of drugs, medications, or other substances to a horse that may participate in live horse racing with pari–mutuel wagering including, but not limited to, the regulation of the permissible use of such substances to ensure the integrity of racing and the health, safety and welfare of race horses, appropriate sanctions for rule violations, and quality laboratory testing programs to detect such substances in the bodily system of a race horse.

(e) “Live racing” means live horse racing with pari–mutuel wagering.

(f) “Member state” means each state that has enacted this compact.

(g) “National industry stakeholder” means a non–governmental organization that from a national perspective significantly represents one (1) or more categories of participants in live racing and pari–mutuel wagering.

(h) “Participants in live racing” means all persons who participate in, operate, provide industry services for, or are involved with live racing with pari–mutuel wagering.

(i) “State” means each of the several states of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and each territory or possession of the United States.

(j) “State racing commission” means the state racing commission, or its equivalent, in each member state. Where a member state has more than one, it shall mean all such racing commissions, or their equivalents.

ARTICLE III. COMPOSITION AND MEETINGS OF COMPACT COMMISSION

The member states shall create and participate in a compact commission as follows:

(a) This compact shall come into force when enacted by any two (2) eligible states, and shall thereafter become effective as to any other member state that enacts this compact. Any state that has adopted or authorized pari–mutuel wagering or live horse racing shall be eligible to become a party to this compact. A compact rule shall not become effective in a new member state based merely upon it entering the compact.

(b) The member states hereby create the Interstate Anti–Doping and Drug Testing Standards Compact commission, a body corporate and an interstate governmental entity of the member states, to coordinate the rule making actions of each member state racing commission through a compact commission.

(c) The compact commission shall consist of one delegate, the chair of the state racing commission or such person’s designee, from each member state. When a delegate is not present to perform any duty in the compact commission, a designated alternate may serve. The person who represents a member state in the compact commission shall serve and perform such duties without compensation or remuneration; provided, that subject to the availability of budgeted funds, each may be reimbursed for ordinary and necessary costs and expenses. The designation of a delegate, including the alternate, shall be effective when written notice has been provided to the compact commission. The delegate, including the alternate, must be a member or employee of the state racing commission.

(d) The compact delegate from each state shall participate as an agent of the state racing commission. Each delegate shall have the assistance of the state racing commission in regard to all decision making and actions of the state in and through the compact commission.

(e) Each member state, by its delegate, shall be entitled to one vote in the compact commission. A super majority affirmative vote of eighty percent (80%) of the total number of delegates shall be required to propose a compact rule, receive and distribute any funds and to adopt, amend, or rescind the by–laws. A compact rule shall take effect in and for each member state when adopted by a super majority affirmative vote of eighty percent (80%) of the total number of member states. Other compact actions shall require a majority vote of the delegates who are meeting.

(f) Meetings and votes of the compact commission may be conducted in person or by telephone or other electronic communication. Meetings may be called by the chair of the compact commission or by any two (2) delegates. Reasonable notice of each meeting shall be provided to all delegates serving in the compact commission.

(g) No action may be taken at a compact commission meeting unless there is a quorum, which is either a majority of the delegates in the compact commission, or where applicable, all the delegates from any member states who propose or are voting affirmatively to adopt a compact rule.

(h) Once effective, the compact shall continue in force and remain binding according to its terms upon each member state; provided that, a member state may withdraw from the compact by repealing the statute that enacted the compact into law. The racing commission of a withdrawing state shall give written notice of such withdrawal to the compact chair, who shall notify the member state racing commissions. A withdrawing state shall remain responsible for any unfulfilled obligations and liabilities. The effective date of withdrawal from the compact shall be the effective date of the repeal.

ARTICLE IV. OPERATION OF COMPACT COMMISSION

The compact commission is hereby granted, so that it may be an effective means to pursue and achieve the purposes of each member state in this compact, the power and duty:

(a) to adopt, amend, and rescind by–laws to govern its conduct, as may be necessary or appropriate to carry out the purposes of the compact; to publish them in a convenient form; and to file a copy of them with the state racing commission of each member state;

(b) to elect annually from among the delegates (including alternates) a chair, vice–chair, and treasurer with such authority and duties as may be specified in the by–laws;

(c) to establish and appoint committees which it deems necessary for the carrying out of its functions, including advisory committees which shall be comprised of national industry stakeholders and organizations and such other persons as may be designated in accordance with the by–laws, to obtain their timely and meaningful input into the compact rule making processes;

(d) to establish an executive committee, with membership established in the by–laws, which shall oversee the day–to–day activities of compact administration and management by the executive director and staff; hire and fire as may be necessary after consultation with the compact commission; administer and enforce compliance with the provisions, by–laws, and rules of the compact; and perform such other duties as the by–laws may establish;

(e) to create, appoint, and abolish all those offices, employments, and positions, including an executive director, useful to fulfill its purposes;

(f) to delegate day–to–day management and administration of its duties, as needed, to an executive director and support staff; and

(g) to adopt an annual budget sufficient to provide for the payment of the reasonable expenses of its establishment, organization, and ongoing activities; provided, that the budget shall be funded by only voluntary contributions.

ARTICLE V. GENERAL POWERS AND DUTIES

To allow each member state, as and when it chooses, to achieve the purpose of this compact through joint and cooperative action, the member states are hereby granted the power and duty, by and through the compact commission:

(a) to act jointly and cooperatively to create a more equitable and uniform pari–mutuel racing and wagering interstate regulatory framework by the adoption of standardized rules for the permitted and prohibited use of drugs and medications for the health, and welfare of the horse and the integrity of racing, including rules governing the use of drugs and medications and drug testing;

(b) to collaborate with national industry stakeholders and industry organizations, including the Association of Racing Commissioners International, Inc. and the Racing Medication and Testing Consortium, in the design and implementation of compact rules in a manner that serves the best interests of racing; and

(c) to propose and adopt breed specific compact equine drugs and medications rules for the health, and welfare of the horse, including rules governing the permitted and prohibited use of drugs and medications and drug testing, which shall have the force and effect of state rules or regulations in the member states, to govern live pari–mutuel horse racing.

ARTICLE VI. OTHER POWERS AND DUTIES

The compact commission may exercise such incidental powers and duties as may be necessary and proper for it to function in a useful manner, including but not limited to the power and duty:

(a) to enter into contracts and agreements with governmental agencies and other persons, including officers and employees of a member state, to provide personal services for its activities and such other services as may be necessary;

(b) to borrow, accept, and contract for the services of personnel from any state, federal, or other governmental agency, or from any other person or entity;

(c) to receive information from and to provide information to each member state racing commission, including its officers and staff, on such terms and conditions as may be established in the by–laws;

(d) to acquire, hold, and dispose of any real or personal property by gift, grant, purchase, lease, license, and similar means and to receive additional funds through gifts, grants, and appropriations;

(e) when authorized by a compact rule, to conduct hearings and render reports and advisory decisions and orders; and

(f) to establish in the by–laws the requirements that shall describe and govern its duties to conduct open or public meetings and to provide public access to compact records and information.

ARTICLE VII. COMPACT RULE MAKING

In the exercise of its rule making authority, the compact commission shall:

(a) engage in formal rule making pursuant to a process that substantially conforms to the Model State Administrative Procedure Act of 1981 as amended, as may be appropriate to the actions and operations of the compact commission;

(b) gather information and engage in discussions with advisory committees, national industry stakeholders, and others, including an opportunity for industry organizations to submit input to member state racing commissions on the state level, to foster, promote and conduct a collaborative approach in the design and advancement of compact rules in a manner that serves the best interests of racing and as established in the by–laws;

(c) direct the publication in each member state of each equine drug rule proposed by the compact commission, conduct a review of public comments received by each member state racing commission and the compact commission in response to the publication of its rule making proposals, consult with national industry stakeholders and participants in live racing with regard to such process and any revisions to the compact rule proposal, and meet upon the completion of the public comment period to conduct a vote on the adoption of the proposed compact rule as a state rule in the member states. The super majority affirmative vote of eighty percent (80%) of the member delegates for a proposed compact rule shall be necessary and sufficient to adopt, amend, or rescind a compact rule as applicable to the member states; and

(d) have a standing committee that reviews at least quarterly the participation in and value of compact rules and, when it determines that a revision is appropriate or when requested to by any member state, submits a revising proposed compact rule. To the extent a revision would only add or remove a member state or states from where a compact rule has been adopted, the vote required by this article shall be required of only such state or states. The standing committee shall gather information and engage in discussions with national industry stakeholders, who may also directly recommend a compact rule proposal or revision to the compact committee.

ARTICLE VIII. STATUS AND RELATIONSHIP TO MEMBER STATES

(a) The compact commission, as an interstate governmental entity, shall be exempt from all taxation in and by the member states.

(b) The compact commission shall not pledge the credit of any member state except by and with the appropriate legal authority of that state.

(c) Each member state shall reimburse or otherwise pay the expenses of its delegate, including any alternate, in the compact commission.

(d) No member state, except as provided in Article XI of this compact, shall be held liable for the debts or other financial obligations incurred by the compact commission.

