Md. Code, Natural Resources § 4-403 — MD Code / Article gnr / Title 4 / Subtitle 4 / Section 4-403
§4–403.
Status: in_force

(a) If the Department considers it in the State’s best interest and the Governor consents, it may exchange any area of water or land or part it owns, together with any improvement on it, for any privately owned area of water or land equal to or greater in value than the area of water or land the Department exchanges and adapts for fish refuge and management. Also, the Department may sell any area of water or land or part it owns to the person who offers the highest price.

(b) The Department may use the acquired area of water or land as a State park.

(c) The Attorney General shall prepare any deed necessary to complete the exchange or sale of the area of water or land. The Secretary shall execute the deed. The proceeds of any sale shall be deposited with the State Comptroller and placed to the credit of the State Fisheries Management and Protection Fund.
Md. Code, Corporations and Associations § 4-603 — MD Code / Article gca / Title 4 / Subtitle 6 / Section 4-603
§4–603.
Status: in_force

(a) Any one or more stockholders who desire to continue the business of a close corporation may avoid the dissolution of the corporation or the appointment of a receiver by electing to purchase the stock owned by the petitioner at a price equal to its fair value.

(b) (1) If a stockholder who makes the election is unable to reach an agreement with the petitioner as to the fair value of the stock, then, if the electing stockholder gives bond or other security sufficient to assure payment to the petitioner of the fair value of the stock, the court shall stay the proceeding and determine the fair value of the stock.

(2) Fair value shall be determined in accordance with the procedure set forth in Title 3, Subtitle 2 of this article, as of the close of business on the day on which the petition for dissolution was filed.

(c) After the fair value of the stock is determined, the order of the court directing the purchase shall set the purchase price and the time within which payment shall be made. The court may order other appropriate terms and conditions of sale, including:

(1) Payment of the purchase price in installments; and

(2) The allocation of shares of stock among electing stockholders.

(d) The petitioner:

(1) Is entitled to interest on the purchase price of his stock from the date the petition is filed; and

(2) Ceases to have any other rights with respect to the stock, except the right to receive payment of its fair value.

(e) The costs of the proceeding, as determined by the court, shall be divided between the petitioner and the purchasing stockholder. The costs shall include the reasonable compensation and expenses of appraisers, but may not include fees and expenses of counsel or of other experts retained by a party.

(f) The petitioner shall transfer his shares of stock to the purchasing stockholder:

(1) At a time set by the court; or

(2) If the court sets no time, at the time the purchase price is paid in full.
Md. Code, Agriculture § 4-121 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-121
§4–121.
Status: in_force

To assure that articles are not adulterated or misbranded when delivered to the consumer, the Secretary, by rule or regulation, may prescribe the conditions under which any livestock carcass, any part of it, meat, or any meat food product capable of use as human food shall be stored or otherwise handled by any person engaged in the business of buying, selling, freezing, storing, or transporting these articles in or for intrastate commerce.
Md. Code, Local Government § 4-203 — MD Code / Article glg / Title 4 / Subtitle 2 / Section 4-203
§4–203.
Status: in_force

An area proposed to be incorporated shall contain at least 300 residents before the organizing community may proceed under this subtitle.
Md. Code, Economic Development § 4-509 — MD Code / Article gec / Title 4 / Subtitle 5 / Section 4-509
§4–509.
Status: in_force

(a) (1) With the approval of the Secretary, the Council shall appoint an Executive Director of the Council.

(2) The Executive Director may not be a member of the Council.

(b) (1) The Executive Director serves at the pleasure of the Council, subject to the concurrence of the Secretary.

(2) The Executive Director is a special appointment in the State Personnel Management System.

(c) Subject to the policies of the Council and the administrative supervision of the Secretary, the Executive Director:

(1) is the administrative officer of the Council staff;

(2) shall appoint and remove employees of the Council; and

(3) shall direct, administer, and supervise the activities of the Council staff.
Md. Code, Health Occupations § 4-404 — MD Code / Article gho / Title 4 / Subtitle 4 / Section 4-404
§4–404.
Status: in_force

(a) (1) The dentist who signs a work authorization shall:

(i) Send the original to the dental laboratory named on the work authorization; and

(ii) Keep the copy.

(2) The dental laboratory named in the original work authorization shall:

(i) Send the original of a subcontracted work authorization to the dental laboratory that is to do the subcontracted work; and

(ii) Keep the copy.

(b) (1) The person who keeps or receives the original or copy of a work authorization or subcontracted work authorization shall keep it for at least 1 year.

(2) If a subcontracted work authorization is issued, the dental laboratory named in the original work authorization shall attach the original work authorization form to the copy of the subcontracted work authorization form and keep the two together in the files of the dental laboratory for at least 1 year.

(c) If a dentist uses a patient identification number instead of a name on a work authorization, the dentist shall keep in the dentist’s office a cross reference that translates the number to the name of the specific patient.
Md. Code, Health Occupations § 4-312 — MD Code / Article gho / Title 4 / Subtitle 3 / Section 4-312
§4–312.
Status: in_force

(a) Subject to the provisions of this section, the Board may issue a temporary license to practice dental hygiene to an applicant who:

(1) Is licensed to practice dental hygiene in any other state or any province of Canada;

(2) Meets any other qualifications that the Board establishes;

(3) Submits to the Board an application on the form that the Board requires;

(4) Has graduated from a dental hygiene program accredited by the American Dental Association Commission on Dental Accreditation; and

(5) Pays to the Board an application fee set by the Board.

(b) While it is effective, a temporary license to practice dental hygiene authorizes the holder to practice dental hygiene subject to the same restrictions imposed on a holder of a general license to practice dental hygiene.

(c) A temporary license to practice dental hygiene expires when licenses are issued to those who pass the first examination for a general license to practice dental hygiene given over 30 days after the effective date of the temporary license.
Md. Code, General Provisions § 4-305 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-305
§4–305.
Status: in_force

A custodian shall deny inspection of public records that relate to the adoption of an individual.
Md. Code, Business Occupations and Professions § 4-504 — MD Code / Article gbo / Title 4 / Subtitle 5 / Section 4-504
§4–504.
Status: in_force

(a) The Board shall issue a barbershop permit to each applicant who meets the requirements of this subtitle.

(b) The Board shall issue a barbershop permit and a beauty salon permit to an applicant of a single establishment if the applicant:

(1) meets the requirements of:

(i) this title; and

(ii) Title 5 of this article;

(2) submits a separate application for each permit; and

(3) pays a separate fee for each application.
Md. Code, Environment § 4-202.1 — MD Code / Article gen / Title 4 / Subtitle 2 / Section 4-202.1
§4–202.
Status: reserved

§4–202.1.

(a) (1) Except as provided in paragraphs (2) and (3) of this subsection, this section applies to a county or municipality that is subject to a national pollutant discharge elimination system Phase I municipal separate storm sewer system permit.

(2) This section does not apply to a county or municipality that, on or before July 1, 2012, has enacted and implemented a system of charges under § 4–204 of this subtitle for the purpose of funding a watershed protection and restoration program, or similar program, in a manner consistent with the requirements of this section.

(3) Except as provided in subsection (j) of this section, this section does not apply in Montgomery County.

(b) A county or municipality shall adopt and implement local laws or ordinances necessary to establish a watershed protection and restoration program.

(c) (1) A watershed protection and restoration program established under this section:

(i) May include a stormwater remediation fee; and

(ii) Shall include a local watershed protection and restoration fund.

(2) (i) If a county or municipality established a stormwater remediation fee under this section on or before July 1, 2013, the county or municipality may repeal or reduce the fee before July 1, 2016, if:

1. The county or municipality identifies dedicated revenues, funds, or other sources of funds that will be:

A. Deposited into its local watershed protection and restoration fund; and

B. Utilized by the county or municipality to meet the requirements of its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit;

2. Subject to item 3 of this subparagraph, the county or municipality has filed with the Department a financial assurance plan in accordance with subsection (j) of this section; and

3. The Department determines the financial assurance plan demonstrates good faith toward achieving sufficient funding in accordance with subsection (j)(4)(ii) of this section.

(ii) This paragraph may not be construed as prohibiting a county or municipality from repealing or reducing a fee on or after July 1, 2016.

(d) (1) A county or municipality shall maintain or administer a local watershed protection and restoration fund in accordance with this section.

(2) The purpose of a local watershed protection and restoration fund is to provide financial assistance for the implementation of local stormwater management plans through stormwater management practices and stream and wetland restoration activities.

(e) (1) (i) Except as provided in paragraph (2) of this subsection and subsection (f) of this section, a county or municipality may establish and annually collect a stormwater remediation fee from owners of property located within the county or municipality in accordance with this section.

(ii) Beginning fiscal year 2017, if a county funds the cost of stormwater remediation by using general revenues or through the issuance of bonds, the county shall meet with each municipality within its jurisdiction to mutually agree that the county will:

1. Assume responsibility for the municipality’s stormwater remediation obligations;

2. For a municipality that has established a stormwater remediation fee under this section or § 4–204 of this subtitle, adjust the county property tax rate within the municipality to offset the stormwater remediation fee charged by the municipality; or

3. Negotiate a memorandum of understanding with the municipality to mutually agree upon any other action.

(2) (i) Except as provided in subparagraphs (ii) and (iii) of this paragraph, property owned by the State, a unit of State government, a county, a municipality, a veterans’ organization that is exempt from taxation under § 501(c)(4) or (19) of the Internal Revenue Code, or a regularly organized volunteer fire department that is used for public purposes may not be charged a stormwater remediation fee under this section.

(ii) 1. Except as provided in subsubparagraph 2 of this subparagraph, property owned by the State or a unit of State government may be charged a stormwater remediation fee by a county under this section if:

A. The State or a unit of State government and a county agree to the collection of an annual stormwater remediation fee from the State or a unit of State government that is based on the share of stormwater management services related to property of the State or a unit of State government located within the county;

B. The county agrees to appropriate into its own local watershed protection and restoration fund, on an annual basis, an amount of money that is based on the share of stormwater management services related to county property on an annual basis; and

C. The county demonstrates to the satisfaction of the State or a unit of State government that the fees collected under item A of this subparagraph and the money appropriated under item B of this subparagraph were deposited into the county’s local watershed protection and restoration fund.

2. A county or municipality may not charge a stormwater remediation fee to property specifically covered by a current national pollutant discharge elimination system Phase I municipal separate storm sewer system permit or industrial stormwater permit held by the State or a unit of State government.

(iii) A county or municipality may charge a stormwater remediation fee to property owned by a veterans’ organization that is exempt from taxation under § 501(c)(4) or (19) of the Internal Revenue Code or a regularly organized volunteer fire department if:

1. The county or municipality determines that the creation of a nondiscriminatory program for applying the stormwater remediation fee to federal properties under the federal facilities pollution control section of the Clean Water Act is necessary in order for the county or municipality to receive federal funding for stormwater remediation; and

2. A veterans’ organization that is exempt from taxation under § 501(c)(4) or (19) of the Internal Revenue Code and a regularly organized volunteer fire department that is used for public purposes are provided with the opportunity to apply for an alternate compliance plan established under subsection (k)(3) of this section instead of paying a stormwater remediation fee charged by a county or municipality under item 1 of this subparagraph.

(3) (i) If a county or municipality establishes a stormwater remediation fee under this section, a county or municipality shall set a stormwater remediation fee for property in an amount that is based on the share of stormwater management services related to the property and provided by the county or municipality.

(ii) A county or municipality may set a stormwater remediation fee under this paragraph based on:

1. A flat rate;

2. An amount that is graduated, based on the amount of impervious surface on each property; or

3. Another method of calculation selected by the county or municipality.

(4) If a county or municipality establishes a stormwater remediation fee under this section, the stormwater remediation fee established under this section is separate from any charges that a county or municipality establishes related to stormwater management for new developments under § 4–204 of this subtitle, including fees for permitting, review of stormwater management plans, inspections, or monitoring.

(f) (1) If a county or municipality establishes a stormwater remediation fee under this section, the county or municipality shall establish policies and procedures, approved by the Department, to reduce any portion of a stormwater remediation fee established under subsection (e) of this section to account for on–site and off–site systems, facilities, services, or activities that reduce the quantity or improve the quality of stormwater discharged from the property.

(2) The policies and procedures established by a county or municipality under paragraph (1) of this subsection shall include:

(i) Guidelines for determining which on–site systems, facilities, services, or activities may be the basis for a fee reduction, including guidelines:

1. Relating to properties with existing advanced stormwater best management practices;

2. Relating to agricultural activities or facilities that are otherwise exempted from stormwater management requirements by the county or municipality; and

3. That account for the costs of, and the level of treatment provided by, stormwater management facilities that are funded and maintained by a property owner;

(ii) The method for calculating the amount of a fee reduction; and

(iii) Procedures for monitoring and verifying the effectiveness of the on–site systems, facilities, services, or activities in reducing the quantity or improving the quality of stormwater discharged from the property.

(3) For the purpose of monitoring and verifying the effectiveness of on–site systems, facilities, services, or activities under paragraph (2)(iii) of this subsection, a county or municipality may:

(i) Conduct on–site inspections;

(ii) Authorize a third party, certified by the Department, to conduct on–site inspections on behalf of the county or municipality; or

(iii) Require a property owner to hire a third party, certified by the Department, to conduct an on–site inspection and provide to the county or municipality the results of the inspection and any other information required by the county or municipality.

(g) (1) A property may not be assessed a stormwater remediation fee by both a county and a municipality.

(2) (i) Before a county may impose a stormwater remediation fee on a property located within a municipality, the county shall:

1. Notify the municipality of the county’s intent to impose a stormwater remediation fee on property located within the municipality; and

2. Provide the municipality reasonable time to pass an ordinance authorizing the imposition of a municipal stormwater remediation fee instead of a county stormwater remediation fee.

(ii) If a county currently imposes a stormwater remediation fee on property located within a municipality and the municipality decides to implement its own stormwater remediation fee under this section or § 4–204 of this subtitle, the municipality shall:

1. Notify the county of the municipality’s intent to impose its own stormwater remediation fee; and

2. Provide the county reasonable time to discontinue the collection of the county stormwater remediation fee within the municipality before the municipality’s stormwater remediation fee becomes effective.

(3) A county or municipality shall establish a procedure for a property owner to appeal a stormwater remediation fee imposed under this section.

(h) (1) (i) If a county or municipality establishes a stormwater remediation fee under this section, the county or municipality shall determine the method, frequency, and enforcement of the collection of the stormwater remediation fee.

(ii) A county or municipality shall include the following statement on a bill or on an insert to a bill to collect a stormwater remediation fee: “This is a local government fee established in response to federal stormwater management requirements. The federal requirements are designed to prevent local sources of pollution from reaching local waterways.”.

(2) A county or municipality shall deposit any stormwater remediation fees it collects into its local watershed protection and restoration fund.

(3) There shall be deposited in a local watershed protection and restoration fund:

(i) Any funds received from the stormwater remediation fee;

(ii) Funds received under subsections (c)(2) and (e)(2) of this section;

(iii) Interest or other income earned on the investment of money in the local watershed protection and restoration fund; and

(iv) Any additional money made available from any sources for the purposes for which the local watershed protection and restoration fund has been established.

(4) Subject to paragraph (5) of this subsection, a county or municipality shall use the money in its local watershed protection and restoration fund for the following purposes only:

(i) Capital improvements for stormwater management, including stream and wetland restoration projects;

(ii) Operation and maintenance of stormwater management systems and facilities;

(iii) Public education and outreach relating to stormwater management or stream and wetland restoration;

(iv) Stormwater management planning, including:

1. Mapping and assessment of impervious surfaces; and

2. Monitoring, inspection, and enforcement activities to carry out the purposes of the watershed protection and restoration fund;

(v) To the extent that fees imposed under § 4–204 of this subtitle are deposited into the local watershed protection and restoration fund, review of stormwater management plans and permit applications for new development;

(vi) Grants to nonprofit organizations for up to 100% of a project’s costs for watershed restoration and rehabilitation projects relating to:

1. Planning, design, and construction of stormwater management practices;

2. Stream and wetland restoration; and

3. Public education and outreach related to stormwater management or stream and wetland restoration; and

(vii) Reasonable costs necessary to administer the local watershed protection and restoration fund.

(5) A county or municipality may use its local watershed protection and restoration fund as an environmental fund, and may deposit to and expend from the fund additional money made available from other sources and dedicated to environmental uses, provided that the funds received from the stormwater remediation fee, if any, are expended only for the purposes authorized under paragraph (4) of this subsection.

(6) Money in a local watershed protection and restoration fund may not revert or be transferred to the general fund of any county or municipality.

(i) A county or municipality shall report annually, in a manner determined by the Department, on:

(1) The number of properties subject to a stormwater remediation fee, if any;

(2) Any funding structure developed by the county or municipality, including the amount of money collected from each classification of property assessed a fee, if any;

(3) The amount of money deposited into the watershed protection and restoration fund in the previous fiscal year by source;

(4) The percentage and amount of funds in the local watershed protection and restoration fund spent on each of the purposes provided in subsection (h)(4) of this section;

(5) All stormwater management projects implemented in the previous fiscal year; and

(6) Any other information that the Department determines is necessary.

(j) (1) (i) On or before July 1, 2016, and every 2 years thereafter on the anniversary of the date of issuance of its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit, a county, including Montgomery County, or municipality shall file with the Department a financial assurance plan that clearly identifies:

1. Actions that will be required of the county or municipality to meet the requirements of its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit;

2. Projected annual and 5–year costs for the county or municipality to meet the impervious surface restoration plan requirements of its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit;

3. Projected annual and 5–year revenues or other funds that will be used to meet the costs for the county or municipality to meet the impervious surface restoration plan requirements of its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit;

4. Any sources of funds that will be utilized by the county or municipality to meet the requirements of its national pollutant elimination system Phase I municipal separate storm sewer system permit; and

5. Specific actions and expenditures that the county or municipality implemented in the previous fiscal years to meet its impervious surface restoration plan requirements under its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit.

(ii) A county or municipality that files a financial assurance plan under subsection (c)(2) of this section shall file on or before July 1, 2016, a financial assurance plan that meets the requirements of paragraph (4) of this subsection.

(2) A financial assurance plan shall demonstrate that the county or municipality has sufficient funding in the current fiscal year and subsequent fiscal year budgets to meet its estimated costs for the 2–year period immediately following the filing date of the financial assurance plan.

(3) A county or municipality may not file a financial assurance plan under this subsection until the local governing body of the county or municipality:

(i) Holds a public hearing on the financial assurance plan; and

(ii) Approves the financial assurance plan.

(4) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, the Department shall make a decision whether the financial assurance plan demonstrates sufficient funding within 90 days after the county or municipality filed the financial assurance plan with the Department.

(ii) For a financial assurance plan that is filed on or before July 1, 2016, funding in the financial assurance plan is sufficient if the financial assurance plan demonstrates that the county or municipality has dedicated revenues, funds, or sources of funds to meet, for the 2–year period immediately following the filing date of the financial assurance plan, 75% of the projected costs of compliance with the impervious surface restoration plan requirements of the county or municipality under its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit over that 2–year period.

