Md. Code, Transportation § 21-902 — MD Code / Article gtr / Title 21 / Subtitle 9 / Section 21-902
§21–902.
Status: in_force

(a) (1) (i) A person may not drive or attempt to drive any vehicle while under the influence of alcohol.

(ii) A person may not drive or attempt to drive any vehicle while the person is under the influence of alcohol per se.

(iii) A person convicted of a violation of this paragraph is subject to:

1. For a first offense, imprisonment not exceeding 1 year or a fine not exceeding $1,200 or both; and

2. For a second offense, imprisonment not exceeding 2 years or a fine not exceeding $2,400 or both.

(iv) For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under subsection (b), (c), or (d) of this section or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a violation of this paragraph, shall be considered a prior conviction.

(2) (i) A person may not violate paragraph (1) of this subsection while transporting a minor.

(ii) A person convicted of a violation of this paragraph is subject to:

1. For a first offense, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both; and

2. For a second offense, imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both.

(iii) For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this paragraph or subsection (b)(2), (c)(2), or (d)(2) of this section shall be considered a prior conviction.

(b) (1) (i) A person may not drive or attempt to drive any vehicle while impaired by alcohol.

(ii) A person convicted of a violation of this paragraph is subject to:

1. For a first offense, imprisonment not exceeding 2 months or a fine not exceeding $500 or both; and

2. For a second offense, imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

(iii) For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this subsection or subsection (a), (c), or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior conviction.

(2) (i) A person may not violate paragraph (1) of this subsection while transporting a minor.

(ii) A person convicted of a violation of this paragraph is subject to:

1. For a first offense, imprisonment not exceeding 1 year or a fine not exceeding $1,200 or both; and

2. For a second offense, imprisonment not exceeding 2 years or a fine not exceeding $2,400 or both.

(iii) For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), (c)(2), or (d)(2) of this section shall be considered a prior conviction.

(c) (1) (i) A person may not drive or attempt to drive any vehicle while so far impaired by any drug, any combination of drugs, or a combination of one or more drugs and alcohol that the person cannot drive a vehicle safely.

(ii) A person convicted of a violation of this paragraph is subject to:

1. For a first offense, imprisonment not exceeding 2 months or a fine not exceeding $500 or both; and

2. For a second offense, imprisonment not exceeding 1 year or a fine not exceeding $500 or both.

(iii) For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this subsection or subsection (a), (b), or (d) of this section or § 8–738 of the Natural Resources Article shall be considered a prior conviction.

(iv) It is not a defense to any charge of violating this subsection that the person charged is or was entitled under the laws of this State to use the drug, combination of drugs, or combination of one or more drugs and alcohol, unless the person was unaware that the drug or combination would make the person incapable of safely driving a vehicle.

(2) (i) A person may not violate paragraph (1) of this subsection while transporting a minor.

(ii) A person convicted of a violation of this paragraph is subject to:

1. For a first offense, imprisonment not exceeding 1 year or a fine not exceeding $1,200 or both; and

2. For a second offense, imprisonment not exceeding 2 years or a fine not exceeding $2,400 or both.

(iii) For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), (b)(2), or (d)(2) of this section shall be considered a prior conviction.

(d) (1) (i) A person may not drive or attempt to drive any vehicle while the person is impaired by any controlled dangerous substance, as that term is defined in § 5–101 of the Criminal Law Article, if the person is not entitled to use the controlled dangerous substance under the laws of this State.

(ii) A person convicted of a violation of this paragraph is subject to:

1. For a first offense, imprisonment not exceeding 1 year or a fine not exceeding $1,200 or both; and

2. For a second offense, imprisonment not exceeding 2 years or a fine not exceeding $2,400 or both.

(iii) For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under subsection (a), (b), or (c) of this section or § 8–738 of the Natural Resources Article, within 5 years before the conviction for a violation of this paragraph, shall be considered a prior conviction.

(2) (i) A person may not violate paragraph (1) of this subsection while transporting a minor.

(ii) A person convicted of a violation of this paragraph is subject to:

1. For a first offense, imprisonment not exceeding 2 years or a fine not exceeding $2,000 or both; and

2. For a second offense, imprisonment not exceeding 3 years or a fine not exceeding $3,000 or both.

(iii) For the purpose of determining subsequent offender penalties for a violation of this paragraph, a prior conviction under this paragraph or subsection (a)(2), (b)(2), or (c)(2) of this section shall be considered a prior conviction.

(e) For purposes of the application of subsequent offender penalties under this section, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State, would constitute a violation of subsection (a)(1) or (2), (b)(1) or (2), (c)(1) or (2), or (d)(1) or (2) of this section or § 8–738 of the Natural Resources Article shall be considered a violation of subsection (a)(1) or (2), (b)(1) or (2), (c)(1) or (2), or (d)(1) or (2) of this section or § 8–738 of the Natural Resources Article.

(f) (1) In this subsection, “imprisonment” includes confinement in:

(i) An inpatient rehabilitation or treatment center; or

(ii) Home detention that includes electronic monitoring for the purpose of participating in an alcohol treatment program that is:

1. Certified by the Maryland Department of Health;

2. Certified by an agency in an adjacent state that has powers and duties similar to the Maryland Department of Health; or

3. Approved by the court.

(2) (i) A person who is convicted of a violation of subsection (a) of this section within 5 years after a prior conviction under that subsection is subject to a mandatory minimum penalty of imprisonment for not less than 5 days.

(ii) A person who is convicted of a third or subsequent offense under subsection (a) of this section within 5 years after a prior conviction under that subsection is subject to a mandatory minimum penalty of imprisonment for not less than 10 days.

(3) (i) A person who is convicted of a violation of subsection (d) of this section within 5 years after a prior conviction under that subsection is subject to a mandatory minimum penalty of imprisonment for not less than 5 days.

(ii) A person who is convicted of a third or subsequent offense under subsection (d) of this section within 5 years after a prior conviction under that subsection is subject to a mandatory minimum penalty of imprisonment for not less than 10 days.

(4) A person who is convicted of an offense under subsection (a) of this section within 5 years after a prior conviction under that subsection shall be required by the court to:

(i) Undergo a comprehensive alcohol abuse assessment; and

(ii) If recommended at the conclusion of the assessment, participate in an alcohol program as ordered by the court that is:

1. Certified by the Maryland Department of Health;

2. Certified by an agency in an adjacent state that has powers and duties similar to the Maryland Department of Health; or

3. Approved by the court.

(5) A person who is convicted of an offense under subsection (d) of this section within 5 years after a prior conviction under that subsection shall be required by the court to:

(i) Undergo a comprehensive drug abuse assessment; and

(ii) If recommended at the conclusion of the assessment, participate in a drug program as ordered by the court that is:

1. Certified by the Maryland Department of Health;

2. Certified by an agency in an adjacent state that has powers and duties similar to the Maryland Department of Health; or

3. Approved by the court.

(6) The penalties provided under this subsection are mandatory and are not subject to suspension or probation.

(g) (1) In this subsection, “test” has the meaning stated in § 16–205.1 of this article.

(2) The penalties under this subsection are in addition to any other penalty imposed for a violation of this section.

(3) Subject to paragraph (4) of this subsection, if a person is convicted of a violation of this section and the trier of fact finds beyond a reasonable doubt that the person knowingly refused to take a test arising out of the same circumstances as the violation, the person is subject to imprisonment not exceeding 2 months or a fine not exceeding $500 or both.

(4) A court may not impose an additional penalty under this subsection unless the State’s Attorney serves notice of the alleged test refusal on the defendant or the defendant’s counsel before the earlier of:

(i) Acceptance of a plea of guilty or nolo contendere; or

(ii) At least 15 days before trial in a circuit court or 5 days before trial in the District Court.

(h) (1) A person may not violate subsection (a), (b), (c), or (d) of this section if the person previously has been convicted of two violations of any provision of subsection (a), (b), (c), or (d) of this section or § 8–738 of the Natural Resources Article.

(2) For purposes of this subsection, a conviction for a crime under the laws of the United States that would be a crime included in paragraph (1) of this subsection if committed in this State shall be considered a prior conviction under this subsection.

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

(i) (1) A person may not violate subsection (a), (b), (c), or (d) of this section if the person previously has been convicted of:

(i) Three or more violations of any provision of subsection (a), (b), (c), or (d) of this section or § 8–738 of the Natural Resources Article; or

(ii) A violation of § 2–209, § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of the Criminal Law Article.

(2) For purposes of this subsection, a conviction for a crime under the laws of the United States that would be a crime included in paragraph (1) of this subsection if committed in this State shall be considered a prior conviction under this subsection.

(3) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.
Md. Code, Local Government § 21-613 — MD Code / Article glg / Title 21 / Subtitle 6 / Section 21-613
§21–613.
Status: in_force

Bonds issued under this part:

(1) are general obligation bonds of the issuing authority that are fully registered as to both principal and interest when approved by ordinance or other legislative act of the county or city;

(2) shall bear interest payable at any time and at any annual rate as provided or authorized by legislative act;

(3) may not mature later than 40 years from the date of their issue;

(4) may be made redeemable before maturity at the option of the issuing authority, at any price and under any terms and conditions that are set before their issuance;

(5) shall have any other terms and provisions and be otherwise issued as provided or authorized by legislative act; and

(6) shall be sold in any manner, either at a public or private negotiated sale, and on any terms, at, above, or below par, as provided or authorized by legislative act.
Md. Code, Public Utilities § 21-202 — MD Code / Article gpu / Title 21 / Subtitle 2 / Section 21-202
§21–202.
Status: in_force

The purpose of this subtitle is to provide that in emergencies the Commission, in its discretion, may condemn land or interest in land under the optional procedure provided by this subtitle before or after construction of a water supply, sanitary sewer, or stormwater management system, or part of a system, has begun.
Md. Code, Transportation § 21-101 — MD Code / Article gtr / Title 21 / Subtitle 1 / Section 21-101
§21–101.
Status: in_force

(a) In this title and Title 25 of this article the following words have the meanings indicated.

(b) “Alley” means a street that:

(1) Is intended to provide access to the rear or side of a lot or building in an urban district; and

(2) Is not intended for through vehicular traffic.

(c) “Bicycle path” means any travelway designed and designated by signing or signing and marking for bicycle use, located within its own right–of–way or in a shared right–of–way, and physically separated from motor vehicle traffic by berm, shoulder, curb, or other similar device.

(d) (1) “Bicycle way” means:

(i) Any trail, path, part of a highway, surfaced or smooth shoulder, or sidewalk; or

(ii) Any other travelway specifically signed, marked, or otherwise designated for bicycle travel.

(2) “Bicycle way” includes:

(i) Bicycle path; and

(ii) Bike lane.

(e) “Bike lane” means any portion of a roadway or shoulder designated for single directional bicycle flow.

(f) “Business district” means an area that adjoins and includes a highway where at least 50 percent of the frontage along the highway, for a distance of at least 300 feet, is occupied by buildings used for business.

(g) “Controlled access highway” means a highway or roadway to or from which persons, including the owners or occupants of abutting lands, have no right of access except at the points and in the manner determined by the public authority with jurisdiction over the highway or roadway.

(h) “Crossover” means a transverse roadway or opening that connects the separate roadways of a divided highway at a point other than an intersection of the divided highway with another highway.

(i) “Crosswalk” means that part of a roadway that is:

(1) Within the prolongation or connection of the lateral lines of sidewalks at any place where 2 or more roadways of any type meet or join, measured from the curbs or, in the absence of curbs, from the edges of the roadway;

(2) Within the prolongation or connection of the lateral lines of a bicycle way where a bicycle way and a roadway of any type meet or join, measured from the curbs or, in the absence of curbs, from the edges of the roadway; or

(3) Distinctly indicated for pedestrian crossing by lines or other markings.

(i–1) (1) “Dedicated bus lane” means a lane designated for use by mass transit vehicles owned, operated, or contracted for by the Maryland Transit Administration, the Washington Metropolitan Area Transit Authority, or a local department of transportation.

(2) “Dedicated bus lane” includes transit bus stops located proximate to lanes designated for use by mass transit vehicles.

(j) “Electric personal assistive mobility device” or “EPAMD” means a pedestrian device that:

(1) Has two nontandem wheels;

(2) Is self–balancing;

(3) Is powered by an electric propulsion system;

(4) Has a maximum speed capability of 15 miles per hour; and

(5) Is designed to transport one person.

(k) “Expressway” means a major highway of 2 or more traffic lanes in each direction that is designed to eliminate principal traffic hazards and has the following characteristics:

(1) A median divider separating opposing traffic lanes to eliminate head–on collisions and sideswiping;

(2) Grade separation structures to eliminate the conflict of cross streams of traffic at each intersection;

(3) Points of entrance and exit limited to predetermined locations;

(4) Vertical curves long enough to provide long sight distances; and

(5) Shoulders wide enough to permit vehicles to stop or park out of traffic lanes.

(l) (1) “Intersection” means:

(i) The area within the prolongation or connection of the lateral curb lines or, in the absence of curbs, the lateral boundary lines of the roadways of two highways that join at or approximately at right angles; or

(ii) The area within which vehicles traveling on different highways joining at any other angle may come in conflict.

(2) If a divided highway includes two roadways that are 30 feet or more apart, every crossing of each roadway of the divided highway by an intersecting highway is a separate intersection. If the intersecting highway also includes two roadways that are 30 feet or more apart, every crossing of two roadways of these highways is a separate intersection.

(l–1) “Interstate highway” means a State highway that is part of the national interstate system in the State, as designated by the Administration and approved by the United States Secretary of Transportation under Title 23 of the United States Code.

(m) “Play vehicle” means a vehicle that:

(1) Has two or more wheels;

(2) Is propelled only by human power;

(3) Is not a bicycle, as defined in Title 11 of this article; and

(4) Is not a wheelchair.

(n) “Private road or driveway” means any way or place that:

(1) Is privately owned; and

(2) Is used for vehicular travel by its owner and by those having express or implied permission from the owner, but not by other persons.

(o) “Public bicycle area” means any highway, bicycle path, or other facility or area maintained by this State, a political subdivision of this State, or any of their agencies for the use of bicycles.

(p) “Railroad” means a carrier of people or property on cars that are operated on stationary rails.

(q) “Railroad sign” or “railroad signal” means any sign, signal, or device placed by authority of a public body or official or by a railroad to warn of the presence of railroad tracks or the approach of a railroad train.

(r) “Railroad train” means any locomotive or any other car, rolling stock, equipment, or other device that, alone or coupled to others, is operated on stationary rails.

(s) “Residential district” means an area that:

(1) Is not a business district; and

(2) Adjoins and includes a highway where the property along the highway, for a distance of at least 300 feet, is improved mainly with residences or residences and buildings used for business.

(t) “Right–of–way” means the right of one vehicle or pedestrian to proceed in a lawful manner on a highway in preference to another vehicle or pedestrian.

(u) “Safety zone” means an area in a roadway that:

(1) Is officially set apart for the exclusive use of pedestrians; and

(2) Is protected or is so marked or indicated by adequate signs as to be plainly visible at all times while set apart as a safety zone.

(v) “Shoulder” means that portion of a highway contiguous with the roadway for the accommodation of stopped vehicles, for emergency use, for use by bicycles and motor scooters, and for the lateral support of the base and surface courses of the roadway.

(w) “Sidewalk” means that part of a highway:

(1) That is intended for use by pedestrians; and

(2) That is between:

(i) The lateral curb lines or, in the absence of curbs, the lateral boundary lines of a roadway; and

(ii) The adjacent property lines.

(x) “Through highway” means a highway or part of a highway:

(1) On which vehicular traffic is given the right–of–way; and

(2) At the entrances to which vehicular traffic from intersecting highways is required by law to yield the right–of–way to vehicles on that highway or part of a highway, in obedience to either a stop sign or yield sign placed as provided in the Maryland Vehicle Law.

(y) “Urban district” means an area that:

(1) Adjoins and includes any street; and

(2) Is built up with structures that are:

(i) Devoted to business, industry, or dwelling houses; and

(ii) Situated at intervals of less than 100 feet, for a distance of at least a quarter of a mile.

(z) “Wheelchair” means a mobility aid belonging to any class of three– or four–wheeled devices that:

(1) Is usable indoors;

(2) Does not exceed 30 inches in width and 48 inches in length, when measured 2 inches above the ground; and

(3) Is designed for and used by a mobility impaired individual, whether operated manually or powered.
Md. Code, Health - General § 21-801 — MD Code / Article ghg / Title 21 / Subtitle 8 / Section 21-801
§21–801.
Status: in_force

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

(b) “Frozen dessert” means:

(1) Ice cream and frozen custard;

(2) Ice milk;

(3) Mellorine;

(4) Sherbet;

(5) Water ice;

(6) Goat milk ice cream and goat milk frozen custard;

(7) Goat milk ice milk;

(8) Quiescently frozen confection;

(9) Quiescently frozen dairy confection; or

(10) (i) Any frozen food product that is similar in appearance, odor, or taste to any of the products listed in this subsection;

(ii) Any frozen food product that is prepared or frozen in the same way as any of the products listed in this subsection; or

(iii) The mix that is used in any of the products listed in this subsection.

(c) “License” means a license issued by the Secretary to manufacture in this State a frozen dessert or a mix for a frozen dessert.
Md. Code, Local Government § 21-702 — MD Code / Article glg / Title 21 / Subtitle 7 / Section 21-702
§21–702.
Status: in_force

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

(2) “Bond” means a special obligation bond, note, or other similar instrument issued by a county under this section.

(3) “Cost” means any expense necessary or incident to acquiring, building, or financing any transportation improvement as may be provided by the local law authorized under subsection (b) of this section.

(4) (i) “Special tax” means an ad valorem or a special tax, an assessment, a fee, or a charge imposed by a county in a special taxing district.

(ii) “Special tax” does not include an ad valorem or a special tax, an assessment, a fee, or a charge imposed under Chapter 20A of the Montgomery County Code.

(5) (i) “Special taxing district” means a special taxing district, special assessment district, or similar defined geographical area in a county in which the county is authorized to impose a special tax.

(ii) “Special taxing district” does not include a development district created under Chapter 20A of the Montgomery County Code.

(6) “Transportation improvement” means a State transportation improvement or a county transportation improvement as defined in § 21–701 of this subtitle.

(b) Notwithstanding any other public general law, public local law, or charter of a charter county, a county may enact a law to provide for the issuance of bonds to finance the cost of transportation improvements for which the principal, interest, and any premium shall be paid from and secured by special taxes collected by the county in a special taxing district.

(c) (1) Bonds issued under this section are special obligations of the county and do not constitute a general obligation debt of the county or a pledge of the county’s full faith and credit or general taxing power.

(2) Bonds issued under this section may be sold in any manner, either at public or private sale, and on terms as the county considers best.

(3) Bonds issued under this section are not subject to §§ 19–205 and 19–206 of this article.

(4) Bonds issued under this section, their transfer, the interest payable on them, and any income derived from them, including any profit realized on their sale or exchange, are exempt from taxation by the State, a county, or a municipality.

