Md. Code, Corporations and Associations § 1-201.2 — MD Code / Article gca / Title 1 / Subtitle 2 / Section 1-201.2
§1–201.
Status: in_force

§1–201.2.

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

(2) “Address” means an address appearing on a governing document, charter, or other document filed for inclusion in the Department’s records.

(3) “Owner” means any person listed as an owner of real property in the Department’s records.

(b) A person may not use or maintain an improper or outdated:

(1) Principal office address;

(2) Resident agent address; or

(3) Mailing address.

(c) (1) An owner who believes that the owner’s address is being used or maintained in violation of subsection (b) of this section may submit to the Department an affidavit stating the factual basis for that belief.

(2) On receipt of an affidavit under paragraph (1) of this subsection, the Department shall send to the person using or maintaining the disputed address a notice that:

(i) Includes any address in question;

(ii) Indicates any Department identification number associated with the person;

(iii) States the prohibition under subsection (b) of this section;

(iv) States that the Department has reason to believe that the address is being used improperly or in an outdated manner and describes the factual basis for that belief; and

(v) Advises that the address may be stricken from the Department’s records unless, within 45 days after the notice was sent by the Department, the person submits to the Department an affidavit that:

1. States the person’s belief that the address does not violate subsection (b) of this section; and

2. Provides the factual basis for that belief.

(3) (i) An affidavit submitted under this subsection shall be sworn under penalty of perjury and made on a form adopted by the Department.

(ii) The notice required under this subsection shall be sent by certified mail, return receipt requested, to the person at:

1. Any address in the Department’s records other than the disputed address; or

2. In the absence of any other address, the disputed address.

(d) The Department may void an address and place an entity in not–in–good–standing status if the Department does not receive from the entity’s resident agent or other authorized person an affidavit described under subsection (c)(2)(v) of this section within the stated 45–day period.

(e) (1) If the Department receives a completed affidavit that disputes the alleged fraud in response to the notice sent by the Department in accordance with subsection (c)(2)(v) of this section, the Department shall send a notice stating that the Department will take no further action unless ordered to do so by a court of competent jurisdiction.

(2) The notice required under paragraph (1) of this subsection shall be sent by certified mail, return receipt requested, to:

(i) The person who filed the affidavit described in subsection (c) of this section; and

(ii) The entity’s resident agent.

(f) (1) A person who disagrees with a determination made by the Department under subsection (d) of this section may file a petition in the circuit court for the county in which the person resides or in which the resident agent is located seeking a determination of the validity of the governing document, charter, or other document.

(2) The Department may not be joined as a party to a proceeding under this subsection.

(3) If the court determines that the address is being used in violation of this section:

(i) The court shall order that the address be voided; and

(ii) The prevailing party shall provide a copy of the order to the Department.

(4) On receipt of a court order requiring the voiding of an address, the Department shall:

(i) Void the address; and

(ii) File a record indicating that the address was voided in accordance with a court order.

(5) The court may award to the prevailing party in a proceeding under this subsection:

(i) Damages sustained by the prevailing party; and

(ii) Reasonable attorney’s fees and costs.

(g) The Department may not:

(1) Charge a fee to carry out its obligations under this section, including for the sending of any notices required under this section; or

(2) Refund any fee paid for recording a document or entity voided under this section.
Md. Code, Business Occupations and Professions § 1-207 — MD Code / Article gbo / Title 1 / Subtitle 2 / Section 1-207
§1–207.
Status: in_force

(a) In this section, “license” means all or any part of permission that:

(1) is required by law to be obtained from a unit;

(2) is not required only for revenue purposes; and

(3) is in any form, including:

(i) an approval;

(ii) a certificate;

(iii) a charter;

(iv) a permit; or

(v) a registration.

(b) This section:

(1) applies only to a fee for an initial license issued for a 2-year term under the provisions of this article;

(2) does not apply to a fee renewal of a license; and

(3) may not affect any other law that requires a unit to prorate a fee on any basis for the issuance or renewal of a license.

(c) (1) For a license issued at any time during the first year of the term of the license, the issuing authority shall charge the full amount of the fee to the license applicant.

(2) For a license issued in the second year of the term of the license, the issuing authority shall charge the license applicant:

(i) one-half of the fee, if issued in the first 6 months of the second year; or

(ii) one-quarter of the fee, if issued in the last 6 months of the second year.
Md. Code, Corporations and Associations § 1-303 — MD Code / Article gca / Title 1 / Subtitle 3 / Section 1-303
§1–303.
Status: in_force

(a) A corporation may acknowledge by its appointed attorney any document required by law to be acknowledged, and the appointment may be in the document.