(e) No member state shall have, while it participates in the compact commission, any claim to or ownership of any property held by or vested in the compact commission or to any compact commission funds held pursuant to this compact except for state license or other fees or moneys collected by the compact commission as its agent.

(f) The compact dissolves upon the date of the withdrawal of the member state that reduces membership in the compact to one (1) state. Upon dissolution, the compact becomes null and void and shall be of no further force or effect, although equine drug rules adopted through this compact shall remain rules in each member state that had adopted them, and the business and affairs of the compact shall be concluded and any surplus funds shall be distributed to the former member states in accordance with the by–laws.

ARTICLE IX. RIGHTS AND RESPONSIBILITIES OF MEMBER STATES

(a) Each member state in the compact shall accept the decisions, duly applicable to it, of the compact commission in regard to compact rules and rule making.

(b) This compact shall not be construed to diminish or limit the powers and responsibilities of the member state racing commission or similar regulatory body, or to invalidate any action it has previously taken, except to the extent it has, by its compact delegate, expressed its consent to a specific rule or other action of the compact commission. The compact delegate from each state shall serve as the agent of the state racing commission and shall possess substantial knowledge and experience as a regulator or participant in the horse racing industry.

ARTICLE X. ENFORCEMENT OF COMPACT

(a) The compact commission shall have standing to intervene in any legal action that pertains to the subject matter of the compact and might affect its powers, duties, or actions.

(b) The courts and executive in each member state shall enforce the compact and take all actions necessary and appropriate to effectuate its purposes and intent. Compact provisions, by–laws, and rules shall be received by all judges, departments, agencies, bodies, and officers of each member state and its political subdivisions as evidence of them.

ARTICLE XI. LEGAL ACTIONS AGAINST COMPACT

(a) Any person may commence a claim, action, or proceeding against the compact commission in state court for damages. The compact commission shall have the benefit of the same limits of liability, defenses, rights to indemnity and defense by the state, and other legal rights and defenses for non–compact matters of the state racing commission in the state. All legal rights and defenses that arise from this compact shall also be available to the compact commission.

(b) A compact delegate, alternate, or other member or employee of a state racing commission who undertakes compact activities or duties does so in the course of business of their state racing commission, and shall have the benefit of the same limits of liability, defenses, rights to indemnity and defense by the state, and other legal rights and defenses for non–compact matters of state employees in their state. The executive director and other employees of the compact commission shall have the benefit of these same legal rights and defenses of state employees in the member state in which they are primarily employed. All legal rights and defenses that arise from this compact shall also be available to them.

(c) Each member state shall be liable for and pay judgments filed against the compact commission to the extent related to its participation in the compact. Where liability arises from action undertaken jointly with other member states, the liability shall be divided equally among the states for whom the applicable action or omission of the executive director or other employees of the compact commission was undertaken; and no member state shall contribute to or pay, or be jointly or severally or otherwise liable for, any part of any judgment beyond its share as determined in accordance with this article.

ARTICLE XII. RESTRICTIONS ON AUTHORITY

Maryland substantive state laws applicable to pari–mutuel horse racing and wagering shall remain in full force and effect.

ARTICLE XIII. CONSTRUCTION, SAVING, AND SEVERABILITY

(a) This compact shall be liberally construed so as to effectuate its purposes. The provisions of this compact shall be severable and if any phrase, clause, sentence, or provision of this compact is declared to be contrary to the Constitution of the United States or of any member state, or the applicability of this compact to any government, agency, person, or circumstance is held invalid, the validity of the remainder of this compact and its applicability to any government, agency, person, or circumstance shall not be affected. If all or some portion of this compact is held to be contrary to the constitution of any member state, the compact shall remain in full force and effect as to the remaining member states and in full force and effect as to the state affected as to all severable matters.

(b) In the event of any allegation, finding, or ruling against the compact or its procedures or actions, provided that a member state has followed the compact’s stated procedures, any rule it purported to adopt using the procedures of this statute shall constitute a duly adopted and valid state rule.
Md. Code, Public Safety § 11-113 — MD Code / Article gps / Title 11 / Subtitle 1 / Section 11-113
§11–113.
Status: in_force

Each theft or other unauthorized taking of explosives from a licensee under this subtitle shall be reported by the licensee to the State Fire Marshal:

(1) immediately by telephone; and

(2) by a written report in the form required by the State Fire Marshal.
Md. Code, Criminal Procedure § 11-401 — MD Code / Article gcp / Title 11 / Subtitle 4 / Section 11-401
§11–401.
Status: in_force

In this subtitle, “victim’s representative” means:

(1) a member of the victim’s immediate family; or

(2) another family member, the personal representative, or guardian of the victim if the victim is:

(i) deceased;

(ii) under a mental, physical, or legal disability; or

(iii) otherwise unable to provide the required information.
Md. Code, Commercial Law § 11-1102 — MD Code / Article gcl / Title 11 / Subtitle 11 / Section 11-1102
§11–1102.
Status: in_force

A person shall advertise and conduct a distress sale only under the provisions of this subtitle.
Md. Code, Transportation § 11-158.1 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-158.1
§11–158.
Status: in_force

§11–158.1.

“Service member” has the meaning stated in § 9–901 of the State Government Article.
Md. Code, Commercial Law § 11-207 — MD Code / Article gcl / Title 11 / Subtitle 2 / Section 11-207
§11–207.
Status: in_force

(a) The Attorney General shall investigate suspected criminal violations of this subtitle and may require assistance from any State’s Attorney for that purpose.

(b) The Attorney General shall commence and try all prosecutions under this subtitle with the State’s Attorney for the county where the prosecution is brought.

(c) With respect to the commencement and trial of the prosecution, the Attorney General has all the powers and duties vested by law in State’s Attorneys with respect to criminal prosecutions.

(d) A prosecution for any offense in violation of this subtitle shall be commenced within four years after the offense is committed.

(e) The Attorney General may not commence prosecution under this subtitle against any person while the person is a defendant with regard to a pending complaint, information, or indictment which:

(1) Involves substantially the same subject matter; and

(2) Is filed by the United States for violation or alleged violation of the federal antitrust statutes, including the statutes enumerated in § 11-202 and any similar act passed in the future.
Md. Code, Estates and Trusts § 11-112 — MD Code / Article get / Title 11 / Subtitle 1 / Section 11-112
§11–112.
Status: in_force

(a) In this section, “disqualified person” means a person who feloniously and intentionally kills, conspires to kill, or procures the killing of the decedent.

(b) (1) Except as provided in paragraph (2) of this subsection, a disqualified person shall be treated as if the disqualified person disclaimed the property or interest in the property at the time of the decedent’s death.

(2) The provisions of § 4–403 of this article do not apply to this section.

(3) A disqualified person shall be disqualified from:

(i) Inheriting;

(ii) Taking;

(iii) Enjoying;

(iv) Receiving; or

(v) Otherwise benefiting from the:

1. Death;

2. Probate estate; or

3. Nonprobate property of the decedent;

(vi) Receiving a general or special power of appointment conferred by the will or trust of the decedent; and

(vii) Serving as a personal representative, guardian, or trustee of a trust created by the decedent.

(c) (1) The survivorship interest of a disqualified person in property held with the decedent, including a form of co–ownership with incidents of survivorship, is severed at the time of the death of the decedent and the property passes as if the decedent and the disqualified person have no rights by survivorship.

(2) This section does not apply to the survivorship interest of a third party.

(d) A disqualified person who is a named beneficiary of a life insurance policy on the decedent or other contractual arrangement with the decedent is not entitled to a benefit under the policy or contractual arrangement.

(e) (1) (i) In a civil proceeding a person may allege that another person is a disqualified person.

(ii) A person may not file a civil action alleging that another person is a disqualified person after the later of:

1. 3 years from the date of the decedent’s death; or

2. If the alleged disqualified person is criminally charged within 3 years from the date of the decedent’s death with feloniously and intentionally killing, conspiring to kill, or procuring the killing of the decedent, 1 year from the date that the criminal charge is filed.

(2) On request of a party in a civil proceeding in which a person is alleged to be a disqualified person, the civil proceeding shall be stayed pending a final judgment in a case in which the alleged disqualified person is criminally charged with feloniously and intentionally killing, conspiring to kill, or procuring the killing of the decedent.

(3) (i) For purposes of this section, only a person who would be entitled to obtain property if another person is found to be a disqualified person, or the person’s representative, may provide notice to a third party that another person is a disqualified person.

(ii) For purposes of this section, a person described in subparagraph (i) of this paragraph or the person’s representative may not provide notice to a third party that a person is a disqualified person later than the time for filing a civil action described in this subsection.

(f) (1) A third party, including an insurance company, bank, or other obligor, making a payment according to the terms of a policy or obligation, is not liable by reason of this section unless, before the payment is made, the third party has received at the home office or principal address of the third party written notice of an alleged disqualified person under this section.

(2) A third party, including an insurance company, a bank, or any other obligor, who files an interpleader regarding an amount owed may not be liable to an alleged disqualified person for wrongful dishonor or any other claim relating to the amount owed.

(g) (1) A third party who purchases property for value and without notice or who receives a payment or other item of property in partial or full satisfaction of a legally enforceable obligation is not obligated under this section to return the payment, item of property, or benefit, and is not liable under this section for the amount of the payment or the value of the item of property or benefit.