(iii) For the filing of a second and subsequent financial assurance plan, funding in the financial assurance plan is sufficient if the financial assurance plan demonstrates that the county or municipality has dedicated revenues, funds, or sources of funds to meet, for the 2–year period immediately following the filing date of the financial assurance plan, 100% of the projected costs of compliance with the impervious surface restoration plan requirements of the county or municipality under its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit over the 2–year period.

(5) (i) If the Department determines that the funding in the financial assurance plan filed on or before July 1, 2016, is insufficient to meet, for the 2–year period immediately following the filing date of the financial assurance plan, 75% of the projected costs of compliance with the impervious surface restoration plan requirements of the county or municipality under its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit, the Department shall issue a warning to the county or municipality and engage with the county or municipality on the development of a plan for meeting the projected costs of compliance.

(ii) 1. If the Department determines that the funding in the second or subsequent financial assurance plan is insufficient to meet, for the 2–year period immediately following the filing date of the financial assurance plan, 100% of the projected costs of compliance with the impervious surface restoration plan requirements of the county or municipality under its national pollutant discharge elimination system Phase I municipal separate storm sewer system permit, in addition to any other remedy available at law or in equity the Department shall impose an administrative penalty of:

A. For a first offense, up to $5,000 for each day until the funding in the financial assurance plan is determined to be sufficient in accordance with paragraph (4)(iii) of this subsection; and

B. For a second and subsequent offense, up to $10,000 for each day until the funding in the financial assurance plan is determined to be sufficient in accordance with paragraph (4)(iii) of this subsection.

2. Any penalty collected by the Department from a county or municipality under this subparagraph shall be paid into an escrow account to be used by the county or municipality for stormwater management projects pending a determination by the Department that funding in the financial assurance plan is sufficient.

(6) A financial assurance plan required under this subsection shall be made publicly available on the Department’s website within 14 days after the county or municipality filed the financial assurance plan with the Department.

(7) Beginning September 1, 2016, and every year thereafter, the Department shall submit a report evaluating the compliance of counties and municipalities with the requirements of this section to the Governor and, in accordance with § 2–1257 of the State Government Article, the Senate Education, Health, and Environmental Affairs Committee and the House Environment and Transportation Committee.

(k) (1) If a county or municipality establishes a stormwater remediation fee under this section, the county or municipality shall establish a program to exempt from the requirements of this section any property able to demonstrate substantial financial hardship as a result of the stormwater remediation fee.

(2) A county or municipality may establish a separate hardship exemption program or include a hardship exemption as part of a system of offsets established under subsection (f)(1) of this section.

(3) (i) A county or municipality shall authorize a charitable nonprofit group or organization that is exempt from taxation under § 501(c)(3) or (d) of the Internal Revenue Code and can demonstrate substantial financial hardship to implement an alternate compliance plan in lieu of paying a stormwater remediation fee for property owned by the group or organization.

(ii) 1. Subject to subsubparagraph 2 of this subparagraph, the Department may adopt regulations to establish the alternate compliance plan authorized under subparagraph (i) of this paragraph.

2. The regulations adopted by the Department under subsubparagraph 1 of this subparagraph do not apply in a county that has implemented an alternate compliance program before July 1, 2015.

(l) The Department may adopt regulations to implement and enforce this section.
Md. Code, Housing and Community Development § 4-401 — MD Code / Article ghs / Title 4 / Subtitle 4 / Section 4-401
§4–401.
Status: in_force

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

(b) “Fund” means the Rental Housing Fund established under § 4–504 of this title.

(c) “Household of limited income” means one or more individuals who occupy the same residential dwelling unit and whose total household income does not exceed the upper income limits established by the Secretary for the Program under § 4–404 of this subtitle.

(d) “Office or other commercial space conversion” means the conversion to rental housing of a building that:

(1) is in a sustainable community as defined in § 6–301 of this article;

(2) was built more than 30 years before an application is submitted to the Department to finance the conversion;

(3) consists of at least two floors at or above ground level; and

(4) was last used as office or other commercial space.

(e) “Program” means the Rental Housing Program.

(f) “Rental housing project” means a project eligible for financial assistance under § 4–407 of this subtitle.
Md. Code, Tax - General § 4-102 — MD Code / Article gtg / Title 4 / Subtitle 1 / Section 4-102
§4–102.
Status: in_force

(a) In this section, “net proceeds” means the total receipts from the operation of an electronic bingo machine or electronic tip jar machine less the amount of money winnings or prizes paid out to players.

(b) A county may impose, by resolution, a tax on:

(1) the gross receipts derived from any admissions and amusement charge in that county; and

(2) an admission in that county for a reduced charge or at no charge to a place if there is a charge for other admissions to the place.

(c) A municipal corporation may impose, by ordinance or resolution, a tax on:

(1) the gross receipts derived from any admissions and amusement charge in that municipal corporation; and

(2) an admission in that municipal corporation for a reduced charge or at no charge to a place if there is a charge for other admissions to the place.

(d) The Stadium Authority may impose a tax on:

(1) the gross receipts derived from any admissions and amusement charge for an admission to a facility owned or leased by the Stadium Authority; and

(2) an admission for a reduced charge or at no charge to a facility owned or leased by the Stadium Authority if there is a charge for other admissions to the facility.

(e) A State tax is imposed on the net proceeds derived from any charge for the operation of an electronic bingo machine permitted under a commercial bingo license or an electronic tip jar machine authorized under Title 13 of the Criminal Law Article that is operated for commercial purposes.

(f) (1) The State and local admissions and amusement taxes applicable to electronic instant bingo shall be determined on a tax–included or separately stated basis.

(2) Notwithstanding any other provision of this section, other State and local admissions and amusement taxes applied under this section may be determined on a tax–included or separately stated basis.
Md. Code, Environment § 4-501 — MD Code / Article gen / Title 4 / Subtitle 5 / Section 4-501
§4–501.
Status: in_force

(a) Any person who violates any provision of this title is guilty of a misdemeanor. Upon conviction in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, the person is subject to a fine not exceeding $500, or imprisonment not exceeding three months, or both, with costs imposed in the discretion of the court. Every fine and cost shall be paid in accordance with § 7–503 of the Courts Article.

(b) Any person found guilty of a second or subsequent violation of any provision of this title in a court of competent jurisdiction, unless another penalty is specifically provided elsewhere in this title, is subject to a fine not exceeding $1,000, or imprisonment not exceeding one year, or both with costs imposed in the discretion of the court. For the purpose of this subsection, a second or subsequent violation is one which has occurred within 2 years of any prior violation of this title.

(c) In addition to any administrative penalty provided in this title, violation of any rule or regulation or restriction promulgated by any unit within the Department of the Environment pursuant to the provisions of this title is a misdemeanor and is punishable as provided in subsections (a) and (b) of this section.
Md. Code, Agriculture § 4-311.3 — MD Code / Article gag / Title 4 / Subtitle 3 / Section 4-311.3
§4–311.
Status: in_force

§4–311.3.

(a) Unless a registration for a packer or distributor of shell eggs is renewed for a 1-year term, the registration expires on January 1.

(b) Before a registration expires, the registration may be renewed for an additional 1-year term, if the applicant:

(1) Is a packer or distributor of shell eggs;

(2) Pays the applicable fee as provided in § 4-311.2 of this subtitle; and

(3) Submits to the Secretary a renewal application on a form that the Secretary provides.

(c) The packer or distributor shall display the registration conspicuously at each place of business.

(d) The packer or distributor shall notify the Secretary if the packer’s or distributor’s business is moved to a new location.
Md. Code, Corporations and Associations § 4A-603 — MD Code / Article gca / Title 4A / Subtitle 6 / Section 4A-603
§4A–603.
Status: in_force

(a) Unless otherwise agreed:

(1) Only an economic interest in a limited liability company may be assigned; and

(2) An economic interest is wholly or partly assignable.

(b) An assignment of an economic interest in a limited liability company does not:

(1) Dissolve the limited liability company; or

(2) Entitle the assignee to:

(i) Become a member; or

(ii) Exercise any rights of a member, including the noneconomic interest of the assignor.

(c) If an assignee of an economic interest in a limited liability company becomes a member of the limited liability company, the assignor is not released from the assignor’s liability under § 4A–502 of this title to the limited liability company.

(d) Unless otherwise agreed, on assignment of all of a member’s economic interest in a limited liability company, the member ceases to be a member of the limited liability company and forfeits the member’s noneconomic interest in the limited liability company.

(e) The pledge or grant of a security interest, lien, or other encumbrance in or against all or a part of the economic interest of a member does not cause the member to cease to be a member or affect the member’s noneconomic interest in the limited liability company.
Md. Code, Family Law § 4-301 — MD Code / Article gfl / Title 4 / Subtitle 3 / Section 4-301
§4–301.
Status: in_force

(a) (1) An individual is not liable for:

(i) any debt contracted by the individual’s spouse before the marriage; or

(ii) any claim or demand against the spouse that arose before the marriage.

(2) The debtor spouse and that spouse’s property are liable for the debt as if the marriage had not occurred.

(b) A husband is not liable:

(1) for a tort that is committed:

(i) separately by his wife; and

(ii) without his participation or sanction; or

(2) on a contract made by his wife in her own name and on her own responsibility.

(c) A judgment or decree in a proceeding under § 4-205(b) of this title shall:

(1) be passed against the wife only; and

(2) operate only on the property she owned individually before or after the marriage.

(d) (1) Except as provided in paragraph (2) of this subsection, the property that a woman owns at the time of her marriage, or acquires after her marriage, is not liable for the payment of her husband’s debts.

(2) (i) A transfer of property between spouses is invalid if made in prejudice of the rights of present creditors.

(ii) A claim under this paragraph shall be asserted within 3 years after the transfer or be barred absolutely.

(iii) For purposes of this paragraph, all claims are considered due and matured.
Md. Code, General Provisions § 4-320.1 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-320.1
§4–320.
Status: in_force

§4–320.1.

(a) In this section, “facial recognition” means a biometric software application that identifies or verifies a person by comparing and analyzing patterns based on a person’s facial contours.

(b) (1) Notwithstanding any other provision of this title, an officer, an employee, an agent, or a contractor of the State or a political subdivision shall deny inspection of the part of a public record that contains personal information or inspection of a photograph of an individual by any federal agency seeking access for the purpose of enforcing federal immigration law, unless the officer, employee, agent, or contractor is provided with a valid warrant issued by a federal court or a court of this State.

(2) Notwithstanding any other provision of this title, an officer, an employee, an agent, or a contractor of the State or a political subdivision shall deny inspection using a facial recognition search of a digital photographic image or actual stored data of a digital photographic image by any federal agency seeking access for the purpose of enforcing federal immigration law, unless the officer, employee, agent, or contractor is provided with a valid warrant issued by a federal court or a court of this State.

(3) On or before June 1, 2023, and each June 1 thereafter, the Motor Vehicle Administration, the Department of State Police, and the Department of Public Safety and Correctional Services shall, with respect to requests from federal agencies seeking access for the purpose of federal immigration enforcement for personal information, a photograph of an individual, or a facial recognition search, whether or not the request was initiated through a State or local law enforcement agency, report to the General Assembly, in accordance with § 2–1257 of the State Government Article, the following information for the immediately preceding calendar year:

(i) the number of requests received from any federal agency for personal information, a photograph of an individual, or a facial recognition search;

(ii) the number of requests received from any federal agency for personal information, a photograph of an individual, or a facial recognition search for which a valid warrant issued by a federal court or a court of this State was provided;

(iii) the number and purpose of facial recognition searches completed for any federal agency based on personal information or a photograph of an individual provided to the federal agency by the Motor Vehicle Administration, the Department of State Police, or the Department of Public Safety and Correctional Services; and

(iv) the number of individuals whose personal information or photograph was provided to any federal agency by, respectively, the Motor Vehicle Administration, the Department of State Police, and the Department of Public Safety and Correctional Services.
Md. Code, Education § 4-401 — MD Code / Article ged / Title 4 / Subtitle 4 / Section 4-401
§4–401.
Status: in_force

(a) The purpose of the county board is to:

(1) Maintain throughout the county a reasonably uniform system of public schools that is designed to provide quality education and equitable educational opportunity for all children;

(2) Raise the level of academic achievement of the students in the Prince George’s County public school system; and

(3) Raise the level of engagement of the parents, students, and community as a whole.

(b) (1) Subject to paragraph (2) of this subsection, the county board shall establish an audit committee to ensure that public funds for the county school system are spent equitably across all the schools in the county school system.

(2) Nothing in this subsection may be construed to alter the mandatory allocation of funding to individual schools required under Title 5 of this article, including the minimum school funding required under § 5–234 of this article.
Md. Code, Housing and Community Development § 4-2701 — MD Code / Article ghs / Title 4 / Subtitle 27 / Section 4-2701
§4–2701.
Status: in_force

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

(b) (1) “Service provider” means a public or private nonprofit organization that provides shelter and supportive services to unaccompanied minors in need of shelter.

(2) “Service provider” includes a host home program.

(c) “Supportive services” means interventions, services, or resources necessary to assist unaccompanied minors in need of shelter in acquiring or maintaining:

(1) stable housing;

(2) permanent connections, including ongoing attachments to families, communities, schools, and other positive social networks;

(3) education and employment, including high performance in completion of education and training activities, especially for younger youth, and starting and maintaining adequate and stable employment, particularly for older youth; or

(4) social and emotional well–being, including the development of key competencies, attitudes, and behaviors that equip a young person to succeed across multiple domains of daily life, including school, work, relationships, and community.

(d) “Unaccompanied minor in need of shelter” means a minor:

(1) who is not in the physical custody of a parent or legal guardian; and

(2) (i) who lacks a fixed, regular, and adequate nighttime residence as defined in the McKinney–Vento Homeless Assistance Act; or

(ii) whose status or circumstances indicate a significant danger of experiencing homelessness in the near future.
Md. Code, Housing and Community Development § 4-2802 — MD Code / Article ghs / Title 4 / Subtitle 28 / Section 4-2802
§4–2802.
Status: in_force

(a) There is an Appraisal Gap From Historic Redlining Financial Assistance Program in the Department.

(b) The purpose of the Program is to help close appraisal gaps that occur in historically redlined neighborhoods by making financial assistance available to:

(1) affordable housing developers working in low–income census tracts and sustainable communities; and

(2) individuals who purchase a qualified property:

(i) after a qualified project is completed;

(ii) at an affordable sales price as determined by regulations adopted by the Department; and

(iii) as an owner–occupant.
Md. Code, Natural Resources § 4-1021.2 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1021.2
§4–1021.
Status: in_force

§4–1021.2.

(a) The Department may adopt regulations governing the use of patent tongs to harvest hard–shell clams in areas of Somerset County where the use of patent tongs to catch oysters is authorized.

(b) (1) This subsection applies only in Somerset County.

(2) A person may not catch hard–shell clams with patent tongs:

(i) Between sunset on any day and sunrise the following day; or

(ii) On Sundays.

(3) The season for catching hard–shell clams with patent tongs is the same as the season for catching oysters with patent tongs as provided in § 4–1008.1 of this subtitle or as altered by regulations adopted under § 4–2A–05 of this title.
Md. Code, Corporations and Associations § 4-403 — MD Code / Article gca / Title 4 / Subtitle 4 / Section 4-403
§4–403.
Status: in_force

A stockholder of a close corporation or his agent may inspect and copy during usual business hours any records or documents of the corporation relevant to its business and affairs, including any:

(1) Bylaws;

(2) Minutes of the proceedings of the stockholders and directors;

(3) Annual statement of affairs;

(4) Stock ledger; and

(5) Books of account.
Md. Code, Housing and Community Development § 4-2703 — MD Code / Article ghs / Title 4 / Subtitle 27 / Section 4-2703
§4–2703.
Status: in_force

(a) (1) Before providing shelter and supportive services to an unaccompanied minor in need of shelter, a service provider shall:

(i) register with the Department;

(ii) develop and implement a procedure to screen each staff member who works with minors, including through a State and national criminal history records check or a private agency background check conducted in accordance with § 4–2708 of this subtitle; and

(iii) obtain written consent from the unaccompanied minor in need of shelter.

(2) The written consent from the unaccompanied minor in need of shelter shall state the minor’s:

(i) age;

(ii) guardianship status, if known; and

(iii) living situation.

(b) A service provider may not provide shelter to a minor if the service provider has knowledge that the minor:

(1) knowingly provided false information in the written consent required under subsection (a) of this section; or

(2) does not meet the definition of an unaccompanied minor in need of shelter under this subtitle.
Md. Code, Insurance § 4-304 — MD Code / Article gin / Title 4 / Subtitle 3 / Section 4-304
§4–304.
Status: in_force

(a) (1) A life insurer’s or fraternal benefit society’s risk based capital shall be determined in accordance with the formula set forth in the RBC instructions.

(2) By applying the factors in the manner set forth in the RBC instructions, the formula shall take into account and may adjust for the covariance between:

(i) the risk with respect to the life insurer’s or fraternal benefit society’s assets;

(ii) the risk of adverse insurance experience with respect to the life insurer’s or fraternal benefit society’s liabilities and obligations;

(iii) the interest rate risk with respect to the life insurer’s or fraternal benefit society’s business; and

(iv) all other business risks and other relevant risks as set forth in the RBC instructions.

(b) (1) Except as provided in subsection (a) of this section, an insurer’s risk based capital shall be determined in accordance with the formula set forth in the RBC instructions.

(2) By applying the factors in the manner set forth in the RBC instructions, the formula shall take into account and may adjust for the covariance between:

(i) asset risk;

(ii) credit risk;

(iii) underwriting risk; and

(iv) all other business risks and other relevant risks as set forth in the RBC instructions.
Md. Code, Economic Development § 4-508 — MD Code / Article gec / Title 4 / Subtitle 5 / Section 4-508
§4–508.
Status: in_force

(a) The exercise of the powers and performance of duties of the Council under this subtitle is subject to the approval of the Secretary.