(5) Bonds issued under this section shall be treated as securities to the same extent as bonds issued under Subtitle 5 of this title.

(d) In addition to the special taxes, bonds issued under this section may be secured by other revenues generated in the special taxing district.

(e) This section, being necessary for the welfare of the State and its residents, shall be liberally construed to effect its purposes.
Md. Code, Health - General § 21-2C-05 — MD Code / Article ghg / Title 21 / Subtitle 2C / Section 21-2C-05
§21–2C–05.
Status: in_force

(a) (1) A conflict of interest shall be disclosed:

(i) By the Board when hiring Board staff;

(ii) By the appointing authority when appointing members and alternate members to the Board and members to the Stakeholder Council; and

(iii) By the Board, when a member of the Board is recused in any final decision resulting from a review of a prescription drug product.

(2) A conflict of interest shall be disclosed:

(i) In advance of the first open meeting after the conflict is identified; or

(ii) Within 5 days after the conflict is identified.

(b) (1) A conflict of interest disclosed under subsection (a) of this section shall be posted on the website of the Board unless the chair of the Board recuses the member from any final decision resulting from a review of a prescription drug product.

(2) A posting under paragraph (1) of this subsection shall include the type, nature, and magnitude of the interests of the member involved.
Md. Code, Transportation § 21-507 — MD Code / Article gtr / Title 21 / Subtitle 5 / Section 21-507
§21–507.
Status: in_force

(a) Except for the occupant of a disabled vehicle who seeks the aid of another vehicle, a person may not stand in a roadway to solicit a ride, employment, or business from the occupant of any vehicle.

(b) A person may not stand on or near a highway to solicit any other person to watch or guard any vehicle while it is parked or about to be parked on a highway.

(c) In Calvert County, Carroll County, Charles County, Harford County, and Washington County, a person may not stand in a roadway, median divider, or intersection to solicit money or donations of any kind from the occupant of a vehicle.

(d) (1) This subsection applies to Prince George’s County.

(2) (i) A person may not stand in a highway to solicit money or donations of any kind from the occupant of a vehicle.

(ii) An adult may not cause, encourage, allow, or petition a child under the age of 15 years to violate subparagraph (i) of this paragraph.

(iii) In this paragraph, “highway” includes:

1. Rights–of–way, roadway surfaces, roadway subgrades, shoulders, median dividers, drainage facilities and structures, related stormwater management facilities and structures, roadway cuts, roadway fills, guardrails, bridges, highway grade separation structures, railroad grade separations, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, and other structures forming an integral part of a street, road, or highway, including bicycle and walking paths; and

2. Any other property acquired for the construction, operation, or use of the highway.

(3) A child under the age of 15 years may not be found guilty or adjudicated delinquent for a violation of paragraph (2)(i) of this subsection if an adult caused, encouraged, allowed, or petitioned the child in violation of paragraph (2)(ii) of this subsection.

(4) This subsection shall be enforced:

(i) By the issuance of a warning that informs the offender of the requirements of this subsection if it is the offender’s first violation; and

(ii) Under § 27–101 of this article if it is the offender’s second or subsequent violation.

(e) (1) This subsection applies to Anne Arundel County.

(2) (i) A person may not stand in a highway to:

1. Solicit money or donations of any kind from the occupant of a vehicle; or

2. Advertise any message.

(ii) “Highway” includes:

1. Rights–of–way, roadway surfaces, roadway subgrades, shoulders, median dividers, drainage facilities and structures, related stormwater management facilities and structures, roadway cuts, roadway fills, guardrails, bridges, highway grade separation structures, railroad grade separations, tunnels, overpasses, underpasses, interchanges, entrance plazas, approaches, and other structures forming an integral part of a street, road, or highway, including bicycle and walking paths; and

2. Any other property acquired for the construction, operation, or use of the highway.

(f) (1) This subsection applies only to Allegany County and Cecil County.

(2) In this subsection, “qualified organization” means a fire company or bona fide religious, fraternal, civic, war veterans’, or charitable organization.

(3) Except as provided in paragraph (4) of this subsection, a person may not:

(i) Stand in a roadway, median divider, or intersection to solicit money or donations of any kind from the occupant of a vehicle; or

(ii) Cause, encourage, allow, or petition another to stand in a roadway, median divider, or intersection to solicit money or donations of any kind from the occupant of a vehicle.

(4) (i) The governing body of a county or the governing body of a municipal corporation in a county may, by appropriate resolution or ordinance, enact a permit program to allow individuals who are at least 18 years old and representatives of qualified organizations who are at least 18 years old to solicit money or donations from the occupant of a vehicle by standing in a roadway, median divider, or intersection in the county or municipal corporation.

(ii) If the governing body of a county or of a municipal corporation in the county enacts a resolution or ordinance establishing a permit program authorized by this paragraph, the resolution or ordinance shall:

1. Require an applicant for a permit to submit proof that the individual or qualified organization has a plan for safely soliciting money or donations from the proposed location;

2. Provide that a permit is effective for:

A. A period of 1 calendar day in Cecil County; or

B. A period not to exceed 5 calendar days in Allegany County; and

3. Allow an individual or a qualified organization to obtain only one permit in the county or municipal corporation per calendar year.

(g) (1) This subsection applies only in Montgomery County.

(2) (i) A child under the age of 18 years may not stand in a roadway, median divider, or intersection to solicit or collect money or donations of any kind from the occupant of a vehicle.

(ii) This paragraph shall be enforced by the issuance of a warning that informs the offender of the requirements of this paragraph.

(3) (i) The Montgomery County Council may enact a local law to require a person to obtain a permit before the person may stand in a roadway or median divider or on a sidewalk adjacent to a roadway to solicit and collect money or donations of any kind from the occupant of a vehicle.

(ii) If a permit is required under a local law enacted under subparagraph (i) of this paragraph, except in compliance with a permit obtained in accordance with the local law, a person may not:

1. Stand in a roadway, median divider, or intersection, or on a sidewalk adjacent to a roadway, to solicit or collect money or donations of any kind from the occupant of a vehicle; or

2. Cause, encourage, allow, or petition a person to stand in a roadway, median divider, or intersection, or on a sidewalk adjacent to a roadway, to solicit or collect money or donations of any kind from the occupant of a vehicle.

(iii) A local law enacted under this section may not authorize a permit to be issued to a minor for the purpose of standing in a roadway or median divider to solicit or collect money or donations of any kind from the occupant of a vehicle.

(iv) A permit issued under a local law enacted under this section shall apply to the solicitation and collection of money or donations on roadways, median dividers, and sidewalks adjacent to roadways and may not limit the authorization to fewer than all three of those locations.

(h) (1) The County Council of Baltimore County or the governing body of a municipal corporation in Baltimore County, by appropriate resolution or ordinance, may enact a permit program to allow a person to stand in a roadway, median divider, or intersection to solicit money or donations from the occupant of a vehicle.

(2) At least 15 days before the date on which the permit applied for is to be effective, an applicant shall file with the county or municipal corporation an application that contains the following information:

(i) The name, address, and age of each person who will solicit;

(ii) The name and address of the employing or sponsoring person, agency, or entity;

(iii) The exact location where each solicitor will be assigned;

(iv) The purpose of the solicitation;

(v) The time frame and duration of the solicitation;

(vi) The means of travel to and from the place of solicitation; and

(vii) The name, address, and telephone number of a contact person who will be able to provide additional information to the county or municipal corporation or its designee.

(3) The county or municipal corporation shall examine each application and make any further investigation as deemed necessary in order to determine the truth of the statements made on the application.

(4) The county or municipal corporation shall deny the permit if it determines that:

(i) Any statement made on the application is untrue; or

(ii) The location or method of the solicitation or its duration are such that it will be harmful to the health, safety, convenience, or welfare of the general public.

(5) A permit issued under this subsection shall contain:

(i) The name and address of the person making the solicitation;

(ii) The date and time at which the person may solicit; and

(iii) A statement that the permit does not constitute an endorsement by the county or municipal corporation of the solicitation or the person conducting the solicitation.

(6) A permit shall be signed by the appropriate county or municipal officer.

(7) The term of a permit may not exceed 24 hours.

(8) No more than 12 permits may be issued to the same person in a calendar year.

(9) The county or municipal corporation shall send a copy of each permit issued by the county or municipal corporation to the police department of the county or municipal corporation.

(10) A person to whom a permit is issued shall conspicuously display the permit while soliciting.

(i) In Howard County, a person may not stand in a State highway or the highway right–of–way to solicit money or donations of any kind from the occupant of a vehicle.

(j) (1) This subsection applies only in Frederick County.

(2) Except as provided in paragraph (3) of this subsection, a person may not stand in a roadway, a median divider, or an intersection to solicit money or donations from the occupant of a vehicle.

(3) The county or a municipal corporation in the county may by ordinance enact a permit program to allow a person to stand in a roadway, a median divider, or an intersection to solicit money or donations from the occupant of a vehicle if the solicitation occurs completely in the county or municipal corporation.

(4) If the county or a municipal corporation enacts an ordinance establishing a permit program, the ordinance shall require a person seeking a permit to file an application containing the following information:

(i) The date, time, and location of the solicitation;

(ii) The manner and conditions under which the solicitation is to occur; and

(iii) The name, address, and telephone number of a contact person of the employing or sponsoring person, agency, or entity on whose behalf the solicitation is to be made, who will be able to provide additional information to the county, municipal corporation, or the designee of the county or municipal corporation.

(5) The county or municipal corporation:

(i) Within 5 days after the application is filed, shall approve or deny the application; and

(ii) May impose conditions on the solicitation.

(k) A pedestrian may not catch or attempt to catch fish by any means on or under the Maryland Route 18 Kent Island Drawbridge over the Kent Narrows in Queen Anne’s County.
Md. Code, State Government § 21-209 — MD Code / Article gsg / Title 21 / Subtitle 2 / Section 21-209
§21–209.
Status: in_force

On or before December 1 each year, the Department shall report to the Governor and, in accordance with § 2–1257 of this article, the General Assembly regarding:

(1) the number and amount of stipends awarded under the Program;

(2) the businesses, nonprofit organizations, or government agencies with which corps participants are placed;

(3) the institutions, if any, that award academic credit for a corps participant’s service; and

(4) the number and amount of Program completion awards awarded under the Program.
Md. Code, Transportation § 21-707.1 — MD Code / Article gtr / Title 21 / Subtitle 7 / Section 21-707.1
§21–707.
Status: in_force

§21–707.1. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2029 PER CHAPTER 678 OF 2024 AND CHAPTER 571 OF 2025 //

(a) This section applies only in Prince George’s County, the 45th and 46th Legislative Districts in Baltimore City, and the City of Takoma Park.

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

(2) “Agency” means a law enforcement agency that is authorized to issue a citation for a violation of the Maryland Vehicle Law or of local traffic laws or regulations.

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

(ii) “Owner” does not include:

1. A motor vehicle leasing company; or

2. A holder of a special registration plate issued under Title 13, Subtitle 9, Part III of this article.

(4) “Recorded image” means images recorded by a stop sign monitoring system:

(i) On:

1. Two or more photographs;

2. Two or more microphotographs;

3. Two or more electronic images;

4. Videotape; or

5. Any other medium; and

(ii) Showing a motor vehicle and, on at least one image or portion of tape, clearly identifying the registration plate number of the motor vehicle.

(5) “Stop sign monitoring system” means a device designed to capture a recorded image of a violation.

(6) (i) “Violation” means a failure to come to a complete stop at a stop sign in violation of § 21–707 of this subtitle.

(ii) “Violation” does not include any action a driver is instructed to take by a police officer.

(c) (1) Subject to paragraphs (2) through (5) of this subsection, an agency may use stop sign monitoring systems:

(i) On highways located in a school zone maintained by a local jurisdiction, if authorized by the governing body of the local jurisdiction; or

(ii) On State highways located in a school zone, if authorized by the State Highway Administration.

(2) A stop sign monitoring system:

(i) May not be used in a local jurisdiction under this section unless its use is authorized by the governing body of the local jurisdiction by local law enacted after reasonable notice and a public hearing; and

(ii) In Prince George’s County, may only be used at a location approved by the Prince George’s County Council.

(3) Prince George’s County shall prioritize the placement of stop sign monitoring systems within municipalities that have high violation rates.

(4) Before beginning use of stop sign monitoring systems, an agency shall publish notice that the agency has adopted the use of stop sign monitoring systems on its website and, in Baltimore City and Prince George’s County only, in a newspaper of general circulation in the jurisdiction in which the stop sign monitoring system will be used.

(5) (i) A local jurisdiction that implements a stop sign monitoring system shall prominently place signs on highways within the local jurisdiction providing notice that stop sign monitoring systems are used in the local jurisdiction.

(ii) The State Highway Administration shall place signs prominently providing notice that stop sign monitoring systems are in use on State highways.

(d) A recorded image under this section indicating that the driver of a motor vehicle has committed a violation shall include:

(1) The time and date of the violation; and

(2) To the extent possible, the location of the violation.

(e) (1) Unless the driver of the motor vehicle received a citation from a police officer at the time of the violation, the owner or, in accordance with subsection (f)(3) or (h)(4) or (5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a stop sign monitoring system during the commission of a violation.

(2) A civil penalty under this subsection may not exceed $40.

(3) For purposes of this section, the District Court shall prescribe:

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

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

(f) (1) Subject to the provisions of paragraphs (2) through (5) of this subsection, an agency shall mail to the owner liable under subsection (e) of this section a citation that shall include:

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

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

(iii) The violation charged;

(iv) To the extent possible, the location of the violation;

(v) The date and time of the violation;

(vi) A copy of the recorded image;

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

(viii) A signed statement by a technician employed by the agency that, based on the inspection of the recorded image, the motor vehicle was being operated during the commission of a violation;

(ix) A statement that the recorded image is evidence of a violation; and

(x) Information advising the person alleged to be liable under this section:

1. Of the manner and time in which liability as alleged in the citation may be contested in the District Court; and

2. That failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability and may result in refusal or suspension of the motor vehicle registration.

(2) The agency may mail a warning notice in place of a citation to the owner liable under subsection (e) of this section.

(3) (i) Before mailing a citation to a motor vehicle rental company liable under subsection (e) of this section, an agency shall mail a notice to the motor vehicle rental company stating that a citation will be mailed to the motor vehicle rental company unless, within 45 days after receiving the notice, the motor vehicle rental company provides the agency with:

1. A statement made under oath that states the name and last known mailing address of the individual driving or renting the motor vehicle when the violation occurred;

2. A. A statement made under oath that states that the motor vehicle rental company is unable to determine who was driving the vehicle at the time the violation occurred because the motor vehicle was stolen at the time of the violation; and

B. A copy of the police report associated with the motor vehicle theft claimed under item A of this item; or

3. Payment for the penalty associated with the violation.

(ii) An agency may not mail a citation to a motor vehicle rental company liable under subsection (e) of this section if the motor vehicle rental company complies with subparagraph (i) of this paragraph.

(4) Except as provided in paragraph (3) of this subsection and subsection (h)(4) and (5) of this section, a citation issued under this section shall be mailed not later than 2 weeks after the alleged violation.

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

(i) Pay the civil penalty in accordance with instructions on the citation; or

(ii) Elect to stand trial for the alleged violation.

(g) (1) A certificate alleging that a violation occurred, sworn to or affirmed by a duly authorized law enforcement officer employed by or under contract with an agency, based on the inspection of a recorded image, shall be evidence of the facts contained in the certificate and shall be admissible in any proceeding concerning the alleged violation.

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

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

(i) Subject to paragraph (2) of this subsection, that the motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation;

(ii) Subject to paragraph (3) of this subsection, evidence that the person named in the citation was not operating the vehicle at the time of the violation; and

(iii) Any other issues and evidence that the District Court considers pertinent.

(2) To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner must submit proof that a police report about the stolen motor vehicle or registration plates was filed in a timely manner.

(3) To satisfy the evidentiary burden under paragraph (1)(ii) of this subsection, the person named in the citation shall provide to the District Court evidence to the satisfaction of the District Court of who was operating the vehicle at the time of the violation, including, at a minimum, the operator’s name and current address.

(4) (i) The provisions of this paragraph apply only to a citation that involves a Class E (truck) vehicle with a registered gross weight of 26,001 pounds or more, Class F (tractor) vehicle, Class G (trailer) vehicle operated in combination with a Class F (tractor) vehicle, or Class P (passenger bus) vehicle.

(ii) To satisfy the evidentiary burden under paragraph (1)(ii) of this subsection, the person named in a citation described under subparagraph (i) of this paragraph may provide to the District Court a letter, sworn to or affirmed by the person and mailed by certified mail, return receipt requested, that:

1. States that the person named in the citation was not operating the vehicle at the time of the violation; and

2. Provides the name, address, and driver’s license identification number of the person who was operating the vehicle at the time of the violation.

(5) (i) If the District Court finds that the person named in the citation was not operating the vehicle at the time of the violation or receives evidence under paragraph (4)(ii)2 of this subsection identifying the person driving the vehicle at the time of the violation, the clerk of court shall provide to the agency issuing the citation a copy of any evidence substantiating who was operating the vehicle at the time of the violation.

(ii) On receipt of substantiating evidence from the District Court under subparagraph (i) of this paragraph, the agency may issue a citation as provided in subsection (f) of this section to the person who the evidence indicates was operating the vehicle at the time of the violation.

(iii) A citation issued under subparagraph (ii) of this paragraph shall be mailed not later than 2 weeks after receipt of the evidence from the District Court.

(i) If the civil penalty is not paid and the violation is not contested, the Administration may refuse to register or reregister or may suspend the registration of the motor vehicle.

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

(1) Is not a moving violation for the purpose of assessing points under § 16–402 of this article and may not be recorded by the Administration on the driving record of the owner or driver of the vehicle; and

(2) May not be considered in the provision of motor vehicle insurance coverage.

(k) (1) In consultation with law enforcement agencies, the Chief Judge of the District Court shall adopt procedures for the issuance of citations, trials for violations, and the collection of civil penalties imposed under this section.

(2) The standards and requirements for the use, processing, and disposal of recorded images and associated data established under § 12–113.1 of this article apply to citations issued under this section.

(l) (1) An agency or an agent or a contractor designated by the agency shall administer and process civil citations issued under this section in coordination with the District Court.

(2) If a contractor in any manner operates a stop sign monitoring system or administers or processes citations generated by a stop sign monitoring system on behalf of a local jurisdiction, the contractor’s fee may not be contingent on a per–ticket basis on the number of citations issued or paid.
Md. Code, Alcoholic Beverages and Cannabis § 21-1801 — MD Code / Article gab / Title 21 / Subtitle 18 / Section 21-1801
§21–1801.
Status: in_force

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

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

(2) § 4–403 (“Renewal application”);

(3) § 4–404 (“Filing period for renewal application”);

(4) § 4–405 (“Contents of renewal application”);

(5) § 4–406 (“Protests”);

(6) § 4–407 (“Denial of renewal application”);

(7) § 4–409 (“Multiple licenses”); and

(8) § 4–410 (“Chain store, supermarket, or discount house”).