(2) A person who, not for value, receives a payment, an item of property, or any other benefit to which the person is not entitled under this section is obligated to return the payment or item of property, and is personally liable for the amount of the payment or the value of the item of property or benefit to the person who is entitled to receive the payment, item of property, or other benefit.

(h) In the event a distribution is erroneously made to a disqualified person, the disqualified person shall make full restitution to the heir, legatee, beneficiary, or joint tenant who should have received the distribution in accordance with this section.

(i) Notwithstanding any other provision of this section, an interested person or a named beneficiary of a life insurance policy on the decedent or other contractual arrangement with the decedent may seek a determination in the proper court, by declaratory judgment or otherwise, that the person or named beneficiary is not a disqualified person and other relief.

(j) (1) A final conviction of felonious and intentional killing, conspiring to kill, or procuring the killing of a decedent is admissible in a civil proceeding in which a person is alleged to be a disqualified person and is conclusive for purposes of this section.

(2) In the absence of a final conviction described in paragraph (1) of this subsection, the trier of fact in a civil proceeding may determine by a preponderance of evidence whether a person feloniously and intentionally killed, conspired to kill, or procured the killing of the decedent for purposes of this section.

(3) Nothing in this section affects a right to a jury trial which otherwise exists.
Md. Code, Education § 11-1701 — MD Code / Article ged / Title 11 / Subtitle 17 / Section 11-1701
§11–1701.
Status: in_force

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

(b) “Emergency assistance” means immediate direct assistance provided by a hunger–free campus to any student facing an unanticipated financial crisis or hardship.

(c) “Hunger–free campus” means a campus of any 4–year institution of higher education or regional higher education center that meets the requirements of § 11–1703(a) of this subtitle or any 2–year institution of higher education that meets the requirements of § 11–1703(b) of this subtitle.

(d) “Program” means the Hunger–Free Campus Grant Program.
Md. Code, Business Regulation § 11-526 — MD Code / Article gbr / Title 11 / Subtitle 5 / Section 11-526
§11–526.
Status: reserved

(a) In this section, “Park and Planning Commission” means the Maryland-National Capital Park and Planning Commission.

(b) The State Racing Commission shall issue a special thoroughbred racing license to the Park and Planning Commission to hold racing in 4 one-day race meetings at the Prince George’s Equestrian Center.

(c) The racing days shall be held:

(1) on dates that the Park and Planning Commission chooses and the State Racing Commission approves;

(2) on dates when a mile thoroughbred racing licensee does not hold a race; and

(3) in connection with or for the benefit of a county fair or equestrian exhibition or activity.

(d) (1) The Park and Planning Commission shall deduct from the handle:

(i) 17% of all money bet in each regular mutuel pool;

(ii) 19% of all money bet in each multiple mutuel pool on 2 horses; and

(iii) 25% of all money bet in each multiple mutuel pool on 3 or more horses.

(2) The Park and Planning Commission shall pay to the Maryland Equestrian Foundation, Inc., a nonprofit organization:

(i) from the amount deducted under paragraph (1) of this subsection, 8% of the total amount bet in all of the mutuel pools; and

(ii) any profit from admission fees or other receipts, less expenses from the operation of racing days.

(3) On races that the Park and Planning Commission holds each year, the Park and Planning Commission shall allocate for purses:

(i) 5% of each regular mutuel pool;

(ii) 7% of each multiple mutuel pool on 2 horses;

(iii) 13% of the money bet in the first race of the day with a multiple mutuel pool on 3 or more horses; and

(iv) 9.25% of the money bet in every other race with a multiple mutuel pool on 3 or more horses.

(e) Repealed.

(f) An officer of the Park and Planning Commission may not receive a salary or dividends from racing authorized under this section.
Md. Code, Correctional Services § 11-107 — MD Code / Article gcs / Title 11 / Subtitle 1 / Section 11-107
§11–107.
Status: in_force

An agreement, contract, or other instrument approved by the Secretary shall be subject to the approval of the Board of Public Works before final execution.
Md. Code, Real Property § 11-109 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-109
§11–109.
Status: in_force

(a) The affairs of the condominium shall be governed by a council of unit owners which, even if unincorporated, is constituted a legal entity for all purposes. The council of unit owners shall be comprised of all unit owners.

(b) The bylaws may authorize or provide for the delegation of any power of the council of unit owners to a board of directors, officers, managing agent, or other person for the purpose of carrying out the responsibilities of the council of unit owners.

(c) (1) A meeting of the council of unit owners or board of directors may not be held on less notice than required by this section.

(2) The council of unit owners shall maintain a current roster of names and addresses of each unit owner to which notice of meetings of the board of directors shall be sent at least annually.

(3) Each unit owner shall furnish the council of unit owners with his name and current mailing address. A unit owner may not vote at meetings of the council of unit owners until this information is furnished.

(4) A regular or special meeting of the council of unit owners may not be held on less than 10 nor more than 90 days’:

(i) Written notice delivered or mailed to each unit owner at the address shown on the roster on the date of the notice; or

(ii) Notice sent to each unit owner by electronic transmission, if the requirements of § 11–139.1 of this title are met.

(5) Notice of special meetings of the board of directors shall be given:

(i) As provided in the bylaws; or

(ii) If the requirements of § 11–139.1 of this title are met, by electronic transmission.

(6) Except as provided in § 11–109.1 of this title, a meeting of a governing body shall be open and held at a time and location as provided in the notice or bylaws.

(7) (i) This paragraph does not apply to any meeting of the governing body that occurs at any time before the meeting at which the unit owners elect officers or a board of directors in accordance with paragraph (16) of this subsection.

(ii) Subject to subparagraph (iii) of this paragraph and to reasonable rules adopted by the governing body under § 11–111 of this title, a governing body shall provide a designated period of time during a meeting to allow unit owners an opportunity to comment on any matter relating to the condominium.

(iii) During a meeting at which the agenda is limited to specific topics or at a special meeting, the unit owners’ comments may be limited to the topics listed on the meeting agenda.

(iv) The governing body shall convene at least one meeting each year at which the agenda is open to any matter relating to the condominium.

(8) (i) Unless the bylaws provide otherwise, a quorum is deemed present throughout any meeting of the council of unit owners if persons entitled to cast 25 percent of the total number of votes appurtenant to all units are present in person or by proxy.

(ii) If the number of persons present in person or by proxy at a properly called meeting of the council of unit owners is insufficient to constitute a quorum, an additional meeting of the council of unit owners may be called for the same purpose if:

1. The notice of the initial properly called meeting stated:

A. That the procedure authorized by this paragraph might be invoked; and

B. The date, time, and place of the additional meeting; and

2. A majority of the unit owners present vote in person or by proxy to call for the additional meeting.

(iii) 1. An additional meeting called under subparagraph (ii) of this paragraph shall occur not less than 15 days after the initial properly called meeting.

2. Not less than 10 days before the additional meeting, a separate and distinct notice of the date, time, place, and purpose of the additional meeting called under subparagraph (ii) of this paragraph shall be:

A. Delivered, mailed, or sent by electronic transmission if the requirements of § 11–139.1 of this title are met, to each unit owner at the address shown on the roster maintained under paragraph (2) of this subsection;

B. Advertised in a newspaper published in the county where the condominium is located; or

C. If the condominium has a website, posted on the homepage of the website.

3. The notice shall contain the quorum and voting provisions of subparagraph (iv) of this paragraph.

(iv) 1. At the additional meeting, the unit owners present in person or by proxy constitute a quorum.

2. Unless the bylaws provide otherwise, a majority of the unit owners present in person or by proxy:

A. May approve or authorize the proposed action at the additional meeting; and

B. May take any other action that could have been taken at the original meeting if a sufficient number of unit owners had been present.

(v) This paragraph may not be construed to affect the percentage of votes required to amend the declaration or bylaws or to take any other action required to be taken by a specified percentage of votes.

(9) At meetings of the council of unit owners each unit owner shall be entitled to cast the number of votes appurtenant to his unit. Unit owners may vote by proxy, but the proxy is effective only for a maximum period of 180 days following its issuance, unless granted to a lessee or mortgagee.

(10) Any proxy may be revoked at any time at the pleasure of the unit owner or unit owners executing the proxy.

(11) A proxy who is not appointed to vote as directed by a unit owner may only be appointed for purposes of meeting quorums and to vote for matters of business before the council of unit owners, other than an election of officers and members of the board of directors.

(12) Only a unit owner voting in person or by electronic transmission if the requirements of § 11–139.2 of this title are met or a proxy voting for candidates designated by a unit owner may vote for officers and members of the board of directors.

(13) Unless otherwise provided in the bylaws, a unit owner may nominate himself or any other person to be an officer or member of the board of directors. A call for nominations shall be sent to all unit owners not less than 45 days before notice of an election is sent. Only nominations made at least 15 days before notice of an election shall be listed on the election ballot. Candidates shall be listed on the ballot in alphabetical order, with no indicated candidate preference. Nominations may be made from the floor at the meeting at which the election to the board is held.

(14) Election materials prepared with funds of the council of unit owners shall list candidates in alphabetical order and may not indicate a candidate preference.