(b) The Council may:

(1) adopt regulations to carry out this subtitle;

(2) enter into contracts and agreements;

(3) obtain services;

(4) ask any other unit of the State for assistance and data that enable the Council to carry out its powers and duties;

(5) accept federal money for any purpose of this subtitle;

(6) accept gifts, donations, or bequests for any purpose of this subtitle; and

(7) carry out this subtitle.
Md. Code, Agriculture § 4-130 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-130
§4–130.
Status: in_force

Notwithstanding any penalty provided by the provisions of this article, any person who violates the provisions of § 4–123 of this subtitle is guilty of a misdemeanor and, on conviction, is subject to imprisonment not exceeding six months, or a fine not exceeding $3,000, or both. If the violation is committed after the first conviction becomes final, the person is subject to imprisonment not exceeding one year, or a fine not exceeding $5,000, or both. If the violation is committed after the second conviction becomes final, the person is subject to imprisonment not exceeding two years, or a fine not exceeding $10,000, or both. The court may impose costs in its discretion.
Md. Code, State Finance and Procurement § 4-303 — MD Code / Article gsf / Title 4 / Subtitle 3 / Section 4-303
§4–303.
Status: in_force

The Secretary may delegate any power or duty set forth in Part I or Part II of this subtitle or Division II of this article to the Chief Procurement Officer of the Office of State Procurement.
Md. Code, Health Occupations § 4-405 — MD Code / Article gho / Title 4 / Subtitle 4 / Section 4-405
§4–405.
Status: in_force

A dental laboratory may make dental appliances for research, technique samples, or training purposes:

(1) Without a work authorization if the dental laboratory annually secures permission from the Board to use plastic typdont or dentoform type models for this fabrication; or

(2) Under a work authorization signed by a licensed dentist that gives the dental laboratory permission to use the dentist’s cast of a particular patient and that contains:

(i) The name and address of the dental laboratory;

(ii) Patient identification by name or number;

(iii) The date on which the written work authorization form was completed; and

(iv) The name and license number of the dentist who signs the form.
Md. Code, Commercial Law § 4A-401 — MD Code / Article gcl / Title 4A / Subtitle 4 / Section 4A-401
§4A–401.
Status: in_force

“Payment date” of a payment order means the day on which the amount of the order is payable to the beneficiary by the beneficiary’s bank. The payment date may be determined by instruction of the sender but cannot be earlier than the day the order is received by the beneficiary’s bank and, unless otherwise determined, is the day the order is received by the beneficiary’s bank.
Md. Code, Public Utilities § 4-304 — MD Code / Article gpu / Title 4 / Subtitle 3 / Section 4-304
§4–304.
Status: in_force

(a) In this section, “jurisdiction” means a county or municipal corporation.

(b) This section does not apply if rates for sewage disposal service are specified in a contract between the jurisdictions that supply and receive the sewage disposal service.

(c) The Commission shall set only the rates for sewage disposal service that one jurisdiction supplies within the taxable limits of another jurisdiction:

(1) on written application by the jurisdiction that receives the service; and

(2) in the same way as rates are set for sewage disposal companies.
Md. Code, Local Government § 4-102 — MD Code / Article glg / Title 4 / Subtitle 1 / Section 4-102
§4–102.
Status: in_force

There is one class of municipalities in the State, and every municipality is a member of that class.
Md. Code, State Finance and Procurement § 4-402 — MD Code / Article gsf / Title 4 / Subtitle 4 / Section 4-402
§4–402.
Status: in_force

(a) Except as provided in § 4–409 of this subtitle, this subtitle does not apply to any public improvement made by:

(1) the Department of Transportation or a unit in that Department;

(2) any housing authority created under Division II of the Housing and Community Development Article;

(3) the Maryland–National Capital Park and Planning Commission;

(4) the Washington Suburban Sanitary Commission;

(5) the Baltimore County Metropolitan District;

(6) a county, municipal corporation, or unit of a county or municipal corporation;

(7) the University System of Maryland;

(8) Morgan State University;

(9) St. Mary’s College of Maryland; or

(10) Baltimore City Community College, if the value of the contract for the public improvement is $500,000 or less.

(b) The Board of Public Works may exempt specific projects of a unit of the State government from the provisions of this subtitle.

(c) The Board of Public Works shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article establishing procedures for the exemption of specific projects of units of State government under subsection (b) of this section.
Md. Code, Corporations and Associations § 4A-1007 — MD Code / Article gca / Title 4A / Subtitle 10 / Section 4A-1007
§4A–1007.
Status: in_force

(a) If a foreign limited liability company is doing or has done any intrastate, interstate, or foreign business in this State without complying with the requirements of this subtitle, the foreign limited liability company and any person claiming under it may not maintain suit in any court of this State, unless the limited liability company shows to the satisfaction of the court that:

(1) The foreign limited liability company or the person claiming under it has paid the penalty specified in subsection (d)(1) of this section; and

(2) (i) The foreign limited liability company or a successor to it has complied with the requirements of this title; or

(ii) The foreign limited liability company and any foreign limited liability company successor to it are no longer doing intrastate, interstate, or foreign business in this State.

(b) The failure of a foreign limited liability company to register in this State does not impair the validity of a contract or act of the foreign limited liability company or prevent the foreign limited liability company from defending any action, suit, or proceeding in a court of this State.

(c) A foreign limited liability company, by doing business in this State without registration, appoints the Department as its agent for service of process with respect to causes of action arising out of doing business in this State.

(d) (1) (i) If a foreign limited liability company does any intrastate, interstate, or foreign business in this State without registering, the Department shall impose a penalty of $200 on the limited liability company.

(ii) The penalty under this subsection shall be collected and may be reduced or abated under § 14-704 of the Tax - Property Article.

(2) Each member of a foreign limited liability company that does intrastate, interstate, or foreign business in this State without registering, and each agent of the foreign limited liability company who transacts intrastate, interstate, or foreign business in this State for it is guilty of a misdemeanor and on conviction is subject to a fine of not more than $1,000.
Md. Code, Corporations and Associations § 4A-404 — MD Code / Article gca / Title 4A / Subtitle 4 / Section 4A-404
§4A–404.
Status: in_force

Wherever this title requires the unanimous consent of the members to allow the limited liability company to act:

(1) The consent shall be in writing; and

(2) The operating agreement may provide that:

(i) 1. The action may be taken on consent of less than all of the members;

2. The consent of certain members or classes of members is not required to take the action; or

3. No consent of a member or members is required to take the action; and

(ii) The action may be taken only with the consent of one or more persons who is or are not a member or members of the limited liability company, in which case the consent of that person or those persons shall be required in order for the limited liability company to take the action.
Md. Code, Human Services § 4-302 — MD Code / Article ghu / Title 4 / Subtitle 3 / Section 4-302
§4–302.
Status: in_force

The Administration may:

(1) accept any federal funds or commodities;

(2) manage and dispose of any federal funds or commodities as required by federal law; and

(3) apply the federal Social Security Act or any other federal law relating to social services to the benefit of the State.
Md. Code, Agriculture § 4-308 — MD Code / Article gag / Title 4 / Subtitle 3 / Section 4-308
§4–308.
Status: in_force

(a) A person may not sell or deliver shell eggs to a distributor, retailer, or food service facility unless at the time of delivery the person provides an invoice delivery ticket accurately detailing the sale of the shell eggs in accordance with this section.

(b) Each invoice delivery ticket shall contain on its face the following information:

(1) Delivery date;

(2) Name and address of the seller;

(3) Name and address of the purchaser;

(4) The registration number, if any, of the purchaser;

(5) The quantity;

(6) The grade and size of the shell eggs delivered; and

(7) The inspection fee, if applicable.
Md. Code, Housing and Community Development § 4-1701 — MD Code / Article ghs / Title 4 / Subtitle 17 / Section 4-1701
§4–1701.
Status: in_force

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

(b) “Family of limited income” means a family or individual that qualifies under § 4-1706 of this subtitle.

(c) “Owner-builder” means an individual or family that provides all, or a substantial amount, as the Department determines, of the labor to build a dwelling that will be the principal residence of the individual or family.

(d) “Program” means the Self-Help Homeownership Technical Assistance Program.

(e) “Project” means six or more dwellings near one another that are built or rehabilitated by owner-builders or self-help rehabilitators who use self-help methods and work as a team on each other’s dwellings.

(f) “Self-help rehabilitator” means an individual or family that provides all, or a substantial amount, as the Department determines, of the labor to rehabilitate, renovate, or improve the principal residence of the individual or family.

(g) “Technical assistance grant” means a grant under the Program.
Md. Code, Human Services § 4-202 — MD Code / Article ghu / Title 4 / Subtitle 2 / Section 4-202
§4–202.
Status: in_force

The Administration and the Executive Director exercise their authority, duties, and functions under any State law subject to the authority of the Secretary under any State law.
Md. Code, Agriculture § 4-101 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-101
§4–101.
Status: in_force

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

(b) Any carcass, part of any carcass, or meat food product is “adulterated” if:

(1) It bears or contains any poisonous or deleterious substance which may render it injurious to health. However, if the substance is not an added substance, the article shall not be considered adulterated under this clause if the quantity of the substance in or on the article ordinarily does not render it injurious to health;

(2) Any substance is administered to it so that it bears or contains any added poisonous or deleterious substance which may make the article unfit for human food and which is prohibited in the quantity present under the Federal Meat Inspection Act;

(3) It wholly or partially consists of any filthy, putrid, or decomposed substance or is for any other reason unsound, unhealthful, unwholesome, or otherwise unfit for human food;

(4) It has been prepared, packed, or held under insanitary conditions that may have contaminated it with filth, or that may have rendered it injurious to health;

(5) It is wholly or partially the product of an animal which has died other than by slaughter;

(6) Its container is composed, wholly or partially, of any poisonous or deleterious substance which may render the contents injurious to health;

(7) It intentionally has been subjected to radiation, unless the use of radiation was permissible under the Federal Meat Inspection Act and approved under this subtitle;

(8) Any valuable constituent has been omitted or abstracted wholly or partially from it; if any substance has been substituted, wholly or partially, for it; if damage or inferiority has been concealed in any manner; or if any substance has been added to it or mixed or packed with it so as to increase its bulk or weight, or reduce its quality or strength, or make it appear better or of greater value than it is; or

(9) It is margarine containing animal fat and any of the raw material used in the margarine consists wholly or partially of any filthy, putrid, or decomposed substance.

(c) “Animal food manufacturer” means any person engaged in the business of manufacturing or processing animal food derived wholly or partially from any carcass of livestock, or parts or products of it.

(d) “Capable of use as human food” applies to any livestock carcass, or part or product of it, that is not denatured, not naturally inedible by humans, or not identified as required by the departmental rules and regulations to deter its use as human food.

(e) “Carcass” means every part, including viscera, of any slaughtered livestock capable of use as human food.

(f) “Color additive” has the same meaning as under the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938.

(g) “Federal Meat Inspection Act” means the act of Congress approved March 4, 1907 (34 Stat. 1260), as amended by the Wholesome Meat Act (81 Stat. 584).

(h) “Food additive” has the same meaning as under the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938.

(i) “Inspector” means a State employee or government employee authorized by the Secretary to inspect livestock or carcasses, parts of them, meat or meat food products.

(j) “Label” means a display of written, printed, or graphic matter on the immediate container, not including the package liner of any article.

(k) “Labeling” means every label and other written, printed, or graphic matter (1) upon any article or any of its containers or wrappers, or (2) accompanying the article.

(l) “Meat” means the edible part of the muscle of livestock which is skeletal or which is found in the tongue, diaphragm, heart, or esophagus, with or without the accompanying and overlying fat, and the portions of bone, skin, sinew, nerve, and blood vessels which normally accompany the muscle tissue and which are not separated from it in the process of dressing. It does not include the muscle found in the lips, snout, or ears.

(m) “Meat broker” means any person engaged in the business of buying or selling livestock carcasses, parts of them, or meat food products, on commission, or negotiating purchases or sales of these articles, other than for his own account or as an employee of another person.

(n) “Meat by–product” means any edible part other than meat which has been derived from livestock.

(o) “Meat food product” means any product capable of use as human food which is made wholly or partially from any meat or other portion of the carcass of any livestock. The term does not apply to a product (i) containing meat or other portions of the carcasses only in a relatively small proportion, or (ii) which historically has not been considered by consumers as a product of the meat food industry, and (iii) which is exempted from the definition of a meat food product by departmental rules and regulations.

(p) Any carcass, part of any carcass, or meat food product is “misbranded” if:

(1) Its labeling is false or misleading in any particular;

(2) It is offered for sale under the name of another food;

(3) It is an imitation of another food, unless its label bears, in type of uniform size and prominence, the word “imitation” and immediately after it, the name of the food imitated;

(4) Its container is made, formed, or filled so that it is misleading;

(5) It is in a package or other container that does not bear a label showing (i) the name and place of business of the manufacturer, packer, or distributor, and (ii) an accurate statement of the quantity of the contents in terms of weight, measure, or numerical count. Under clause (ii) of this paragraph (5), reasonable variations may be permitted, and exemptions for small packages may be established by departmental rules and regulations;

(6) Any word, statement, or other information, required by or under authority of this subtitle to appear on the label or other labeling, is not placed on it prominently and conspicuously, as compared with other words, statements, designs, or devices in the labeling and is not in terms that render it likely to be read and understood by the ordinary individual under customary conditions of purchase and use;

(7) It purports to be or is represented as a food for which a definition and standard of identity or composition has been prescribed by rule or regulation adopted under § 4–112 of this subtitle, unless (i) it conforms to the definition and standard, (ii) its label bears the name of the food specified in the definition and standard, and (iii) its label bears the common names of optional ingredients, other than spices, flavoring, and coloring, present in the food as required by rule or regulation;

(8) It purports to be or is represented as a food for which a standard of fill of container is prescribed by rules and regulations adopted under § 4–112 of this subtitle, and it falls below the standard of fill of container applicable to it, unless its label bears a statement that it falls below the standard, in the manner and form as the rules and regulations specify;

(9) It is not subject to the provisions of paragraph (7) of this subsection, unless its label bears (i) the common or usual name of the food, if any, and (ii) in case it is fabricated from two or more ingredients, the common or usual name of each ingredient. However, the Secretary may authorize spices, flavorings, and colorings to be designated as spices, flavorings, and colorings, without requiring the naming of each. In addition, the Secretary may establish exemptions by rules and regulations under this subtitle to the extent that compliance with the requirements of clause (ii) of this paragraph (9) is not feasible or results in deception or unfair competition;

(10) It purports to be or is represented for special dietary uses, unless its label bears information concerning its vitamin, mineral, and other dietary properties as the rule or regulation prescribes as necessary to inform fully purchasers as to its value for special dietary uses;

(11) It bears or contains any artificial flavoring, artificial coloring, or chemical preservative, unless it bears labeling stating that fact. However, the Secretary may establish exemptions by rules and regulations under this subtitle to the extent that compliance with the requirements of this paragraph (11) is not feasible; or

(12) It fails to bear, directly on it or on its containers, as rules and regulations prescribe, the inspection legend and other information, as required by departmental rules and regulations adopted under this subtitle.

(q) “Official certificate” means any certificate adopted by departmental rules and regulations for issuance by an inspector.

(r) “Official device” means any device prescribed by the Secretary for use in applying any official mark.

(s) “Official establishment” means any establishment engaged in slaughtering of livestock, or processing livestock carcasses, parts of them, meat, or meat food products capable of use as human food solely for intrastate commerce and inspected under this subtitle.

(t) “Official legend” means any symbol adopted by departmental rules and regulations indicating an article has passed inspection under this subtitle.

(u) “Official mark” means the official inspection legend or any other symbol adopted by the departmental rules and regulations to identify the status of any article under this subtitle.

(v) “Pesticide chemical” has the same meaning as under the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938.

(w) “Prepared” means slaughtered, canned, salted, rendered, boned, cut up, or otherwise manufactured or processed.

(x) “Raw agricultural commodity” has the same meaning as under the Federal Food, Drug, and Cosmetic Act, approved June 25, 1938.

(y) “Renderer” means any person engaged in the business of rendering livestock carcasses, or parts or products of them, except rendering conducted under inspection or exemption under this subtitle.
Md. Code, Natural Resources § 4-1118.1 — MD Code / Article gnr / Title 4 / Subtitle 11 / Section 4-1118.1
§4–1118.
Status: in_force

§4–1118.1.

(a) Except for normal harvesting activities, the dredging and transplanting of oyster shell or seed oysters as part of the Department’s Oyster Propagation Program, or as authorized in a State wetlands license, a person may not destroy, damage, or injure any oyster bar, reef, rock, or other area located on a natural oyster bar in the Chesapeake Bay that is not a leased oyster bottom.

(b) Any person who destroys, damages, or injures any oyster bar, reef, rock, or other area referred to in subsection (a) of this section is liable to the State in a civil action, as the Department considers appropriate, for the restoration of, mitigation of, or monetary damages for any destruction, damage, or injury that the person causes to resources on the natural oyster bar.
Md. Code, Local Government § 4-313 — MD Code / Article glg / Title 4 / Subtitle 3 / Section 4-313
§4–313.
Status: reserved

(a) Except as provided in subsection (b) of this section, the repeal of an entire municipal charter, and the termination of the municipality, may be accomplished by a charter amendment adopted under this subtitle.

(b) The following need not contain the text of the municipal charter that is proposed for repeal and may simply state that the charter is proposed for repeal:

(1) the resolution of the legislative body of the municipality, or the petition of the qualified voters, proposing the repeal of the municipal charter;

(2) the posting and publication of the proposed repeal of the municipal charter; and

(3) the submission of the resolution proposing the repeal of the municipal charter and the favorable vote on the resolution to the Department of Legislative Services as provided in § 4–109 of this title.

(c) After a municipal charter is repealed, the charter may not be included in any later edition or codification of the public local laws of the county or State.

(d) The resolution or petition to initiate the repeal of a municipal charter may provide for the disposition of the assets of the municipality and the liquidation of any debt of the municipality.

(e) If no disposition is made in accordance with subsection (d) of this section, the county commissioners or county council of the county in which the municipality is located shall:

(1) succeed to full ownership, title, and control of the assets of the municipality after the municipal charter is repealed; and

(2) pay the debts and obligations of the municipality in accordance with the terms of the debts and obligations.

(f) While a municipal charter remains in effect, the county commissioners or county council of the county in which the municipality is located may provide, by written agreement with the municipality, when the repeal of the charter takes effect, for:

(1) the transfer of some or all of the assets of the municipality; and

(2) the assumption of some or all of the debts and obligations of the municipality.

(g) (1) To provide the revenue necessary to pay the debts and obligations of a municipality as of the time the municipal charter is repealed, the county commissioners or county council of the county in which the municipality is located shall:

(i) establish a special tax area with the same boundaries as the former municipality; and

(ii) impose a special tax or special assessment in the special tax area and collect the special tax or special assessment in the same manner as other county property taxes are collected.

(2) The proceeds of the tax or assessment shall be applied only to the debt and obligation of the former municipality.

(3) The tax or assessment shall be discontinued when all debts and obligations of the former municipality have been paid.
Md. Code, Estates and Trusts § 4-103 — MD Code / Article get / Title 4 / Subtitle 1 / Section 4-103
§4–103.
Status: in_force

(a) A will entirely in the handwriting of a testator who is serving in the armed services of the United States is a valid holographic will if signed by the testator outside of a state of the United States, the District of Columbia, or a territory of the United States even if there are no attesting witnesses.

(b) A holographic will is void one year after the discharge of the testator from the armed services unless the testator has died prior to expiration of the year or does not then possess testamentary capacity.
Md. Code, Business Regulation § 4-402 — MD Code / Article gbr / Title 4 / Subtitle 4 / Section 4-402
§4–402.
Status: in_force

(a) By acting as an athlete agent in the State, a nonresident individual appoints the Secretary as the individual’s agent for service of process in any civil action in the State related to the individual’s acting as an athlete agent in the State.

(b) The Secretary may issue subpoenas for any material that is relevant to the administration of this subtitle.
Md. Code, Economic Development § 4-707 — MD Code / Article gec / Title 4 / Subtitle 7 / Section 4-707
§4–707.
Status: in_force

The Secretary shall adopt regulations on application procedures and criteria to designate arts and entertainment districts.
Md. Code, Estates and Trusts § 4-606 — MD Code / Article get / Title 4 / Subtitle 6 / Section 4-606
§4–606.
Status: in_force

(a) In the absence of evidence to the contrary, the certificate of an authorized person under § 4–605 of this subtitle is conclusive of the formal validity of the instrument as a will under this subtitle.