(b) Section 4–408 (“Issuance of renewed licenses”) of Division I of this article does not apply in the county and is superseded by § 21–1802 of this subtitle.
Md. Code, State Government § 21-206 — MD Code / Article gsg / Title 21 / Subtitle 2 / Section 21-206
§21–206.
Status: reserved

(a) (1) There is a Maryland Service Year Option Pathway in the Program.

(2) The purpose of the Maryland Service Year Option Pathway is to:

(i) equip corps participants with professional development, mentoring, job training, financial literacy skills, and other supports while working in high–impact service placements;

(ii) assist in addressing the State’s greatest challenges by channeling the talents of individuals into impactful public service; and

(iii) strengthen a pipeline of talent into State and local governments to fill present and future staffing needs.

(b) (1) An individual may apply to the Department for a service placement in the MSY Pathway under this section if the individual is:

(i) a Maryland resident; and

(ii) at least 18 years old at the start date of the MSY Pathway.

(2) The Department shall prioritize for participation in the MSY Pathway under this section individuals who are historically underrepresented in:

(i) higher education enrollment or completion; or

(ii) employment by:

1. large–scale and community employers; or

2. participating organizations.

(3) The Department shall prioritize for participation in the MSY Pathway under this section organizations that provide wraparound services to corps participants.

(c) A corps participant who receives a service placement in the MSY Pathway under this section shall:

(1) participate in all training related to the service placement;

(2) perform the duties of the service placement to the satisfaction of the participating organization and the Department;

(3) participate in Program–wide events as determined by the Department;

(4) be paid at least the applicable county or State minimum wage, whichever is greater, for mandatory work hours or mandatory Program activities; and

(5) on completion of the Program, be notified of all available post–Program opportunities, including registered apprenticeships.

(d) The Department shall promote and publicize the availability of the MSY Pathway opportunities to:

(1) historically black colleges and universities, as defined in § 3–207 of the State Finance and Procurement Article;

(2) community colleges;

(3) trade schools;

(4) faith–based institutions;

(5) youth who are disconnected from school or work; and

(6) employers and nonprofit organizations with potential service placements for the MSY Pathway under this section.

(e) (1) There is a Maryland Service Year Option Pathway Fund.

(2) The purpose of the MSY Pathway Fund is to:

(i) provide stipends to corps participants with a service placement in the Program under this section;

(ii) provide Program completion awards to corps participants who have completed the Program;

(iii) cover expenses incurred by the Department, including expenses incurred to study the potential use of the Program as a workforce development tool in the State;

(iv) cover expenses incurred to study how alumni of the Program could be better positioned to meet the current and future needs of employers in the State;

(v) provide funding for the MSY Pathway under this section to match gifts or grants received by the Department for the MSY Pathway Fund; and

(vi) assist in the creation of additional corps programs under § 21–207 of this subtitle.

(3) The Department shall administer the MSY Pathway Fund.

(4) Except as provided in paragraph (10) of this subsection, the MSY Pathway Fund is a continuing, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(5) (i) The State Treasurer shall hold the MSY Pathway Fund separately and shall invest the money in the MSY Pathway Fund in the same manner as other State money may be invested.

(ii) Any investment earnings of the MSY Pathway Fund shall be credited to the Fund.

(6) The Comptroller shall separately account for each source for the MSY Pathway Fund.

(7) The Department:

(i) may accept any gift or grant from any person for the MSY Pathway Fund;

(ii) shall use any gift or grant that it receives for the reasons stated under paragraph (2) of this subsection; and

(iii) shall deposit any gift or grant that it receives for the MSY Pathway Fund with the State Treasurer.

(8) The MSY Pathway Fund consists of:

(i) money appropriated under subsection (f) of this section;

(ii) gifts or grants received by the Department for the MSY Pathway Fund;

(iii) investment earnings of the MSY Pathway Fund; and

(iv) any other money from any other source accepted for the benefit of the MSY Pathway Fund.

(9) The MSY Pathway Fund may be used only for the purposes described in paragraph (2) of this subsection.

(10) (i) Except as provided in subparagraph (ii) of this paragraph, any unspent State appropriation of the MSY Pathway Fund shall revert to the General Fund of the State at the end of the fiscal year.

(ii) For fiscal years 2024 through 2026, any unspent portion of the MSY Pathway Fund may not be transferred or revert to the General Fund of the State but shall remain in the MSY Pathway Fund to be used for the purposes specified in this subtitle.

(11) Beginning with fiscal year 2026, at the end of each fiscal year, the Department shall include in the annual report submitted under § 21–205(g) of this subtitle information on the MSY Pathway Fund that includes:

(i) an accounting of all financial receipts and expenditures to and from the MSY Pathway Fund; and

(ii) the following information:

1. the total number of corps participants disaggregated by demographic categories;

2. the total annual cost of the MSY Pathway disaggregated by the source of the funds;

3. corps participant transition after Program completion into higher education, postsecondary education, full–time employment, registered apprenticeships, and any other post–Program opportunity;

4. the number of corps participants employed by State or local government agencies after completion of the Program; and

5. to the extent practicable, what former corps participants are doing 1 year, 2 years, and 5 years after completing the Program.

(12) The MSY Pathway Fund may be subject to an audit by the Legislative Auditor.

(f) (1) The Governor shall include in the annual budget bill an appropriation to the MSY Pathway Fund of:

(i) $5,000,000 for fiscal year 2024;

(ii) $10,000,000 for fiscal year 2025;

(iii) $13,000,000 for fiscal year 2026; and

(iv) $20,000,000 for fiscal year 2027 and each fiscal year thereafter.

(2) It is the intent of the General Assembly that appropriations made under paragraph (1) of this subsection are in addition to any federal funding received for State service or volunteer programming.

(3) Appropriations made under paragraph (1) of this subsection and other funding received by the Department for the MSY Pathway under this section shall be used to:

(i) provide stipends to corps participants with a service placement in the Program under this section;

(ii) provide Program completion awards to corps participants who have completed the Program;

(iii) cover expenses incurred by the Department, including expenses incurred in marketing and recruitment; and

(iv) cover programmatic expenses to expand service opportunities throughout the State, including expanding the Thomas V. Mike Miller, Jr., Chesapeake Conservation and Climate Corps Program, as provided under §§ 8–1913 through 8–1924 of the Natural Resources Article.
Md. Code, Health Occupations § 21-301 — MD Code / Article gho / Title 21 / Subtitle 3 / Section 21-301
§21–301.
Status: in_force

(a) Except as otherwise provided in this title, an individual shall be licensed by the Board before the individual may practice as an environmental health specialist in this State.

(b) This section does not apply to:

(1) An environmental health specialist–in–training participating in an environmental health specialist–in–training program or an individual participating in an apprenticeship as provided for under § 21–305 of this subtitle;

(2) A student participating in a field experience as part of an educational program; and

(3) A qualified individual in any of the following job classifications:

(i) Industrial hygienists as defined by the American Industrial Hygiene Association;

(ii) Certified industrial hygienists and industrial hygienists in training as defined by the American Board of Industrial Hygiene;

(iii) Health planners or natural resource planners;

(iv) Building and housing inspectors;

(v) Geologists;

(vi) Chemists;

(vii) Meteorologists;

(viii) Laboratory scientists;

(ix) Professional engineers who are licensed in this State under Title 14 of the Business Occupations and Professions Article and whose normal professional activities are among the activities specified in § 21–101(i) of this title;

(x) Public health engineers and water resources engineers employed by the State or a local subdivision;

(xi) Hydrographers and hydrographic engineers;

(xii) Natural resources managers;

(xiii) Natural resources biologists;

(xiv) Program administrators, administration directors, administrators, administrative officers, and administrative specialists;

(xv) Paraprofessional personnel, aides, and technicians whose routine duties include monitoring, sampling, and recording of data;

(xvi) Persons employed by the Department of Natural Resources or related county departments who perform duties and responsibilities under the Natural Resources Article;

(xvii) Persons employed by the Department of the Environment or related county departments who perform duties and responsibilities for:

1. Erosion and sediment control, stormwater management, or oil pollution control under Title 4 of the Environment Article;

2. Motor vehicle pollution control under Title 2 of the Environment Article or Title 23 of the Transportation Article; or

3. Sewage sludge, water pollution control, or drinking water under Title 9 of the Environment Article;

(xviii) Persons employed by the Department of the Environment and classified as either:

1. A regulatory and compliance engineer or architect; or

2. An environmental compliance specialist;

(xix) Persons employed by the Division of Labor and Industry of the Maryland Department of Labor who perform duties and responsibilities under the Maryland Occupational Safety and Health Act;

(xx) Occupational safety and health technologists as defined by the American Board of Industrial Hygiene and the Board of Certified Safety Professionals;

(xxi) Safety professionals as defined by the American Society of Safety Engineers;

(xxii) Certified safety professionals and associate safety professionals as defined by the Board of Certified Safety Professionals;

(xxiii) Persons employed by industrial operations whose environmental services are performed solely for their employer; and

(xxiv) State milk safety inspectors performing duties under the National Conference on Interstate Milk Shipments and employed by the Department.
Md. Code, Transportation § 21-101.1 — MD Code / Article gtr / Title 21 / Subtitle 1 / Section 21-101.1
§21–101.
Status: in_force

§21–101.1. IN EFFECT

(a) The provisions of this title relating to the driving of vehicles refer only to the driving of vehicles on highways, except:

(1) As provided in subsection (b) of this section; and

(2) Where a different or additional place specifically is provided for.

(b) (1) A person may not drive a motor vehicle in violation of any provision of this title on any private property that is used by the public in general, or on any private roadway located within:

(i) A residential subdivision or community in Calvert County; or

(ii) For the period beginning October 1, 2025, and ending July 1, 2028, the Queen Anne Village community in Owings Mills in Baltimore County.

(2) A person may not drive a motor vehicle in violation of any provision of this title on any property that is owned by or under the control of this State or any of its political subdivisions, county boards of education, or community colleges and that is open to vehicular traffic and used by the public in general.

(3) Any person who violates any provision of this subsection is in violation of the law to the same extent and is subject to the same penalty as if the motor vehicle were driven on a highway.

§21–101.1. // EFFECTIVE SEPTEMBER 30, 2028 PER CHAPTERS 421 AND 422 OF 2025 //

(a) The provisions of this title relating to the driving of vehicles refer only to the driving of vehicles on highways, except:

(1) As provided in subsection (b) of this section; and

(2) Where a different or additional place specifically is provided for.

(b) (1) A person may not drive a motor vehicle in violation of any provision of this title on any private property that is used by the public in general, or, in Calvert County, on any private road located within a residential subdivision or community.

(2) A person may not drive a motor vehicle in violation of any provision of this title on any property that is owned by or under the control of this State or any of its political subdivisions, county boards of education, or community colleges and that is open to vehicular traffic and used by the public in general.

(3) Any person who violates any provision of this subsection is in violation of the law to the same extent and is subject to the same penalty as if the motor vehicle were driven on a highway.
Md. Code, Education § 21-205 — MD Code / Article ged / Title 21 / Subtitle 2 / Section 21-205
§21–205.
Status: in_force

(a) In this section, “Grant” means the Career and Technical Education Innovation Grant.

(b) (1) There is a Career and Technical Education Innovation Grant.

(2) The purpose of the Grant is to provide funds to develop and implement a CTE curriculum framework and pathway that is innovative and includes best practices that are used by the best CTE programs around the world.

(3) The Department shall administer the Grant.

(c) (1) (i) A county board or a community college may submit a proposal to the Department to receive a grant for a CTE pathway that is in furtherance of the purpose of the Grant.

(ii) To be eligible for a grant, an application shall identify a partnership with at least one county board, one community college, and one industry partner to develop an innovative CTE pathway that:

1. Is of high quality;

2. Is aligned with the skills needed by employers;

3. Will lead to an industry–recognized license or certificate;

4. Creates internship or apprenticeship opportunities; and

5. Prepares students to successfully compete in a global economy.

(2) An application shall include:

(i) A description of the proposed curriculum framework and pathway that is articulated between secondary and postsecondary education or training;

(ii) A business plan that includes the estimated total cost, including any one–time or capital equipping costs, of implementing the proposed curriculum framework and pathway; and

(iii) Any other information required by the Department.

(3) The Department shall establish processes and procedures for accepting and evaluating applications.

(4) The Department shall make awards in a timely fashion.

(d) (1) For each fiscal year through fiscal year 2024, the Governor shall annually appropriate at least $2,000,000 in the operating budget of the Department for the grant program.

(2) The Department may retain up to 3% of the appropriation required under this subsection to hire staff necessary to administer the grant program.
Md. Code, State Personnel and Pensions § 21-305.5 — MD Code / Article gsp / Title 21 / Subtitle 3 / Section 21-305.5
§21–305.
Status: in_force

§21–305.5.

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

(2) “Complement of the participant funding ratio” is a ratio equal to 100% minus the participant funding ratio, and may not be less than zero.

(3) “Employees’ systems” means the Employees’ Pension System and the Employees’ Retirement System.

(4) “Noncontributory participating governmental unit” means a participating governmental unit that did not elect to provide its employees with the contributory pension benefit or the Alternate Contributory Pension Selection as provided in § 31–116 of this article.

(5) “Noncontributory system funding ratio” means the ratio determined by the actuary as provided under subsection (e) of this section.

(6) “Participant funding ratio” means the ratio determined under subsection (d) of this section.

(7) “Transition amount” means the amount determined by the actuary as provided under subsection (i) of this section.

(b) This section applies only to a participating governmental unit that on or after July 1, 2001, elects to withdraw from participation in the employees’ systems and transfer to a local pension system all employees of the participating governmental unit who consent to the withdrawal.

(c) (1) On and after the date of a participating governmental unit’s withdrawal from the employees’ systems under § 31–302(1) of this article, the participating governmental unit and its employees are not required to make any further contributions to the employees’ systems for those employees who elect to withdraw from the employees’ systems.

(2) As of the effective date of withdrawal, the participating governmental unit shall continue to make any contributions required under § 21–305(b)(1) and (2) of this subtitle on behalf of those employees who do not elect to withdraw from the employees’ systems.

(3) As of the effective date of withdrawal of a participating governmental unit, the Board of Trustees shall transfer to the administrative board of the local pension system the assets that are allocable to the employees of the participating governmental unit who elect to withdraw from the employees’ systems as determined under either subsection (f) or (g) of this section.

(d) (1) This subsection applies to a participating governmental unit that elected to provide its employees with the contributory pension benefit or the Alternate Contributory Pension Selection as provided in § 31–116 of this article.

(2) As of June 30 of each fiscal year, the actuary shall determine the participant funding ratio for the participating governmental units as provided in this subsection.

(3) The participant funding ratio shall be a fraction that has:

(i) as its numerator, the assets to the credit of the participating governmental units in the accumulation fund and the annuity savings fund of the employees’ systems as adjusted under paragraph (4) of this subsection; and

(ii) as its denominator, the actuarial liabilities of the participating governmental units.

(4) The assets to the credit of the participating governmental units as of the valuation date shall be:

(i) increased by the sum of the outstanding balances of:

1. the special accrued liability attributable to each participating governmental unit under § 21–305.3 of this subtitle;

2. the deficit allocated to each participating governmental unit under § 21–305.4(c) of this subtitle; and

3. the withdrawal liability contribution attributable to each participating governmental unit under subsection (h) of this section; and

(ii) decreased by the sum of the outstanding balances of the surplus allocated to each participating governmental unit under § 21–305.4(b) of this subtitle.

(e) (1) This subsection applies to a noncontributory participating governmental unit.

(2) As of June 30 of each fiscal year, the actuary shall determine the noncontributory system funding ratio for the noncontributory participating governmental units as provided in this subsection.

(3) The noncontributory system funding ratio shall be a fraction that has:

(i) as its numerator, the assets to the credit of the participating governmental units in the accumulation fund and the annuity savings fund of the employees’ systems as adjusted under paragraph (4) of this subsection; and

(ii) as its denominator, the actuarial liabilities of the participating governmental units calculated as if all of the participating governmental units are noncontributory participating governmental units.

(4) The assets to the credit of the participating governmental units as of the valuation date shall be:

(i) increased by the sum of the outstanding balances of:

1. the special accrued liability attributable to each participating governmental unit under § 21–305.3 of this subtitle;

2. the deficit allocated to each participating governmental unit under § 21–305.4(c) of this subtitle; and

3. the withdrawal liability contribution attributable to each participating governmental unit under subsection (h) of this section; and

(ii) decreased by the sum of the outstanding balances of the surplus allocated to each participating governmental unit under § 21–305.4(b) of this subtitle.

(f) (1) This subsection applies to a participating governmental unit that elected to provide its employees with the contributory pension benefit or the Alternate Contributory Pension Selection as provided in § 31–116 of this article.

(2) The assets that are allocable to the employees of a participating governmental unit who elect to withdraw from the employees’ systems shall be computed by the actuary as provided in this subsection.

(3) If the participant funding ratio for the fiscal year preceding the effective date of withdrawal of the participating governmental unit is less than 100%, the actuary shall multiply the participant funding ratio for the fiscal year preceding the effective date of withdrawal of the participating governmental unit by the actuarial liability allocable to the employees of the participating governmental unit who elect to withdraw.

(4) If the participant funding ratio for the fiscal year preceding the effective date of withdrawal of the participating governmental unit is 100% or greater and less than 110%, the actuary shall multiply the actuarial liability allocable to the employees of the participating governmental unit who elect to withdraw by 100%.

(5) If the participant funding ratio for the fiscal year preceding the effective date of withdrawal of the participating governmental unit is 110% or greater, the actuary shall multiply the actuarial liability allocable to the employees of the participating governmental unit who elect to withdraw by the difference between the participant funding ratio and 10%.

(6) Any assets computed under paragraph (3), (4), or (5) of this subsection shall be reduced by the sum of:

(i) the outstanding balance of the deficit allocable to the participating governmental unit as of the effective date of withdrawal;

(ii) the outstanding balance of the special accrued liability contribution allocable to the participating governmental unit as of the effective date of withdrawal; and

(iii) any transition amount as determined under subsection (i) of this section.

(g) (1) This subsection applies to a noncontributory participating governmental unit.

(2) The assets that are allocable to the employees of a noncontributory participating governmental unit who elect to withdraw from the employees’ systems shall be computed by the actuary as provided in this subsection.

(3) If the noncontributory system funding ratio for the fiscal year preceding the effective date of withdrawal of the noncontributory participating governmental unit is less than 100%, the actuary shall multiply the noncontributory system funding ratio for the fiscal year preceding the effective date of withdrawal of the noncontributory participating governmental unit by the actuarial liability allocable to the employees of the noncontributory participating governmental unit who elect to withdraw.

(4) If the noncontributory system funding ratio for the fiscal year preceding the effective date of withdrawal of the noncontributory participating governmental unit is 100% or greater and less than 110%, the actuary shall multiply the actuarial liability allocable to the employees of the noncontributory participating governmental unit who elect to withdraw by 100%.