(15) Unless otherwise provided in this title, and subject to provisions in the bylaws requiring a different majority, decisions of the council of unit owners shall be made on a majority of votes of the unit owners listed on the current roster present and voting.

(16) (i) A meeting of the council of unit owners to elect a board of directors for the council of unit owners, as provided in the condominium declaration or bylaws, shall be held within:

1. 60 days from the date that units representing 50 percent of the votes in the condominium have been conveyed by the developer to members of the public for residential purposes; or

2. If a lesser percentage is specified in the declaration or bylaws of the condominium, 60 days from the date the specified lesser percentage of units in the condominium are sold to members of the public for residential purposes.

(ii) 1. Before the date of the meeting held under subparagraph (i) of this paragraph, the developer shall deliver to each unit owner notice that the requirements of subparagraph (i) of this paragraph have been met.

2. The notice shall include the date, time, and place of the meeting to elect the board of directors for the council of unit owners.

(iii) If a replacement board member is elected, the term of each member of the board of directors appointed by the developer shall end 10 days after the meeting is held as specified in subparagraph (i) of this paragraph.

(iv) Within 30 days from the date of the meeting held under subparagraph (i) of this paragraph, the developer shall deliver to the officers or board of directors for the council of unit owners, as provided in the condominium declaration or bylaws, at the developer’s expense:

1. The documents specified in § 11–132 of this title;

2. The condominium funds, including operating funds, replacement reserves, investment accounts, and working capital;

3. The tangible property of the condominium; and

4. A roster of current unit owners, including mailing addresses, telephone numbers, and unit numbers, if known.

(v) The replacement reserves delivered under subparagraph (iv)2 of this paragraph for a residential condominium shall be equal to at least the reserve funding amount recommended in the reserve study completed under § 11–109.4 of this title as of the date of the meeting.

(vi) 1. This subparagraph does not apply to a contract entered into before October 1, 2009.

2. A. In this subparagraph, “contract” means an agreement with a company or individual to handle financial matters, maintenance, or services for the condominium.

B. “Contract” does not include an agreement relating to the provision of utility services or communication systems.

3. Until all members of the board of directors of the condominium are elected by the unit owners at a transitional meeting as specified in subparagraph (i) of this paragraph, a contract entered into by the officers or board of directors of the condominium may be terminated, at the discretion of the board of directors and without liability for the termination, not later than 30 days after notice.

(vii) If the developer fails to comply with the requirements of this paragraph, an aggrieved unit owner may submit the dispute to the Division of Consumer Protection of the Office of the Attorney General under § 11–130(c) of this title.

(17) (i) Elections, including the collection and counting of ballots and the certifying of results, for officers or members of the governing body other than the full membership of the council of unit owners shall be conducted by independent parties who:

1. Are not candidates in the election; and

2. Do not have a conflict of interest regarding any candidate in the election.

(ii) A unit owner is an independent party if the unit owner:

1. Complies with the requirements of this section;

2. Does not electioneer for any candidate; and

3. Is not subject to an objection by more than 25 percent of the eligible voting members of the council of unit owners.

(iii) Unless property management for a condominium is owned by the condominium, or a parent association of the condominium, representatives of the condominium’s property management are not independent parties.

(18) The governing body may retain a third–party vendor or employ a commercial technology platform to conduct an election.

(19) Individuals conducting an election shall make reasonable efforts to ensure that the election is fair and that there is accountability for the process and the results of the election.

(20) A unit owner designated to conduct an election who acts in good faith is not personally liable in connection with the conduct of the election.

(21) (i) The governing body shall make reasonable accommodations, including reasonable use of any portion of common areas, for unit owners to engage in organizing activities relating to governance of the condominium.

(ii) The governing body may not prevent unit owners from or retaliate against unit owners for exercising rights guaranteed under law or under the governing documents of the condominium.

(22) Provisions of the governing documents, rules, or regulations of a condominium relating to the conduct of elections that are inconsistent with the requirements of this section are unenforceable and void.

(d) The council of unit owners may be either incorporated as a nonstock corporation or unincorporated and it is subject to those provisions of Title 5, Subtitle 2 of the Corporations and Associations Article which are not inconsistent with this title. The council of unit owners has, subject to any provision of this title, and except as provided in item (22) of this subsection, the declaration, and bylaws, the following powers:

(1) To have perpetual existence, subject to the right of the unit owners to terminate the condominium regime as provided in § 11–123 of this title;

(2) To adopt and amend reasonable rules and regulations;

(3) To adopt and amend budgets for revenues, expenditures, and reserves and collect assessments for common expenses from unit owners;

(4) To sue and be sued, complain and defend, or intervene in litigation or administrative proceedings in its own name on behalf of itself or two or more unit owners on matters affecting the condominium;

(5) To transact its business, carry on its operations and exercise the powers provided in this subsection in any state, territory, district, or possession of the United States and in any foreign country;

(6) To make contracts and guarantees, incur liabilities and borrow money, sell, mortgage, lease, pledge, exchange, convey, transfer, and otherwise dispose of any part of its property and assets;

(7) To issue bonds, notes, and other obligations and secure the same by mortgage or deed of trust of any part of its property, franchises, and income;

(8) To acquire by purchase or in any other manner, to take, receive, own, hold, use, employ, improve, and otherwise deal with any property, real or personal, or any interest therein, wherever located;

(9) To hire and terminate managing agents and other employees, agents, and independent contractors;

(10) To purchase, take, receive, subscribe for or otherwise acquire, own, hold, vote, use, employ, sell, mortgage, loan, pledge or otherwise dispose of, and otherwise use and deal in and with, shares or other interests in, or obligation of corporations of the State, or foreign corporations, and of associations, partnerships, and individuals;

(11) To invest its funds and to lend money in any manner appropriate to enable it to carry on the operations or to fulfill the purposes named in the declaration or bylaws, and to take and to hold real and personal property as security for the payment of funds so invested or loaned;

(12) To regulate the use, maintenance, repair, replacement, and modification of common elements;

(13) To cause additional improvements to be made as a part of the general common elements;

(14) To grant easements, rights–of–way, licenses, leases in excess of 1 year, or similar interests through or over the common elements in accordance with § 11–125(f) of this title;

(15) To impose and receive any payments, fees, or charges for the use, rental, or operation of the common elements other than limited common elements;

(16) To impose charges for late payment of assessments and, after notice and an opportunity to be heard, levy reasonable fines for violations of the declaration, bylaws, and rules and regulations of the council of unit owners, under § 11–113 of this title;

(17) To impose reasonable charges for the preparation and recordation of amendments to the declaration, bylaws, rules, regulations, or resolutions, resale certificates, or statements of unpaid assessments;

(18) To provide for the indemnification of and maintain liability insurance for officers, directors, and any managing agent or other employee charged with the operation or maintenance of the condominium;

(19) To enforce the implied warranties made to the council of unit owners by the developer under § 11–131 of this title;

(20) To enforce the provisions of this title, the declaration, bylaws, and rules and regulations of the council of unit owners against any unit owner or occupant;

(21) Generally, to exercise the powers set forth in this title and the declaration or bylaws and to do every other act not inconsistent with law, which may be appropriate to promote and attain the purposes set forth in this title, the declaration or bylaws; and

(22) To designate parking for individuals with disabilities, notwithstanding any provision in the declaration, bylaws, or rules and regulations.

(e) A unit owner may not have any right, title, or interest in any property owned by the council of unit owners other than as holder of a percentage interest in common expenses and common profits appurtenant to his unit.

(f) A unit owner’s rights as holder of a percentage interest in common expenses and common profits are such that:

(1) A unit owner’s right to possess, use, or enjoy property of the council of unit owners shall be as provided in the bylaws; and

(2) A unit owner’s interest in the property is not assignable or attachable separate from his unit except as provided in §§ 11-107(d) and 11-112(g) of this title.
Md. Code, Correctional Services § 11-1002 — MD Code / Article gcs / Title 11 / Subtitle 10 / Section 11-1002
§11–1002.
Status: in_force

This subtitle applies only in Allegany County, Carroll County, Cecil County, Garrett County, Harford County, and St. Mary’s County.
Md. Code, Real Property § 11-137 — MD Code / Article grp / Title 11 / Subtitle 1 / Section 11-137
§11–137.
Status: in_force

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

(2) “Annual income” means the total income from all sources, of a designated household, for the income tax year immediately preceding the year in which the notice is given under § 11-102.1 of this title, whether or not included in the definition of gross income for federal or State tax purposes. For purposes of this section, the inclusions and exclusions from annual income are the same as those listed in § 9-104(a)(8) of the Tax - Property Article, “gross income” as that term is defined for the property tax credits for homeowners by reason of income and age, but shall not include unreimbursed medical expenses if the tenant provides reasonable evidence of the unreimbursed medical expenses or consents in writing to authorize disclosure of relevant information regarding medical expense reimbursement at the time of applying for an extended lease.

(3) “Designated household” means any of the following households:

(i) A household which includes a senior citizen who has been a member of the household for a period of at least 12 months preceding the giving of the notice required by § 11-102.1 of this title; or

(ii) A household which includes an individual with a disability who has been a member of the household for a period of at least 12 months preceding the giving of the notice required by § 11-102.1 of this title.