(b) The document may be acknowledged by the president or a vice president of the corporation without any appointment.
Md. Code, Courts and Judicial Proceedings § 1-701 — MD Code / Article gcj / Title 1 / Subtitle 7 / Section 1-701
§1–701.
Status: in_force

A judge’s salary may not be diminished during his continuance in office.
Md. Code, Local Government § 1-1416 — MD Code / Article glg / Title 1 / Subtitle 14 / Section 1-1416
§1–1416.
Status: in_force

(a) An authority may bring a civil action to prevent, restrain, or enjoin the waste of or unlawful removal of any property from real property held by the authority.

(b) (1) An authority shall be made a party to any action to set aside:

(i) title to property the authority holds; or

(ii) the sale of property by the authority.

(2) A hearing in an action under this subsection may not be held until the authority is served in accordance with the Maryland Rules.
Md. Code, Local Government § 1-1209 — MD Code / Article glg / Title 1 / Subtitle 12 / Section 1-1209
§1–1209.
Status: in_force

Adjudication of a violation of this subtitle is not a criminal conviction for any purpose.
Md. Code, Tax - General § 1-304 — MD Code / Article gtg / Title 1 / Subtitle 3 / Section 1-304
§1–304.
Status: in_force

For each evaluation required under this subtitle, the Department shall:

(1) consult with:

(i) the Department of Budget and Management;

(ii) the Comptroller; and

(iii) the department, instrumentality of the State, or local government that administers the tax credit, exemption, or preference under evaluation; and

(2) prepare a plan for the evaluation.
Md. Code, Commercial Law § 1-304 — MD Code / Article gcl / Title 1 / Subtitle 3 / Section 1-304
§1–304.
Status: in_force

Every contract or duty within the Maryland Uniform Commercial Code imposes an obligation of good faith in its performance and enforcement.
Md. Code, Alcoholic Beverages and Cannabis § 1-319 — MD Code / Article gab / Title 1 / Subtitle 3 / Section 1-319
§1–319.
Status: in_force

The Executive Director shall enforce the provisions of this article and provisions of the Tax – General Article relating to alcoholic beverages applicable to:

(1) the purchase or importation of alcoholic beverages by a department of liquor control, a liquor control board, or the Alcohol Beverage Services for Montgomery County; and

(2) the sale of alcoholic beverages to a wholesaler or retail dealer by a department of liquor control, a liquor control board, or the Alcohol Beverage Services for Montgomery County.
Md. Code, Courts and Judicial Proceedings § 1-505 — MD Code / Article gcj / Title 1 / Subtitle 5 / Section 1-505
§1–505.
Status: in_force

(a) This section applies to a circuit courthouse that is constructed or undergoes a major renovation project on or after October 1, 2025.

(b) A circuit courthouse shall maintain on its premises a private lactation room that may be used by employees of the court and members of the public to nurse and express breast milk.

(c) The lactation room required under this section shall include:

(1) A chair with a table and electrical outlet nearby to accommodate placement of a breast pump device;

(2) A door that may be locked from the inside;

(3) A sink; and

(4) A refrigerator.
Md. Code, Health Occupations § 1-401 — MD Code / Article gho / Title 1 / Subtitle 4 / Section 1-401
§1–401.
Status: in_force

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

(2) (i) “Alternative health care system” means a system of health care delivery other than a hospital or related institution.

(ii) “Alternative health care system” includes:

1. A health maintenance organization;

2. A preferred provider organization;

3. An independent practice association;

4. A community health center that is a nonprofit, freestanding ambulatory health care provider governed by a voluntary board of directors and that provides primary health care services to the medically indigent;

5. A freestanding ambulatory care facility as that term is defined in § 19–3B–01 of the Health – General Article; or

6. Any other health care delivery system that utilizes a medical review committee.

(3) “Medical review committee” means a committee or board that:

(i) Is within one of the categories described in subsection (b) of this section; and

(ii) Performs functions that include at least one of the functions listed in subsection (c) of this section.

(4) (i) “Provider of health care” means any person who is licensed by law to provide health care to individuals.

(ii) “Provider of health care” does not include any nursing institution that is conducted by and for those who rely on treatment by spiritual means through prayer alone in accordance with the tenets and practices of a recognized church or religious denomination.

(5) “The Maryland Health Care Commission” means the State agency described in § 19–103 of the Health – General Article.

(6) “The Maryland Institute for Emergency Medical Services Systems” means the State agency described in § 13–503 of the Education Article.