(5) If the noncontributory system funding ratio for the fiscal year preceding the effective date of withdrawal of the noncontributory participating governmental unit is 110% or greater, the actuary shall multiply the actuarial liability allocable to the employees of the noncontributory participating governmental unit who elect to withdraw by the difference between the noncontributory system funding ratio and 10%.

(6) Any assets computed under paragraph (3), (4), or (5) of this subsection shall be reduced by the sum of:

(i) the outstanding balance of the deficit allocable to the noncontributory participating governmental unit as of the effective date of withdrawal;

(ii) the outstanding balance of the special accrued liability contribution allocable to the noncontributory participating governmental unit as of the effective date of withdrawal; and

(iii) any transition amount as determined under subsection (i) of this section.

(h) (1) The withdrawal liability contribution of a participating governmental unit shall be computed by the actuary as provided in this subsection.

(2) The actuary shall:

(i) multiply the complement of the participant funding ratio for the fiscal year preceding the effective date of withdrawal of the participating governmental unit by the actuarial liability allocable to the employees of the participating governmental unit who elect to remain members of the employees’ systems; and

(ii) reduce the amount determined under subparagraph (i) of this paragraph by the outstanding balance of the surplus allocable to the participating governmental unit as of the effective date of withdrawal.

(3) The amount determined under paragraph (2) of this subsection may not be less than zero.

(4) (i) Except as provided in subparagraph (ii) of this paragraph, the annual withdrawal liability contribution of a participating governmental unit shall be the annual payment that is sufficient to liquidate, over not more than 25 years, the withdrawal liability contribution by means of annual payments that increase each year based on the actuarial assumptions adopted by the Board of Trustees on the recommendation of the actuary.

(ii) Subject to the approval of the Board of Trustees and the actuary’s concurrence, a participating governmental unit:

1. may liquidate the withdrawal liability contribution by means of level annual payments or over a term of less than 25 years; or

2. prepay all or a portion of the withdrawal liability contribution.

(i) (1) This section applies only to a participating governmental unit with a deficit as determined under § 21–305.4(c) of this subtitle.

(2) The transition amount of a participating governmental unit shall be computed by the actuary as provided in this subsection.

(3) The actuary shall determine the pre–June 30, 1995 status and the post–June 30, 1995 status of a participating governmental unit using the assumptions that:

(i) the participating governmental unit elects to withdraw from the employees’ systems as of June 30, 1995;

(ii) the employees of the withdrawing participating governmental unit who are members of the Employees’ Retirement System elect to remain in the employees’ systems; and

(iii) the employees of the withdrawing participating governmental unit who are members of the Employees’ Pension System elect to withdraw from the employees’ systems.

(4) The pre–June 30, 1995 status of a participating governmental unit is an amount equal to the difference between:

(i) the assets transferable to a participating governmental unit that are allocable to the employees of the participating governmental unit who elect to withdraw from the employees’ systems as determined by the actuary applying the provisions of former § 21–305(f) of this subtitle as of June 30, 1995; and

(ii) the withdrawal liability of a participating governmental unit that is attributable to the employees of the participating governmental unit who elect to remain members of the employees’ systems as determined by the actuary applying the provisions of former § 21–305(f) of this subtitle as of June 30, 1995.

(5) The post–June 30, 1995 status of a participating governmental unit is an amount equal to the difference between:

(i) the assets transferable to a participating governmental unit that are allocable to the employees who elect to withdraw from the employees’ systems as determined under subsection (d) of this section as of June 30, 1995; and

(ii) the withdrawal liability of a participating governmental unit that is attributable to the employees of the participating governmental unit who elect to remain in the employees’ systems as determined under subsection (f) of this section as of June 30, 1995.

(6) (i) Subject to subparagraph (ii) of this paragraph, the transition amount of a participating governmental unit is the amount determined by the actuary as of June 30, 1995, equal to the difference between:

1. the post–June 30, 1995 status of the participating governmental unit as determined under paragraph (4) of this subsection; and

2. the pre–June 30, 1995 status of the participating governmental unit as determined under paragraph (3) of this subsection.

(ii) The transition amount of a participating governmental unit may not be less than zero.

(7) As of June 30 of each fiscal year, the transition amount of a participating governmental unit shall decrease by writing down the transition amount in equal annual installments over the 25–year term beginning on July 1, 1995.

(8) On the recommendation of the actuary, the Board of Trustees shall adopt regulations that are necessary to carry out this section, and that set forth a schedule reflecting:

(i) any transition amount allocable to a participating governmental unit; and

(ii) the outstanding balance of the transition amount each year.
Md. Code, Health - General § 21-340 — MD Code / Article ghg / Title 21 / Subtitle 3 / Section 21-340
§21–340.
Status: in_force

All crab meat sold in this State, whether processed in a crab meat plant in this State or in a crab meat plant outside this State, shall comply with this subtitle and meet the standards set by the regulations adopted under this subtitle.
Md. Code, Health - General § 21-808 — MD Code / Article ghg / Title 21 / Subtitle 8 / Section 21-808
§21–808.
Status: in_force

(a) An applicant for a license shall:

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

(2) Pay to the Secretary an application fee established by the Secretary under § 2-104 of this article.

(b) The application fee under this section shall be based on:

(1) If the applicant has a manufacturing facility located in this State, the annual production of any frozen dessert or frozen dessert mix in this State; and

(2) If the applicant has a manufacturing facility not located in this State, the annual sales of any frozen dessert or frozen dessert mix in this State.

(c) For each license for which a person applies, the person shall submit a separate application and pay a separate application fee.

(d) The application:

(1) Shall be on the form that the Secretary requires; and

(2) Shall include:

(i) The location of the manufacturing plant at which the frozen dessert or frozen dessert mix is manufactured; and

(ii) Any brand name under which the frozen dessert or frozen dessert mix is to be sold.
Md. Code, Health - General § 21-426 — MD Code / Article ghg / Title 21 / Subtitle 4 / Section 21-426
§21–426.
Status: in_force

(a) In this section, “sell-by period” means the length of time a Grade A milk product may be kept for sale.

(b) (1) After a public hearing, the Secretary shall adopt rules and regulations that establish a method for conspicuously marking, on the Grade A milk product container, the last date on which the product may be sold.

(2) Each Grade A milk product container shall be marked as required by rules and regulations adopted under this subtitle.

(c) The Secretary shall adopt regulations that establish the sell-by period for a Grade A milk product that is cooled to, packaged, and stored at 45 degrees Fahrenheit or less before it is purchased by or delivered to the ultimate consumer.
Md. Code, State Government § 21-204 — MD Code / Article gsg / Title 21 / Subtitle 2 / Section 21-204
§21–204.
Status: in_force

(a) The Department shall administer and manage the Program.

(b) The Department is responsible for expanding service opportunities in the State through the Program with the following goals:

(1) creating a strong annual cohort bond of unity for corps participants from urban, rural, and suburban areas of the State;

(2) ensuring all individuals have equitable access to participate in the Program regardless of gender, race, religion, national origin, sexual orientation, gender identity or expression, disability, geography, native language, or protected veteran status;

(3) helping corps participants develop the critical job skills necessary for creating a more equitable society as they serve their communities across the State, using the lens of environmental, social, racial, and economic justice; and

(4) ensuring each district of the State can communicate its unique community needs and choose the appropriate solutions.

(c) (1) The Department shall act as an intermediary with the AmeriCorps Program to secure federal funding and alleviate the administrative burden on State organizations seeking to participate in AmeriCorps programming.

(2) In working with the AmeriCorps Program under paragraph (1) of this subsection, the Department shall focus on expanding the service opportunities in:

(i) State and local parks;

(ii) public and community health sectors; and

(iii) the clean and renewable energy sector.

(d) The Department shall adopt regulations regarding:

(1) selection criteria for regional operating partners with a global view of the needs of the communities in which the regional operating partner works, who will identify and implement placement priorities for each Program pathway in consultation with local community partners to expand capacity and create new service programs as needed;

(2) eligibility requirements for participating organizations, classified by the Department based on the number of service placements the organization’s grant will support, as:

(i) community employers; or

(ii) large–scale employers;

(3) prioritizing the placement of corps participants with organizations based on the organization’s demonstrated ability to transition participants to full–time employment, postsecondary education, or registered apprenticeships following completion of the service placement;

(4) a centralized process to facilitate efficient screening and placement of corps participants into the appropriate service placement of a Program pathway as well as effective measurement and evaluation of the corps participant’s service experience;

(5) reasonable workplace accommodations for corps participants with disabilities;

(6) stipends for corps participants, including:

(i) monetary payment of at least the applicable county or State minimum wage, whichever is greater;

(ii) health insurance benefits and the potential for wraparound services; and

(iii) requirements for large–scale employers to provide matching funds;

(7) a Program completion award of $6,000 for participants that complete at least 9 months of service that shall be awarded as a cash stipend;

(8) workforce development training and wraparound services provided to corps participants by participating organizations or State agencies;

(9) additional training and support services provided to corps participants after the completion of the corps participant’s service;

(10) ongoing evaluation of opportunities to expand service in the State to address the State’s workforce development needs, including opportunities within State agencies for the creation and expansion of service opportunities within the agencies; and

(11) ongoing evaluation of the Program to ensure access and effectiveness, including:

(i) demographics of corps participants, including race, ethnicity, age, sex, gender, education, and geography;

(ii) whether Program pathways are facilitating entry into public sector workforce positions;

(iii) post–Program trajectories of corps participants; and

(iv) an evaluation of the needs served in the community by the Program.
Md. Code, Land Use § 21-209 — MD Code / Article glu / Title 21 / Subtitle 2 / Section 21-209
§21–209.
Status: in_force

(a) Notwithstanding § 21–208 of this subtitle, when the Commission initiates a master plan or an amendment to a master plan, the Commission shall notify the County Executive of the work schedule of the Commission.

(b) (1) The County Executive shall provide to the Commission, as early as possible, information on matters including transportation, water and sewer, and other public facility and public services and fiscal portions of the plan or amendment.

(2) The County Executive may provide to the Commission other studies and information the County Executive considers pertinent to the preparation of the plan or amendment.
Md. Code, Health - General § 21-2C-13 — MD Code / Article ghg / Title 21 / Subtitle 2C / Section 21-2C-13
§21–2C–13.
Status: in_force

(a) If, under § 21–2C–07 of this subtitle, the Board finds that it is in the best interest of the State to establish a process for setting upper payment limits for prescription drug products that it determines have led or will lead to an affordability challenge, the Board, in conjunction with the Stakeholder Council, shall draft a plan of action for implementing the process in accordance with the requirements of this section.

(b) The criteria for setting upper payment limits shall include consideration of:

(1) The cost of administering the prescription drug product;

(2) The cost of delivering the prescription drug product to consumers;

(3) The effect the upper payment limit will have on providers of 340B drugs;

(4) For an upper payment limit on a drug that is designated as a drug for a rare disease or condition, the impact of the upper payment limit on patients with rare diseases; and

(5) Other relevant administrative costs related to the prescription drug product.

(c) (1) If the Board previously set an upper payment limit for a drug that becomes a current shortage, the Board may reconsider the previously set upper payment limit.

(2) The Board may not:

(i) Apply a new upper payment limit to a drug in a current shortage;

(ii) Enforce an upper payment limit against provider or pharmacy reimbursement requirements for Medicare Part C or Part D plans; or

(iii) Count a pharmacy dispensing fee toward or subject a pharmacy dispensing fee to an upper payment limit.

(d) (1) If a plan of action is drafted under subsection (a) of this section, the Board shall submit the plan of action to the Legislative Policy Committee of the General Assembly, in accordance with § 2–1257 of the State Government Article, for its approval.

(2) The Legislative Policy Committee shall have 45 days to approve the plan of action.

(3) If the Legislative Policy Committee does not approve the plan of action, the Board shall submit the plan to the Governor and the Attorney General for approval.

(4) The Governor and the Attorney General shall have 45 days to approve the plan of action.

(5) The Board may not set upper payment limits unless the plan is approved, in accordance with this subsection, by:

(i) The Legislative Policy Committee; or

(ii) 1. The Governor; and

2. The Attorney General.

§21–2C–13. ** CONTINGENCY – NOT IN EFFECT – CHAPTER 692 OF 2019 **

(a) On or after January 1, 2022, the Board may set upper payment limits for prescription drug products that are:

(1) Purchased or paid for by a unit of State or local government or an organization on behalf of a unit of State or local government, including:

(i) State or county correctional facilities;

(ii) State hospitals; and

(iii) Health clinics at State institutions of higher education;

(2) Paid for through a health benefit plan on behalf of a unit of State or local government, including a county, bicounty, or municipal employee health benefit plan; or

(3) Purchased for or paid for by the Maryland State Medical Assistance Program.

(b) The upper payment limits set under subsection (a) of this section shall:

(1) Be for prescription drug products that have led or will lead to an affordability challenge; and

(2) Be set in accordance with the criteria established in regulations adopted by the Board.

(c) (1) The Board shall:

(i) Monitor the availability of any prescription drug product for which it sets an upper payment limit; and

(ii) If there becomes a shortage of the prescription drug product in the State, reconsider whether the upper payment limit should be suspended or altered.

(2) An upper payment limit set under subsection (a) of this section may not be applied to a prescription drug product while the prescription drug product is on the federal Food and Drug Administration prescription drug shortage list.
Md. Code, Health Occupations § 21-307 — MD Code / Article gho / Title 21 / Subtitle 3 / Section 21-307
§21–307.
Status: in_force

(a) The Board shall license and issue the appropriate licensure to any applicant who meets the requirements of this title.

(b) The Board shall include on each license that it issues:

(1) The designation “licensed environmental health specialist”;

(2) The name of the license holder;

(3) The date of issue and serial number of the license;

(4) The Board seal; and

(5) The signature of the Board’s representative.

(c) The Board shall issue a new license to replace a lost, destroyed, or mutilated license if the license holder pays a fee that is set by the Board.
Md. Code, Housing and Community Development § 21-105 — MD Code / Article ghs / Title 21 / Subtitle 1 / Section 21-105
§21–105.
Status: in_force

(a) This section does not apply if its application would disqualify the State or a county from receiving federal money.

(b) (1) The Board of County Commissioners shall:

(i) adopt policies, regulations, or amendments that are necessary to implement:

1. federally or State assisted housing programs; and

2. locally funded housing programs undertaken in accordance with this Division II;

(ii) review and approve each housing project that the Washington Authority proposes before the housing project may be started; and

(iii) establish maximum income limits for persons of eligible income.

(2) For special housing projects, the Board of County Commissioners may establish exceptions to the maximum income limits for persons of eligible income.
Md. Code, Transportation § 21-802 — MD Code / Article gtr / Title 21 / Subtitle 8 / Section 21-802
§21–802.
Status: in_force

(a) If, on the basis of an engineering and traffic investigation, the State Highway Administration determines that any maximum speed limit specified in this subtitle is greater or less than reasonable or safe under existing conditions on any part of a highway under its jurisdiction, it may establish a reasonable and safe maximum speed limit for that part of the highway.

(b) An engineering and traffic investigation is not required to conform a posted maximum speed limit in effect on December 31, 1974, to a different limit specified in § 21-801.1(b) of this subtitle.

(c) Under this section, the State Highway Administration may:

(1) Establish a maximum speed limit to apply at all times or only at specified times; and

(2) Establish differing limits for different times of day, different types of vehicles, different weather conditions, or other factors bearing on safe speeds.

(d) An altered maximum speed limit established under this section is effective when posted on appropriate signs giving notice of the limit.
Md. Code, Health - General § 21-315 — MD Code / Article ghg / Title 21 / Subtitle 3 / Section 21-315
§21–315.
Status: in_force

The Department may suspend or revoke a license issued under this subtitle if the licensee:

(1) Violates or fails to meet the requirements of this subtitle or any regulation adopted under this subtitle; or

(2) Fraudulently or deceptively obtains a license.
Md. Code, Commercial Law § 21-105 — MD Code / Article gcl / Title 21 / Subtitle 1 / Section 21-105
§21–105.
Status: in_force

This title must be construed and applied:

(1) To facilitate electronic transactions consistent with other applicable law;

(2) To be consistent with reasonable practices concerning electronic transactions and with the continued expansion of those practices; and

(3) To effectuate its general purpose to make uniform the law with respect to the subject of this title among states enacting it.
Md. Code, Health - General § 21-237 — MD Code / Article ghg / Title 21 / Subtitle 2 / Section 21-237
§21–237.
Status: in_force

(a) (1) Except as provided for meat and poultry products under paragraph (3) of this subsection and for frozen desserts under Subtitle 8 of this title, the definitions and standards of identity and quality adopted by rule or regulation under the federal act for foods are the definitions and standards of identity and quality for foods in this State.

(2) By rule or regulation, the Secretary may adopt a definition or standard of identity or quality for any food if:

(i) A definition or standard has not been adopted for the food under the federal act; and

(ii) The Secretary finds that the definition or standard will promote honesty and fair dealing in the interest of consumers.

(3) Any definition or standard of identity or quality for a meat or poultry product that is adopted under a rule or regulation of the State Department of Agriculture is the definition or standard of identity or quality for that product in this State.

(b) (1) For purposes of this subtitle, the standards for the quality, purity, and strength of any drug are the standards set by an official compendium.

(2) If a drug is not standardized by an official compendium, then subject to § 21-241 of this subtitle, the standards of quality, purity, and strength adopted by rule or regulation under the federal act are the standards of quality, purity, and strength for the drug in this State.
Md. Code, Transportation § 21-501 — MD Code / Article gtr / Title 21 / Subtitle 5 / Section 21-501
§21–501.
Status: in_force

At an intersection, a pedestrian is subject to all traffic control signals, as provided in §§ 21-202 and 21-203 of this title. However, at any other place, a pedestrian has the rights and is subject to the restrictions stated in this title.
Md. Code, Transportation § 21-202.1 — MD Code / Article gtr / Title 21 / Subtitle 2 / Section 21-202.1
§21–202.
Status: in_force

§21–202.1.

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

(2) “Agency” means:

(i) For a traffic control signal operated and maintained at an intersection under the control of the State, the law enforcement agency primarily responsible for traffic control at that intersection; or

(ii) For a traffic control signal operated and maintained at an intersection under the control of a political subdivision, a law enforcement agency of the political subdivision that is authorized to issue citations for a violation of the Maryland Vehicle Law or of local traffic laws or regulations.

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

(ii) “Owner” does not include a motor vehicle rental or leasing company or a holder of a special registration plate issued under Title 13, Subtitle 9, Part III of this article.

(4) “Recorded images” means images recorded by a traffic control signal monitoring system:

(i) On:

1. Two or more photographs;

2. Two or more microphotographs;

3. Two or more electronic images;

4. Videotape; or

5. Any other medium; and

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

(5) “Traffic control signal monitoring system” means a device with one or more motor vehicle sensors working in conjunction with a traffic control signal to produce recorded images of motor vehicles entering an intersection against a red signal indication.