(4) (i) “Disability” means:

1. A physical or mental impairment that substantially limits one or more of an individual’s major life activities; or

2. A record of having a physical or mental impairment that substantially limits one or more of an individual’s major life activities.

(ii) “Disability” does not include the current illegal use of or addiction to:

1. A controlled dangerous substance as defined in § 5-101 of the Criminal Law Article; or

2. A controlled substance as defined in 21 U.S.C. § 802.

(5) “Household” means only those persons domiciled in the unit at the time the notice required by § 11-102.1 of this title is given.

(6) “Rental facility” means property containing 10 or more dwelling units intended to be leased to persons who occupy the dwellings as their residences.

(7) “Senior citizen” means a person who is at least 62 years old on the date that the notice required by § 11-102.1 of this title is given.

(8) “Unreimbursed medical expenses” means the cost of medical expenses not otherwise paid for by insurance or some other third party, including medical and hospital insurance premiums, co-payments, and deductibles; Medicare A and B premiums; prescription medications; dental care; vision care; and nursing care provided at home or in a nursing home or home for the aged.

(b) A developer may not grant a unit in a rental facility occupied by a designated household entitled to receive the notice required by § 11-102.1 of this title without offering to the tenant of the unit a lease extension for a period of at least 3 years from the giving of the notice required by § 11-102.1 of this title, if the household meets the following criteria:

(1) Had an annual income which did not exceed the income eligibility figure applicable for the county or incorporated municipality in which the rental facility is located, as provided under subsection (n) of this section;

(2) Is current in its rent payment and has not violated any other material term of the lease; or

(3) Has provided the developer within 60 days after the giving of the notice required by § 11-102.1 of this title with an affidavit under penalty of perjury:

(i) Stating that the household is applying for an extended lease under this section;

(ii) Setting forth the household’s annual income for the calendar year preceding the giving of the notice required by § 11-102.1 of this title together with reasonable supporting documentation of the household income and, where applicable, of unreimbursed medical expenses or a written authorization for disclosure of relevant information regarding medical expense reimbursement by doctors, hospitals, clinics, insurance companies, or similar persons, entities, or organizations that provide medical treatment coverage to the household;

(iii) Setting forth facts showing that a member of the household is either an individual with a disability or a senior citizen who, in either event, has been a member of the household for at least 12 months preceding the giving of the notice required by § 11-102.1 of this title; and

(iv) Has executed an extended lease and returned it to the developer within 60 days after the giving of the notice required by § 11-102.1 of this title.

(c) The developer shall deliver to each tenant entitled to receive the notice required by § 11-102.1 of this title, simultaneously with the notice:

(1) An application on which may be included all of the information required by subsection (b)(3) of this section;

(2) A lease containing the terms required by this section and clearly indicating that the lease will be effective only if:

(i) The tenant executes and returns the lease not later than 60 days after the giving of the notice required by § 11-102.1 of this title; and

(ii) The household is allocated 1 of the units required to be made available to qualified households based on its ranking under subsection (k) of this section and the number of tenants executing and returning leases;

(3) A notice, delivered in the form specified in § 11-102.1(f) of this title, setting forth the rights and obligations of the tenant under this section; and

(4) A copy of the public offering statement which is registered with the Secretary of State.

(d) Within 75 days after the giving of the notice required by § 11-102.1 of this title, the developer shall notify each household which submits to the developer the documentation required by subsection (b)(3) of this section:

(1) Whether the household meets the criteria of subsection (b) of this section, and, if not, an explanation of which criteria have not been met; and

(2) Whether the extended lease has become effective.

(e) Within 75 days after the giving of the notice required by § 11-102.1 of this title, the developer shall provide to any county, incorporated municipality, or housing agency which has a right to purchase units in the rental facility under § 11-139 of this title:

(1) A notice indicating the number of units in the rental facility being made available to qualified households under subsection (k)(1) of this section;

(2) A list of all households meeting the criteria of subsection (b) of this section, indicating the ranking of each in relation to that number;

(3) A list of all households returning the affidavit required by subsection (b) of this section which do not meet all the criteria of subsection (b) of this section and copies of the notifications sent to these households under subsection (d) of this section; and

(4) A list of all households as to whom a lease has become effective.

(f) (1) The extended lease shall provide for a term commencing on acceptance and terminating not less than 3 years from the giving of the notice required by § 11-102.1 of this title.

(2) Annually, on the commencement date of the extended lease, the rental fee for the unit may be increased. The increase may not exceed an amount determined by multiplying the annual rent for the preceding year by the percentage increase for the rent component of the U.S. Consumer Price Index for Urban Wage Earners and Clerical Workers (CPI-W) (1967 = 100), as published by the U.S. Department of Labor, for the most recent 12-month period.

(3) Except as this section otherwise permits or requires, the extended lease shall contain the same terms and conditions as the lease in effect on the day preceding the giving of the notice required by § 11-102.1 of this title.

(g) A designated household which exercises its rights under this section shall not be denied an opportunity to buy a unit at a later date, if one is available.

(h) (1) A designated household which executes an extended lease under this section which is accepted thereafter may not terminate its extended lease under § 11-102.1 of this title. A designated household may terminate its extended lease at any time, with notice to the developer or any subsequent titleholder as follows:

(i) At least a 1-month notice in writing shall be given when less than 12 months remain on the lease; and

(ii) At least a 3-month notice in writing shall be given when 12 months or more remain on the lease.

(2) Any lease executed under this section shall set forth the provisions for termination contained in this subsection.

(i) The title to units subject to the provisions of this section may be granted to a person who is not a member of the designated household, provided that:

(1) The provisions of this section continue to apply despite any transfer of title to a unit occupied by a designated household as provided in this section;

(2) The designated household is provided written notice of the change of ownership of title by the new titleholder; and

(3) The vendor of any such unit provides the purchaser written disclosure that the unit is occupied by a designated household subject to the provisions of this section at the time of or prior to the execution of a contract of sale.

(j) The extended tenancy provided for in this section shall cease upon the occurrence of any of the following:

(1) 90 days after the death of the last surviving senior citizen or individual with a disability residing in the unit, or 90 days after the last senior citizen or individual with a disability residing in the unit has moved from the unit;

(2) Eviction for failure to pay rent due in a timely fashion or violation of a material term of the lease; or

(3) Voluntary termination of the lease by the designated household under subsection (h) of this section.

(k) (1) A developer shall set aside a percentage of the total number of units within a condominium for designated households. A developer is not required to grant extended leases covering more than 20 percent of the units within a condominium to designated households.

(2) (i) If the number of units occupied by designated households which meet the criteria of subsection (b) of this section exceeds 20 percent, then the number of available units for tenancy under the provisions of this section shall be allocated as determined by the local governing body.

(ii) If the local governing body fails to provide for allocation, then units shall be allocated by the developer.

(iii) 1. Except as provided in subsubparagraph 2 of this subparagraph, the developer shall allocate the units based on seniority by continuous length of residence.

2. Among designated households that include individuals with disabilities, priority shall be given to households that include an individual with a physical impairment who requires wheelchair accessible housing.

(l) (1) If a conversion to condominium involves substantial rehabilitation or reconstruction of such a nature that the work involved does not permit the continued occupancy of a unit because of danger to the health and safety of the tenants, then any designated household executing an extended lease under the provisions of this section may be required to vacate their unit not earlier than the expiration of the 180-day period and to relocate at the expense of the developer in a comparable unit in the rental facility to permit such work to be performed.

(2) If there is no comparable unit available, then the designated household may be required to vacate the rental facility. When the work is completed, the developer shall notify the household of its completion. The household shall have 30 days from the date of that notice to return to their original or a comparable rental unit. The term of the extended lease of that household shall begin upon their return to the rental unit.

(3) The developer shall give 180 days’ notice prior to the date that units must be vacated. The notice shall explain the household’s rights under this subsection and subsection (m) of this section.

(m) (1) The developer shall pay households that qualify as to income under subsection (b)(1) of this section $375 when the household vacates the unit and for moving expenses as defined in § 11-101 of this title in excess of $375 up to $750 which are actually and reasonably incurred. The household shall make a written request for reimbursement accompanied by reasonable evidence of the costs incurred within 30 days of moving. The developer shall reimburse the household within 30 days following receipt of the request.

(2) If a household does not qualify as to income under subsection (b)(1) of this section, the developer shall reimburse moving expenses as defined in § 11-101 of this title, up to $750, actually and reasonably incurred to the designated households eligible under this subsection. The designated household shall make a written request for reimbursement accompanied by reasonable evidence of the costs incurred within 30 days of moving. The developer shall reimburse the designated household within 30 days following receipt of the request.

(3) The developer shall also pay a compensation equivalent to 3 months’ rent within 15 days of moving to the designated households eligible under this subsection.

(4) The following designated households which meet the applicable criteria of subsection (b) of this section are eligible under this subsection:

(i) A designated household which does not execute an extended lease;

(ii) A designated household which is precluded from having an extended tenancy by the limitation of subsection (k) of this section; or

(iii) A designated household which is required to vacate their rental unit under subsection (l)(2) of this section.