(b) The absence or irregularity of a certificate does not affect the formal validity of a will under this subtitle.
Md. Code, Natural Resources § 4-11A-18 — MD Code / Article gnr / Title 4 / Subtitle 11A / Section 4-11A-18
§4–11A–18.
Status: in_force

The Department shall establish 3 separate areas of 10 acres of submerged land each for oyster propagation research in the vicinity of:

(1) Horn Point in Cambridge in Dorchester County;

(2) Deale Island in Somerset County; and

(3) The waters of St. Mary’s County, other than in the Potomac River.
Md. Code, Housing and Community Development § 4-2604 — MD Code / Article ghs / Title 4 / Subtitle 26 / Section 4-2604
§4–2604.
Status: in_force

(a) For fiscal year 2020 and each fiscal year thereafter, the Governor may include funding in the annual budget for the Program.

(b) Money expended from the Program is supplemental to and is not intended to take the place of funding that otherwise would be appropriated by the Department to address homelessness.
Md. Code, Family Law § 4-506.1 — MD Code / Article gfl / Title 4 / Subtitle 5 / Section 4-506.1
§4–506.
Status: in_force

§4–506.1.

(a) If a respondent surrenders a firearm under § 4–505 or § 4–506 of this subtitle, a law enforcement officer shall:

(1) provide to the respondent information on the process for retaking possession of the firearm; and

(2) transport and store the firearm in a protective case, if one is available, and in a manner intended to prevent damage to the firearm during the time the protective order is in effect.

(b) (1) The respondent may retake possession of the firearm at the expiration of a temporary protective order unless:

(i) the respondent is ordered to surrender the firearm in a protective order issued under § 4–506 of this subtitle; or

(ii) the respondent is not otherwise legally entitled to own or possess the firearm.

(2) The respondent may retake possession of the firearm at the expiration of a final protective order unless:

(i) the protective order is extended under § 4–507(a)(2) of this subtitle; or

(ii) the respondent is not otherwise legally entitled to own or possess the firearm.

(c) Notwithstanding any other law, a respondent may transport a firearm if the respondent is carrying a protective order requiring the surrender of the firearm and:

(1) the firearm is unloaded;

(2) the respondent has notified the law enforcement unit, barracks, or station that the firearm is being transported in accordance with the protective order; and

(3) the respondent transports the firearm directly to the law enforcement unit, barracks, or station.
Md. Code, Housing and Community Development § 4-1208 — MD Code / Article ghs / Title 4 / Subtitle 12 / Section 4-1208
§4–1208.
Status: in_force

(a) A political subdivision, housing authority, or other eligible borrower may participate in the Program and do all things necessary or convenient to its participation, including:

(1) developing, acquiring, improving, owning, operating, and managing rental housing;

(2) borrowing money; and

(3) mortgaging, pledging, and granting a security interest in real or personal property related to a particular partnership project.

(b) Except as provided in subsection (g) of this section, the Department may not require a borrower to repay money made available under the Program, unless the borrower:

(1) sells the partnership project; or

(2) fails to operate the partnership project for the benefit of households of lower income in accordance with agreements between the Department and the political subdivision or housing authority.

(c) The Department shall secure the obligations of the borrower by using a mortgage, deed of trust, or other security device that the Department accepts on the property or on revenues derived from the property.

(d) (1) To allow for more affordable rents, a political subdivision or housing authority may contribute local money, including locally administered federal money or federal rental assistance.

(2) The contributions of political subdivisions or housing authorities under § 4–1207(a)(2)(iii) of this subtitle may include the costs of:

(i) necessary studies, surveys, tests, plans, and specifications;

(ii) architectural, design, engineering, and other special services;

(iii) site preparation;

(iv) indemnity and surety bonds and premiums on title and hazard insurance; and

(v) other costs of development.

(e) To participate in the Program and to receive loans, a political subdivision or housing authority may not be required to pledge its full faith and credit.

(f) For rental housing financed from the Fund and owned or managed by a housing authority, this subtitle supersedes:

(1) §§ 12–401, 12–402, and 12–405 of this article; and

(2) all other restrictions on tenant income under Division II of this article.

(g) If necessary to comply with, or receive the benefit of, federal or other financial assistance, funds provided under the Program may be made available as a deferred payment loan repayable on the later of:

(1) the occurrence of one of the events set forth in subsection (b) of this section; or

(2) a maturity date set by the Department.
Md. Code, Courts and Judicial Proceedings § 4-406 — MD Code / Article gcj / Title 4 / Subtitle 4 / Section 4-406
§4–406.
Status: in_force

(a) The District Court has concurrent civil jurisdiction with a governing body of a county or the Mayor and City Council of Baltimore over a proceeding for adjudication of a violation of an ordinance enacted:

(1) By a charter county for which a civil penalty is provided under § 10–202 of the Local Government Article;

(2) By the Mayor and City Council of Baltimore for which a civil penalty is provided by ordinance; or

(3) By a code county for which a civil citation is issued under Title 11, Subtitle 3 of the Local Government Article.

(b) The governing body of a county or the Mayor and City Council of Baltimore may delegate its authority under subsection (a) of this section to a board, a commission, an agency, or an officer under its jurisdiction and control.
Md. Code, Real Property § 4-101 — MD Code / Article grp / Title 4 / Subtitle 1 / Section 4-101
§4–101.
Status: in_force

(a) (1) Any deed containing the names of the grantor and grantee, a description of the property sufficient to identify it with reasonable certainty, and the interest or estate intended to be granted, is sufficient, if executed, acknowledged, and, where required, recorded.

(2) Any lease is sufficient even though it is not acknowledged if it otherwise complies with paragraph (1) of this subsection.

(b) If a deed is signed by the grantor in accordance with the requirements of Title 5 of this article, the absence of a seal or attestation does not affect the validity of the deed. A corporate seal is not required for the execution of any deed or other instrument, notwithstanding any provision to the contrary in the corporation’s charter, bylaws, or other documents.

(c) The masking of personal information in accordance with § 8–504 of the State Government Article does not affect the validity of a deed or other recordable instrument.
Md. Code, Local Government § 4-110 — MD Code / Article glg / Title 4 / Subtitle 1 / Section 4-110
§4–110.
Status: in_force

(a) (1) In this section, “ordinance” means a legislative enactment of general application and continuing force for a municipality.

(2) “Ordinance” does not include a public local law under § 9–102 of this article.

(b) Each year, if a municipality enacts any ordinance appropriate for codification during the year, the governing body of a municipality shall provide for the preparation and distribution of a supplement to or new edition of its code of ordinances.

(c) (1) A supplement published under subsection (b) of this section shall contain each ordinance that is in effect and has been enacted or amended since the municipality’s most recent code of ordinances was published.

(2) A new code published under subsection (b) of this section shall contain each ordinance that is in effect at the time of publication.
Md. Code, Commercial Law § 4A-302 — MD Code / Article gcl / Title 4A / Subtitle 3 / Section 4A-302
§4A–302.
Status: in_force

(a) Except as provided in subsections (b) through (d) of this section, if the receiving bank accepts a payment order pursuant to § 4A-209(a) of this title, the bank has the following obligations in executing the order:

(1) The receiving bank is obliged to issue, on the execution date, a payment order complying with the sender’s order and to follow the sender’s instructions concerning:

(i) Any intermediary bank or funds-transfer system to be used in carrying out the funds transfer; or

(ii) The means by which payment orders are to be transmitted in the funds transfer. If the originator’s bank issues a payment order to an intermediary bank, the originator’s bank is obliged to instruct the intermediary bank according to the instruction of the originator. An intermediary bank in the funds transfer is similarly bound by an instruction given to it by the sender of the payment order it accepts.

(2) If the sender’s instruction states that the funds transfer is to be carried out telephonically or by wire transfer or otherwise indicates that the funds transfer is to be carried out by the most expeditious means, the receiving bank is obliged to transmit its payment order by the most expeditious available means, and to instruct any intermediary bank accordingly. If a sender’s instruction states a payment date, the receiving bank is obliged to transmit its payment order at a time and by means reasonably necessary to allow payment to the beneficiary on the payment date or as soon thereafter as is feasible.

(b) Unless otherwise instructed, a receiving bank executing a payment order may:

(1) Use any funds-transfer system if use of that system is reasonable in the circumstances; and

(2) Issue a payment order to the beneficiary’s bank or to an intermediary bank through which a payment order conforming to the sender’s order can expeditiously be issued to the beneficiary’s bank if the receiving bank exercises ordinary care in the selection of the intermediary bank. A receiving bank is not required to follow an instruction of the sender designating a funds-transfer system to be used in carrying out the funds transfer if the receiving bank, in good faith, determines that it is not feasible to follow the instruction or that following the instruction would unduly delay completion of the funds transfer.

(c) Unless subsection (a)(2) of this section applies or the receiving bank is otherwise instructed, the bank may execute a payment order by transmitting its payment order by first class mail or by any means reasonable in the circumstances. If the receiving bank is instructed to execute the sender’s order by transmitting its payment order by a particular means, the receiving bank may issue its payment order by the means stated or by any means as expeditious as the means stated.

(d) Unless instructed by the sender:

(1) The receiving bank may not obtain payment of its charges for services and expenses in connection with the execution of the sender’s order by issuing a payment order in an amount equal to the amount of the sender’s order less the amount of the charges; and

(2) May not instruct a subsequent receiving bank to obtain payment of its charges in the same manner.
Md. Code, Health Occupations § 4-206.1 — MD Code / Article gho / Title 4 / Subtitle 2 / Section 4-206.1
§4–206.
Status: in_force

§4–206.1.

(a) Subject to the requirements of subsections (b) and (c) of this section, a dental hygienist may administer local anesthesia by infiltration to facilitate the practice of dental hygiene by a dental hygienist or the practice of dentistry by a dentist, but not as a medical specialty, provided the administration of local anesthesia is under the supervision of a dentist who:

(1) Is physically present on the premises; and

(2) Prescribes the administration of local anesthesia by the dental hygienist.

(b) Before a dental hygienist may administer local anesthesia under subsection (a) of this section, the dental hygienist shall successfully complete the following:

(1) Any educational requirements established by the Board; and

(2) A written and clinical examination as required by the Board.

(c) A dental hygienist shall obtain the educational requirements established by the Board under subsection (b)(1) of this section from an accredited dental hygiene program.
Md. Code, Alcoholic Beverages and Cannabis § 4-102 — MD Code / Article gab / Title 4 / Subtitle 1 / Section 4-102
§4–102.
Status: in_force

(a) Except as provided in subsection (b) of this section, an application for a license shall be filed with the local licensing board.

(b) If an application for a license is for a business that is located in more than one jurisdiction:

(1) the business shall be considered to be entirely in the jurisdiction where the major portion of the business is located; and

(2) the alcoholic beverage laws of the jurisdiction where the major portion of the business is located govern the licensing, regulation, and operation of the entire business.

(c) (1) If an application for a license is for a business that is located equally in more than one jurisdiction:

(i) the business shall be considered to be entirely in the jurisdiction in which the license fee is highest; and

(ii) the alcoholic beverage laws of the jurisdiction where the license fee is highest govern the licensing, regulation, and operation of the entire business.

(2) The local collecting agent that collects the license fee shall remit an equal portion of the fee to the local collecting agent in each jurisdiction where the business is located.
Md. Code, Natural Resources § 4-728 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-728
§4–728.
Status: in_force

(a) (1) In this subsection, “connected line of nets” means a series of connected nets set in single file.

(2) Except as otherwise provided in this title, a person may not set:

(i) A fish pot, fyke net, or connected line of fyke nets within 500 feet in any direction of any other net or connected line of nets;

(ii) A fyke net or connected line of fyke nets that exceeds 1,500 feet in length, including the net’s leaders, hedges, or wings; or

(iii) A fish pot, fyke net, or connected line of fyke nets at a distance greater than one–fourth the distance across the bay, measured from the low water mark.

(3) In the waters in the part of the Chesapeake Bay which lies between a straight line drawn from Drum Point Lighthouse in Calvert County to Hog Point in St. Mary’s County, and a straight line drawn from Cove Point Lighthouse in Calvert County to Cedar Point Lighthouse in St. Mary’s County, a person may not set any kind of net:

(i) Nearer than 500 yards in every direction from any other net;

(ii) Of a total length of more than 550 yards including the net’s leaders, hedges, or wings; or

(iii) At a greater distance than one–fourth the distance across these waters measured from the low water mark on either side.

(b) A person may not set any pound net or stake net in the headwaters of the Chesapeake Bay, except those areas within 2,400 feet from the natural shoreline in Cecil County, the bay shore of Kent County up to Howell Point, and those areas within 2,400 feet from the shore on the west side of the bay from Pooles Island north to one-half mile north of Spesutie Island. For the purpose of this subsection the headwaters of the Chesapeake Bay are defined as the waters embraced in the area marked by the following line:

Beginning at Concord Point and running in a northeasterly direction, crossing Susquehanna River to Stump Point, then to Carpenter’s Point, then to Turkey Point, then to Grove Point, all in Cecil County, then to Howell Point, Kent County, continuing in a straight line from Howell Point in a southwesterly direction across the bay to Abbey Point, the northernmost point at the entrance of Bush River, then northerly by a line following the bay shore of Harford County to Mulberry Point, then to Bear Point, Sandy Point, and to Locust Point on Spesutie Island, then to the southernmost point at the entrance of Swan Creek, and then crossing Swan Creek and continuing in a northerly direction following the bay shore to Concord Point, the place of beginning.

(c) (1) A person may not set an anchored gill net in the area of Chesapeake Bay bounded on the north by a line drawn from Turkey Point on the eastern shore to Sandy Point in Harford County, and on the south by a line drawn from Abbey Point to channel buoy Number 29, following the channel northward to buoy Number 1, off Grove Point, thence to Grove Point. This paragraph does not apply to the commercial fishing area within the Aberdeen Proving Grounds as specified by the Proving Ground.

(2) A person may not set or fish with any gill net within 1,200 feet of any pier that supports either span of the William Preston Lane, Jr. Memorial Bridge between May 1 and October 31, inclusive.

(3) A person may not set or fish with any gill net in the Chesapeake Bay, excluding its tributaries, south of a line drawn from Howell Point to Taylor Island Point in the upper bay to a line drawn from Kent Point to Curtis Point in the mouth of West River between June 1 and October 31, inclusive.
Md. Code, Public Utilities § 4-208 — MD Code / Article gpu / Title 4 / Subtitle 2 / Section 4-208
§4–208.
Status: in_force

(a) This section applies to a public service company that:

(1) provides gas or electric services;

(2) is subject to a cost allocation manual approved by the Commission;

(3) (i) engages in an unregulated business activity; or

(ii) has a subsidiary that engages in an unregulated business activity; and

(4) does not meet the standards for rate proceedings provided for under § 4-207 of this subtitle.

(b) (1) A public service company subject to this section shall file an independent audit opinion prepared by an entity approved by the Commission on the earliest of:

(i) once every 2 years; or

(ii) when the public service company:

1. files a request for a change in its base rate under this subtitle; or

2. has a major change in its corporate organization or structure as determined by the Commission.

(2) The independent auditor shall:

(i) examine:

1. compliance by the public service company with policies and procedures of the public service company’s cost allocation manual;

2. proper allocation of costs to an affiliate of the public service company in accordance with the manual; and

3. appropriate charging of costs and transactions relative to the manual to the public service company and its affiliates; and

(ii) identify adjustments that should be made:

1. to the manual consistent with prior Commission rulings; and

2. to the public service company or to an affiliate of the public service company relative to the examination of the allocation of costs and charging of costs and transactions.

(c) The cost of the independent audit opinion filed under subsection (b) of this section shall be borne by the stockholders of the public service company.
Md. Code, Housing and Community Development § 4-239 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-239
§4–239.
Status: in_force

(a) (1) A loan from the Administration to an eligible mortgage lender shall require the eligible mortgage lender to make mortgage loans in principal amounts that add up to at least the amount of the loan from the Administration to:

(i) families of limited income; or

(ii) sponsors of community development projects.

(2) After receiving the loan from the Administration, the eligible mortgage lender shall commit the amount of the mortgage loans required by paragraph (1) of this subsection within the time the Administration sets.

(b) (1) A loan from the Administration to a mortgage lender is a general obligation of the mortgage lender as to repayment of principal and interest.

(2) Repayment of principal and interest shall be secured by a pledge of and lien on collateral security in an amount that the Administration by regulation determines to be necessary to secure the loan.

(c) (1) The collateral security shall consist of:

(i) obligations of or guaranteed by the United States, the State, or a political subdivision;

(ii) obligations issued by a unit of the federal government that are satisfactory to the Administration;

(iii) certificates of deposit, time deposits, or similar banking arrangements secured by obligations of or guaranteed by the United States or the State;

(iv) mortgages insured or guaranteed entirely or partly by the Maryland Housing Fund, a unit of the federal government, or a private insurer that the Administration approves; or

(v) other mortgages that the Administration finds to be of reasonably comparable security.

(2) The Administration shall require that:

(i) the collateral be held by a bank or trust company as independent custodian; or

(ii) the mortgage lender enter into a security agreement containing provisions that the Administration considers necessary to identify, maintain, and service the collateral.

(d) (1) The security agreement shall:

(i) provide that the mortgage lender:

1. holds the collateral as an agent for the Administration; and

2. is accountable as the trustee of an express trust for the application and disposition of the collateral; and

(ii) require that the income from the collateral be applied only in accordance with the agreement.

(2) A copy of each security agreement shall be filed with the Secretary of State.

(3) Further filing or other action under the Commercial Law Article or any other law of the State is not required to perfect the security interest of the Administration in the collateral or its proceeds or in any addition to or substitution for the collateral or its proceeds.

(4) Once filed, liens and trusts created for the benefit of the Administration under this subsection are binding against each person with a claim against the mortgage lender.

(5) The Administration may establish additional requirements for pledging, assigning, setting aside, or holding the collateral, and making substitutions for or additions to it, and disposing of interest and income from it.

(6) Notwithstanding any other law, a loan to a mortgage lender and the collateral for it are not subject to §§ 17–101 and 17–102 of the Local Government Article or to § 6–202, § 6–205, § 6–206, § 6–209, or § 6–210 of the State Finance and Procurement Article.
Md. Code, Tax - Property § 4-402 — MD Code / Article gtp / Title 4 / Subtitle 4 / Section 4-402
§4–402.
Status: in_force

If a collector fails to remit taxes or the interest, penalty, and service charges on the taxes, to the State or the county as provided under this title, the collector shall be charged interest at the rate of 6% a year on all taxes, interest, penalties, and service charges not paid to the State or county from the time they are due.
Md. Code, Business Occupations and Professions § 4-304 — MD Code / Article gbo / Title 4 / Subtitle 3 / Section 4-304
§4–304.
Status: in_force

(a) Except as otherwise provided in § 4–304.1 of this subtitle, an applicant is entitled to be examined as provided in this section if the applicant:

(1) otherwise qualifies for a license under this title; and

(2) pays an examination fee established by the Board in accordance with § 4–303 of this subtitle to the Board or the Board’s designee.