(b) (1) The agency primarily responsible for traffic control at an intersection monitored by a traffic control signal monitoring system shall ensure that the length of time that a traffic control signal displays a yellow light before changing to a red signal indication is set in accordance with regulations adopted by the State Highway Administration consistent with standards or guidelines established by the Federal Highway Administration.

(2) An agency may not issue a citation for a violation recorded by a traffic control signal monitoring system at a traffic control signal that does not comply with the timing requirements of paragraph (1) of this subsection.

(c) This section applies to a violation of § 21-202(h) of this subtitle at an intersection monitored by a traffic control signal monitoring system.

(d) (1) Unless the driver of the motor vehicle received a citation from a police officer at the time of the violation, the owner or, in accordance with subsection (g)(5) of this section, the driver of a motor vehicle is subject to a civil penalty if the motor vehicle is recorded by a traffic control signal monitoring system while being operated in violation of § 21-202(h) of this subtitle.

(2) A civil penalty under this subsection may not exceed $100.

(3) For purposes of this section, the District Court shall prescribe:

(i) A uniform citation form consistent with subsection (e)(1) of this section and § 7-302 of the Courts and Judicial Proceedings Article; and

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

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

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

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

(iii) The violation charged;

(iv) The location of the intersection;

(v) The date and time of the violation;

(vi) A copy of the recorded image;

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

(viii) A signed statement by a technician employed by the agency that, based on inspection of recorded images, the motor vehicle was being operated in violation of § 21–202(h) of this subtitle;

(ix) A statement that recorded images are evidence of a violation of § 21–202(h) of this subtitle; and

(x) Information advising the person alleged to be liable under this section:

1. Of the manner and time in which liability as alleged in the citation may be contested in the District Court; and

2. Warning that failure to pay the civil penalty or to contest liability in a timely manner is an admission of liability and may result in refusal or suspension of the motor vehicle registration.

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

(3) Except as provided in subsection (g)(5) of this section, a citation issued under this section shall be mailed no later than 2 weeks after the alleged violation.

(4) An agency may not mail a citation to a person who is not an owner under subsection (a)(3)(ii) of this section.

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

(i) Pay the civil penalty, in accordance with instructions on the citation, directly to the political subdivision or to the District Court; or

(ii) Elect to stand trial for the alleged violation.

(6) To mail the citation or warning notice, an agency shall use:

(i) The current mailing address on file with the Administration; or

(ii) If a mailing address is unavailable, the current residential address on file with the Administration.

(f) (1) A certificate alleging that the violation of § 21-202(h) of this subtitle occurred, sworn to or affirmed by a duly authorized agent of the agency, based on inspection of recorded images produced by a traffic control signal monitoring system shall be evidence of the facts contained therein and shall be admissible in any proceeding alleging a violation under this section.

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

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

(i) That the driver of the vehicle passed through the intersection in violation of § 21-202(h) of this subtitle:

1. In order to yield the right-of-way to an emergency vehicle; or

2. As part of a funeral procession in accordance with § 21-207 of this subtitle;

(ii) Subject to paragraph (2) of this subsection, that the motor vehicle or registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation;

(iii) That under § 21-201 of this subtitle, this section is unenforceable against the owner because at the time and place of the alleged violation, the traffic control signal was not in proper position and legible enough to be seen by an ordinarily observant individual;

(iv) Subject to paragraph (3) of this subsection, evidence that the person named in the citation was not operating the vehicle at the time of the violation; and

(v) Any other issues and evidence that the District Court deems pertinent.

(2) In order to demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner must submit proof that a police report about the stolen motor vehicle or registration plates was filed in a timely manner.

(3) To satisfy the evidentiary burden under paragraph (1)(iv) of this subsection, the person named in the citation shall provide to the District Court evidence to the satisfaction of the court of who was operating the vehicle at the time of the violation, including, at a minimum, the operator’s name and current address.

(4) (i) The provisions of this paragraph apply only to a citation that involves a Class E (truck) vehicle with a registered gross weight of 26,001 pounds or more, Class F (tractor) vehicle, Class G (trailer) vehicle operated in combination with a Class F (tractor) vehicle, and Class P (passenger bus) vehicle.

(ii) To satisfy the evidentiary burden under paragraph (1)(iv) of this subsection, the person named in a citation described under subparagraph (i) of this paragraph may provide to the District Court a letter, sworn to or affirmed by the person and mailed by certified mail, return receipt requested, that:

1. States that the person named in the citation was not operating the vehicle at the time of the violation; and

2. Provides the name, address, and driver’s license identification number of the person who was operating the vehicle at the time of the violation.

(5) (i) If the District Court finds that the person named in the citation was not operating the vehicle at the time of the violation or receives evidence under paragraph (4)(ii)2 of this subsection identifying the person driving the vehicle at the time of the violation, the clerk of the court shall provide to the agency issuing the citation a copy of any evidence substantiating who was operating the vehicle at the time of the violation.

(ii) Upon the receipt of substantiating evidence from the District Court under subparagraph (i) of this paragraph, an agency may issue a citation as provided in subsection (e) of this section to the person that the evidence indicates was operating the vehicle at the time of the violation.

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

(h) If the civil penalty is not paid and the violation is not contested, the Administration may refuse to register or reregister the motor vehicle.

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

(1) Is not a moving violation for the purpose of assessing points under § 16-402 of this article and may not be recorded by the Administration on the driving record of the owner or driver of the vehicle;

(2) May be treated as a parking violation for purposes of § 26-305 of this article; and

(3) May not be considered in the provision of motor vehicle insurance coverage.

(j) (1) In consultation with local governments, the chief judge of the District Court shall adopt procedures for the issuance of citations, the trial of civil violations, and the collection of civil penalties under this section.

(2) The standards and requirements for the use, processing, and disposal of recorded images and associated data established under § 12–113.1 of this article apply to citations issued under this section.
Md. Code, Transportation § 21-810 — MD Code / Article gtr / Title 21 / Subtitle 8 / Section 21-810
§21–810.
Status: in_force

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

(2) “Local police department” means:

(i) The police department of any municipal corporation;

(ii) The police department of any county; and

(iii) The sheriff’s department of any county that has highway traffic patrol responsibilities.

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

(ii) “Owner” does not include:

1. A motor vehicle rental or leasing company; or

2. A holder of a special registration plate issued under Title 13, Subtitle 9, Part III of this article.

(4) “Recorded image” means an image recorded by a work zone speed control system:

(i) On:

1. A photograph;

2. A microphotograph;

3. An electronic image;

4. Videotape; or

5. Any other medium; and

(ii) Showing:

1. The rear of a motor vehicle;

2. At least two time–stamped images of the motor vehicle that include the same stationary object near the motor vehicle; and

3. On at least one image or portion of tape, a clear and legible identification of the entire registration plate number of the motor vehicle.

(5) “State police department” means:

(i) The Department of State Police; and

(ii) The Maryland Transportation Authority Police.

(6) “Work zone” means a segment of a highway:

(i) That is identified as a temporary traffic control zone by traffic control devices that are placed or installed in general conformance with the State manual and specifications adopted for a uniform system of traffic control devices;

(ii) Where highway construction, repair, maintenance, utility work, or a related activity, including the placement, installation, maintenance, or removal of a work zone traffic control device, is being performed regardless of whether workers are present; and

(iii) That is equipped with:

1. Signage designating each entrance and exit to the work zone; and

2. Flashing lights that operate whenever workers are present at the work zone.

(7) “Work zone speed control system” means a device that:

(i) Has one or more motor vehicle sensors connected to a camera system capable of producing recorded images of motor vehicles traveling at or above a predetermined speed in or approaching a work zone; and

(ii) Is equipped with flashing blue lights.

(8) “Work zone speed control system operator” means an individual who has been trained and certified to operate a work zone speed control system and who is:

(i) A police officer;

(ii) A representative of a local police department;

(iii) A representative of a State police department; or

(iv) A State Highway Administration contractor.

(b) (1) A work zone speed control system that meets the requirements of this subsection may be used to record the images of motor vehicles traveling on a highway:

(i) Within a work zone; and

(ii) On which the speed limit, as posted before the work zone was implemented and established using generally accepted traffic engineering practices, is 45 miles per hour or greater.

(2) (i) A work zone speed control system may be used only:

1. On a highway as specified in paragraph (1) of this subsection; and

2. If, in accordance with the Maryland manual on uniform traffic control devices, a conspicuous road sign is placed at a reasonable distance consistent with national guidelines before the work zone alerting drivers that a speed monitoring system may be in operation in the work zone.

(ii) A work zone speed control system operator does not need to be present in person or remotely at the highway work zone when a work zone speed control system is in use.

(iii) 1. Multiple work zone speed control systems may be implemented and used in a work zone.

2. If a work zone has more than one work zone speed control system in use, not more than one citation may be issued for the same registration plate for alleged violations that occur within a 1–hour period in the work zone.

(3) A work zone speed control system may be used only to record the images of vehicles that are traveling at speeds at least 12 miles per hour above the posted work zone speed limit.

(4) (i) A work zone speed control system operator shall complete training by the manufacturer of the work zone speed control system in the procedures for setting up, testing, and operating the work zone speed control system.

(ii) On completion of the training, the manufacturer shall issue a signed certificate to the work zone speed control system operator.

(iii) The certificate of training shall be admitted as evidence in any court proceeding for a violation of this section.

(5) A work zone speed control system operator shall fill out and sign a daily set–up log for a work zone speed control system that:

(i) States the date and time when and the location where the system was set up;

(ii) States that the work zone speed control system operator successfully performed, and the device passed, the manufacturer–specified self–tests of the work zone speed control system before producing a recorded image;

(iii) Shall be kept on file; and

(iv) Shall be admitted as evidence in any court proceeding for a violation of this section.

(6) (i) A work zone speed control system shall undergo an annual calibration check performed by an independent calibration laboratory.

(ii) The independent calibration laboratory shall issue a signed certificate of calibration after the annual calibration check that:

1. Shall be kept on file; and

2. Shall be admitted as evidence in any court proceeding for a violation of this section.

(7) The procurement of a work zone speed control system by a unit of State government shall be conducted in accordance with Title 13, Subtitle 1 of the State Finance and Procurement Article.

(c) (1) Unless the driver of the motor vehicle received a citation from a police officer at the time of the violation, the owner or, in accordance with subsection (f)(4) of this section, the driver of a motor vehicle is subject to a civil penalty if an image of the motor vehicle is recorded by a work zone speed control system in accordance with subsection (b) of this section while being operated in violation of this subtitle.

(2) Except as provided in paragraph (3) of this subsection, a civil penalty under this subsection is:

(i) If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 12 and 15, inclusive, miles per hour, $60;

(ii) If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 16 and 19, inclusive, miles per hour, $80;

(iii) If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 20 and 29, inclusive, miles per hour, $140;

(iv) If the citation alleges that the driver of the motor vehicle exceeded the speed limit by between 30 and 39, inclusive, miles per hour, $270;

(v) If the citation alleges that the driver of the motor vehicle exceeded the speed limit by 40 miles per hour or more, $500.

(3) If a citation is for a violation recorded when workers were present in the work zone, the civil penalty shall be double the amount that would otherwise apply under paragraph (2) of this subsection.

(4) For purposes of this section, the District Court shall:

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

(ii) Indicate on the citation the amount of the civil penalty to be paid by persons who choose to prepay the civil penalty without appearing in District Court.

(d) (1) Subject to the provisions of paragraphs (2) through (4) of this subsection, a local police department, State police department, or police department contractor shall mail to the owner liable under subsection (c) of this section a citation that shall include:

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

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

(iii) The violation charged;

(iv) The location where the violation occurred;

(v) The date and time of the violation;

(vi) At least one recorded image of the vehicle with a data bar imprinted on each image that includes the speed of the vehicle and the date and time the image was recorded;

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

(viii) A signed statement by a police officer employed by the local police department or State police department that, based on inspection of recorded images, the motor vehicle was being operated in violation of this subtitle;

(ix) A statement that recorded images are evidence of a violation of this subtitle;

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

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

1. Is an admission of liability;

2. May result in the refusal to register the motor vehicle; and

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

(2) The local police department or State police department may mail a warning notice instead of a citation to the owner liable under subsection (c) of this section.

(3) Except as provided in subsection (f)(4) of this section, the local police department or State police department may not mail a citation to a person who is not an owner.

(4) Except as provided in subsection (f)(4) of this section, a citation issued under this section shall be mailed no later than 2 weeks after the alleged violation if the vehicle is registered in this State, and no later than 30 days after the alleged violation if the vehicle is registered in another state.

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

(i) Pay the civil penalty in accordance with instructions on the citation; or

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

(6) To mail the citation or warning notice, a local police department, State police department, or police department contractor shall use:

(i) The current mailing address on file with the Administration; or

(ii) If a mailing address is unavailable, the current residential address on file with the Administration.

(e) (1) A certificate alleging that the violation of this subtitle occurred and the requirements under subsection (b) of this section have been satisfied, sworn to, or affirmed by a police officer employed by the local police department or State police department, based on inspection of recorded images produced by a work zone speed control system, shall be evidence of the facts contained in the certificate and shall be admissible in a proceeding alleging a violation under this section without the presence or testimony of the work zone speed control system operator who performed the requirements under subsection (b) of this section.

(2) If a person who received a citation under subsection (d) of this section desires a work zone speed control system operator to be present and testify at trial, the person shall notify the court and the police department that issued the citation in writing no later than 20 days before trial.

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

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

(i) Subject to paragraph (2) of this subsection, that the motor vehicle or the registration plates of the motor vehicle were stolen before the violation occurred and were not under the control or possession of the vehicle owner at the time of the violation;

(ii) Subject to paragraph (3) of this subsection, evidence that the person named in the citation was not operating the vehicle at the time of the violation; and

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

(2) To demonstrate that the motor vehicle or the registration plates were stolen before the violation occurred and were not under the control or possession of the owner at the time of the violation, the owner shall submit proof that a police report regarding the stolen motor vehicle or registration plates was filed in a timely manner.

(3) To satisfy the evidentiary burden under paragraph (1)(ii) of this subsection, the person named in the citation shall provide to the District Court a letter, sworn to or affirmed by the person and mailed by certified mail, return receipt requested, that:

(i) States that the person named in the citation was not operating the vehicle at the time of the violation; and

(ii) Includes any other corroborating evidence.

(4) (i) If the District Court finds that the person named in the citation was not operating the vehicle at the time of the violation or receives evidence under paragraph (3) of this subsection identifying the person driving the vehicle at the time of the violation, the clerk of the court may provide to the police department that issued the citation a copy of any evidence substantiating who was operating the vehicle at the time of the violation.

(ii) On receipt of substantiating evidence from the District Court under subparagraph (i) of this paragraph, the police department that issued the citation may issue a citation as provided in subsection (d) of this section to the person who the evidence indicates was operating the vehicle at the time of the violation.

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

(g) If a person liable under this section does not pay the civil penalty or contest the violation, the Administration may:

(1) Refuse to register or reregister the registration of the motor vehicle cited for the violation; or

(2) Suspend the registration of the motor vehicle cited for the violation.

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

(1) Is not a moving violation for the purpose of assessing points under § 16–402 of this article;

(2) May not be recorded by the Administration on the driving record of the owner or driver of the vehicle;

(3) May be treated as a parking violation for purposes of § 26–305 of this article; and

(4) May not be considered in the provision of motor vehicle insurance coverage.

(i) (1) In consultation with local police departments and State police departments, the Chief Judge of the District Court shall adopt procedures for the issuance of citations, the trial of civil violations, and the collection of civil penalties under this section.

(2) The standards and requirements for the use, processing, and disposal of recorded images and associated data established under § 12–113.1 of this article apply to citations issued under this section.

(j) (1) The Department of State Police or a contractor designated by the Department of State Police shall administer and process civil citations issued under this section in coordination with the District Court.

(2) If a contractor provides, deploys, or operates a work zone speed control system for a police department, the contractor’s fee may not be contingent on the number of citations issued or paid.

(k) (1) On or before December 1, 2024, and each December 1 thereafter, the State Highway Administration shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly:

(i) On any pilot program that the State Highway Administration conducted in the previous fiscal year that tests new technologies for detecting and recording a violation of this subtitle in a work zone; or

(ii) That the State Highway Administration did not conduct any such pilot program in the previous fiscal year.

(2) A report submitted under paragraph (1)(i) of this subsection shall include information on:

(i) How data collected from the device tested may be used for the enforcement of violations of this subtitle in work zones; and

(ii) Any legislative or regulatory changes that would be necessary to authorize the effective use of the device.

(l) On or before December 1, 2024, and each December 1 thereafter, the Department shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on how funds distributed to the Transportation Trust Fund under § 12–118(e) of this article have been spent.

(m) The Department of State Police and the State Highway Administration jointly shall adopt regulations establishing standards and procedures for work zone speed control systems authorized under this section.
Md. Code, Health - General § 21-1202 — MD Code / Article ghg / Title 21 / Subtitle 12 / Section 21-1202
§21–1202.
Status: in_force

(a) A person who violates any provision of § 21-436 of this title is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50.

(b) Half of any fine collected under this section shall be paid to the school board of the county where the violation occurred.
Md. Code, Business Occupations and Professions § 21-209 — MD Code / Article gbo / Title 21 / Subtitle 2 / Section 21-209
§21–209.
Status: in_force

(a) On request of any person and payment of a registration fee set by the Board, the Board shall confirm the registration status and qualifications of any individual who is the subject of the request.

(b) Each registration under this section:

(1) shall include a statement of the registration status of the individual who is the subject of the request; and

(2) may include:

(i) information about the examination results and other qualifications of that individual;

(ii) information about the dates of issuance of the registration of that individual; and

(iii) information about any disciplinary action taken against that individual.
Md. Code, Health - General § 21-401 — MD Code / Article ghg / Title 21 / Subtitle 4 / Section 21-401
§21–401.
Status: reserved

§21–401. IN EFFECT

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

(b) “Bobtailer” means a person who operates or controls a Grade A milk route and distributes Grade A pasteurized milk products that the person buys from a Grade A distributor or a milk processor.

(c) “Bulk milk hauler/sampler” means any person who collects official samples and transports raw milk from a farm or raw milk products or both to or from a milk plant, receiving station, or transfer station and who possesses a permit from any state to sample the milk or raw milk products.

(d) “Certified industry dairy farm inspector” means an individual who is certified by the Secretary under § 21–414 of this subtitle.

(e) “Dairy farm” means a place where at least 1 cow, goat, or other hooved mammal is kept, and from which the milk is sold or offered for sale.

(f) “Departmental inspection area” means the area in which the Department routinely makes inspections under this subtitle.

(g) “Farmstead cheese” means cheese made on a dairy farm:

(1) Using only the raw milk produced by the herd or flock on the dairy farm; and

(2) That meets the definitions and standards of a hard cheese established in 21 C.F.R. 133.

(h) “Grade A distribution station” means any place or vehicle where, for redistribution and sale, Grade A pasteurized milk products routinely are received, stored, or transferred.

(i) “Grade A distributor” means a person who sells a Grade A pasteurized milk product.