(5) A developer shall also reimburse moving expenses as defined in § 11-101 of this title, up to $750, actually and reasonably incurred, to a designated household who returns to their rental unit under subsection (l)(2) of this section. The designated household shall make a written request for reimbursement accompanied by reasonable evidence of the costs incurred within 30 days following the designated household’s return. The developer shall reimburse the designated household within 30 days following receipt of the request.

(n) (1) (i) The Secretary of State shall prepare income eligibility figures for each county and standard metropolitan statistical area of the State.

(ii) Except in Baltimore City, the figures shall reasonably approximate:

1. 80 percent of the median household income for each county;

2. 80 percent of the median household income for each metropolitan statistical area; and

3. The uncapped low income limits as adjusted for family size calculated by the U.S. Department of Housing and Urban Development for assisted housing programs.

(iii) In Baltimore City, the figure shall reasonably approximate 100% of the median household income for the Baltimore Metropolitan Statistical Area.

(2) Except in Baltimore City, a county or incorporated municipality may by law, ordinance, or resolution select from the figures prepared by the Secretary of State under paragraph (1)(ii) of this subsection, the applicable income eligibility figure or figures to be used in the county or incorporated municipality.

(3) The figure prepared by the Secretary of State under paragraph (1)(iii) of this subsection shall be the income eligibility figure used in Baltimore City.

(4) Except in Baltimore City, if a county or incorporated municipality does not select an income eligibility figure or figures, 80 percent of the median household income for the county shall be used.
Md. Code, Public Safety § 11-118 — MD Code / Article gps / Title 11 / Subtitle 1 / Section 11-118
§11–118.
Status: in_force

In an action under this subtitle:

(1) the State need not disprove any exception, excuse, proviso, or exemption under this subtitle; and

(2) the burden of proof of an exception, excuse, proviso, or exemption is on the defendant or the holder of any alleged security interest, as the case may be.
Md. Code, Human Services § 11-205 — MD Code / Article ghu / Title 11 / Subtitle 2 / Section 11-205
§11–205.
Status: in_force

To the extent consistent with this title, the Corporation shall exercise the powers granted to a nonstock corporation under Title 5, Subtitle 2 of the Corporations and Associations Article.
Md. Code, Correctional Services § 11-1105 — MD Code / Article gcs / Title 11 / Subtitle 11 / Section 11-1105
§11–1105.
Status: in_force

(a) The investigation or interrogation by an internal investigation unit of a correctional officer for a reason that may lead to disciplinary action, demotion, or dismissal shall be conducted in accordance with this section.

(b) For purposes of this section, the investigating officer or interrogating officer shall be a member of the Sheriff’s Office.

(c) (1) A complaint against a correctional officer that alleges brutality in the execution of the correctional officer’s duties may not be investigated unless the complaint is sworn to, before an official authorized to administer oaths, by:

(i) the aggrieved individual;

(ii) a member of the aggrieved individual’s immediate family;

(iii) an individual with firsthand knowledge obtained because the individual was present at and observed the alleged incident; or

(iv) the parent or guardian of the minor child, if the alleged incident involves a minor child.

(2) (i) Subject to subparagraph (ii) of this paragraph, unless a complaint is filed within 90 days after the alleged brutality, an investigation that may lead to disciplinary action under this subtitle for brutality may not be initiated and an action may not be taken.

(ii) The Sheriff’s Office may investigate any complaint of brutality at any time if the complaint is made by an employee or a member of the Sheriff’s Office.

(d) (1) The correctional officer under investigation shall be informed of the name, rank, and command of:

(i) the officer in charge of the investigation;

(ii) the interrogating officer; and

(iii) each individual present during an interrogation.

(2) Before an interrogation, the correctional officer under investigation shall be informed in writing of the nature of the investigation.

(e) Unless the seriousness of the investigation is of a degree that an immediate interrogation is required, the interrogation shall be conducted at a reasonable hour, preferably when the correctional officer is on duty.

(f) The interrogation shall take place:

(1) at the office of the command of the investigating officer or at the office of the correctional officer under investigation, as designated by the investigating officer; or

(2) at another reasonable and appropriate place.

(g) (1) All questions directed to the correctional officer under interrogation shall be asked by and through one interrogating officer during any one session of interrogation consistent with paragraph (2) of this subsection.

(2) Each session of interrogation shall:

(i) be for a reasonable period; and

(ii) allow for personal necessities and rest periods as reasonably necessary.

(h) The correctional officer under interrogation may not be threatened with transfer, dismissal, or disciplinary action.

(i) (1) (i) On request, the correctional officer under interrogation has the right to be represented by counsel or another responsible representative of the correctional officer’s choice who shall be present and available for consultation at all times during the interrogation.

(ii) The correctional officer may waive the right described in subparagraph (i) of this paragraph.

(2) (i) The interrogation shall be suspended for a period not exceeding 5 days until representation is obtained.

(ii) Within the 5–day period described in subparagraph (i) of this paragraph, the Sheriff, for good cause shown, may extend the period for obtaining representation.

(3) During the interrogation, the correctional officer’s counsel or representative may:

(i) request a recess at any time to consult with the correctional officer;

(ii) object to any question posed; and

(iii) state on the record outside the presence of the correctional officer the reason for the objection.

(j) (1) A complete record shall be kept of the entire interrogation, including all recess periods, of the correctional officer.

(2) The record may be written, taped, or transcribed.

(3) On completion of the investigation, and on request of the correctional officer under investigation or the correctional officer’s counsel or representative, a copy of the record of the interrogation shall be made available at least 10 days before a hearing.

(k) (1) The Sheriff’s Office may order the correctional officer under investigation to submit to blood alcohol tests, blood, breath, or urine tests for controlled dangerous substances, polygraph examinations, or interrogations that specifically relate to the subject matter of the investigation.

(2) If the Sheriff’s Office orders the correctional officer to submit to a test, an examination, or an interrogation described in paragraph (1) of this subsection and the correctional officer refuses to do so, the Sheriff’s Office may commence an action that may lead to a punitive measure as a result of the refusal.

(3) If the Sheriff’s Office orders the correctional officer to submit to a test, an examination, or an interrogation described in paragraph (1) of this subsection, the results of the test, examination, or interrogation are not admissible or discoverable in a criminal proceeding against the correctional officer.

(l) (1) If the Sheriff’s Office orders the correctional officer to submit to a polygraph examination, the results of the polygraph examination may not be used as evidence in an administrative hearing unless the Sheriff’s Office and the correctional officer agree to the admission of the results.

(2) The correctional officer’s counsel or representative need not be present during the actual administration of a polygraph examination by a certified polygrapher if:

(i) the questions to be asked are reviewed with the correctional officer or the counsel or representative before the administration of the examination;

(ii) the counsel or representative is allowed to observe the administration of the examination; and

(iii) a copy of the final report of the examination by the certified polygrapher is made available to the correctional officer or the counsel or representative within a reasonable time, not exceeding 10 days, after completion of the examination.

(m) (1) On completion of an investigation and at least 10 days before a hearing, the correctional officer under investigation shall be:

(i) notified of the name of each witness and of each charge and specification against the correctional officer; and

(ii) provided with a copy of the investigatory file and any exculpatory information, if the correctional officer and the correctional officer’s representative agree to:

1. execute a confidentiality agreement with the Sheriff’s Office not to disclose any material contained in the investigatory file and exculpatory information for any purpose other than to defend the correctional officer; and

2. pay a reasonable charge for the cost of reproducing the material.

(2) The Sheriff’s Office may exclude from the exculpatory information provided to a correctional officer under this subsection:

(i) the identity of confidential sources;

(ii) nonexculpatory information; and

(iii) recommendations as to charges, disposition, or punishment.

(n) (1) The Sheriff’s Office may not insert adverse material into a file of the correctional officer, except the file of the internal investigation, unless the correctional officer has an opportunity to review, sign, receive a copy of, and comment in writing on the adverse material.

(2) The correctional officer may waive the right described in paragraph (1) of this subsection.
Md. Code, Education § 11-106 — MD Code / Article ged / Title 11 / Subtitle 1 / Section 11-106
§11–106.
Status: in_force

(a) (1) The Commission shall establish:

(i) A Faculty Advisory Council;

(ii) A Student Advisory Council;

(iii) A Segmental Advisory Council;

(iv) A Financial Assistance Advisory Council;

(v) A Maryland Digital Library Advisory Council;

(vi) A Private Career School Advisory Council; and

(vii) A Program Review Process Advisory Council.

(2) These Councils shall meet periodically for the purpose of reviewing such matters as are referred by the Commission or the Secretary for their consideration and advice.

(3) The Councils may make reports and recommendations to the Commission.

(b) (1) The Commission may appoint continuing advisory committees that represent various groups in the higher education community.

(2) Advisory committees may make recommendations to the Commission on matters of statewide importance that affect their constituencies.
Md. Code, Financial Institutions § 11-401 — MD Code / Article gfi / Title 11 / Subtitle 4 / Section 11-401
§11–401.
Status: in_force

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

(b) “Agreement” means an installment sale agreement, a renewed or extended installment sale agreement, and any renewal, extension, or refund agreement made in connection with an installment sale agreement.