(b) The Board periodically shall give examinations to applicants at the times and places that the Board determines.

(c) The Board shall give each qualified applicant notice of the time and place of examination.

(d) (1) The Board shall determine the subjects, scope, and form of and the passing score for examinations given under this subtitle.

(2) An examination may consist of written and practical parts.

(e) (1) Subject to § 2–110 of the Business Regulation Article, an applicant whose primary language is not English may use a Board approved interpreter for the written part of an examination, but not for the practical part of an examination.

(2) The passing of the practical part of an examination without an interpreter demonstrates that the applicant possesses sufficient command of English to understand and properly respond to an English–speaking customer.

(f) Subject to § 2–110 of the Business Regulation Article, in the case of an applicant who demonstrates dyslexia or other reading impairment to the Board:

(1) the Board may grant 1 or both of the following:

(i) additional time to complete all or part of the examination; or

(ii) oral examination for all or part of the written part of the examination; and

(2) the Board shall approve for licensing an applicant who:

(i) passes the examination; and

(ii) demonstrates to the Board that the applicant’s dyslexia or other reading impairment, if any, does not significantly impair the applicant’s ability to function as a licensee.

(g) If an applicant fails to appear for a scheduled examination, the Board may require the applicant to pay another examination fee under § 4–303 of this subtitle before rescheduling an examination for the applicant.
Md. Code, Environment § 4-412 — MD Code / Article gen / Title 4 / Subtitle 4 / Section 4-412
§4–412.
Status: in_force

(a) (1) Whenever the Department believes a violation of any provision of this subtitle or any rule or regulation has occurred, it shall cause a written complaint to be served upon the alleged violator. The complaint shall specify the provision of law or rule or regulation allegedly violated and the alleged fact that constitutes the violation. Subsequent to or concurrent with service of the complaint as provided in subsection (c) of this section, the Department may exercise one of the following options:

(i) Issue an order requiring necessary corrective action be taken within the time prescribed in its order. Any person named in the order may request in writing a hearing before the Department not later than ten days after the date the order is served, in which case a hearing shall be scheduled within ten days from receipt of the request. A decision shall be rendered within ten days from the date of the hearing;

(ii) Require the alleged violator to file a written report regarding the alleged violation;

(iii) Require the alleged violator to appear before the Department at a time and place the Department specifies to answer the charge outlined in the complaint; or

(iv) Require the alleged violator to file a written report regarding the alleged violation and appear before the Department at a time and place the Department specifies to answer the charges outlined in the complaint.

(2) If the Department exercises the option provided by paragraph (1)(ii) of this subsection, the alleged violator may request in writing a hearing before the Department not later than ten days after the date that notice of the requirement of the written report is served. The appearance of the alleged violator before the Department under the options provided by paragraph (1)(iii) or (iv) of this subsection constitutes an administrative hearing, and the party has the right of any party in a contested case provided in §§ 10–205, 10–208, and 10–209 of the State Government Article. If the Department exercises the option provided by paragraph (1)(ii), (iii), or (iv) of this subsection, it may not issue an order requiring corrective action to be taken as a result of the alleged violation before expiration of the time set for filing any report and holding any hearing required under these paragraphs. Thereafter, the Department may issue an order requiring necessary corrective action be taken within the time prescribed in the order. A person is not entitled to a hearing before the Department as a result of this order. Notice of a hearing or of a requirement that a written report be filed shall be served on the alleged violator in accordance with the provisions of subsection (c) of this section not less than ten days before the time set for the hearing or filing of a report. Every order the Department issues under the provisions of this section shall be served on the person affected in accordance with the provisions of subsection (c) of this section. The order shall become effective immediately according to its terms upon service.

(b) A person aggrieved by an order or permit issued may obtain immediate judicial review under the provisions of §§ 10–222 and 10–223 of the State Government Article and the Maryland Rules.

(c) Except as otherwise provided, any notice, order, or other instrument issued by or under authority of the Department may be served in accordance with § 1–204 of this article or by publication on any person affected. If service is made by certified mail, return receipt requested, proof of service may be made by the sworn statement or affidavit of the person who mailed the notice, order, or other instrument. The sworn statement or affidavit shall be filed with the Department.

(d) A verbatim record of the proceedings of hearings may be taken when necessary or advisable by the Department. A subpoenaed witness shall receive the same fees and mileage as in any civil action. If a witness refuses to obey a notice of hearing or subpoena issued under this section, any circuit court, upon the application of the Department, may issue an order requiring the person to appear, testify, or produce evidence as required. The failure to obey a court order may be punished by the court as contempt.
Md. Code, Family Law § 4-505.1 — MD Code / Article gfl / Title 4 / Subtitle 5 / Section 4-505.1
§4–505.
Status: in_force

§4–505.1.

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

(2) “Child advocacy center” means a center established under § 11–928 of the Criminal Procedure Article.

(3) “File electronically” means to send, communicate, receive, or store by electronic means.

(4) “Hospital” has the meaning stated in § 19–301 of the Health – General Article.

(5) “Vulnerable adult program” means:

(i) a program implemented under § 14–201 of this article; or

(ii) any program that receives federal or State funding to prevent abuse of or assist vulnerable adults.

(b) A petitioner may file electronically a petition for a temporary protective order with a court from:

(1) a domestic violence prevention or assistance program;

(2) a sexual assault prevention or assistance program;

(3) a human trafficking prevention or assistance program;

(4) a child advocacy center;

(5) a vulnerable adult program;

(6) a hospital where the petitioner is receiving medical treatment, while the petitioner is at the hospital; or

(7) another location approved by the court.

(c) The hospital shall refer the petitioner filing a petition on the grounds of:

(1) domestic violence:

(i) to a hospital–based domestic violence prevention or assistance program; or

(ii) if there is not a hospital–based domestic violence prevention or assistance program, to a community–based domestic violence prevention or assistance program; and

(2) sexual assault to a community–based sexual assault prevention or assistance program.

(d) A court that receives a petition filed electronically in accordance with this section shall hold a hearing on the petition through the use of video conferencing on:

(1) the same business day if the petition is filed during regular court hours and the court is open; or

(2) the next business day the court is open if the petition is not filed during regular court hours.
Md. Code, Housing and Community Development § 4-203 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-203
§4–203.
Status: in_force

(a) To attract and retain teachers in the State by increasing homeownership opportunities, the General Assembly finds that there is a need to authorize the Department to develop a program to dedicate up to $25,000,000 over 5 years to provide mortgage loans to teachers at interest rates below the prevailing interest rate for similar programs.

(b) (1) A mortgage loan under this section shall be available to a teacher who is a first–time home buyer.

(2) The loan shall be conditioned on an agreement by the teacher to teach in the State for at least 3 years if work is available for the teacher.

(3) The loan shall be used to purchase property in a priority funding area as defined in §§ 5–7B–02 and 5–7B–03 of the State Finance and Procurement Article.

(c) The Administration shall develop the program in consultation with:

(1) the State Department of Education, to ensure that the program is consistent with the State’s strategy to attract and retain teachers; and

(2) local boards of education, to ensure that the program is properly marketed.
Md. Code, Estates and Trusts § 4-522 — MD Code / Article get / Title 4 / Subtitle 5 / Section 4-522
§4–522.
Status: in_force

This subtitle may be cited as the Maryland Revised Uniform Anatomical Gift Act.
Md. Code, Housing and Community Development § 4-1704 — MD Code / Article ghs / Title 4 / Subtitle 17 / Section 4-1704
§4–1704.
Status: in_force

The purpose of the Program is to make technical assistance grants to expand:

(1) the production of decent and affordable housing for families of limited income through self-help in rehabilitation and construction;

(2) homeownership opportunities for those who would not have these opportunities without the cost savings achieved by self-help; and

(3) self-reliance, pride of ownership, and sense of community for participants.
Md. Code, Business Regulation § 4-321 — MD Code / Article gbr / Title 4 / Subtitle 3 / Section 4-321
§4–321.
Status: in_force

A manager, second, matchmaker, promoter, or principal may not accept money or a gift from a boxer, exhibitor of boxing, kick boxer, wrestler, or mixed martial arts contestant in return for a special privilege or for discriminating in making a match.
Md. Code, Health - General § 4-302.3 — MD Code / Article ghg / Title 4 / Subtitle 3 / Section 4-302.3
§4–302.
Status: in_force

§4–302.3. IN EFFECT

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

(2) “Electronic health care transactions” means health care transactions that have been approved by a nationally recognized health care standards development organization to support health care informatics, information exchange, systems integration, and other health care applications.

(3) “Electronic health network” means an entity:

(i) Involved in the exchange of electronic health care transactions between a payor, health care provider, vendor, and any other entity; and

(ii) Certified by the Maryland Health Care Commission.

(4) “Nursing home” has the meaning stated in § 19–1401 of this article.

(5) “Standard request” means a request for clinical information from a health information exchange that conforms to the major standards version specified by the Office of the National Coordinator for Health Information Technology.

(b) This section applies to:

(1) Except for the State–designated health information exchange, a health information exchange operating in the State; and

(2) A payor that:

(i) Holds a valid certificate of authority issued by the Maryland Insurance Commissioner; and

(ii) Acts as, operates, or owns a health information exchange.

(c) An entity to which this section applies shall connect to the State–designated health information exchange in a manner consistent with applicable federal and State privacy laws.

(d) When a standard request for clinical information is received through the State–designated health information exchange, an entity to which this section applies shall:

(1) Respond to the request to the extent authorized under federal and State privacy laws; and

(2) Transmit the response to the State–designated health information exchange in the manner specified in the regulations adopted under subsection (g) of this section.

(e) A consent from a patient to release clinical information to a provider obtained by an entity to which this section applies shall apply to information transmitted through the State–designated health information exchange or by other means.

(f) (1) On request of the Department, a nursing home shall submit electronically clinical information to the State–designated health information exchange to facilitate the objectives stated in paragraph (3) of this subsection.

(2) In accordance with State and federal law and to facilitate the objectives stated in paragraph (3) of this subsection, the State–designated health information exchange may provide the information submitted under paragraph (1) of this subsection to:

(i) A health care provider;

(ii) An authorized health information exchange user;

(iii) A health information exchange authorized by the Maryland Health Care Commission;

(iv) A federal official; and

(v) A State official.

(3) (i) If approved by the Maryland Health Care Commission, the information submitted under paragraph (1) of this subsection may be combined with other data maintained by the State–designated health information exchange to facilitate:

1. A State health improvement program;

2. Mitigation of a public health emergency;

3. Improvement of patient safety; and

4. The participation of the State in the Center for Medicare and Medicaid Innovation’s States Advancing All–Payer Health Equity Approaches and Development (AHEAD) Model and any successor models.

(ii) The information submitted by a nursing home under paragraph (1) of this subsection may be used only to facilitate the objectives stated in subparagraph (i) of this paragraph and may not be used for any other purpose, including licensing and certification.

(g) (1) The State–designated health information exchange shall:

(i) Participate in the advisory committee established under § 13–4306(a)(1) of this article; and

(ii) Maintain a data set for the Maryland Commission on Health Equity and provide data from the data set consistent with the parameters defined by the advisory committee.

(2) If approved by the Maryland Commission on Health Equity, the State–designated health information exchange may use the data set maintained under paragraph (1) of this subsection to improve health outcomes for patients.

(h) (1) An electronic health network shall provide electronic health care transactions to the State–designated health information exchange for the following public health and clinical purposes:

(i) A State health improvement program;

(ii) Mitigation of a public health emergency;

(iii) Improvement of patient safety; and

(iv) The participation of the State in the Center for Medicare and Medicaid Innovation’s States Advancing All–Payer Health Equity Approaches and Development (AHEAD) Model and any successor models.

(2) An electronic health network may not charge a fee to a health care provider, health care payor, or to the State–designated health information exchange for providing the information as required under paragraph (1) of this subsection.

(3) The State–designated health information exchange shall develop and implement policies and procedures to implement paragraph (1) of this subsection that are consistent with regulations adopted by the Maryland Health Care Commission.

(i) The Maryland Health Care Commission:

(1) Shall adopt regulations for implementing the connectivity to the State–designated health information exchange required under this section; and

(2) Shall seek, through any regulations adopted under item (1) of this subsection, to promote technology standards and formats that conform to those specified by the Office of the National Coordinator for Health Information Technology.

(j) (1) The Maryland Health Care Commission shall adopt regulations that:

(i) Specify the scope of clinical information to be exchanged or sent under this section; and

(ii) Provide for a uniform, gradual implementation of the exchange of clinical information under this section.

(2) Any regulations adopted under paragraph (1) of this subsection shall limit the scope of the clinical information to purposes that:

(i) Improve treatment, including improved access to clinical records by treating clinicians;

(ii) Promote uses of the State–designated health information exchange important to public health; or

(iii) The protection of the electronic health information of a person in interest who has opted out of having electronic health information shared or disclosed by a health information exchange.

(3) Regulations adopted under paragraph (1) of this subsection:

(i) Shall limit redisclosure of financial information, including billed or paid amounts available in electronic claims transactions;

(ii) May not restrict the State’s use of financial information, including billed or paid amounts available in electronic claims transactions, for public health purposes related to the participation of the State in the Center for Medicare and Medicaid Innovation’s States Advancing All–Payer Health Equity Approaches and Development (AHEAD) Model and any successor models;

(iii) Shall restrict data of patients who have opted out of records sharing through the State–designated health information exchange or a health information exchange authorized by the Maryland Health Care Commission;

(iv) Shall restrict data from health care providers that possess sensitive health care information; and

(v) Shall restrict data of patients who have obtained legally protected health care.

(k) This section does not:

(1) Require an entity to which this section applies to collect clinical information or obtain any authorizations, not otherwise required by federal or State law, relating to information to be sent or received through the State–designated health information exchange;

(2) Prohibit an entity to which this section applies from directly receiving or sending information to providers or subscribers outside of the State–designated health information exchange; or

(3) Prohibit an entity to which this section applies from connecting and interoperating with the State–designated health information exchange in a manner and scope beyond that required under this section.

§4–302.3. // EFFECTIVE DECEMBER 31, 2030 PER CHAPTER 615 OF 2025 //

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

(2) “Electronic health care transactions” means health care transactions that have been approved by a nationally recognized health care standards development organization to support health care informatics, information exchange, systems integration, and other health care applications.

(3) “Electronic health network” means an entity:

(i) Involved in the exchange of electronic health care transactions between a payor, health care provider, vendor, and any other entity; and

(ii) Certified by the Maryland Health Care Commission.

(4) “Nursing home” has the meaning stated in § 19–1401 of this article.

(5) “Standard request” means a request for clinical information from a health information exchange that conforms to the major standards version specified by the Office of the National Coordinator for Health Information Technology.

(b) This section applies to:

(1) Except for the State–designated health information exchange, a health information exchange operating in the State; and

(2) A payor that:

(i) Holds a valid certificate of authority issued by the Maryland Insurance Commissioner; and

(ii) Acts as, operates, or owns a health information exchange.

(c) An entity to which this section applies shall connect to the State–designated health information exchange in a manner consistent with applicable federal and State privacy laws.

(d) When a standard request for clinical information is received through the State–designated health information exchange, an entity to which this section applies shall:

(1) Respond to the request to the extent authorized under federal and State privacy laws; and

(2) Transmit the response to the State–designated health information exchange in the manner specified in the regulations adopted under subsection (g) of this section.

(e) A consent from a patient to release clinical information to a provider obtained by an entity to which this section applies shall apply to information transmitted through the State–designated health information exchange or by other means.

(f) (1) On request of the Department, a nursing home shall submit electronically clinical information to the State–designated health information exchange to facilitate the objectives stated in paragraph (3) of this subsection.

(2) In accordance with State and federal law and to facilitate the objectives stated in paragraph (3) of this subsection, the State–designated health information exchange may provide the information submitted under paragraph (1) of this subsection to:

(i) A health care provider;

(ii) An authorized health information exchange user;

(iii) A health information exchange authorized by the Maryland Health Care Commission;

(iv) A federal official; and

(v) A State official.

(3) (i) If approved by the Maryland Health Care Commission, the information submitted under paragraph (1) of this subsection may be combined with other data maintained by the State–designated health information exchange to facilitate:

1. A State health improvement program;

2. Mitigation of a public health emergency; and

3. Improvement of patient safety.

(ii) The information submitted by a nursing home under paragraph (1) of this subsection may be used only to facilitate the objectives stated in subparagraph (i) of this paragraph and may not be used for any other purpose, including licensing and certification.

(g) (1) The State–designated health information exchange shall:

(i) Participate in the advisory committee established under § 13–4306(a)(1) of this article; and

(ii) Maintain a data set for the Maryland Commission on Health Equity and provide data from the data set consistent with the parameters defined by the advisory committee.

(2) If approved by the Maryland Commission on Health Equity, the State–designated health information exchange may use the data set maintained under paragraph (1) of this subsection to improve health outcomes for patients.

(h) (1) An electronic health network shall provide electronic health care transactions to the State–designated health information exchange for the following public health and clinical purposes:

(i) A State health improvement program;

(ii) Mitigation of a public health emergency; and

(iii) Improvement of patient safety.

(2) An electronic health network may not charge a fee to a health care provider, health care payor, or to the State–designated health information exchange for providing the information as required under paragraph (1) of this subsection.

(3) The State–designated health information exchange shall develop and implement policies and procedures to implement paragraph (1) of this subsection that are consistent with regulations adopted by the Maryland Health Care Commission.

(i) The Maryland Health Care Commission:

(1) Shall adopt regulations for implementing the connectivity to the State–designated health information exchange required under this section; and

(2) Shall seek, through any regulations adopted under item (1) of this subsection, to promote technology standards and formats that conform to those specified by the Office of the National Coordinator for Health Information Technology.

(j) (1) The Maryland Health Care Commission shall adopt regulations that:

(i) Specify the scope of clinical information to be exchanged or sent under this section; and

(ii) Provide for a uniform, gradual implementation of the exchange of clinical information under this section.

(2) Any regulations adopted under paragraph (1) of this subsection shall limit the scope of the clinical information to purposes that:

(i) Improve treatment, including improved access to clinical records by treating clinicians;

(ii) Promote uses of the State–designated health information exchange important to public health; or

(iii) The protection of the electronic health information of a person in interest who has opted out of having electronic health information shared or disclosed by a health information exchange.

(3) Regulations adopted under paragraph (1) of this subsection shall:

(i) Limit redisclosure of financial information, including billed or paid amounts available in electronic claims transactions;

(ii) Restrict data of patients who have opted out of records sharing through the State–designated health information exchange or a health information exchange authorized by the Maryland Health Care Commission;

(iii) Restrict data from health care providers that possess sensitive health care information; and

(iv) Restrict data of patients who have obtained legally protected health care.

(k) This section does not:

(1) Require an entity to which this section applies to collect clinical information or obtain any authorizations, not otherwise required by federal or State law, relating to information to be sent or received through the State–designated health information exchange;

(2) Prohibit an entity to which this section applies from directly receiving or sending information to providers or subscribers outside of the State–designated health information exchange; or

(3) Prohibit an entity to which this section applies from connecting and interoperating with the State–designated health information exchange in a manner and scope beyond that required under this section.
Md. Code, Corporations and Associations § 4A-213 — MD Code / Article gca / Title 4A / Subtitle 2 / Section 4A-213
§4A–213.
Status: in_force

(a) A general or limited partnership that has been converted to a limited liability company pursuant to § 4A-211 of this subtitle shall be deemed for all purposes the same entity that existed before the conversion.