(b) For purposes of this section, a medical review committee is:

(1) A regulatory board or agency established by State or federal law to license, certify, or discipline any provider of health care;

(2) A committee of the Maryland State Medical Society or any of its component societies or a committee of any other professional society or association composed of providers of health care;

(3) A committee appointed by or established in the Department or a local health department for review purposes;

(4) A committee appointed by or established in the Maryland Institute for Emergency Medical Services Systems;

(5) A committee of the medical staff or other committee, including any risk management, credentialing, or utilization review committee established in accordance with § 19–319 of the Health – General Article, of a hospital, related institution, or alternative health care system, if the governing board of the hospital, related institution, or alternative health care system forms and approves the committee or approves the written bylaws under which the committee operates;

(6) A committee or individual designated by the holder of a pharmacy permit, as defined in § 12–101 of this article, that performs the functions listed in subsection (c) of this section, as part of a pharmacy’s ongoing quality assurance program;

(7) Any person, including a professional standard review organization, who contracts with an agency of this State or of the federal government to perform any of the functions listed in subsection (c) of this section;

(8) Any person who contracts with a provider of health care to perform any of those functions listed in subsection (c) of this section that are limited to the review of services provided by the provider of health care;

(9) An organization, established by the Maryland Hospital Association, Inc. and the Maryland State Medical Society, that contracts with a hospital, related institution, or alternative delivery system to:

(i) Assist in performing the functions listed in subsection (c) of this section; or

(ii) Assist a hospital in meeting the requirements of § 19–319(e) of the Health – General Article;

(10) A committee appointed by or established in an accredited health occupations school;

(11) An organization described under § 14–501 of this article that contracts with a hospital, related institution, or health maintenance organization to:

(i) Assist in performing the functions listed in subsection (c) of this section; or

(ii) Assist a health maintenance organization in meeting the requirements of Title 19, Subtitle 7 of the Health – General Article, the National Committee for Quality Assurance (NCQA), or any other applicable credentialing law or regulation;

(12) An accrediting organization as defined in § 14–501 of this article;

(13) A Mortality and Quality Review Committee established under § 5–802 of the Health – General Article or a Morbidity, Mortality, and Quality Review Committee established under § 18–107 of the Health – General Article;

(14) A center designated by the Maryland Health Care Commission as the Maryland Patient Safety Center that performs the functions listed in subsection (c)(1) of this section; or

(15) The Maryland Health Care Commission or its staff, when performing the functions listed in subsection (c) of this section, provided that the data or medical information under review is furnished to the Maryland Health Care Commission by another medical review committee.

(c) For purposes of this section, a medical review committee:

(1) Evaluates and seeks to improve the quality of health care provided by providers of health care;

(2) Evaluates the need for and the level of performance of health care provided by providers of health care;

(3) Evaluates the qualifications, competence, and performance of providers of health care; or

(4) Evaluates and acts on matters that relate to the discipline of any provider of health care.

(d) (1) Except as otherwise provided in this section, the proceedings, records, and files of a medical review committee are not discoverable and are not admissible in evidence in any civil action.

(2) The proceedings, records, and files of a medical review committee are confidential and are not discoverable and are not admissible in evidence in any civil action arising out of matters that are being reviewed and evaluated by the medical review committee if requested by the following:

(i) The Maryland Department of Health to ensure compliance with the provisions of § 19–319 of the Health – General Article;

(ii) A health maintenance organization to ensure compliance with the provisions of Title 19, Subtitle 7 of the Health – General Article and applicable regulations;

(iii) A health maintenance organization to ensure compliance with the National Committee for Quality Assurance (NCQA) credentialing requirements; or

(iv) An accrediting organization to ensure compliance with accreditation requirements or the procedures and policies of the accrediting organization.

(3) If the proceedings, records, and files of a medical review committee are requested by any person from any of the entities in paragraph (2) of this subsection:

(i) The person shall give the medical review committee notice by certified mail of the nature of the request and the medical review committee shall be granted a protective order preventing the release of its proceedings, records, and files; and

(ii) The entities listed in paragraph (2) of this subsection may not release any of the proceedings, records, and files of the medical review committee.

(e) Subsection (d)(1) of this section does not apply to:

(1) A civil action brought by a party to the proceedings of the medical review committee who claims to be aggrieved by the decision of the medical review committee; or

(2) Any record or document that is considered by the medical review committee and that otherwise would be subject to discovery and introduction into evidence in a civil trial.

(f) (1) A person shall have the immunity from liability described under § 5–637 of the Courts and Judicial Proceedings Article for any action as a member of the medical review committee or for giving information to, participating in, or contributing to the function of the medical review committee.