(j) (1) “Grade A milk product” means:

(i) Grade A milk;

(ii) Grade A cream; or

(iii) Any other Grade A milk product that the Secretary designates.

(2) “Manufactured grade milk product” means:

(i) Manufactured grade milk;

(ii) Manufactured grade cream; or

(iii) Any other manufactured grade milk product that the Secretary designates.

(k) “Grade A Pasteurized Milk Ordinance” means the recommended Grade “A” Pasteurized Milk Ordinance published by the federal government.

(l) (1) “Milk” means the milk of a cow, goat, or other hooved mammal.

(2) “Grade A milk” means the milk of a cow, goat, or other hooved mammal produced, processed, pasteurized, bottled, packaged, or prepared in accordance with the Grade A Pasteurized Milk Ordinance.

(3) “Manufactured milk” means the milk of a cow, goat, or other hooved mammal which is not Grade A milk and which is produced, processed, pasteurized, bottled, packaged, or prepared in accordance with “Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements”.

(m) “Milk fat” means the natural fat of milk.

(n) “Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements” means the Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements published by the U.S. Department of Agriculture.

(o) (1) “Milk plant” means any place where, for distribution, milk products are:

(i) Processed;

(ii) Pasteurized;

(iii) Bottled or packaged; or

(iv) Prepared.

(2) “Milk plant” does not include a place where milk products are sold at retail only.

(p) “Milk processor” means a person who owns, operates, or controls a milk plant.

(q) “Milk producer” means a person who operates a dairy farm.

(r) “Milk tank truck” means a truck and its equipment that are used to transport milk products.

(s) “Milk transportation company” means a person responsible for a milk tank truck.

(t) “Misbranded milk product” means a milk product:

(1) That is in a container that bears or is accompanied by any false or misleading written, printed, or graphic material; or

(2) That is not labeled in accordance with this subtitle.

(u) (1) “Pasteurized” means having undergone the process of uniformly heating each particle of milk product, holding it in the heated state, and cooling it, in approved and properly operated equipment and under the conditions of temperature and time that the Secretary by rule or regulation establishes, to make the milk product safe and free of pathogens.

(2) “Pasteurized” includes having undergone any other process that:

(i) Is recognized by the appropriate federal authority to be equally as effective as the process described in paragraph (1) of this subsection in making milk products safe and free of pathogens; and

(ii) Is approved by the Secretary.

(v) “Permit” means a permit issued by the Secretary under this subtitle that authorizes the holder of the permit to do any act that is within the scope of the permit.

(w) “Raw milk” means unpasteurized milk.

(x) “Receiving station” means any place where, for delivery to a milk plant, raw milk is collected, cooled, and stored.

(y) “Transfer station” means a place where milk is transferred directly from a milk tank truck to another milk tank truck for delivery to a milk plant.

§21–401. ** CONTINGENCY – NOT IN EFFECT – CHAPTER 530 OF 2019 **

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

(b) “Bobtailer” means a person who operates or controls a Grade A milk route and distributes Grade A pasteurized milk products that the person buys from a Grade A distributor or a milk processor.

(c) “Bulk milk hauler/sampler” means any person who collects official samples and transports raw milk from a farm or raw milk products or both to or from a milk plant, receiving station, or transfer station and who possesses a permit from any state to sample the milk or raw milk products.

(d) “Certified industry dairy farm inspector” means an individual who is certified by the Secretary under § 21–414 of this subtitle.

(e) “Dairy farm” means a place where at least 1 cow, goat, or other hooved mammal is kept, and from which the milk is sold or offered for sale.

(f) “Departmental inspection area” means the area in which the Department routinely makes inspections under this subtitle.

(g) “Farmstead cheese” means cheese made on a dairy farm:

(1) Using only the raw milk produced by the herd or flock on the dairy farm; and

(2) That meets the definitions and standards of a hard cheese established in 21 C.F.R. 133.

(h) “Grade A distribution station” means any place or vehicle where, for redistribution and sale, Grade A pasteurized milk products routinely are received, stored, or transferred.

(i) “Grade A distributor” means a person who sells a Grade A pasteurized milk product.

(j) (1) “Grade A milk product” means:

(i) Grade A milk;

(ii) Grade A cream; or

(iii) Any other Grade A milk product that the Secretary designates.

(2) “Manufactured grade milk product” means:

(i) Manufactured grade milk;

(ii) Manufactured grade cream; or

(iii) Any other manufactured grade milk product that the Secretary designates.

(k) “Grade A Pasteurized Milk Ordinance” means the recommended Grade “A” Pasteurized Milk Ordinance published by the federal government.

(l) (1) “Milk” means the lacteal secretion, practically free of colostrum, obtained by the complete milking of one or more healthy hooved mammals, including members of the order Cetartiodactyla, including:

(i) Family Bovidae, including cattle, water buffalo, sheep, goats, and yaks;

(ii) Family Cervidae, including deer, reindeer, and moose; and

(iii) Family Equidae, including horses and donkeys.

(2) “Grade A milk” means the milk of a cow, goat, or other hooved mammal produced, processed, pasteurized, bottled, packaged, or prepared in accordance with the Grade A Pasteurized Milk Ordinance.

(3) “Manufactured milk” means the milk of a cow, goat, or other hooved mammal which is not Grade A milk and which is produced, processed, pasteurized, bottled, packaged, or prepared in accordance with “Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements”.

(m) “Milk fat” means the natural fat of milk.

(n) “Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements” means the Milk for Manufacturing Purposes and Its Production and Processing: Recommended Requirements published by the U.S. Department of Agriculture.

(o) (1) “Milk plant” means any place where, for distribution, milk products are:

(i) Processed;

(ii) Pasteurized;

(iii) Bottled or packaged; or

(iv) Prepared.

(2) “Milk plant” does not include a place where milk products are sold at retail only.

(p) “Milk processor” means a person who owns, operates, or controls a milk plant.

(q) “Milk producer” means a person who operates a dairy farm.

(r) “Milk tank truck” means a truck and its equipment that are used to transport milk products.

(s) “Milk transportation company” means a person responsible for a milk tank truck.

(t) “Misbranded milk product” means a milk product:

(1) That is in a container that bears or is accompanied by any false or misleading written, printed, or graphic material; or

(2) That is not labeled in accordance with this subtitle.

(u) (1) “Pasteurized” means having undergone the process of uniformly heating each particle of milk product, holding it in the heated state, and cooling it, in approved and properly operated equipment and under the conditions of temperature and time that the Secretary by rule or regulation establishes, to make the milk product safe and free of pathogens.

(2) “Pasteurized” includes having undergone any other process that:

(i) Is recognized by the appropriate federal authority to be equally as effective as the process described in paragraph (1) of this subsection in making milk products safe and free of pathogens; and

(ii) Is approved by the Secretary.

(v) “Permit” means a permit issued by the Secretary under this subtitle that authorizes the holder of the permit to do any act that is within the scope of the permit.

(w) “Raw milk” means unpasteurized milk.

(x) “Receiving station” means any place where, for delivery to a milk plant, raw milk is collected, cooled, and stored.

(y) “Transfer station” means a place where milk is transferred directly from a milk tank truck to another milk tank truck for delivery to a milk plant.
Md. Code, State Personnel and Pensions § 21-306.2 — MD Code / Article gsp / Title 21 / Subtitle 3 / Section 21-306.2
§21–306.
Status: reserved

§21–306.2.

(a) (1) Each fiscal year, on behalf of its employees who are members of the Correctional Officers’ Retirement System, a participating governmental unit shall pay an amount equal to or greater than the product of multiplying:

(i) the aggregate annual earnable compensation of those members; and

(ii) the sum of the normal contribution rate and the accrued liability contribution rate, as determined under this section.

(2) Each fiscal year, in addition to the amounts required to be paid under paragraph (1) of this subsection, a participating governmental unit shall pay:

(i) the special accrued liability contribution required by subsection (d) of this section; and

(ii) any withdrawal liability contribution required by subsection (e) of this section.

(3) The amounts determined under paragraphs (1) and (2) of this subsection shall be based on an actuarial determination of the amounts that are required to preserve the integrity of the accumulation fund of the Correctional Officers’ Retirement System, using:

(i) the entry–age actuarial cost method;

(ii) actuarial assumptions adopted by the Board of Trustees; and

(iii) the asset valuation method recommended by the actuary and adopted by the Board of Trustees.

(4) The actuary shall compute the contributions payable under this section.

(5) The amounts computed under this section are a charge against the participating governmental unit to be paid in accordance with § 21–309 of this subtitle.

(b) (1) As part of each actuarial valuation, the actuary shall determine the normal contributions, net of member contributions, on account of members of the Correctional Officers’ Retirement System.

(2) Except as provided in paragraph (3) of this subsection, the normal contribution rate for the Correctional Officers’ Retirement System equals the fraction that has:

(i) as its numerator, the sum of the normal contributions determined under this subsection; and

(ii) as its denominator, the aggregate annual earnable compensation of the members of the Correctional Officers’ Retirement System.

(3) On the recommendation of the actuary, the Board of Trustees may adjust the normal contribution rate determined under this section to provide for:

(i) experience gains and losses;

(ii) the effect of changes in actuarial assumptions; and

(iii) the effect of legislation enacted after July 1, 2006.

(c) (1) The accrued liability contribution rate for the Correctional Officers’ Retirement System shall be computed as the percent of the aggregate earnable compensation of the members of the Correctional Officers’ Retirement System that is sufficient to liquidate over 40 years beginning July 1, 2006, the amount, as of June 30, 2006, by which the total liabilities of the Correctional Officers’ Retirement System exceeded the sum of:

(i) the assets in the accumulation fund and the annuity savings fund of the Correctional Officers’ Retirement System; and

(ii) the present value of future normal contributions, future special accrued liability contributions, future withdrawal liability contributions, and future member contributions.

(2) On the recommendation of the actuary, the Board of Trustees may adjust the accrued liability contribution rate to reflect:

(i) experience gains and losses;

(ii) the effect of changes in actuarial assumptions; and

(iii) the effect of legislation enacted after July 1, 2006.

(d) (1) In this subsection, “special accrued liability” means, as to any participating governmental unit, the liability of the Correctional Officers’ Retirement System on account of the employees of the participating governmental unit who elect to become members under § 25–202(b) of this article.

(2) Each participating governmental unit shall make a special accrued liability contribution on account of the participation of its employees in the Correctional Officers’ Retirement System.

(3) The special accrued liability contribution shall be determined by an actuarial valuation of the special accrued liability as of the date of approval of participation by the legislative body of the participating governmental unit.

(4) Except as provided in paragraph (5) of this subsection, the annual special accrued liability contribution of each participating governmental unit shall be the level annual payment that is sufficient to liquidate, over 25 years beginning on the date of approval by the legislative body of the participating governmental unit, the amount by which the special accrued liability of the participating governmental unit exceeds the sum of:

(i) the present value, as of the date of approval, of future normal contributions, future accrued liability contributions, and future member contributions on behalf of or by members who are employees of the participating governmental unit; and

(ii) any cash and securities transferred to the Correctional Officers’ Retirement System in accordance with § 31–2B–05(c) of this article.

(5) Subject to the approval of the Board of Trustees, a participating governmental unit may liquidate its unfunded special accrued liability:

(i) over a period not to exceed 40 years; or

(ii) subject to the actuary’s concurrence, by means of annual payments other than level annual payments.

(6) The expense of making the initial special accrued liability actuarial valuation shall be assessed against and paid by the participating governmental unit on whose account it is necessary.

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

(ii) “Active participant funding ratio” means the ratio determined by the actuary as provided under paragraph (3) of this subsection.

(iii) “Complement of the active participant funding ratio” is a ratio equal to 1 minus the active participant funding ratio.

(2) (i) On and after the date of a participating governmental unit’s withdrawal from the Correctional Officers’ Retirement System under § 31–302 of this article, the participating governmental unit and its employees are not required to make any further contributions to the Correctional Officers’ Retirement System for those employees who elect to withdraw from the Correctional Officers’ Retirement System.

(ii) As of the effective date of withdrawal, the participating governmental unit shall continue to make any contributions required under subsection (a) of this section on behalf of those employees who do not elect to withdraw from the Correctional Officers’ Retirement System.

(iii) As of the effective date of withdrawal of a participating governmental unit from the Correctional Officers’ Retirement System, the Board of Trustees shall transfer to the administrative board of the local pension system the assets that are allocable to the employees of the participating governmental unit who elect to withdraw from the Correctional Officers’ Retirement System as determined under paragraph (4) of this subsection.

(3) (i) As of June 30 of each fiscal year, the actuary shall determine the active participant funding ratio for the participating governmental units as provided in this section.

(ii) The active participant funding ratio shall be a fraction, not to exceed 1, that has:

1. as its numerator, the assets to the credit of the participating governmental units in the accumulation fund and the annuity savings fund of the Correctional Officers’ Retirement System as adjusted under subparagraph (iii) of this paragraph, decreased by the sum of the actuarial liabilities allocable to retirees of the Correctional Officers’ Retirement System who retired from the service of the participating governmental unit and the designated beneficiaries of those retirees, former members of the Correctional Officers’ Retirement System who are eligible for a vested allowance who separated from employment with the participating governmental unit, and members of the Correctional Officers’ Retirement System who separated from employment with the participating governmental unit but who may become eligible to receive prior eligibility service credit under § 25–306.1 of this article; and

2. as its denominator, the actuarial liabilities that are allocable to the employees of the participating governmental units who are members of the Correctional Officers’ Retirement System.

(iii) The assets to the credit of the participating governmental units as of the valuation date shall be increased by the sum of the outstanding balances of:

1. the special accrued liability attributable to the participating governmental units under subsection (d) of this section; and

2. the withdrawal liability attributable to the participating governmental units under paragraph (5) of this subsection.

(4) (i) The assets that are allocable to the employees of a participating governmental unit who elect to withdraw from the Correctional Officers’ Retirement System shall be computed by the actuary as provided in this paragraph.

(ii) The actuary shall first multiply the active participant funding ratio for the fiscal year preceding the effective date of withdrawal of the participating governmental unit by the actuarial liability allocable to the employees of the participating governmental unit who elect to withdraw.

(iii) The actuary shall reduce the amount determined under subparagraph (ii) of this paragraph by the outstanding balance of the special accrued liability contribution attributable to the participating governmental unit as of the effective date of withdrawal.

(5) (i) The withdrawal liability contribution of a participating governmental unit shall be computed by the actuary as provided in this paragraph.

(ii) The actuary shall multiply the complement of the active participant funding ratio for the fiscal year preceding the effective date of withdrawal of the participating governmental unit by the actuarial liability allocable to the employees of the participating governmental unit who elect to remain members of the Correctional Officers’ Retirement System.

(iii) The amount determined under subparagraph (ii) of this paragraph may not be less than zero.

(iv) Except as provided in subparagraph (v) of this paragraph, the annual withdrawal liability contribution of a participating governmental unit shall be the annual payment that is sufficient to liquidate, over not more than 25 years, the withdrawal liability contribution by means of annual payments that increase each year based on the actuarial assumptions adopted by the Board of Trustees on the recommendation of the actuary.

(v) Subject to the approval of the Board of Trustees and the actuary’s concurrence, a participating governmental unit may:

1. liquidate the withdrawal liability contribution by means of level annual payments or over a term of less than 25 years; or

2. prepay all or a portion of the withdrawal liability contribution.
Md. Code, State Personnel and Pensions § 21-123.2 — MD Code / Article gsp / Title 21 / Subtitle 1 / Section 21-123.2
§21–123.
Status: in_force

§21–123.2.

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

(2) “Private equity” means an asset class consisting of equity securities and debt in operating companies that are not publicly traded on a stock exchange.

(3) “Venture capital” means an investment of capital to a business at any stage of its development before the business makes a public offering of stock.

(b) For purposes of this section, an investment in the State shall include an investment in an entity or vehicle that:

(1) is domiciled in the State;

(2) operates in the State; or

(3) is reasonably expected to invest in entities that are in the State.

(c) It is the intent of the General Assembly that State contributions in excess of statutory requirements be invested in the State with a goal to increase the risk capital available in the State, if the investments are consistent with, and do not compromise or conflict with, the fiduciary duties of the Board of Trustees to the participants of the several systems.

(d) (1) The Board of Trustees may enter into an agreement with the Maryland Technology Development Corporation or another entity to make and manage investments on behalf of the Board of Trustees in private equity and venture capital in the State with the amount of money appropriated to the system, the State Retirement Agency, or the accumulation funds of the several systems that:

(i) for fiscal year 2017, is in addition to:

1. the amounts appropriated for the State and local employer contributions and the supplemental contribution required under §§ 21–308, 21–309, 21–309.1, and 21–310 of this title;

2. the amount appropriated under § 7–311(j)(1)(i)1 of the State Finance and Procurement Article; and

3. any other amounts required by any other provisions of law to be appropriated to the system, the State Retirement Agency, or the accumulation funds of the several systems; and

(ii) for fiscal years 2019 through 2022, is appropriated under § 21–308(a)(4) of this title.

(2) If the Board of Trustees does not enter into an agreement with the Maryland Technology Development Corporation or another entity in accordance with paragraph (1) of this subsection, the Board of Trustees shall develop a process that authorizes the Maryland Technology Development Corporation or another entity to provide recommendations regarding investments in private equity and venture capital in the State with respect to the amount described under paragraph (1) of this subsection.

(3) The investments or recommendations made in accordance with this section shall include a goal of investments or recommendations for the investment of 50% of the funds in commercialization of technology sponsored or created by a university in the State.

(4) An entity providing services to the Board of Trustees in accordance with paragraph (1) or (2) of this subsection shall be subject to the standards of care under § 21–203 of this title and the prohibited transactions under § 21–205 of this title, with respect to the services provided.

(e) All profits of and return of principal from investments made under this section shall accrue to the accumulation funds of the several systems.

(f) (1) On or before December 31 each year, the Board of Trustees shall submit a report to the Senate Budget and Taxation Committee, the House Appropriations Committee, and the Joint Committee on Pensions, in accordance with § 2–1257 of the State Government Article, and subject to § 4–335 of the General Provisions Article, that includes a detailed description of:

(i) the investments, if any, made under this section;

(ii) the recommendations, if any, made under this section;

(iii) the actions, if any, taken by the Board of Trustees on the recommendations made under this section;

(iv) the investment performance of any investments made under this section;

(v) to the extent possible, an accounting of the fees and expenses incurred under this section; and

(vi) to the extent possible, the ratio of funds invested in projects under this section to the total percentage of venture capital funds raised in the State by all sources.

(2) On or before December 1 each year, the Maryland Technology Development Corporation or another entity with which the Board of Trustees entered into an agreement under subsection (d)(1) or (2) of this section shall submit a report to the Senate Budget and Taxation Committee, the House Appropriations Committee, and the Joint Committee on Pensions, in accordance with § 2–1257 of the State Government Article, that, to the extent possible, provides:

(i) the economic benefit generated from investments made under this section, including:

1. the creation of new businesses;

2. the expansion of existing businesses;

3. the creation of new jobs;

4. the termination of any jobs; and

5. any increases in payroll; and

(ii) the number of businesses receiving funds from investments under this section that subsequently relocate to other states or countries.