(b) When a conversion takes effect:

(1) All property owned by the converting general or limited partnership or the converting proprietorship remains vested in the converted entity;

(2) All obligations and liabilities of the converting general or limited partnership or the converting proprietorship remain vested in the converted entity; and

(3) An action or proceeding pending against the converting general or limited partnership or the converting proprietorship may be continued as if the conversion had not occurred.

(c) In the case of a limited partnership that has been converted pursuant to § 4A-211 of this subtitle, the articles of organization filed pursuant to § 4A-211(a) of this subtitle shall serve as a certificate of cancellation of the converting limited partnership.
Md. Code, Health - General § 4-217 — MD Code / Article ghg / Title 4 / Subtitle 2 / Section 4-217
§4–217.
Status: reserved

(a) (1) Except as provided in subsection (b) of this section, the Secretary shall provide, on request, any person authorized by regulations adopted under this subtitle with a certified or abridged copy of a birth, death, or fetal death certificate registered under this subtitle or of the certificate of a marriage performed after June 1, 1951.

(2) Except as provided in subsection (b) of this section and subject to subsection (h) of this section, a local health department or the Motor Vehicle Administration may:

(i) Access electronically from the Department a certified or abridged copy of a birth certificate or death certificate registered under this subtitle; and

(ii) On request, provide any person authorized by regulations adopted under this subtitle with a certified or abridged copy of a birth certificate or death certificate registered under this subtitle.

(3) (i) The Secretary shall provide on request, to any person authorized by regulation adopted under this subtitle, a commemorative birth certificate.

(ii) The Department shall set a fee for the commemorative birth certificate.

(iii) The commemorative birth certificate shall:

1. Be in a form consistent with the need to protect the integrity of vital records but suitable for display; and

2. Have the same status as evidence as the original birth certificate.

(iv) A portion of the funds collected under this paragraph shall go to the Department for the production costs of issuing the commemorative birth certificates. The remainder of the funds collected shall be paid into the Children’s Trust Fund established under § 13–2207 of this article to provide funding for the Child Abuse Medical Providers (Maryland CHAMP) Initiative.

(v) The Secretary shall adopt regulations to implement the provisions of this paragraph.

(b) (1) A certified or abridged copy of a birth certificate may be issued only:

(i) On order of a court of competent jurisdiction;

(ii) On request of the individual to whom the record relates;

(iii) On request of a parent, guardian, surviving spouse, or other authorized representative of the individual; or

(iv) In accordance with Title 5, Subtitle 3A or Subtitle 4B of the Family Law Article.

(2) A certified or abridged copy of a birth certificate may contain only the personal information that appears on the birth certificate and may not include any confidential medical information that appears on the birth certificate.

(3) Birth certificate information may not be given if it is to be used for commercial solicitation or private gain.

(4) A noncertified copy of a birth certificate including confidential medical information may be provided to a unit of the Department to carry out its legal mandate or to conduct Institutional Review Board (IRB) approved research or study. Any report resulting from this research or study may not contain personal identifiers unless authorized by the subject of the record or the subject’s parent or authorized representative.

(5) A copy of a birth certificate may be given to the Maryland Immunization Program to improve childhood immunization rates.

(c) (1) Except as otherwise provided by law:

(i) The Department shall collect a $12 fee:

1. For each certified or abridged copy of a fetal death, marriage, or divorce verification certificate;

2. For a report that a search of the fetal death, marriage, or divorce verification certificate files was made and the requested record is not on file;

3. For each change to a fetal death, marriage, or divorce verification certificate made later than 1 year after the certificate has been registered with the Department; or

4. To process an adoption, foreign adoption, or legitimation;

(ii) The Department shall collect a $10 fee:

1. Except as provided in paragraph (6)(ii) of this subsection, for each certified or abridged copy of a birth certificate;

2. For the first copy of a certified or abridged death certificate issued in a single transaction;

3. For a report that a search of the birth or death certificate files was made and the requested record is not on file; or

4. For each change to a birth or death certificate made later than 1 year after the certificate has been registered with the Department; and

(iii) The Department shall collect a $12 fee for each additional certified or abridged copy of a death certificate provided concurrently with an initial requested death certificate.

(2) From the fee the Department collects under paragraph (1) of this subsection, the Department shall transfer the entire fee to the General Fund.

(3) (i) Any local health department or the Motor Vehicle Administration may set and collect a fee for processing and issuing a birth certificate or death certificate, or for a report that a search of the files was made and the requested record is not on file, that covers:

1. The administrative costs of providing this service; and

2. The requirements of subparagraph (iii) of this paragraph.

(ii) The fee set by the local health department or the Motor Vehicle Administration for processing and issuing a birth certificate or for a report under subparagraph (i) of this paragraph may not exceed the actual costs to the local health department or the Motor Vehicle Administration for processing and issuing a birth certificate or death certificate or a report.

(iii) From the fee the local health department or the Motor Vehicle Administration collects under subparagraph (i) of this paragraph, $10 shall be transferred to the General Fund.

(iv) Prior to setting and collecting a fee for processing and issuing a birth certificate or death certificate or for a report under subparagraph (i) of this paragraph, the local health department or the Motor Vehicle Administration shall enter into a memorandum of understanding with the Maryland Department of Health that outlines the local health department’s or the Motor Vehicle Administration’s fee structure.

(4) The Department, a local health department, or the Motor Vehicle Administration may collect a fee for a certificate requested by an agency of the State or any of its political subdivisions.

(5) The Secretary may waive all or part of a fee if chargeable to an agency of the United States.

(6) (i) The Department may not collect a fee for a copy of a vital record issued to:

1. A current or former member of the uniformed services; or

2. The surviving spouse or child of the member, if the copy will be used in connection with a claim for a dependent or beneficiary of the member.

(ii) 1. In this subparagraph, “homeless individual” has the meaning stated in the federal McKinney–Vento Homeless Education Assistance Improvements Act of 2001.

2. Subject to subsubparagraph 4 of this subparagraph, the Department may not collect a fee for a certified or an abridged copy of a birth certificate issued to a homeless individual.

3. The Department shall accept as proof of homelessness a signed written statement from a homeless services provider located in the State that:

A. Affirms that the individual is homeless; and

B. Includes the address to which the copy of the birth certificate requested under this section may be sent.

4. A homeless individual may receive one copy of a birth certificate without a fee in a single transaction.

5. The Department shall adopt regulations to implement this subparagraph.

(iii) The Department may not collect a fee for a certified or abridged copy of a death certificate of a first responder, as defined in § 18–213.2 of this article, killed in the line of duty, if the copy is issued to a surviving spouse or child of the first responder and will be used in connection with a claim for a dependent or beneficiary of the first responder.

(d) (1) (i) Except as provided in subparagraph (ii) of this paragraph, any local health department or the Motor Vehicle Administration may set and collect a fee for processing and issuing a death certificate that covers the administrative costs of providing this service.

(ii) A local health department or the Motor Vehicle Administration may not collect a fee for processing and issuing a certified or abridged copy of a death certificate of a first responder, as defined in § 18–213.2 of this article, killed in the line of duty, if the copy is issued to a surviving spouse or child of the first responder and will be used in connection with a claim for a dependent or beneficiary of the first responder.

(2) The fee set by the local health department or the Motor Vehicle Administration for processing and issuing a death certificate under this subsection may not exceed the actual costs to the local health department or the Motor Vehicle Administration for processing and issuing a death certificate.

(e) The Secretary shall include with every copy of a death certificate, in a form prescribed and provided by the Insurance Commissioner, a notice which advises that certain individuals may be entitled to continuation of group health insurance benefits under § 15–407 of the Insurance Article.

(f) The Secretary shall include with every copy of a death certificate that is completed by the Chief Medical Examiner a notice that advises a person in interest, as defined in § 4–101(g) of the General Provisions Article, of the right to appeal a denial by the Chief Medical Examiner of a request to correct findings and conclusions as to the cause and manner of death recorded on a death certificate as provided under § 5–310(d) of this article.

(g) A person may use a photocopy of a birth, death, fetal death, or marriage certificate for any nonfraudulent and nondeceptive purpose.

(h) (1) The Department shall develop and implement security protocols and other protections to:

(i) Ensure a person without authorization is prohibited from accessing any vital records; and

(ii) Minimize the disclosure of and the access to medically sensitive information from the vital records database by employees not employed by the Department.

(2) The security protocols and other protections developed under paragraph (1) of this subsection shall include an auditable record of the following information:

(i) The date and time a certified or abridged copy of a birth certificate was printed; and

(ii) The identification of the employee who printed the certified or abridged copy of the birth certificate.
Md. Code, Natural Resources § 4-1029 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1029
§4–1029.
Status: in_force

Any money received by the Department for licenses, fees, or taxes shall be transmitted by the Department to the State Comptroller for deposit to the credit of the Fisheries Research and Development Fund.
Md. Code, State Finance and Procurement § 4-318 — MD Code / Article gsf / Title 4 / Subtitle 3 / Section 4-318
§4–318.
Status: in_force

This Part III of this subtitle does not apply to:

(1) intergovernmental lease transactions;

(2) lease transactions involving property located outside the State;

(3) lease transactions declared by the Secretary to be necessary because of an emergency;

(4) lease transactions where the State is the lessor; or

(5) lease transactions involving up to 5,000 square feet of property.
Md. Code, General Provisions § 4-403 — MD Code / Article ggp / Title 4 / Subtitle 4 / Section 4-403
§4–403.
Status: in_force

A custodian is not civilly or criminally liable for transferring or disclosing the contents of a public record to the Attorney General under § 5–313 of the State Personnel and Pensions Article.
Md. Code, Estates and Trusts § 4-512 — MD Code / Article get / Title 4 / Subtitle 5 / Section 4-512
§4–512.
Status: in_force

(a) Whenever a hospital refers an individual who is dead or whose death is imminent to a procurement organization to ascertain whether the individual has made an anatomical gift, the organization shall make a reasonable search of any national and local donor registry that exists for the geographical area in which the individual resides.

(b) (1) When a hospital refers an individual who is dead or whose death is imminent to a procurement organization, the organization may conduct any reasonable examination necessary to ensure the medical suitability of a part that is or could be the subject of an anatomical gift for transplantation, therapy, research, or education.

(2) During the examination period, measures necessary to ensure the medical suitability of a part from a prospective donor:

(i) May not be withdrawn unless the hospital or procurement organization knows that the individual expressed a contrary intent; and

(ii) May be administered, unless it is determined that the administration of those measures would not provide the prospective donor with appropriate end–of–life care consistent with reasonable medical judgment.

(c) Unless prohibited by law other than this subtitle, at any time after a donor’s death, the person to which a part passes under § 4–509 of this subtitle may conduct a reasonable examination necessary to ensure the medical suitability of the body or part for its intended purpose.

(d) Unless prohibited by law other than this subtitle, an examination under subsection (b) or (c) of this section may include an examination of all medical and dental records of the donor or prospective donor.

(e) On the death of a minor who was a donor or had signed a refusal, unless a procurement organization knows that the minor is emancipated, the procurement organization shall conduct a reasonable search for the parents of the minor and provide the parents with an opportunity to revoke or amend the anatomical gift or revoke the refusal.

(f) (1) On a referral by a hospital under subsection (a) of this section, a procurement organization shall make a reasonable search for a person listed in § 4–507 of this subtitle having priority to make an anatomical gift on behalf of a prospective donor.

(2) If a procurement organization receives information that an anatomical gift to any other person was made, amended, or revoked, the procurement organization shall promptly advise the other person of all relevant information.

(g) (1) Subject to §§ 4–509(i) and 4–519 of this subtitle, after the death of the donor, the rights of a person to which a part passes under § 4–509 of this subtitle are superior to the rights of all others with respect to the part.

(2) The person to which a part passes under § 4–509 of this subtitle may accept or reject an anatomical gift in whole or in part.

(3) Subject to the terms of a document of gift and this subtitle, a person that accepts an anatomical gift of an entire body may allow embalming, burial, or cremation, and the use of remains in a funeral service.

(4) If an anatomical gift of a part is made under § 4–509 of this subtitle, on the death of the donor and before embalming, burial, or cremation, the person to which the part passes shall have the part removed without unnecessary mutilation.

(h) A physician who attends a decedent at death and a physician who determines the time of a decedent’s death may not participate in the procedures for removing or transplanting a part from the decedent.

(i) (1) A physician or technician may remove a donated part from the body of a donor that the physician or technician is qualified to remove.

(2) An organ procurement organization may recover a donated body part from the body of a donor on behalf of an eye bank or tissue bank.

(j) Each hospital in the State shall enter into an agreement or affiliation with a procurement organization for coordination of procurement and use of anatomical gifts.
Md. Code, Education § 4-139 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-139
§4–139.
Status: in_force

(a) In this section, “parenting student” means a student who is the mother, father, or legal guardian of a child.

(b) The Department shall develop a model policy to support the educational and parenting goals and improve the educational outcomes of pregnant and parenting students.

(c) The policy established under subsection (b) of this section shall:

(1) Require each high school to designate a private lactation space in the school that:

(i) Includes at least one seating option with a flat surface and electrical outlet nearby to accommodate placement of a breast pump device; and

(ii) Is not a bathroom or closet;

(2) Provide lactating students with access to a refrigerator located reasonably close to the private lactation space required under item (1) of this subsection;

(3) Require schools to designate at least one staff member to connect, to the extent practicable, pregnant and parenting students with resources to find safe, affordable, and reliable:

(i) Child care and early childhood education services; and

(ii) Transportation services to and from school;

(4) Incorporate the attendance policy for pregnant and parenting students developed under § 7–301.1 of this article;

(5) Provide for training of school personnel on policy objectives and requirements; and

(6) Be published in the school system’s student handbook.

(d) (1) Each county board shall establish a policy to support the educational and parenting goals and improve the educational outcomes of pregnant and parenting students based on the model policy established in subsection (b) of this section.

(2) The Department shall provide technical assistance to a county board to establish the policy required under this subsection.

(e) Nothing in this section shall be construed to require a school to construct an addition or new space to a school building to provide a private lactation space to comply with the requirements of the policy established under this section.
Md. Code, Human Services § 4-204 — MD Code / Article ghu / Title 4 / Subtitle 2 / Section 4-204
§4–204.
Status: in_force

(a) (1) The Executive Director is the administrative head of the Administration.

(2) The Executive Director shall devote the Executive Director’s whole time to the duties of the office.

(b) Subject to State and federal laws governing the administration of social services, the Executive Director shall:

(1) administer and organize the Administration;

(2) supervise the social service activities of the local departments; and

(3) supervise other agencies and institutions under the supervision of the Administration.

(c) (1) The Executive Director may prescribe the number and minimum qualifications of the personnel engaged in the administration of the activities of the Administration and of the local departments that are financed wholly or partly by the Administration.

(2) (i) As provided in the State budget, the Executive Director may appoint the personnel required to properly perform the duties of the Administration.

(ii) Except as otherwise provided, appointment and removal of all paid personnel under this title are subject to the provisions of the State Personnel and Pensions Article.

(d) The Executive Director shall submit budget estimates for the Administration to the Secretary.
Md. Code, Education § 4-205 — MD Code / Article ged / Title 4 / Subtitle 2 / Section 4-205
§4–205.
Status: in_force

(a) In addition to the other powers granted and duties imposed under this article, the county superintendent has the powers and duties set forth in this section.

(b) The county superintendent may administer oaths to witnesses in all appeals or cases that come before the county board.

(c) (1) Subject to the authority of the State Board under § 2–205(e) of this article, each county superintendent shall explain the true intent and meaning of:

(i) The school law; and

(ii) The applicable bylaws of the State Board.

(2) Subject to the provisions of § 6–203 and Title 6, Subtitle 4 of this article and without charge to the parties concerned, each county superintendent shall decide all controversies and disputes that involve:

(i) The rules and regulations of the county board; and

(ii) The proper administration of the county public school system.

(3) A decision of a county superintendent may be appealed to the county board if taken in writing within 30 days after the decision of the county superintendent. The decision may be further appealed to the State Board if taken in writing within 30 days after the decision of the county board.

(d) A contract made by a county board is not valid without the written approval of the county superintendent.

(e) (1) Acting as the executive officer of the county board, the county superintendent shall:

(i) Conduct all correspondence;

(ii) Receive all reports from principals and teachers; and

(iii) See that all reports are made and submitted properly.

(2) The county superintendent shall prepare and submit to the county board for adoption:

(i) All reports required of the county board by the State Board or the State Superintendent; and

(ii) The annual report to the people of the county required by § 5–111(b) of this article.

(f) The county superintendent:

(1) Shall advise teachers as to their further study and professional improvement;

(2) Shall develop a program of in–service training for all public school personnel; and

(3) May require attendance at an institution of higher education for future certification and professional improvement instead of in–service training.

(g) The county superintendent and the superintendent’s professional assistants shall:

(1) Visit the schools;

(2) Observe their management and instruction;

(3) Give suggestions for their improvement;

(4) Consult with and advise principals and teachers; and

(5) Try in every way to awaken public interest and improve educational conditions in the county.

(h) In accordance with the applicable rules and regulations of the State Board, the county superintendent periodically shall:

(1) Evaluate the program of instruction in the public schools of the county; and

(2) Report the superintendent’s findings and recommendations to the county board.

(i) The county superintendent shall prepare and recommend for adoption by the county board:

(1) Curriculum guides;

(2) Courses of study;

(3) Resource material; and

(4) Other teaching aids.

(j) (1) The county superintendent shall prepare lists of the following items needed by the schools:

(i) Textbooks;

(ii) Supplementary readers;

(iii) Materials of instruction;

(iv) Visual and auditory aids;

(v) Stationery and school supplies; and

(vi) School furniture, equipment, and apparatus.

(2) The county superintendent shall recommend the purchase and distribution of these items by the county board.

(k) The county superintendent shall:

(1) Take the initiative in the preparation and presentation of the annual school budget; and

(2) Seek in every way to secure adequate funds from local authorities for the support and development of the public schools in the county.

(l) (1) The county superintendent shall recommend to the county board:

(i) Condemnation of any school building that is unsanitary and unfit for use; and

(ii) Any repairs of or the purchase and sale of land, school sites, or buildings.

(2) Subject to the provisions of § 2–303(f) of this article that relate to approval by the State Superintendent, the county superintendent shall prepare all plans and specifications for remodeling an old building or constructing a new building.

(3) The county superintendent shall recommend to traffic safety officials of the State Highway Administration or of the county appropriate locations for posting flashing caution signs at or near the site of:

(i) A school;

(ii) School construction; or

(iii) School condemnation.