(2) A contribution to the function of a medical review committee includes any statement by any person, regardless of whether it is a direct communication with the medical review committee, that is made within the context of the person’s employment or is made to a person with a professional interest in the functions of a medical review committee and is intended to lead to redress of a matter within the scope of a medical review committee’s functions.

(g) Notwithstanding this section, §§ 14–410 and 14–412 of this article apply to:

(1) The Board of Physicians; and

(2) Any other entity, to the extent that it is acting in an investigatory capacity for the Board of Physicians.
Md. Code, Human Services § 1-202 — MD Code / Article ghu / Title 1 / Subtitle 2 / Section 1-202
§1–202.
Status: in_force

(a) Except as otherwise provided in Title 5, Subtitles 7 and 12 of the Family Law Article, § 1–203 of this subtitle, and this section, a person may not disclose a report or record concerning child abuse or neglect.

(b) A report or record concerning child abuse or neglect shall be disclosed:

(1) under a court order;

(2) under an order of an administrative law judge, if:

(i) the request for disclosure concerns a case pending before the Office of Administrative Hearings; and

(ii) provisions are made to comply with other State or federal confidentiality laws and to protect the identity of the reporter or other person whose life or safety is likely to be endangered by the disclosure; or

(3) to the Division of Parole and Probation in the Department of Public Safety and Correctional Services if, as a result of a report or investigation of suspected child abuse or neglect, the local department of social services has reason to believe that an individual who lives in or has a regular presence in a child’s home is registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the commission of an offense against a child.

(c) A report or record concerning child abuse or neglect:

(1) may be disclosed on request to:

(i) personnel of the Social Services Administration or a local department of social services, law enforcement personnel, and members of multidisciplinary case consultation teams, including an addiction specialist as defined in Title 5, Subtitle 12 of the Family Law Article or § 5–314 of this article, who are investigating a report of known or suspected child abuse or neglect or providing services to or assessing a child or family that is the subject of the report;

(ii) local or State officials responsible for the administration of child protective services, juvenile services, or child care, foster care, or adoption licensing, approval, or regulations, as necessary to carry out their official functions;

(iii) the State Council on Child Abuse and Neglect or its designee, the State Citizens Review Board for Children or its designee, or a child fatality review team, as necessary to carry out their official functions;

(iv) a person who is the alleged abuser or neglector, if that person is responsible for the child’s welfare and provisions are made for the protection of the identity of the reporter or any other person whose life or safety is likely to be endangered by disclosing the information;

(v) a licensed practitioner who, or an agency, institution, or program that, is providing treatment or care to a child who is the subject of a report of child abuse or neglect for a purpose relevant to the treatment or care;

(vi) a parent or other person who has permanent or temporary care and custody of the child, if provisions are made for the protection of the identity of the reporter or any other person whose life or safety is likely to be endangered by disclosing the information;

(vii) 1. the appropriate public school superintendent or the principal or equivalent employee of a nonpublic school that holds a certificate of approval from the State or is registered with the State Department of Education to carry out appropriate personnel or administrative actions following a report of suspected child abuse involving a student committed by:

A. a public school employee in that school system;

B. an employee of that nonpublic school;

C. an independent contractor who supervises or works directly with students in that school system or that nonpublic school; or

D. an employee of an independent contractor, including a bus driver or bus assistant, who supervises or works directly with students in that school system or that nonpublic school; and

2. if the report concerns suspected child abuse involving a student committed by an employee, independent contractor, or employee of an independent contractor described in item 1 of this item and employed by a nonpublic school under the jurisdiction of the superintendent of schools for the Archdiocese of Baltimore, the Archdiocese of Washington, or the Catholic Diocese of Wilmington, the appropriate superintendent of schools;

(viii) the director of a licensed child care facility or licensed child placement agency to carry out appropriate personnel actions following a report of suspected child abuse or neglect alleged to have been committed by an employee of the facility or agency and involving a child who is currently or was previously under the care of that facility or agency;

(ix) the Juvenile Justice Monitoring Unit of the Office of the Attorney General established under Title 6, Subtitle 4 of the State Government Article;

(x) subject to subsection (d) of this section, a licensed practitioner of a hospital or birthing center to make discharge decisions concerning a child, when the practitioner suspects that the child may be in danger after discharge based on the practitioner’s observation of the behavior of the child’s parents or immediate family members; or

(xi) the president of a Maryland public institution of higher education, as defined in § 10–101 of the Education Article, or the Chancellor of the University System of Maryland, to carry out appropriate personnel or administrative actions following a report of child abuse committed:

1. by an employee of the institution who has on–campus contact with children; or

2. by a contractor, an employee of a contractor, or a volunteer of the institution who has on–campus contact with children; and

(2) may be disclosed by the Department of Human Services to the operator of a child care center that is required to be licensed or to hold a letter of compliance under Title 9.5, Subtitle 4 of the Education Article or to a family child care provider who is required to be registered under Title 9.5, Subtitle 3 of the Education Article, to determine the suitability of an individual for employment in the child care center or family child care home.