(g) The Board of Trustees, or any other fiduciary of the several systems as defined in § 21–201(b) of this title, may not be held liable for any actions taken or decisions made in good faith for the purpose of complying with or executing the requirements of this section.

(h) The Board of Trustees shall act in good faith to carry out the requirements of this section in compliance with all applicable State and federal law, including relevant judicial decisions.

(i) Nothing in this section shall require the Board of Trustees to take action as described in this section unless the Board of Trustees determines, in good faith, that the action is consistent with the fiduciary responsibilities of the Board of Trustees as described in Subtitle 2 of this title.
Md. Code, Alcoholic Beverages and Cannabis § 21-1304 — MD Code / Article gab / Title 21 / Subtitle 13 / Section 21-1304
§21–1304.
Status: in_force

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

(2) The Board may issue not more than four beer festival licenses each year.

(3) An applicant for the license shall submit an application on the form that the Board provides.

(b) The Board may issue the license to a holder of:

(1) a retail license issued by the Board;

(2) a Class 5 brewery license;

(3) a Class 6 pub–brewery license;

(4) a Class 7 micro–brewery license;

(5) a Class 8 farm brewery license; or

(6) a person that is eligible to hold a Class C multiple day or multiple event license.

(c) The license authorizes the holder to display and sell beer that is:

(1) manufactured and processed in any state; and

(2) distributed in the State when the license application is filed.

(d) A license holder may display and sell beer:

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

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

(e) The Board shall:

(1) hold a hearing on a license application;

(2) publish notice of the license application hearing one time at least 7 days before the hearing;

(3) choose a fixed period of time for the festival of up to 3 consecutive days, excluding Sunday; and

(4) choose a location that is not already licensed.

(f) Notwithstanding subsection (e)(1) of this section, a holder of a beer festival license issued for a location at which Sunday sales are allowed under § 21–2002(e) of this title may make Sunday sales beginning at 10 a.m.

(g) Beer displayed and sold shall be:

(1) invoiced to the license holder by a wholesaler or holder of a Class 5 brewery license, Class 6 pub–brewery license, Class 7 micro–brewery license, or Class 8 farm brewery license; and

(2) delivered to the beer festival from the licensed premises of the wholesaler.

(h) A holder of a State wholesaler’s license, a Class 5 brewery license, a Class 6 pub–brewery license, a Class 7 micro–brewery license, or a Class 8 farm brewery license may enter into an agreement with the license holder to:

(1) deliver beer not earlier than 2 days before the effective date of the license; and

(2) accept returns not later than 2 days after the expiration date of the license.

(i) A person may hold a beer festival license in addition to another license.

(j) The Board shall set the fee.

(k) The Board shall adopt regulations to carry out this section.
Md. Code, Transportation § 21-1004 — MD Code / Article gtr / Title 21 / Subtitle 10 / Section 21-1004
§21–1004.
Status: in_force

(a) Except as otherwise provided in this section, a vehicle that is stopped or parked on a two-way roadway shall be stopped or parked parallel to the right hand curb or edge of the roadway, with its right hand wheels within 12 inches of that curb or edge of the roadway.

(b) Except as otherwise provided by local ordinance, a vehicle that is stopped or parked on a one-way roadway shall be stopped or parked parallel to the curb or edge of the roadway, in the direction of authorized traffic movement, with:

(1) Its right hand wheels within 12 inches of the right hand curb or edge of the roadway; or

(2) Its left hand wheels within 12 inches of the left hand curb or edge of the roadway.

(c) The State Highway Administration or any local authority may permit angle parking on the roadway of any highway in its jurisdiction, if the roadway has been determined to be wide enough to permit angle parking without interfering with the free movement of traffic.

(d) The State Highway Administration or any local authority may place signs that prohibit or restrict the stopping, standing, or parking of vehicles on any highway in its jurisdiction where to stop, stand, or park would:

(1) Endanger those using the highway; or

(2) Interfere unduly with the free movement of traffic on the highway.

(e) (1) A person may not stop, stand, or park a vehicle on any private property not owned by the owner or driver of the vehicle unless the person has express or implied permission from the property owner, his tenant, or his agent to stop, stand, or park the vehicle, as the case may be.

(2) In Baltimore City or in any county, upon the request of the owner, his agent, or his tenant, a police officer may issue a citation for a violation of the provisions of this subsection.

(f) As of October 1, 2010, any sign that designates a parking space or zone for the use of individuals with disabilities shall clearly state the maximum amount of the fine to which a person is subject for parking a vehicle in the parking space or zone in violation of § 21-1003(u) of this subtitle.

(g) (1) (i) In this subsection, “an inoperable or disabled vehicle” means a vehicle that is visibly unable to function or move or that, though able to operate or move, poses a severe safety hazard.

(ii) “An inoperable or disabled vehicle” includes:

1. A vehicle that is missing a wheel or wheels;

2. A vehicle that has a severely underinflated or flat tire or tires; and

3. A vehicle with a severely damaged windshield.

(2) This subsection applies only in Washington County.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, a person may not leave an inoperable or disabled vehicle continuously parked in the same location on a highway for more than 7 days.

(ii) Subparagraph (i) of this paragraph does not apply to a vehicle that has been immobilized by a local governmental entity or an agent of a local governmental entity.

(4) A person who violates paragraph (3) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $500.

(5) (i) A vehicle that is left in violation of paragraph (3) of this subsection may be towed only if notice of the intent to tow the vehicle is posted prominently on the vehicle at least 72 hours in advance.

(ii) The notice of the intent to tow an inoperable or disabled vehicle shall include:

1. The address and telephone number of the facility where the vehicle will be impounded; and

2. Contact information where the owner of the vehicle may direct questions regarding the notice of the intent to tow.

(6) If a vehicle is taken into custody under this section, a police department shall follow the same notice requirements as those for abandoned vehicles under § 25–204 of this article.
Md. Code, Transportation § 21-1206 — MD Code / Article gtr / Title 21 / Subtitle 12 / Section 21-1206
§21–1206.
Status: in_force

(a) A person may not operate a bicycle, an EPAMD, or a motor scooter while carrying any package, bundle, or other article that prevents the person from keeping both hands on the handlebars.

(b) A person may not carry on a bicycle, an EPAMD, or a motor scooter any package, bundle, or other article that interferes with the view or balance of the operator.

(c) A person may not remove, ride on, or tamper with any part of a bicycle, an EPAMD, or a motor scooter without the permission of its owner.
Md. Code, Alcoholic Beverages and Cannabis § 21-1201 — MD Code / Article gab / Title 21 / Subtitle 12 / Section 21-1201
§21–1201.
Status: in_force

(a) There is a local caterer’s license.

(b) (1) The Board may issue the license to a person that:

(i) has facilities to prepare and deliver food to the site of a catered event;

(ii) obtains approval of the facilities from the county Department of Health; and

(iii) does not hold any other license that the Board issues.

(2) A license holder is not required to have a banquet hall.

(c) The license authorizes a holder to:

(1) sell or provide off–sale alcoholic beverages during a catered event; and

(2) exercise the privileges of the license only during the hours and on the days that are authorized for a Class B beer, wine, and liquor license.

(d) The license holder may not:

(1) hold a catered event that the license holder sponsors; or

(2) provide only alcoholic beverages at a catered event.

(e) The license holder shall:

(1) purchase all alcoholic beverages from a wholesaler or retail dealer licensed to sell alcoholic beverages in the county;

(2) contract for and provide food for consumption at the catered event;

(3) during the catered event, ensure that at least one individual on the site is certified by an alcohol awareness program under § 4–505 of this article; and

(4) at the end of the catered event, return all containers of alcoholic beverages that are not empty to the license holder’s principal place of business.

(f) (1) The issuing fee that is charged for each new license is $500.

(2) The annual license fee is $500.
Md. Code, Health - General § 21-819 — MD Code / Article ghg / Title 21 / Subtitle 8 / Section 21-819
§21–819.
Status: reserved

(a) A person may not manufacture for sale in this State a frozen dessert or a frozen dessert mix:

(1) While the license for the plant in which the frozen dessert or mix is manufactured is suspended; or

(2) After the license:

(i) Has expired; or

(ii) Has been revoked.

(b) The Secretary may sue to enjoin a person from repeating a violation of this section.
Md. Code, Health Occupations § 21-313 — MD Code / Article gho / Title 21 / Subtitle 3 / Section 21-313
§21–313.
Status: in_force

(a) (1) Except as otherwise provided in the Administrative Procedure Act, before the Board takes any action under § 21–312 of this subtitle, it shall give the individual against whom this action is contemplated an opportunity for a hearing before the Board.

(2) A hearing shall be held within a reasonable time not to exceed 6 months after charges have been brought.

(b) The Board shall give notice and hold the hearing in accordance with the Administrative Procedure Act.

(c) The individual may be represented at the hearing by counsel.

(d) Over the signature of an officer or the administrator of the Board, the Board may issue subpoenas and administer oaths in connection with any investigation under this title and any hearings or proceedings before it.

(e) If, without lawful excuse, a person disobeys a subpoena from the Board or an order by the Board to take an oath or to testify or answer a question, then, on petition of the Board, a court of competent jurisdiction may punish the person as for contempt of court.

(f) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, the Board may hear and determine the matter.

(g) (1) The Board shall maintain a record of all disciplinary matters that includes:

(i) The date the matter was referred to the Board;

(ii) A detailed description of the specific allegations;

(iii) A copy of any written evidence reviewed by the Board in evaluating the matter; and

(iv) A written summary of the final action of the Board including the date of the action and the basis for the action.

(2) The Board shall maintain an electronic database of all disciplinary matters considered by the Board that is searchable, at a minimum, by:

(i) The date of the Board’s final action;

(ii) The name of the affected licensee; and

(iii) The type of final action taken by the Board, including no action.
Md. Code, Transportation § 21-309 — MD Code / Article gtr / Title 21 / Subtitle 3 / Section 21-309
§21–309.
Status: in_force

(a) On any roadway that is divided into two or more clearly marked lanes for vehicular traffic, the following rules, in addition to any others consistent with them, apply.

(b) A vehicle shall be driven as nearly as practicable entirely within a single lane and may not be moved from that lane or moved from a shoulder or bikeway into a lane until the driver has determined that it is safe to do so.

(c) On a roadway that is divided into three lanes and that provides for two-way movement of traffic, a vehicle may not be driven in the center lane except:

(1) While overtaking and passing another vehicle going in the same direction and while the center lane is clear of traffic within a safe distance;

(2) In preparing to make a left turn; or

(3) When the center lane is allocated exclusively to traffic moving in the same direction that the vehicle is going and the allocation is designated by a traffic control device.

(d) The driver of a vehicle shall obey the directions of each traffic control device that directs specified traffic to use a designated lane or that designates those lanes to be used by traffic moving in a particular direction, regardless of the center of the roadway.

(e) The driver of a vehicle shall obey the directions of each traffic control device that prohibits changing lanes on sections of a roadway.

(f) On a roadway that has two or more lanes for traffic moving in the same direction, the driver of any truck, truck tractor, trailer, or bus shall obey the directions of each traffic control device that requires the vehicle to be driven in a certain lane.

(g) On a roadway along which a two-way left turn lane has been provided through traffic control devices, vehicles may not enter that lane except when preparing for or making a left turn from or into the roadway or when preparing for or making a U-turn, and may enter only if the lane is clear of an opposing movement.

(h) A vehicle shall be driven within a lane described under subsection (g) of this section the shortest distance practicable prior to making a left turn or U-turn or after making a left turn.

(i) On roadways along which a two-way left turn lane has been placed, left turns shall be made only from within such lane.
Md. Code, Transportation § 21-1404 — MD Code / Article gtr / Title 21 / Subtitle 14 / Section 21-1404
§21–1404.
Status: in_force

(a) Traffic using any Authority highway shall obey any lawful sign.

(b) Traffic using any Authority highway shall obey any lawful order of any authorized employee of the Authority highway.

(c) Traffic using any Authority highway shall obey any lawful signal of any authorized employee of the Authority highway.

(d) Traffic using any Authority highway shall obey any lawful direction by voice, sign, or hand of any authorized employee of the Authority highway.
Md. Code, Land Use § 21-216 — MD Code / Article glu / Title 21 / Subtitle 2 / Section 21-216
§21–216.
Status: in_force

(a) (1) After a public hearing, the district council shall establish by local law or subsequent amendment to the local law procedures for the Commission to initiate, submit, adopt, and amend a plan or part of a plan, and for the district council to approve or amend a plan or part of a plan.

(2) The district council shall publish notice of the time and place of the public hearing in at least one newspaper of general circulation in the county at least 30 days before the hearing.

(b) The procedures established in accordance with subsection (a) of this section shall:

(1) include requirements for the district council to approve preliminary concepts, guidelines, and goals;

(2) provide for one or more public hearings on the plan to be held jointly by the Commission and the district council, at the direction of the district council, after 30 days’ notice by publication in a newspaper of general circulation in the county;

(3) include provision for the Commission to adopt a plan after the public hearing, and for the district council to approve the plan;

(4) include a method to certify and file an approved plan in the office of the clerk of the Circuit Court for Prince George’s County; and

(5) include provisions for the Commission to publish an adopted and approved plan.
Md. Code, Commercial Law § 21-103 — MD Code / Article gcl / Title 21 / Subtitle 1 / Section 21-103
§21–103.
Status: in_force

This title applies to any electronic record or electronic signature created, generated, sent, communicated, received, or stored on or after the effective date of this title.
Md. Code, Health - General § 21-336 — MD Code / Article ghg / Title 21 / Subtitle 3 / Section 21-336
§21–336.
Status: in_force

(a) (1) In this section, “approved source” means a source of water that is:

(i) Sampled and found through laboratory analysis to comply with:

1. The microbiological standards adopted by the Department, with testing on a monthly basis; and

2. The chemical and radiological standards adopted by the Department, which shall meet or exceed the standards prescribed by the federal Food and Drug Administration, with testing annually for chemical analyses and once every 4 years for radiological analyses; and

(ii) If applicable, constructed and inspected in accordance with regulations adopted by the Department of the Environment under §§ 9–204, 9–1305, and 9–1306 of the Environment Article.

(2) “Approved source” includes:

(i) An artesian well;

(ii) A drilled well;

(iii) A glacier;

(iv) A public water supply;

(v) A spring; and

(vi) A source of mineral water that complies with the standards specified in paragraph (1) of this subsection but fails to meet the standards with respect to those properties of mineral water related to the limitations on chloride, iron, manganese, sulfate, total dissolved solids, zinc, or any other exemptions listed under 21 C.F.R. 165.110.

(3) The Department may approve a source that does not meet standards regulated by the United States Environmental Protection Agency as a secondary standard if the bottler shows by analysis that a particular treatment used reduces the level of contaminants in the bottled water to a level below the maximum contaminant level.

(b) The requirements of this section are in addition to any other provision of law.

(c) Artesian water, mineral water, natural water, purified water, spring water, well water, and any other type of bottled water shall meet the requirements of the standard of identity for bottled water under 21 C.F.R. 165.110(a).

(d) (1) A person may not bottle water unless the person is licensed by the Department under § 21–305 of this subtitle.

(2) The Department may not issue a license if the Department determines that the water is:

(i) Not from an approved source; or

(ii) In any way injurious to the public health.

(3) To apply for a license to bottle water, a bottler shall:

(i) Submit an application to the Department on the form that the Department requires;

(ii) List on the application form the types of bottled water that the applicant proposes to bottle; and

(iii) Pay to the Department an annual fee established by the Secretary under § 2–104 of this article.

(4) While it is effective, a license to bottle water authorizes a bottler to bottle and sell in the State the types of bottled water identified in the license.

(e) (1) (i) A person who is licensed under this section shall submit to the Department the results of:

1. Annual chemical and radiological analyses of a representative sample of the person’s source water and bottled water; and

2. A monthly microbiological analysis of a representative sample of the source water and bottled water.

(ii) The analyses shall demonstrate that the source water and bottled water comply with the chemical, radiological, and microbiological standards adopted by the Department, which shall meet or exceed the standards prescribed by the federal Food and Drug Administration.

(iii) 1. Except as otherwise required by law, mineral water is not subject to the limitations on chloride, iron, manganese, sulfate, total dissolved solids, zinc, or any other exemptions listed under 21 C.F.R. 165.110.

2. Bottled water may not exceed:

A. 10 parts per billion of total trihalomethanes;

B. 5 parts per billion of lead; or

C. 100 parts per billion of chlorine.

(2) (i) Analyses required under this subsection may be performed by a laboratory certified by:

1. A state’s Laboratory Certification Program in accordance with the United States Environmental Protection Agency’s primacy conditions under the Agency’s Public Water System Supervision Program; or

2. The United States Environmental Protection Agency.

(ii) The Department shall accept analyses performed by any laboratory authorized under subparagraph (i) of this paragraph.

(3) A person licensed or registered under this section shall:

(i) For at least 2 years, maintain all inspection and sampling records at the person’s principal place of business; and

(ii) Make inspection and sampling records available to the Department upon request.

(4) Notwithstanding the analyses required under paragraph (1) of this subsection, the Department may sample and analyze any bottled water.

(5) The provisions of this subsection do not prevent the Department from prohibiting the use or sale of bottled water in the State, if, in the judgment of the Department:

(i) The water is shown by analysis to be unfit for drinking;

(ii) The water has been misbranded under § 21–210 of this title; or

(iii) Its quality is in any way injurious to the public health.

(f) Bottled water in individual containers shall be marked on each container with a stencil, stamp, or label that clearly indicates:

(1) The identifying batch code for the water; and

(2) In compliance with subsection (g) of this section, the type of water and any additional ingredients.

(g) Labeling of the type of bottled water and any additional ingredients, as required under subsection (f) of this section, shall conform to the labeling requirements for bottled water under 21 C.F.R. 165.110(a).

(h) In accordance with regulations adopted by the Department, a person licensed under this section shall establish written procedures and implement those procedures to:

(1) Prevent contamination during the processing, packaging, transportation, or storage of bottled water; and

(2) Recall bottled water when the person, the Department, or any other government agency determines that a supply is injurious in any way to the public health.

(i) The Department may suspend or revoke a license issued under this section if the licensee:

(1) Violates or fails to satisfy any requirement of this title or any regulation adopted under this title; or

(2) Fraudulently or deceptively obtains a license.

(j) (1) In addition to any other penalty applicable at law, a person who violates any provision of this section shall be liable for a civil penalty of:

(i) Not less than $1,000 and not more than $5,000 for a first offense; and

(ii) Not less than $5,000 and not more than $10,000 for a second offense within 2 years of the first offense.

(2) Each day on which a violation occurs constitutes a separate offense.

(k) By October 1, 2008, the Department shall adopt regulations to implement the provisions of this section.

(l) (1) The Department shall establish a Bottled Water Advisory Committee to advise and assist the Department in the development and adoption of the regulations required under subsection (k) of this section.