(m) The county superintendent shall provide the clerical help that is needed to issue work permits in accordance with § 3–206 of the Labor and Employment Article.
Md. Code, Business Occupations and Professions § 4-314 — MD Code / Article gbo / Title 4 / Subtitle 3 / Section 4-314
§4–314.
Status: in_force

(a) (1) Subject to the hearing provisions of § 4–315 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:

(i) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

(ii) fraudulently or deceptively uses a license;

(iii) is incompetent;

(iv) habitually is intoxicated or under the influence of any drug;

(v) falsifies a record submitted to the Board;

(vi) fails to use proper sanitary methods while practicing barbering;

(vii) fails to keep a barbershop in a sanitary condition;

(viii) under the laws of the United States or of any state, is convicted of:

1. a felony; or

2. a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to practice barbering or to provide barber–stylist services;

(ix) violates any provision of this title or any regulation adopted by the Board under this title; or

(x) fails to pay a civil penalty imposed by the Board under § 4–608 of this title.

(2) (i) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Board may impose a penalty not exceeding $300 for all violations cited on a single date.

(ii) To determine the amount of the penalty under this subsection, the Board shall consider:

1. the seriousness of the violation;

2. the good faith of the violator;

3. the violator’s history of previous violations;

4. the deleterious effect of the violation on the complainant, the public, and the barber industry; and

5. any other factors relevant to the determination of the financial penalty.

(3) The Board shall pay any penalty collected under this subsection into the General Fund of the State.

(b) The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(viii) of this section:

(1) the nature of the crime;

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

(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to practice barbering or to provide barber–stylist services;

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

(5) the behavior and activities of the applicant or licensee before and after the conviction.

(c) The Board shall commence proceedings under this section on a complaint to the Board by a member of the Board or any person.

(d) (1) A complaint shall:

(i) be in writing;

(ii) include the name and necessary contact information of the individual filing the complaint, as determined by the Board;

(iii) state specifically the facts on which the complaint is based;

(iv) be submitted to the Executive Director of the Board; and

(v) be served on the person to whom it is directed:

1. personally; or

2. by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person’s last known address as shown on the Board’s records.

(2) If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.

(3) If a complaint is made by any person other than a member of the Board, the complaint shall be made under oath by the person who submits the complaint.

(e) (1) Except as provided in subsection (f) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 4–315 of this subtitle to deny, suspend, or revoke a license, reprimand a licensee, or assess a penalty.

(2) If the Board does not make the finding, the Board shall dismiss the complaint.

(f) (1) If the Board makes the finding under subsection (e)(1) of this section for a violation that relates to the sanitary practice of barbering or the provision of barber–stylist services, the Board shall provide the licensee an opportunity to correct the alleged violation.

(2) If the licensee fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 4–315 of this subtitle.

(3) If the licensee corrects each alleged violation within 10 days of notice, the Board shall:

(i) dismiss the complaint; and

(ii) provide the licensee written notification of the dismissal.
Md. Code, Environment § 4-416 — MD Code / Article gen / Title 4 / Subtitle 4 / Section 4-416
§4–416.
Status: in_force

(a) The Attorney General, on the request of the Department, shall prosecute criminal cases or bring an action for an injunction against any person violating the provisions of this title, or violating any valid order or permit issued by the Department. In any action for an injunction brought pursuant to this section, any finding of the Department after hearing shall be prima facie evidence of each fact found.

(b) Upon a showing by the Attorney General, in behalf of the Department, that any person is violating or is about to violate the provisions of this subtitle or is violating or is about to violate any valid order or permit issued by the Department, an injunction shall be granted without the necessity of showing a lack of adequate remedy at law. In circumstances of emergency creating conditions of imminent danger to the public health, welfare or the environment, the Attorney General, on behalf of the Department, may institute a civil action for an immediate injunction to halt any pollution or other activity causing the danger.
Md. Code, Natural Resources § 4-11A-07 — MD Code / Article gnr / Title 4 / Subtitle 11A / Section 4-11A-07
§4–11A–07.
Status: in_force

(a) This section applies to a submerged land lease in the waters of the Atlantic Coastal Bays.

(b) (1) Subject to paragraph (2) of this subsection, the Department may issue to a person a submerged land lease in waters of the Atlantic Coastal Bays after the Department of the Environment classifies the waters as:

(i) Approved, conditionally approved, or restricted for harvest; or

(ii) Prohibited, provided that the lease is used exclusively for the planting and gathering of seed for aquaculture and the leaseholder complies with the requirements of the National Shellfish Sanitation Program as implemented by the Department.

(2) The Department may issue a submerged land lease in the waters of the Atlantic Coastal Bays to a corporation only if:

(i) The corporation is organized under the laws of the State; and

(ii) More than 50% of the stock in the corporation is owned by residents of the State.

(c) (1) A submerged land lease may not be located:

(i) Within a minimum of 50 feet of shoreline or any pier without the written permission of the riparian owner at the time of initial application for the lease;

(ii) Within 150 feet of the public shellfish fishery or a registered pound net site;

(iii) Within 150 feet of any oyster reserve or a Yates Bar located in an oyster sanctuary;

(iv) Within 150 feet of a federal navigational channel;

(v) Subject to paragraph (2) of this subsection, in any creek, cove, bay, or inlet less than 300 feet wide at its mouth at mean low tide;

(vi) In an SAV Protection Zone; or

(vii) In a setback or buffer from the Assateague Island National Seashore established by the Department.

(2) Paragraph (1)(v) of this subsection does not apply to a riparian owner or a lawful occupant of the riparian property.

(d) A person with a submerged land lease in the Atlantic Coastal Bays may cultivate shellfish on the submerged land, in temporary protective enclosures approved by the Department on the surface of the submerged land, or in any other manner authorized by the Department.

(e) (1) The Department may establish submerged land areas in the Atlantic Coastal Bays that:

(i) Are preapproved for leasing;

(ii) May not be leased; or

(iii) May be approved for leasing only on specific application and review by the Department.

(2) In establishing areas that are preapproved for leasing or that may not be leased under paragraph (1) of this subsection, the Department shall consider potential conflicts presented by other uses of the proposed area, including navigation, recreation, and commercial fishing.

(f) Notwithstanding any other provision of this subtitle, a lease of submerged land located within a sanctuary must be compatible with oyster restoration and must satisfy the criteria for permissible leasing within a sanctuary as provided in regulations adopted under this subtitle.
Md. Code, Natural Resources § 4-102 — MD Code / Article gnr / Title 4 / Subtitle 1 / Section 4-102
§4–102.
Status: in_force

(a) Any local or general law of the State which sets or regulates minimum and maximum sizes of fish, or regulates or prohibits the sale of fish, applies whether the fish are caught in the waters of the State or in the waters of any other state, county, or territory and brought into the State. Any fine or penalty prescribed for violation of these laws applies to the same extent.

(b) Notwithstanding any general or local laws or ordinances to the contrary, finfish, crabs, oysters, clams, and other shellfish, caught in the waters within the jurisdiction of the Potomac River Fisheries Commission, in compliance with regulations prescribed by the Commission pursuant to the Potomac River Compact of 1958, may be possessed, stored, marketed, and otherwise disposed of elsewhere in the State.
Md. Code, Agriculture § 4-230 — MD Code / Article gag / Title 4 / Subtitle 2 / Section 4-230
§4–230.
Status: in_force

This subtitle may be cited as the Maryland Poultry Products Inspection Act.
Md. Code, Housing and Community Development § 4-252 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-252
§4–252.
Status: in_force

The following are exempt at all times from taxation of every kind and nature whatsoever by the State, a political subdivision, or a governmental unit of any kind:

(1) a bond or note that the Administration issues under this part;

(2) the transfer of, interest payable on, or income derived from the bond or note; and

(3) profit realized by the sale or exchange of the bond or note.
Md. Code, Local Government § 4-305 — MD Code / Article glg / Title 4 / Subtitle 3 / Section 4-305
§4–305.
Status: in_force

(a) (1) By a petition presented to the legislative body of a municipality, at least 20% of the qualified voters for the municipal general election may initiate a proposed amendment to the municipal charter.

(2) Each individual signing the petition shall indicate on the petition the individual’s name and residence address.

(b) (1) On receiving the petition, the legislative body shall verify that each individual who signed the petition is a qualified voter for the municipal general election.

(2) The petition has no effect if it is signed by less than 20% of the qualified voters for the municipal general election.

(c) (1) Before voting on the proposed amendment initiated by the petition presented under subsection (a) of this section, the legislative body shall:

(i) hold a public hearing on the proposed amendment; and

(ii) give at least 21 days’ advance notice of the public hearing.

(2) If the legislative body approves of the amendment in the petition presented under subsection (a) of this section, the legislative body may adopt the proposed amendment by resolution and proceed in the same manner as if the amendment had been initiated by the legislative body and in compliance with §§ 4–303(a) and 4–304 of this subtitle.

(d) Except as provided in subsection (c) of this section, if the petition complies with this section, the legislative body, no later than 60 days after the petition is presented to the legislative body, shall specify by resolution adopted in accordance with its normal legislative procedure:

(1) the day and hours for the referendum; and

(2) the exact text that is to be placed on the ballot.

(e) (1) The legislative body may schedule the referendum for the next regular municipal general election or at a special election.

(2) If the legislative body schedules a special election, it shall be held not less than 40 days or more than 60 days after the resolution scheduling the referendum is adopted.

(f) (1) The chief executive officer of the municipality shall give notice of a submission of a proposed charter amendment by:

(i) 1. posting an exact copy of the proposed amendment at the main municipal building or other public place for at least 40 days immediately preceding the referendum at which the question is to be submitted; and

2. on the day of the referendum, posting a similar copy at the place for voting; and

(ii) 1. publishing notice of the referendum and a fair summary of the proposed amendment in a newspaper of general circulation in the municipality at least once in each of the 4 weeks immediately preceding the referendum; or

2. A. publishing a fair summary of the proposed amendment in a newspaper of general circulation in the municipality at least once; and

B. delivering a copy of a fair summary of the proposed charter amendment either by hand or by mail to every residence in the municipality.

(2) The delivery required under paragraph (1)(ii)2B of this subsection may be accomplished by including a fair summary of the proposed charter amendment in a printed newsletter or any other regular municipal publication.

(3) The municipality delivering a copy of a fair summary under paragraph (1)(ii)2B of this subsection shall:

(i) maintain a record of or a copy of the receipt for the delivery under the records retention and document disposal schedule of the municipality; and

(ii) make the record or copy available to the general public in accordance with the Maryland Public Information Act.
Md. Code, Housing and Community Development § 4-927 — MD Code / Article ghs / Title 4 / Subtitle 9 / Section 4-927
§4–927.
Status: in_force

(a) There is an Indoor Plumbing Program.

(b) The Department shall:

(1) operate the Indoor Plumbing Program; and

(2) make loans for rehabilitation projects that provide for adequate indoor plumbing from the Special Loan Programs Fund under this subtitle.

(c) (1) The terms for indoor plumbing loans shall meet the requirements of §§ 4-917 through 4-919 of this subtitle.

(2) The Department may forgive all or part of a deferred payment loan, if:

(i) the loan is made to a family of limited income that owns and occupies the dwelling and whose income is within a lower income range established under § 4-916(b) of this subtitle; and

(ii) the Secretary determines that the family of limited income does not have enough income to repay the principal amount of the loan.

(d) To qualify for an indoor plumbing loan, an applicant shall:

(1) own a building that is otherwise structurally sound, or for which the applicant provides a commitment from a lender to finance improvements needed to make the building structurally sound, and that:

(i) has no or incomplete indoor plumbing or a failing septic system; and

(ii) needs indoor plumbing pipes, equipment, wells, septic tanks or other on-site sewer system, or a connection to a community water or sewer system;

(2) live in the building and be a family of limited income, or rent at least two-thirds of the dwellings in the building to families of limited income; and

(3) submit to the Department a proposal for installing an adequate indoor plumbing system for water supply and sewage disposal, including any needed septic system, well, or connection to a community sewer or water system that meets the requirements of the Department of the Environment and every other governmental unit that has jurisdiction over the system.
Md. Code, Agriculture § 4-108 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-108
§4–108.
Status: in_force

(a) In each official establishment, the Secretary may perform the following acts:

(1) Antemortem inspection;

(2) Postmortem inspection; and

(3) Quarantine, segregation, or reinspection.

(b) Every livestock carcass, part of it, meat, or meat food product found by an inspector to be adulterated in any official establishment shall be retained for condemnation. If no appeal is taken from the determination of condemnation, the adulterated article shall be destroyed for human food purposes under the supervision of the inspector in the manner prescribed by the rules and regulations. However, any article which may be reprocessed so that it is not adulterated need not be condemned and destroyed if it is reprocessed under the supervision of an inspector and found to be not adulterated.

(c) If an appeal to the Secretary is taken from a determination of condemnation, the article shall be marked appropriately and segregated pending completion of an appeal inspection. If the Secretary determines that the appeal is frivolous, the appellant shall bear any cost of the appeal inspection. If the determination of condemnation is sustained, every article shall be destroyed for human food purposes in accordance with this section.

(d) Veterinary inspectors or inspectors supervised by veterinary inspectors shall conduct the inspections required by this section. For the purposes of this subsection, “veterinary inspector” means a veterinarian who has graduated from a college recognized by the American Veterinary Medical Association.
Md. Code, Housing and Community Development § 4-306 — MD Code / Article ghs / Title 4 / Subtitle 3 / Section 4-306
§4–306.
Status: in_force

The Program shall be operated with money in the Fund.
Md. Code, Estates and Trusts § 4-411 — MD Code / Article get / Title 4 / Subtitle 4 / Section 4-411
§4–411.
Status: reserved

(a) A legacy may be made in form or in substance to the trustee in accordance with the terms of a written inter vivos trust, including an unfunded life insurance trust although the settlor has reserved all rights of ownership in the insurance contracts, if the trust instrument has been executed and is in existence prior to or contemporaneously with the execution of the will and is identified in the will, without regard to the size or character of the corpus of the trust or whether the settlor is the testator or a third person.

(b) The legacy is valid even if the trust is subject to amendment or modification or may be terminated or revoked after the will is executed whether by the settlor or any other person, or if the trust instrument or an amendment to it was not executed in the manner required by the estates of decedents law for wills.

(c) Unless the will provides otherwise:

(1) The legacy is valid even if the trust was amended or modified after the will was executed, and the legacy shall be given effect in accordance with the terms of the trust as they appear in writing on the date of death of the testator, including any amendment or modification;

(2) Property passing under the legacy passes directly from the personal representative to the trustee of the inter vivos trust, becomes a part of the assets of the trust, and is not considered held under a separate testamentary trust;

(3) An entire revocation of the trust prior to the death of the testator makes the legacy inoperative within the meaning of § 4–404 of this subtitle, even though the revocation was not effected in the manner provided by this article for the revocation of wills; and

(4) Subject to paragraph (3) of this subsection, a termination of the trust in accordance with its terms, or by its exhaustion, or by operation of law, or for another reason does not invalidate the legacy.
Md. Code, State Government § 4-109 — MD Code / Article gsg / Title 4 / Subtitle 1 / Section 4-109
§4–109.
Status: in_force

The bond of each register of wills and each other officer and employee of the State or unit of the State shall be made to the State and, other than the bond of the Comptroller, each bond when executed shall be filed with the Comptroller after any approval of the bond required by statute.
Md. Code, Health Occupations § 4-102 — MD Code / Article gho / Title 4 / Subtitle 1 / Section 4-102
§4–102.
Status: in_force

(a) (1) Except as otherwise provided in this subsection, this title does not limit the right of an individual to practice a health occupation that the individual is authorized to practice under this article.

(2) The provisions of this title do not affect a physician while practicing medicine, unless the physician practices dentistry as a specialty.

(b) This title does not prohibit an educational program broadcast on radio or television by the Department or by the health department of a political subdivision of this State.
Md. Code, State Finance and Procurement § 4-316.1 — MD Code / Article gsf / Title 4 / Subtitle 3 / Section 4-316.1
§4–316.
Status: in_force

§4–316.1.

The Department, in consultation with the Maryland Cybersecurity Coordinating Council established in § 3.5–2A–05 of this article, shall study the security and financial implications of executing partnerships with other states to procure information technology and cybersecurity products and services, including the implications for political subdivisions of the State.
Md. Code, Insurance § 4-211 — MD Code / Article gin / Title 4 / Subtitle 2 / Section 4-211
§4–211.
Status: in_force

(a) This section does not apply to wet marine and transportation insurance.

(b) (1) If an insured procures, continues, or renews insurance from an unauthorized insurer that is subject to a report under § 4–210 of this subtitle, a premium receipts tax of 3% of the gross premiums charged for the insurance is levied on the obligation, chose in action, or right represented by the premium charged for the insurance.

(2) If an insurance contract subject to the tax is canceled and rewritten, the additional premium, for purposes of the premium receipts tax, is the premium in excess of the unearned premium of the canceled insurance contract.

(c) If the insured fails to withhold from the premium the amount of the tax levied under this section, the insured is liable for the amount of the tax imposed under subsection (b) of this section and shall pay the tax to the Commissioner.

(d) If the tax imposed under subsection (b) of this section is not timely paid, the amount of the tax due shall be increased by a penalty of:

(1) 25% of the tax due; and

(2) an amount computed at the rate of 1% per month or part of a month after the date the payment is due until the date the payment is made.

(e) If the tax is not timely paid under this section, on request of the Commissioner, the Attorney General shall proceed in a court of this State or another state or in a federal court or agency to recover the tax.
Md. Code, Housing and Community Development § 4-2913 — MD Code / Article ghs / Title 4 / Subtitle 29 / Section 4-2913
§4–2913.
Status: in_force

(a) (1) The Department or a public housing agency may deny assistance under the State Program by:

(i) denying a voucher under the State Program;

(ii) withdrawing a State Program voucher;

(iii) refusing to enter into a contract for housing assistance payments; or

(iv) refusing to approve a lease under the State Program.

(2) The Department or a public housing agency shall deny assistance under the State Program to sex offenders who are subject to a lifetime registration requirement under a State sex offender registration program.

(3) The Department or a public housing agency may deny assistance under the State Program if the Department or a public housing agency finds that any individual residing in a unit rented using assistance from the State Program has been convicted of:

(i) a drug–related crime under State law; or

(ii) a violent crime.

(4) If the Department or public housing agency denies assistance under the State Program, the Department or the public housing agency shall promptly provide the applicant with a notice explaining the denial and indicating that the applicant may request an informal review.

(b) (1) The Department or a public housing agency may terminate assistance under the State Program by:

(i) refusing to enter into a State Program contract;

(ii) refusing to approve a lease under the State Program; or

(iii) terminating housing assistance payments under a State Program contract.

(2) The Department or a public agency shall terminate assistance under the State Program for:

(i) families who were evicted under the State program for serious violations of the lease;

(ii) families who fail to sign any forms from the Department or a public housing agency indicating consent to obtain information; and

(iii) sex offenders subject to a lifetime registration requirement under a State sex offender registration program.