(c) (1) “Buyer” means a person who buys or leases goods under an installment sale agreement, even though the person has entered into one or more renewal, extension, or refund agreements.

(2) “Buyer” includes a prospective buyer.

(d) (1) “Collateral security” means any security interest in, encumbrance on, or pledge of property or goods that is given to secure performance of an obligation of a buyer or a surety for a buyer under an agreement.

(2) “Collateral security” includes the undertaking of a surety for a buyer.

(3) “Collateral security” does not include any goods or interest in goods that are the subject of an installment sale agreement.

(e) (1) “Control person” means a person who has the power, directly or indirectly, to direct the management or policies of a licensee or license applicant, whether through ownership of securities, by contract, or otherwise.

(2) “Control person” includes a person who:

(i) Is a general partner, an officer, a director, or a member of a licensee or license applicant, or occupies a similar position or performs a similar function;

(ii) Directly or indirectly has the right to vote 20% or more of a class of voting securities, or has the power to sell or direct the sale of 20% or more of a class of voting securities, of a licensee or license applicant; or

(iii) In the case of a partnership, a limited partnership, a limited liability partnership, a limited liability company, or any other business entity:

1. Has the right to receive on liquidation or dissolution of a licensee or license applicant 20% or more of the capital of the licensee or license applicant; or

2. Has contributed 20% or more of the capital of a licensee or license applicant.

(f) (1) “Goods” means all tangible personal property that has a cash price of $25,000 or less.

(2) “Goods” does not include money or things in action.

(g) (1) “Installment sale agreement” means a contract for the retail sale of consumer goods, negotiated or entered into in this State, under which:

(i) Part or all of the price is payable in one or more payments after the making of the contract; and

(ii) The seller takes collateral security or keeps a security interest in the goods sold.

(2) “Installment sale agreement” includes:

(i) A prospective installment sale agreement;

(ii) A purchase money security agreement; and

(iii) A contract for the bailment or leasing of consumer goods under which the bailee or lessee contracts to pay as compensation a sum that is substantially equal to or is more than the value of the goods.

(3) “Installment sale agreement” does not include:

(i) A bona fide C.O.D. transaction or a layaway agreement as defined in § 14–1101(g) of the Commercial Law Article; or

(ii) A lease for industrial, commercial, or agricultural purposes.

(h) “License” means a license issued in any form by the Commissioner under this subtitle to do business as a sales finance company, including as provided for through NMLS.

(i) “Licensed location” means any location listed by the licensee in NMLS in accordance with this subtitle.

(j) “Licensed name” means:

(1) The licensee’s legal name; and

(2) Any trade name used by the licensee in accordance with § 2–121 of this article.

(k) “Licensee” means a person licensed under this subtitle to do business as a sales finance company.

(l) “Person” includes an individual, corporation, business trust, statutory trust, estate, trust, partnership, association, two or more persons having a joint or common interest, or any other legal or commercial entity.

(m) “Retail sale” means the sale of goods for use or consumption by the buyer or for the benefit or satisfaction that the buyer may derive from the use or consumption of the goods by another, but not for resale by the buyer.

(n) “Sales finance company” means a person who is engaged, whether by purchase, discount, pledge, loan, or otherwise, in the business of acquiring, investing in, or lending money or credit on the security of any interest in:

(1) An installment sale agreement made between other parties;

(2) A retail credit account transaction, as defined in § 12–501 of the Commercial Law Article, made between other parties; or

(3) A transaction that deals with home improvement, as defined in § 8–101 of the Business Regulation Article, made between other parties, if collateral security is required by and given to the contractor as a condition to the transaction.

(o) “Security interest” has the meaning stated in § 1–201(37) of the Commercial Law Article.

(p) “Seller” means a person who sells or leases or agrees to sell or lease goods under an installment sale agreement.

(q) (1) “Surety” includes a guarantor.

(2) “Surety” does not include a seller who sells, transfers, or assigns an agreement.

(r) “Unique identifier” means a number or another identifier assigned by NMLS.
Md. Code, Business Regulation § 11-531 — MD Code / Article gbr / Title 11 / Subtitle 5 / Section 11-531
§11–531.
Status: in_force

There is a Maryland-Bred Race Fund Advisory Committee, under the jurisdiction of the Commission, in the Department.
Md. Code, Real Property § 11A-108.1 — MD Code / Article grp / Title 11A / Subtitle 1 / Section 11A-108.1
§11A–108.
Status: reserved

§11A–108.1.

(a) An association by a two-thirds majority vote of the members present at any regular or special meeting may amend its time-share instrument to provide that the time-shares in a time-share project will not terminate at the end of the term of the time-share plan as provided in § 11A-108 of this title.

(b) In determining that the time-shares will not terminate at the end of the term of the time-share plan, an association may:

(1) Establish a later termination date or decide that there will be no termination date; and

(2) Provide that on or after the original termination date as set forth in the time-share instrument, a time-share owner shall continue to:

(i) Have exclusive rights to use, occupy, sell, convey, assign, mortgage, exchange, or pass by will or inheritance, any time-shares owned by the person;

(ii) Use and enjoy all the common elements of the time-share project; and

(iii) Have the previously existing rights and duties in the association including the right to vote and the duty to pay charges and assessments.

(c) A person to whom a time-share is transferred by sale, conveyance, assignment, mortgage, devise, bequest, or inheritance shall have the rights and duties of the person from whom the time-share was transferred.

(d) The provisions of this section apply even if, under the terms of a time-share deed or time-share instrument, the time-share owners have or will become owners as tenants in common of a time-share unit or project.

(e) An association may not take an action provided for in subsection (a) of this section unless the notice of the meeting sent to the time-share owners expressly states that the action may be considered at the meeting.
Md. Code, Education § 11-302 — MD Code / Article ged / Title 11 / Subtitle 3 / Section 11-302
§11–302.
Status: in_force

(a) (1) The president of each public institution of higher education is responsible for developing a mission statement.

(2) The president shall submit the mission statement to the institution’s governing board.

(3) Upon the direction of the governing board, the president shall update the mission statement every 4 years in the year immediately following the quadrennial review of the State Plan for Higher Education as set forth in § 11–105 of this title.

(b) (1) The governing board:

(i) Shall review the mission statement and may require the president to prepare a revised mission statement;

(ii) May adopt the mission statement as submitted or with amendments; and

(iii) Shall submit the statement to the Commission.

(2) (i) In the case of constituent institutions of the University System of Maryland, the Chancellor of the University System of Maryland shall review the statement prior to its consideration by the Board of Regents and make recommendations.

(ii) Before adopting the mission statements, the Board of Regents shall review the statements individually and on a systemwide basis to assure that:

1. They are consistent with the Charter and the systemwide plan; and

2. They will promote the efficient and effective use of the institution’s and System’s resources.

(iii) The Board shall consolidate the statements into an adopted systemwide statement.

(c) (1) Each regional higher education center shall:

(i) Develop a mission statement;

(ii) Submit the mission statement to the governing body of the center; and

(iii) Upon direction of the governing body, update the mission statement every 4 years in the year immediately following the quadrennial review of the State Plan for Higher Education as set forth in § 11–105 of this title.

(2) The governing body of each regional higher education center:

(i) Shall review the mission statement and may require the preparation of a revised mission statement;

(ii) May adopt the mission statement as submitted or with amendment; and

(iii) Shall submit the statement to the Commission.

(d) (1) The Commission shall:

(i) Develop detailed criteria for the robust review of mission statements of public institutions of higher education, including ensuring the mission of each institution is reflective of the institution’s statutory distinction and clearly defined and distinct from other public institutions; and

(ii) Review the mission statement to determine whether the mission statement is consistent with the State Plan for Higher Education.

(2) The mission statement shall be deemed approved within 90 days of receipt unless the Commission:

(i) Finds the statement is not consistent with the State Plan for Higher Education; or

(ii) Rejects the statement after conducting a review in accordance with paragraph (1) of this subsection.

(3) (i) After approving or rejecting a mission statement of a public institution of higher education, the Commission, in accordance with § 2–1257 of the State Government Article, shall submit to the Senate Budget and Taxation Committee, the Senate Committee on Education, Energy, and the Environment, and the House Appropriations Committee a report that includes an analysis explaining:

1. The role of the public institution of higher education within the system of higher education in the State to ensure the mission statement is clearly defined and distinct from other public institutions of higher education; and

2. Why the mission statement was approved or rejected.

(ii) The Commission is encouraged to use the report required under subparagraph (i) of this paragraph to ensure that the State is supporting each public institution of higher education in meeting the needs described in the mission statements.

(4) (i) If the Commission finds that the mission statement is not consistent with the State Plan for Higher Education or rejects the statement under paragraph (2) of this subsection, the Commission shall return the statement together with its objections that include the specific areas of inconsistency with the State Plan for Higher Education to the governing board.

(ii) The governing board and the institution president shall negotiate with the Commission and amend the statement or prepare a new statement.
Md. Code, Insurance § 11-701 — MD Code / Article gin / Title 11 / Subtitle 7 / Section 11-701
§11–701.
Status: in_force

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

(b) “Carrier” means an insurer, a nonprofit health service plan, or a preferred provider organization that offers, issues, or delivers a policy, contract, or certificate of long–term care insurance in the State.