(2) The Advisory Committee shall consist of the following representatives:

(i) The Secretary of Health or the Secretary’s designee, who shall serve as chairman of the Advisory Committee;

(ii) The Secretary of the Environment or the Secretary’s designee;

(iii) A hydrogeologist;

(iv) At least two individuals from the bottled water processing industry;

(v) At least one individual from the bottled water distribution industry;

(vi) At least one individual from the environmental community or consumer advocacy community; and

(vii) At least one consumer of bottled water.
Md. Code, State Personnel and Pensions § 21-305 — MD Code / Article gsp / Title 21 / Subtitle 3 / Section 21-305
§21–305.
Status: in_force

(a) In this section, “employees’ systems” means the Employees’ Pension System and the Employees’ Retirement System.

(b) (1) Each fiscal year, on behalf of its employees who are members of one of the employees’ systems, a participating governmental unit shall pay an amount equal to or greater than the product of multiplying:

(i) the aggregate annual earnable compensation of those members; and

(ii) the sum of the normal contribution rate and the accrued liability contribution rate, as determined under §§ 21–305.1 and 21–305.2 of this subtitle.

(2) Each fiscal year, in addition to the amounts required to be paid under paragraph (1) of this subsection, a participating governmental unit shall pay:

(i) the special accrued liability contribution required by § 21–305.3 of this subtitle;

(ii) any withdrawal liability contribution required by § 21–305.5 of this subtitle;

(iii) an amount equal to 5% of the aggregate earnable compensation of its employees who are members of the Employees’ Retirement System; and

(iv) any annual deficit payment required under § 21–305.4(c) of this subtitle.

(3) Each fiscal year, a participating governmental unit shall reduce the amounts required to be paid under paragraphs (1) and (2) of this subsection by any annual credit allowed to the participating governmental unit under § 21–305.4(b) of this subtitle.

(c) (1) The amount determined under subsection (b) of this section for the employees’ systems shall be based on an actuarial determination of the amounts that are required to preserve the integrity of the accumulation fund of the employees’ systems, using:

(i) the entry–age actuarial cost method;

(ii) actuarial assumptions adopted by the Board of Trustees; and

(iii) the asset valuation method recommended by the actuary and adopted by the Board of Trustees.

(2) Except as provided in subsection (b)(2)(iii) of this section, for the purpose of making the determinations required under this section, the Employees’ Retirement System and the Employees’ Pension System shall be considered together as one State system.

(d) The actuary shall compute the contributions payable under this section.

(e) The amounts computed under this section are a charge against the participating governmental unit to be paid in accordance with § 21–309 of this subtitle.
Md. Code, State Personnel and Pensions § 21-122 — MD Code / Article gsp / Title 21 / Subtitle 1 / Section 21-122
§21–122.
Status: in_force

(a) (1) There is an Investment Division in the State Retirement Agency.

(2) Subject to subsection (f) of this section, the Board of Trustees shall determine the qualifications and compensation for positions within the Investment Division.

(3) The Board of Trustees:

(i) may determine and create the type and number of positions necessary for carrying out the professional investment functions of the Investment Division; and

(ii) shall adopt objective criteria to be followed when exercising its authority under item (i) of this paragraph and paragraph (2) of this subsection.

(4) On or before October 1, 2012, and each October 1 thereafter, the Board of Trustees shall report to the Senate Budget and Taxation Committee, the House Appropriations Committee, and the Joint Committee on Pensions, in accordance with § 2–1257 of the State Government Article on:

(i) the current compensation of the Chief Investment Officer and employees of the Investment Division;

(ii) any compensation increases the Chief Investment Officer and employees of the Investment Division have received in the fiscal year immediately preceding that October 1;

(iii) 1. the number of individuals in the Investment Division of the State Retirement Agency who were employed as professional investment staff and terminated employment with the State Retirement Agency in the fiscal year immediately preceding that October 1;

2. the number of years of employment an individual described in item 1 of this item had accrued with the State Retirement Agency at the time the individual terminated employment with the State Retirement Agency; and

3. to the extent possible, the new employer, position, and compensation the individual described in item 1 of this item accepted upon terminating employment with the State Retirement Agency;

(iv) the criteria used to set the compensation of employees of the Investment Division;

(v) the criteria used to determine the type and number of positions necessary to carry out the functions of the Investment Division;

(vi) the number of employees eligible for financial incentives, and the financial incentives paid in the current fiscal year; and

(vii) the net impact on system investment returns attributable to the costs of the Investment Division for the preceding fiscal year.

(b) As the Board of Trustees specifies, the Investment Division shall invest the assets of the several systems.

(c) (1) Quarterly, the Investment Division shall submit to the Board of Trustees a report about the commissions that the State Retirement Agency pays on investments.

(2) The report shall detail:

(i) the identity of each recipient of a commission that the State Retirement Agency paid during the previous quarter;

(ii) the dollar amount of commission business that each recipient performs;

(iii) the average price–per–share each recipient charged or, if the commission was paid on a net basis, the markup or markdown that the recipient uses; and

(iv) a reasonable history of the allocation of commissions.

(d) On behalf of the several systems, the Chief Investment Officer:

(1) may hire external investment managers to invest the assets of the several systems;

(2) may select and invest in specific investment vehicles, including limited partnerships, private equity fund investments, and private real estate fund investments; and

(3) may terminate the appointment of an external investment manager.

(e) Prior to terminating the appointment of an external investment manager under subsection (d)(2) of this section, the Chief Investment Officer shall provide written documentation to the Board of Trustees and the Investment Committee explaining the basis for the termination.

(f) (1) (i) 1. The Board of Trustees shall adopt objective criteria for setting the qualifications and compensation of positions under subsection (a) of this section.

2. The Board shall consider the recommendations of the Compensation and Staffing Committee under subsection (g) of this section before adopting objective criteria for setting compensation.

(ii) The criteria adopted under subparagraph (i) of this paragraph shall include:

1. consideration of the comparative qualifications and compensation of employees serving in similar positions and discharging similar duties at comparable public pension funds;

2. limitations on the amount by which the compensation for a position may be increased each fiscal year, not to exceed 10%; and

3. objective benchmarks of investment performance that shall be met or exceeded by an individual to be eligible for an increase in compensation.

(iii) The Board of Trustees may not grant any increases in compensation in a fiscal year in which State employees are subject to a furlough.

(iv) For positions that do not involve discretion over investment–related decisions, the Board of Trustees may not set compensation that exceeds compensation for providing comparable services in other State employment.

(v) Except for positions under subparagraph (iv) of this paragraph, the compensation of an employee may not be adjusted in accordance with cost–of–living adjustments and merit increases available to State employees.

(vi) Based on the recommendations of the Compensation and Staffing Committee under subsection (g) of this section, the Board of Trustees shall approve:

1. the type and number of positions in the Investment Division;

2. the qualifications for each position in the Investment Division, as approved under item 1 of this subparagraph;

3. any compensation and financial incentives for the Investment Division staff, including salary increases or decreases recommended for the employees of the Investment Division; and

4. in accordance with § 21–118.1 of this subtitle, any compensation and financial incentives for the Chief Investment Officer, including salary increases or decreases recommended for the Chief Investment Officer.

(2) (i) 1. The Board of Trustees shall adopt objective criteria for awarding financial incentives under subsection (a) of this section.

2. The Board shall consider the recommendations of the Compensation and Staffing Committee under subsection (g) of this section before adopting objective criteria for awarding financial incentives.

(ii) Financial incentives may only be awarded based on the objective criteria adopted in accordance with subparagraph (i) of this paragraph.

(iii) The criteria adopted under subparagraph (i) of this paragraph shall include:

1. limitations on the amount of financial incentives for a position in a fiscal year, not to exceed 33% of a position’s compensation, exclusive of financial incentives; and

2. objective benchmarks of investment performance that shall be met or exceeded by an individual to be eligible for financial incentives, including benchmarks for the asset class in which investments are under the direction of the individual.

(iv) 1. Any financial incentives paid shall be paid over multiple fiscal years in equal installments.

2. The dates on which financial incentives awarded under this section shall be paid shall be set by the Board of Trustees at the time the financial incentives are determined.

3. The dates set under subsubparagraph 2 of this subparagraph may not be changed after being set.

(v) Except as provided in subparagraph (vi) of this paragraph, if an individual who has been awarded financial incentives separates from employment in the Investment Division, the Board of Trustees may not pay out any remaining financial incentives due to be paid after the date of separation from employment.

(vi) The Board of Trustees may pay any remaining awarded financial incentives after the date of separation from employment if the individual retires directly from the Investment Division on or 30 days after the date of separation.

(vii) The Board of Trustees may not award financial incentives for positions that do not involve discretion over investment–related decisions.

(viii) 1. The Board of Trustees may not pay out financial incentives in a fiscal year in which State employees are subject to a furlough.

2. Except as provided in subsubparagraph 3 of this subparagraph, the Board of Trustees shall pay out any financial incentives not paid to an individual in accordance with subsubparagraph 1 of this subparagraph only:

A. after the furlough period has ended; and

B. if the individual is currently employed in the Investment Division.

3. After a furlough period has ended, the Board of Trustees shall pay out any remaining awarded financial incentives not paid to an individual in accordance with subsubparagraph 1 of this subparagraph if:

A. the individual separates from employment with the Investment Division during the furlough period; and

B. after the date of separation from employment, the individual retires directly from the Investment Division or within 30 days after the date of separation from employment.

(3) (i) On or before October 1 each year, the Board of Trustees shall submit to the Senate Budget and Taxation Committee, the House Appropriations Committee, and the Joint Committee on Pensions, in accordance with § 2–1257 of the State Government Article, a copy of the most recent criteria adopted under this subsection, including any changes to compensation and incentives for the Chief Investment Officer and Investment Division staff.

(ii) In addition to the report required under subparagraph (i) of this paragraph, the Board of Trustees shall submit, within 30 days of adoption by the Board of Trustees, a copy of any changes adopted to the criteria established under this subsection to the Senate Budget and Taxation Committee, the House Appropriations Committee, and the Joint Committee on Pensions, in accordance with § 2–1257 of the State Government Article.

(4) On or before October 1, January 1, March 1, and July 1 each year, the Board of Trustees shall submit to the Senate Budget and Taxation Committee, the House Appropriations Committee, and the Joint Committee on Pensions, in accordance with § 2–1257 of the State Government Article, a report on system investment returns for the preceding fiscal quarter, including:

(i) investment performance by asset class, including performance relative to asset class benchmarks; and

(ii) investment performance of assets under the direction of each Investment Division employee.

(g) (1) There is a Compensation and Staffing Committee of the Board of Trustees.

(2) (i) The following members shall be included on the Committee:

1. the Secretary of Budget and Management or the Secretary’s designee;

2. one or more members of the Board of Trustees under § 21–104(a)(4)(i), (ii), (iii), (iv), or (v) of this subtitle, appointed by the Chairman of the Board of Trustees;

3. one or more members of the Board of Trustees under § 21–104(a)(4)(vi) or (vii) of this subtitle, appointed by the Chairman of the Board of Trustees; and

4. one or more members of the Board of Trustees under § 21–104(a)(4)(viii) of this subtitle, appointed by the Chairman of the Board of Trustees.

(ii) The following members may be appointed to the Committee by the Chairman of the Board of Trustees:

1. the State Treasurer, or the State Treasurer’s designee; and

2. the Comptroller, or the Comptroller’s designee.

(3) (i) The Chairman of the Board of Trustees shall appoint the Chair of the Committee.

(ii) The Chairman of the Board of Trustees may not serve as the Chair of the Committee.

(4) The Committee shall make recommendations to the Board of Trustees regarding:

(i) objective criteria under § 21–118.1(b)(2) and (d) of this subtitle for the compensation and financial incentives for the Chief Investment Officer; and

(ii) objective criteria under subsections (a) and (f) of this section for the compensation and financial incentives for the positions in the Investment Division.

(5) (i) The Board of Trustees shall enter into an agreement with a consultant to assist the Committee and the Board regarding objective criteria under this subsection and the Board’s responsibilities for compensation and staffing.

(ii) 1. Except as provided in subsubparagraph 2 of this subparagraph, the Board of Trustees may not enter into an agreement with a consultant under subparagraph (i) of this paragraph if that consultant is actively providing consulting services for the Board of Trustees or the staff of the Investment Division.

2. The Board of Trustees may enter into an agreement with a consultant selected under subparagraph (i) of this paragraph to provide executive search services for the Board of Trustees or the Executive Director.

(iii) The Chief Investment Officer may not separately retain the consultant hired under subparagraph (i) of this paragraph for any services.

(6) (i) The Executive Director shall serve in an advisory capacity to the Committee regarding compensation and incentive compensation for the Chief Investment Officer and Investment Division staff.

(ii) The Chief Investment Officer may not participate in any deliberations regarding the criteria for compensation and financial incentives for the Chief Investment Officer or Investment Division staff.

(iii) The Chief Investment Officer shall serve in an advisory capacity regarding the type of, number of, and qualifications for positions in the Investment Division.

(h) (1) There is a governance program within the Investment Division of the State Retirement Agency established in accordance with the policies of the Board of Trustees.

(2) (i) Subject to subsection (a) of this section, the Chief Investment Officer shall employ an individual to assist in the implementation of the governance program.

(ii) On the recommendation of the Chief Investment Officer and on receiving an affirmative vote from a majority of the Board of Trustees, the Executive Director shall terminate an individual employed in accordance with subparagraph (i) of this paragraph.

(3) The responsibilities of the individual employed under paragraph (2)(i) of this subsection shall be consistent with the fiduciary responsibilities and shall include:

(i) developing appropriate standards, policies, and processes for the implementation and management of the governance program;

(ii) monitoring, evaluating, and quantifying the risks and effects of material environmental, social, and governance factors on the investment of the assets of the several systems;

(iii) working across asset classes to integrate consideration of material environmental, social, and governance factors into investment due diligence and recommendations;

(iv) providing recommendations to the Chief Investment Officer based on research and analysis of material environmental, social, and governance factors, including diversity, equity, and inclusion;

(v) assisting the Investment Division in identifying and recommending investment opportunities to the Chief Investment Officer;

(vi) evaluating whether internal and external investment managers represent a diverse set of backgrounds;

(vii) working with investment managers, data providers, index providers, or consultants to identify, analyze, define, and prioritize specific metrics to align with an inclusive environment;

(viii) supporting the Board of Trustees with the implementation of the State’s minority business enterprise policies by the Investment Division, in accordance with Title 14, Subtitle 3 of the State Finance and Procurement Article and § 21–116(d) of this subtitle; and

(ix) providing advice and reports to the Board of Trustees on governance topics.
Md. Code, Transportation § 21-10A-04 — MD Code / Article gtr / Title 21 / Subtitle 10A / Section 21-10A-04
§21–10A–04.
Status: in_force

(a) Unless otherwise set by local law, a person who undertakes the towing or removal of a vehicle from a parking lot:

(1) May not charge the owner of the vehicle, the owner’s agent, the insurer of record, or any secured party more than:

(i) Twice the amount of the total fees normally charged or authorized by the political subdivision for the public safety impound towing of vehicles;

(ii) Notwithstanding § 16–207(f)(1) of the Commercial Law Article, the fee normally charged or authorized by the political subdivision from which the vehicle was towed for the daily storage of impounded vehicles;

(iii) If a political subdivision does not establish a fee limit for the public safety towing, recovery, or storage of impounded vehicles, $250 for towing and recovering a vehicle and $30 per day for vehicle storage; and

(iv) Subject to subsection (b) of this section, the actual cost of providing notice under this section;

(2) Shall notify the police department in the jurisdiction where the parking lot is located within 1 hour after towing or removing the vehicle from the parking lot, and shall provide the following information:

(i) A description of the vehicle including the vehicle’s registration plate number and vehicle identification number;

(ii) The date and time the vehicle was towed or removed;

(iii) The reason the vehicle was towed or removed; and

(iv) The locations from which and to which the vehicle was towed or removed;

(3) (i) Subject to items (ii) and (iii) of this item, shall notify the owner and the insurer of record and any secured party by certified mail, return receipt requested, and first–class mail within 7 days, exclusive of days that the towing business is closed, after towing or removing the vehicle, and shall provide the same information required in a notice to a police department under item (2) of this subsection;

(ii) May provide notice required under item (i) of this item to the owner electronically through the Administration if:

1. The Administration sends the notice to the owner using the e–mail address the owner provided to the Administration, as shown in the Administration’s records; and

2. The tower sends a notice by certified mail, return receipt requested, and first–class mail, to the owner if the owner does not respond within 7 days after the electronic notice was sent by the Administration; and

(iii) May provide notice required under item (i) of this item to any secured party or insurer of record electronically, if that form of notice is agreed to by the tower and the secured party or insurer of record in writing or by electronic communication;

(4) Shall provide to the owner, any secured party, and the insurer of record the itemized actual costs of providing notice under this section;

(5) Before towing or removing the vehicle, shall have authorization of the parking lot owner which shall include:

(i) The name of the person authorizing the tow or removal;

(ii) A statement that the vehicle is being towed or removed at the request of the parking lot owner; and

(iii) Photographic evidence of the violation or event that precipitated the towing of the vehicle;

(6) Shall obtain commercial liability insurance in the amount required by federal law for transporting property in interstate or foreign commerce to cover the cost of any damage to the vehicle resulting from the person’s negligence;

(7) May not employ or otherwise compensate individuals, commonly referred to as “spotters”, whose primary task is to report the presence of unauthorized parked vehicles for the purposes of towing or removal, and impounding;

(8) May not pay any remuneration to the owner, agent, or employee of the parking lot; and

(9) May not tow a vehicle solely for a violation of failure to display a valid current registration under § 13–411 of this article until 72 hours after a notice of violation is placed on the vehicle.

(b) A person may not charge for the actual cost of providing notice under subsection (a)(1)(iv) of this section if the vehicle owner, the owner’s agent, the insurer of record, or any secured party retakes possession of the vehicle within 48 hours after the vehicle was received at the storage facility.

(c) The Administration shall:

(1) Adopt regulations to allow for electronic notification to vehicle owners under subsection (a)(3)(ii) of this section;

(2) Establish and maintain a database containing the proper address for providing notice to an insurer under subsection (a)(3)(iii) of this section for each insurer authorized to write a vehicle liability insurance policy in the State; and

(3) Make the database required under item (2) of this subsection available to any tower free of charge.

(d) An agreement to provide notice electronically made in accordance with subsection (a)(3)(iii) of this section shall remain in effect until terminated by either party.
Md. Code, Alcoholic Beverages and Cannabis § 21-503 — MD Code / Article gab / Title 21 / Subtitle 5 / Section 21-503
§21–503.
Status: in_force

(a) A holder of a wholesaler’s license may enter into an agreement with a holder of a per diem license issued under Subtitle 13 of this title to deliver beer on the effective date of the per diem license and accept returns on the same day.

(b) The agreement entered into under subsection (a) of this section shall include the type of equipment, services, personnel, and supplies required to dispense draft beer.