(c) When determining the denial or termination of assistance under the State Program, the Department may consider all relevant circumstances, including the seriousness of the case, the extent of participation or culpability of individual family members, mitigating circumstances related to the disability of a family member, and the effects of denial or termination of assistance on other family members who were not involved in the action or failure if a family member:

(1) violates any obligations under the State Program;

(2) has been evicted from federally assisted housing for violent criminal activity that threatened the health, safety, or welfare of other residents within the preceding 3 years;

(3) has committed fraud, bribery, or any other corrupt or criminal act in connection with the State Program;

(4) owes a financial obligation to the Department or public housing agency in connection with another housing or rental assistance program;

(5) breaches a repayment agreement to pay amounts owed to the Department or public housing agency;

(6) has engaged in or threatened abusive or violent behavior toward Department or public housing agency employees, the property owner or property management staff, or other residents; or

(7) receives assistance under the State Program and is absent from the unit for more than 180 consecutive days.

(d) (1) The Department or a public housing agency may prohibit other family members who participated in or were culpable for actions specified under this section from residing in a unit rented using assistance from the State Program.

(2) In making the determination under paragraph (1) of this subsection, the Department or a public housing agency may consider:

(i) the seriousness of the case;

(ii) the extent of participation by or culpability of individual family members;

(iii) mitigating circumstances related to the disability of a family member; and

(iv) the effects of the prohibition on other family members who were not involved in the action or failure.
Md. Code, Business Occupations and Professions § 4-604 — MD Code / Article gbo / Title 4 / Subtitle 6 / Section 4-604
§4–604.
Status: in_force

(a) (1) Unless authorized under this title to practice barbering, a person may not represent to the public, by use of a title, including “licensed barber”, “master barber”, or “journey barber”, by description of services, methods, or procedures, or otherwise, that the person is authorized to practice barbering in the State.

(2) If an individual is authorized under this title to engage in the limited practice of barbering, the individual may represent to the public that the individual is authorized to practice barbering in a manner restricted to that limited practice.

(b) Unless an establishment holds a barbershop permit under this title, a person may not represent to the public, by title, by description of services, methods, or procedures, or otherwise, that the establishment is a barbershop.
Md. Code, State Finance and Procurement § 4-505 — MD Code / Article gsf / Title 4 / Subtitle 5 / Section 4-505
§4–505.
Status: in_force

(a) Except as provided in subsection (b) of this section, money received from the auction or sale of any surplus personal property in excess of charges which might be imposed by the Department of General Services for conducting the auction or sale shall be deposited in the General Fund of the State. If the Department of Budget and Management approves, the money in excess of the service charge may be credited to the account of the unit of the State government that declared the property to be excess personal property.

(b) Money received from the auction or sale of surplus personal property shall be deposited as follows:

(1) if the item was purchased from a special fund appropriation, the proceeds shall be deposited in the appropriate special fund;

(2) if the item was purchased with bond money, the proceeds shall be deposited in the Annuity Bond Fund; and

(3) if the item was purchased with federal money, the proceeds shall be disbursed in accordance with federal law.
Md. Code, Health - General § 4-204 — MD Code / Article ghg / Title 4 / Subtitle 2 / Section 4-204
§4–204.
Status: in_force

(a) The Secretary shall collect, index, and safeguard from fire, loss, or damage each certificate of birth, death, and fetal death.

(b) After registration of a completed birth, death, or fetal death certificate, the Secretary shall provide a copy of the original certificate to the county registrar for the county where the event occurred and the county registrar where the subject of the certificate resides or resided if the county of residence is different from the county where the event occurred.

(c) A copy of a certificate provided to a county registrar under this section may be used by the county health department to carry out public health functions.

(d) A copy of a certificate provided under this section may be photographic or electronic or produced by other means as prescribed by the Secretary.
Md. Code, General Provisions § 4-301 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-301
§4–301.
Status: in_force

(a) Subject to subsection (b) of this section, a custodian shall deny inspection of a public record or any part of a public record if:

(1) by law, the public record is privileged or confidential; or

(2) the inspection would be contrary to:

(i) a State statute;

(ii) a federal statute or a regulation that is issued under the statute and has the force of law;

(iii) the rules adopted by the Supreme Court of Maryland; or

(iv) an order of a court of record.

(b) If an applicant files a complaint with the Ombudsman challenging a denial or the application of an exemption under this subtitle, the custodian shall demonstrate that:

(1) the denial or the exemption is clearly applicable to the requested public record; and

(2) if inspection is denied under Part IV of this subtitle, the harm from disclosure of the public record is greater than the public interest in access to the information in the public record.
Md. Code, Housing and Community Development § 4-240 — MD Code / Article ghs / Title 4 / Subtitle 2 / Section 4-240
§4–240.
Status: in_force

(a) Except as provided in subsection (c) of this section, a mortgage lender shall make a certificate under this section for every residential mortgage loan that the lender makes under a purchase commitment by the Administration with:

(1) the proceeds of purchase of a mortgage loan by the Administration; or

(2) the proceeds of a loan from the Administration.

(b) The certificate shall state that in the mortgage lender’s opinion, based on information given by the mortgagor and on the lender’s knowledge of the prevailing terms and standards of mortgage lending in the area, the mortgagor could not get a mortgage loan on the property in the unassisted private lending market.

(c) The Secretary may waive the requirement for the mortgage lender’s certificate for a residential mortgage loan to a homeowner:

(1) if the homeowner’s primary residence is located in a sustainable community, for the purchase or rehabilitation of the homeowner’s primary residence;

(2) for the refinancing of a residential mortgage loan of the homeowner if the loan was made by the Department or Administration; or

(3) for either of the purposes specified in § 4–237(a)(1)(v) of this subtitle.
Md. Code, Natural Resources § 4-1014.4 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1014.4
§4–1014.
Status: in_force

§4–1014.4.

(a) This section applies only to the waters of the State that lie contiguous to Dorchester County in the Chesapeake Bay.

(b) A person may not catch oysters in an oyster sanctuary that was established by regulations adopted by the Department.
Md. Code, Courts and Judicial Proceedings § 4-202 — MD Code / Article gcj / Title 4 / Subtitle 2 / Section 4-202
§4–202.
Status: in_force

(a) A District Court has the authority provided under Title 3 of the Criminal Procedure Article.

(b) A District Court has the following authority provided in the Health – General Article:

(1) Under Title 8 of that article, the authority to commit an individual for detoxification or for observation, evaluation, or treatment of alcoholism;

(2) Under Title 8 of that article, the authority to commit an individual for observation, evaluation, or treatment of drug abuse; and

(3) Under Title 10 of that article, the authority to order emergency evaluation of an individual for a mental disorder.
Md. Code, Environment § 4-305 — MD Code / Article gen / Title 4 / Subtitle 3 / Section 4-305
§4–305.
Status: in_force

The sewage disposal plant owner or operator shall be liable to the county or governmental unit for funds expended for sewage improvements, costs, and attorneys’ fees. The sewage improvement expenses, costs and fees constitute a lien against the property if recorded and indexed as provided in this subtitle and are collectable as taxes.
Md. Code, Natural Resources § 4-603 — MD Code / Article gnr / Title 4 / Subtitle 6 / Section 4-603
§4–603.
Status: in_force

Pursuant to § 4–602 of this subtitle, the Department shall establish open seasons for catching species of game and freshwater fish in nontidal waters.
Md. Code, Corporations and Associations § 4A-803 — MD Code / Article gca / Title 4A / Subtitle 8 / Section 4A-803
§4A–803.
Status: in_force

In a derivative action, the complaint shall set forth with particularity the attempts, if any, of the plaintiff to secure initiation of the action the plaintiff desires by the limited liability company or the reasons for not making the effort.
Md. Code, State Finance and Procurement § 4-703 — MD Code / Article gsf / Title 4 / Subtitle 7 / Section 4-703
§4–703.
Status: in_force

(a) (1) The Board consists of 7 members.

(2) (i) Upon the recommendation of the Secretary and with the advice and consent of the Senate, the Governor shall appoint the members from a list of names:

1. of architects, submitted by the Baltimore, Chesapeake Bay, and Potomac Valley chapters of the American Institute of Architects;

2. of engineers, submitted by the Maryland Society of Professional Engineers; and

3. of landscape architects, submitted by the Maryland Chapter of the American Society of Landscape Architects.

(ii) There shall be at least 5 names on the list submitted by each organization.

(3) The Board shall consist of architects and at least 1 engineer, 1 landscape architect, and 1 architect who specializes or has particular experience in building preservation.

(b) The term of a member is 4 years.

(c) A member of the Board:

(1) may not receive compensation; but

(2) is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Health - General § 4-302 — MD Code / Article ghg / Title 4 / Subtitle 3 / Section 4-302
§4–302.
Status: in_force

(a) A health care provider shall:

(1) Keep the medical record of a patient or recipient confidential; and

(2) Disclose the medical record only:

(i) As provided by this subtitle; or

(ii) As otherwise provided by law.

(b) The provisions of this subtitle do not apply to information:

(1) Not kept in the medical record of a patient or recipient that is related to the administration of a health care facility, including:

(i) Risk management;

(ii) Quality assurance; and

(iii) Any activities of a medical or dental review committee that are confidential under the provisions of § 1–401 and Title 4, Subtitle 5 of the Health Occupations Article and any activities of a pharmacy review committee;

(2) Governed by the federal confidentiality of alcohol and drug abuse patient records regulations, 42 C.F.R. Part 2 and the provisions of § 8–601(c) of this article; or

(3) Governed by the developmental disability confidentiality provisions in §§ 7–1008 through 7–1011 of this article.

(c) (1) Unless the patient has restricted or prohibited the disclosure of directory information, a health care provider may disclose directory information about a patient to an individual who has asked for the patient by name.

(2) A health care provider shall:

(i) Inform a patient of the health care information that the health care provider may include in a directory and the persons to whom the health care provider may disclose the information; and

(ii) As soon as practicable, provide the patient with the opportunity to restrict or prohibit disclosure of directory information.

(3) If providing an opportunity under paragraph (2)(ii) of this subsection to restrict or prohibit the disclosure of directory information is not practicable because of the patient’s incapacity or need for emergency care or treatment, a health care provider may disclose the patient’s directory information if the disclosure is:

(i) Consistent with a prior expressed preference of the patient that is known to the health care provider; and

(ii) Determined to be, based on the health care provider’s professional judgment, in the patient’s best interest.

(d) A person to whom a medical record is disclosed may not redisclose the medical record to any other person unless:

(1) The redisclosure is:

(i) Authorized by the person in interest;

(ii) Otherwise permitted by this subtitle;

(iii) Permitted under § 1–202(b) or (c) of the Human Services Article; or

(iv) Directory information; or

(2) (i) The person to whom the medical record was disclosed is a guardian ad litem who received the medical record in accordance with § 4–306(b)(12) of this subtitle;

(ii) A reasonable effort to secure a qualified protective order has been made in accordance with 42 C.F.R. § 164.512(e)(1)(v); and

(iii) The guardian ad litem determines that it is necessary to redisclose the medical record to carry out the guardian ad litem’s official function to protect the best interests of a minor or a disabled or elderly individual in a criminal or juvenile delinquency court proceeding.

(e) (1) Except as provided in paragraph (2) of this subsection, a person may not disclose by sale, rental, or barter any medical record.

(2) This subsection shall not prohibit the transfers of medical records relating to the transfer of ownership of a health care practice or facility if the transfer is in accord with the ethical guidelines of the applicable health care profession or professions.

(f) The provisions of this subtitle may not be construed to constitute an exception to the reporting requirements of Title 5, Subtitle 7 and Title 14, Subtitle 3 of the Family Law Article.
Md. Code, Alcoholic Beverages and Cannabis § 4-304 — MD Code / Article gab / Title 4 / Subtitle 3 / Section 4-304
§4–304.
Status: in_force

A local licensing board may not allow the transfer of a license until the transferor has:

(1) complied with the Bulk Transfers Act under Title 6 of the Commercial Law Article; and

(2) provided to the local licensing board an affidavit that certifies compliance with the Bulk Transfers Act.
Md. Code, Financial Institutions § 4-205 — MD Code / Article gfi / Title 4 / Subtitle 2 / Section 4-205
§4–205.
Status: in_force

(a) When articles of incorporation are filed for record in accordance with § 4-204 of this subtitle, the savings bank becomes a corporation.

(b) Notwithstanding any charter provision or provision of law, each savings bank has the right to perpetual existence until forfeiture.
Md. Code, Economic Development § 4-501 — MD Code / Article gec / Title 4 / Subtitle 5 / Section 4-501
§4–501.
Status: in_force

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

(b) “Arts” includes dance, drama, music drama, architecture, painting, sculpture, graphics, crafts, photography, design, film, television, and creative writing.

(c) “Council” means the Maryland State Arts Council.
Md. Code, Education § 4-129 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-129
§4–129.
Status: in_force

The right of an employee of a county board of education to engage in political activity is subject to Title 1, Subtitle 3 of the Local Government Article.
Md. Code, Housing and Community Development § 4-1207 — MD Code / Article ghs / Title 4 / Subtitle 12 / Section 4-1207
§4–1207.
Status: in_force

(a) Except as provided in subsection (c) of this section, the Department may approve an application for a proposed partnership project only if:

(1) the application is authorized by the chief elected official of the political subdivision or, if there is no chief elected official, by the governing body of the political subdivision in which the project is located;

(2) the political subdivision or housing authority:

(i) contributes from non–State sources the land for the partnership rental housing;

(ii) funds the part of the acquisition cost of the property that is attributable to the value of the land; or

(iii) makes a contribution under § 4–1208(d)(2) of this subtitle that equals or exceeds the value of the land;

(3) the political subdivision or housing authority is to have an ownership interest in the partnership project or in the rental units financed by the Program and sold to the political subdivision or housing authority or to a partnership that includes the political subdivision or housing authority;

(4) the political subdivision or housing authority directly or indirectly manages the partnership project;

(5) the rental units financed by the Program are to be occupied on completion of the acquisition, construction, reconstruction, renovation, or rehabilitation by households of lower income;

(6) unless prohibited by any applicable federal requirement, the households of lower income occupying the partnership project or the part financed by the Program are required to contribute services to enhance or maintain the partnership project or the community in a way that the political subdivision or housing authority accepts; and

(7) it is reasonable to anticipate that:

(i) more State subsidies will not be needed for long–term occupancy by households of lower income; and

(ii) rental income, including any contribution to allow for more affordable rents under § 4–1208(d) of this subtitle, will be enough to pay the operating costs of the partnership project and to build an adequate reserve for the long–term maintenance and renovation of the partnership project.

(b) The rental units financed by the Program may include, as among those that must be occupied by households of lower income, rental units restricted for occupancy to meet other federal or State occupancy requirements.

(c) The Department may approve the use of partnership rental housing funds for a unit of partnership rental housing that does not comply with each requirement set forth in subsection (a) of this section if:

(1) the unit will be occupied by a household of lower income that includes one or more individuals with disabilities or special needs; and

(2) the project in which the unit is located complies with the requirements of the other State housing programs financing the project, if any.
Md. Code, Corporations and Associations § 4A-1103 — MD Code / Article gca / Title 4A / Subtitle 11 / Section 4A-1103
§4A–1103.
Status: in_force

(a) In this section, “facts ascertainable outside the articles of conversion” includes:

(1) An action or a determination by any person, including:

(i) The limited liability company or other entity, as applicable;

(ii) The members, partners, directors, trustees, officers, or other agents of the limited liability company or other entity; and

(iii) Any other person affiliated with the limited liability company or other entity; and

(2) Any other event.

(b) Articles of conversion shall be filed for record with the Department.

(c) In a conversion of a limited liability company to an other entity, the articles of conversion shall set forth:

(1) The name of the limited liability company and the date of filing of the original articles of organization with the Department;

(2) The name of the other entity to which the limited liability company will be converted and the place of incorporation or organization of the other entity;

(3) A statement that the conversion has been approved in accordance with the provisions of this subtitle;

(4) The manner and basis of converting or exchanging membership interests in the limited liability company into shares of stock, membership interests, partnership interests, beneficial interests, or other ownership interests of the other entity, or other consideration, and the treatment of any membership interests not to be converted or exchanged, any of which may be made dependent on facts ascertainable outside the articles of conversion;

(5) If the other entity is not organized under the laws of this State:

(i) The location of the principal office in the place where it is organized; and

(ii) The name and address of the resident agent in this State; and

(6) Any other provision necessary to effect the conversion.

(d) In a conversion of an other entity to a limited liability company, the articles of conversion shall set forth:

(1) The name of the other entity, the date on which the other entity was first created, and the place of incorporation or organization of the other entity;

(2) The name of the limited liability company to which the other entity will be converted;

(3) A statement that the conversion has been approved in accordance with the provisions of this subtitle;

(4) The manner and basis of converting or exchanging any outstanding shares of stock, membership interests, partnership interests, beneficial interests, or other ownership interests of the other entity into membership interests in the limited liability company or other consideration, and the treatment of any outstanding shares of stock, membership interests, partnership interests, beneficial interests, or other ownership interests not to be converted or exchanged, any of which may be made dependent on facts ascertainable outside the articles of conversion; and

(5) Any other provision necessary to effect the conversion.

(e) The articles of conversion may contain a future effective time for the articles of conversion that is not later than 30 days after the articles of conversion are accepted for record.
Md. Code, Transportation § 4-405 — MD Code / Article gtr / Title 4 / Subtitle 4 / Section 4-405
§4–405.
Status: in_force

(a) For the purpose of providing information to the driving public on the availability of gas, food, lodging, or camping facilities, the Authority may place along interstate highways specific information or business signs as defined in the applicable federal standards.

(b) In implementing this program, the Authority shall conform with the provisions of § 8-605(d) of this article, and shall utilize the rules and regulations adopted by the State Highway Administration under that subsection.
Md. Code, Natural Resources § 4-215.3 — MD Code / Article gnr / Title 4 / Subtitle 2 / Section 4-215.3
§4–215.
Status: in_force

§4–215.3.

(a) The General Assembly finds that robust fishing resources are critical to the economy of the State and vital to a treasured heritage and way of life.

(b) The General Assembly intends that the Department shall manage the fisheries under § 4–215 of this subtitle to optimize the yield of fishery resources for the benefit of all citizens of the State.
Md. Code, Financial Institutions § 4-209 — MD Code / Article gfi / Title 4 / Subtitle 2 / Section 4-209
§4–209.
Status: in_force

(a) Payment to the initial guaranty fund shall be:

(1) Made in money; and

(2) Evidenced by transferable deferred payment certificates.

(b) The approval of the Commissioner is required as to:

(1) The form of the transferable deferred payment certificates;

(2) The rate of interest that the holder of a certificate will be entitled to receive; and

(3) The terms under which and the pro rata installments by which the holder of a certificate will be repaid.
Md. Code, State Finance and Procurement § 4-209 — MD Code / Article gsf / Title 4 / Subtitle 2 / Section 4-209
§4–209.
Status: reserved

The Department of General Services, the Department of Transportation, and the University System of Maryland shall reserve a reasonable amount of space in State buildings under their control, subject to regulations adopted by the Board of Public Works, so that any law enforcement agency or State recognized nonprofit advocacy group for abducted children can display the picture of a child abducted in a noncustody-related abduction in the reserved space.
Md. Code, Local Government § 4-301 — MD Code / Article glg / Title 4 / Subtitle 3 / Section 4-301
§4–301.
Status: in_force

A municipality shall act in accordance with this subtitle in exercising the powers to amend its municipal charter that are granted under Article XI–E of the Maryland Constitution.