(c) “Certificate” has the meaning stated in § 18–101 of this article.

(d) “Long–term care insurance” has the meaning stated in § 18–101 of this article.
Md. Code, Financial Institutions § 11-616 — MD Code / Article gfi / Title 11 / Subtitle 6 / Section 11-616
§11–616.
Status: in_force

(a) Before the Commissioner takes any action under § 11-614 or § 11-615 of this subtitle, the Commissioner shall give the licensee an opportunity for a hearing.

(b) Notice of the hearing shall be given and the hearing shall be held in accordance with the Administrative Procedure Act.

(c) The hearing notice to the licensee shall be sent by certified mail, return receipt requested, to the principal place of business of the licensee at least 30 days before the hearing.
Md. Code, Business Regulation § 11-214 — MD Code / Article gbr / Title 11 / Subtitle 2 / Section 11-214
§11–214.
Status: in_force

The Commission exercises its powers and performs its duties subject to the authority of the Secretary.
Md. Code, Education § 11-206.1 — MD Code / Article ged / Title 11 / Subtitle 2 / Section 11-206.1
§11–206.
Status: in_force

§11–206.1.

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

(2) “Private nonprofit institution of higher education” has the meaning stated in § 10–101(k) of this article.

(3) “Public institution of higher education” means:

(i) A public senior higher education institution; and

(ii) A community college.

(b) (1) A president of a public institution of higher education may propose to establish a new program or abolish an existing program if the action:

(i) Is consistent with the institution’s adopted mission statement under Subtitle 3 of this title; and

(ii) Can be implemented within the existing program resources of the institution.

(2) A president of a private nonprofit institution of higher education may propose to establish a new program if the action:

(i) Is consistent with the mission statement published in the official catalog of the private nonprofit institution; and

(ii) Can be implemented within the existing resources of the institution.

(3) The president of a public institution of higher education shall report any programs that are proposed to be established or abolished in accordance with paragraph (1) of this subsection to:

(i) The institution’s governing board; and

(ii) The Maryland Higher Education Commission.

(4) The president of a private nonprofit institution of higher education shall report any programs that are proposed to be established in accordance with paragraph (2) of this subsection to the Commission.

(5) Upon receipt of a proposed new program, the Commission shall notify all other institutions of higher education in the State.

(c) The governing board of a public institution of higher education shall:

(1) Review the actions taken under subsection (b) of this section;

(2) Ensure that any new program proposed to be established by a president:

(i) Is consistent with the institution’s approved mission statement under Subtitle 3 of this title;

(ii) Meets a regional or statewide need consistent with the State Plan for Higher Education;

(iii) Meets criteria for the quality of new programs, developed in consultation with the Commission; and

(iv) Can be implemented within the existing program resources of the institution, verified by a process established in consultation with the Commission.

(d) The Board of Regents of the University System of Maryland shall approve the proposed new program within 60 days if the program meets the criteria in subsection (c)(2) of this section, subject to the provisions of subsections (e) and (f) of this section.

(e) (1) Within 30 days of receipt of a notice of an institution’s intent to submit a new program to the Commission in accordance with subsection (b) of this section, the Commission may file, or the institutions of higher education in the State may file with the Commission, an objection to implementation of a proposed graduate program provided the objection is based on:

(i) Inconsistency of the proposed program with the institution’s approved mission for a public institution of higher education and the mission statement published in the official catalog of a private nonprofit institution of higher education;

(ii) Not meeting a regional or statewide need consistent with the State Plan for Higher Education;

(iii) Unreasonable program duplication which would cause harm to the State or students attending institutions of higher education in the State; or

(iv) Unnecessary program duplication in violation of the State’s equal educational opportunity obligations under State and federal law.

(2) Subject to paragraph (3) of this subsection, the Commission shall adopt regulations on procedures for conducting an analysis of the objections described in paragraph (1) of this subsection that:

(i) Clearly identify all of the specific criteria and factors used by the Commission; and

(ii) For an objection under paragraph (1)(iii) of this subsection, use a set of baseline data and common sources and that prioritize:

1. Meeting State and regional workforce needs;

2. Preserving existing programs that are able to meet State and regional workforce needs; and

3. Collaboration between institutions of higher education.

(3) The Commission, in consultation with the Attorney General, shall adopt regulations for standards for conducting an analysis of an objection under paragraph (1)(iv) of this subsection.

(f) (1) If an objection is filed under subsection (e) of this section by the Commission or an institution within 30 days of receipt of a notice of an institution’s intent to establish a new program, the Commission shall immediately notify the institution’s governing board and president.

(2) The Commission shall determine if an institution’s objection is justified based on the criteria in subsection (e) of this section.

(3) An objection shall be accompanied by detailed information supporting the reasons for the objection.

(4) If the Commission determines that an objection is justified, the Commission shall negotiate with the institution’s governing board and president to modify the proposed program in order to resolve the objection.

(5) If the objection cannot be resolved within 30 days of receipt of an objection, the Commission shall make a final determination on approval of the new program for a public institution of higher education or a final recommendation on implementation for a private nonprofit institution of higher education.

(g) A hearing for review of the Secretary’s determination of an institution’s objection under subsection (f) of this section shall:

(1) Be conducted in open session, including discussions and any formal action taken by the Commission;

(2) Allow each party, including the Secretary, the proposing institution, and the objecting institution, to have not less than 10 minutes to present their positions regarding the determination, without interruption; and

(3) Require the approval of a majority of the members then serving on the Commission.

(h) (1) On or before January 1, 2025, the Commission shall develop and publish on its website an administrative procedures guide for the Commission’s program review process developed under this section.

(2) The Commission shall update the administrative procedures guide at least once each year.

(i) (1) The Commission shall:

(i) Identify programs established under subsection (b) of this section that are inconsistent with the State Plan for Higher Education; and

(ii) Identify low productivity programs at public institutions of higher education.

(2) If the Commission identifies any programs that meet the criteria set forth in paragraph (1) of this subsection, the Commission shall notify the president of the institution.

(3) If the Commission notifies a president of an institution under paragraph (2) of this subsection, within 60 days the president of the institution shall provide to the Commission in writing:

(i) An action plan to abolish or modify the program; or

(ii) Justification for the continuation of the program.

(j) The Commission and the governing boards of the public institutions of higher education shall jointly develop a definition and accepted criteria for determining low productivity programs.

(k) The Commission shall:

(1) Monitor the program development and review process established under this section;

(2) Report annually to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the nature and extent of any duplication or proliferation of programs; and

(3) Make available a copy of the report under item (2) of this subsection to the public institutions of higher education and the private nonprofit institutions of higher education.
Md. Code, Criminal Procedure § 11-1006 — MD Code / Article gcp / Title 11 / Subtitle 10 / Section 11-1006
§11–1006.
Status: in_force

(a) The General Assembly finds that survivors of homicide victims in the State:

(1) lack necessary counseling and follow–up services to:

(i) treat the survivors with dignity, respect, and sensitivity; and

(ii) inform the survivors of the rights to which they are entitled by law; and

(2) have the help of only extremely limited support services in some parts of the State.

(b) The purpose of this section is to facilitate programs that address the special needs of survivors of homicide victims.

(c) (1) The Governor’s Office of Crime Prevention and Policy shall help establish and expand programs for survivors of homicide victims in the State.

(2) The programs shall:

(i) serve survivors of homicide victims in all parts of the State;

(ii) provide or facilitate referrals to appropriate counseling, legal, mental health, and advocacy services for survivors of homicide victims including specialized support services to adult and minor survivors of homicide victims; and

(iii) provide a toll–free telephone number and assistance to exercise the rights to which the survivors are entitled by law.

(d) The Governor’s Office of Crime Prevention and Policy shall award grants to public or private nonprofit organizations to operate the programs for survivors of homicide victims.

(e) The Governor’s Office of Crime Prevention and Policy regularly shall consult, collaborate with, and consider the recommendations of service providers to survivors of homicide victims regarding programs, policies, practices, and procedures that impact survivors of homicide victims.

(f) Money for the programs for survivors of homicide victims shall be as provided in the annual State budget and shall be used to supplement, but not supplant, money that the programs receive from other sources.

(g) On or before October 1 each year, the Executive Director of the Governor’s Office of Crime Prevention and Policy shall include a report on the programs for survivors of homicide victims in the annual report submitted by the Governor’s Office of Crime Prevention and Policy to the General Assembly, in accordance with § 2–1257 of the State Government Article.
Md. Code, Education § 11-407 — MD Code / Article ged / Title 11 / Subtitle 4 / Section 11-407
§11–407.
Status: in_force

(a) The Commission may require reasonable annual reports and data from a for–profit institution of higher education as the Commission generally requires of other institutions of higher education.

(b) The Commission may not require a for–profit institution of higher education to report to the Commission on matters that concern information, data, or documents, however styled, that are proprietary to the institution or that constitute a trade secret.
Md. Code, Transportation § 11-163 — MD Code / Article gtr / Title 11 / Subtitle 1 / Section 11-163
§11–163.
Status: in_force

“Street” means a highway, as defined in this subtitle.