(d) Only the following information concerning child abuse and neglect may be disclosed to a practitioner of a hospital or birthing center under subsection (c)(1)(x) of this section:

(1) whether there is a prior finding of indicated child abuse or neglect by either parent; and

(2) whether there is an open investigation of child abuse or neglect pending against either parent.

(e) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 90 days or a fine not exceeding $500 or both.
Md. Code, Human Services § 1-210 — MD Code / Article ghu / Title 1 / Subtitle 2 / Section 1-210
§1–210.
Status: in_force

Notwithstanding any other State law and except as provided in § 1–211 of this subtitle, on written request, a public agency shall disclose information and records on children, youth, and families served by that agency to:

(1) another public agency that serves the same children, youth, and families;

(2) another public agency that has children or youth in a program, home, or residential facility funded or licensed by that agency; or

(3) the Governor’s Office for Children.
Md. Code, Health Occupations § 1-707 — MD Code / Article gho / Title 1 / Subtitle 7 / Section 1-707
§1–707.
Status: in_force

(a) Each health occupations board may establish a process to include a notation indicating veteran status on a license, certificate, registration, or public profile.

(b) If a health occupations board establishes the process described in subsection (a) of this section, an application for a license, certificate, registration, or public profile shall allow an applicant to:

(1) Present a certification of veteran status obtained from the Department of Veterans and Military Families in accordance with § 9–905 of the State Government Article, a DD Form 214, or other documentation acceptable to the health occupations board certifying veteran status; and

(2) Indicate that the applicant consents to:

(i) Having a notation on the applicant’s license, certificate, registration, or public profile indicating that the applicant is a veteran; and

(ii) Being contacted by appropriate Executive Branch agencies regarding the applicant’s eligibility for State or federal veterans benefits.

(c) If an applicant presents the required documentation and consents in accordance with subsection (b) of this section, a health occupations board shall:

(1) Include on the applicant’s license, certification, registration, or public profile a notation indicating that the applicant is a veteran; and

(2) In accordance with §§ 4–304 through 4–325 of the General Provisions Article and any other applicable law, and on request from an Executive Branch agency, electronically transmit to the Executive Branch agency appropriate information about the applicant.

(d) Each health occupations board may adopt regulations to carry out the provisions of this section.
Md. Code, Environment § 1-1001 — MD Code / Article gen / Title 1 / Subtitle 10 / Section 1-1001
§1–1001.
Status: in_force

In this subtitle, “ecological restoration” means an activity undertaken with the goal of recovering, re–establishing, or enhancing a degraded, damaged, or destroyed ecosystem through:

(1) Improvements to physical, chemical, or biological characteristics or processes;

(2) Returning natural or historical functions or services; or

(3) Protecting or improving resiliency.
Md. Code, Land Use § 1-501 — MD Code / Article glu / Title 1 / Subtitle 5 / Section 1-501
§1–501.
Status: in_force

In this subtitle, “planning board”:

(1) means a planning board established under this article; and

(2) includes a planning commission or board established under Division II of this article or Title 10 of the Local Government Article.
Md. Code, Election Law § 1-301 — MD Code / Article gel / Title 1 / Subtitle 3 / Section 1-301
§1–301.
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, in computing the time under this article for performing an act, Saturdays, Sundays, and legal holidays shall be included.

(2) In a computation of time under this article, the day of performing an act and the day of registration or election shall be excluded.

(b) If a computation of time would require an act to be performed on a Saturday, Sunday, or legal holiday, the act shall be performed on the next regular business day following that Saturday, Sunday, or legal holiday.
Md. Code, General Provisions § 1-113 — MD Code / Article ggp / Title 1 / Subtitle 1 / Section 1-113
§1–113.
Status: in_force

(a) Unless otherwise provided, in a law, resolution, or court order, judgment, or decree that refers to publishing a legal advertisement or legal notice, words such as “newspaper” or “newspaper in general circulation” mean a publication that:

(1) has at least four pages;

(2) habitually contains news items, reports of current events, editorial comments, advertising matter, and other miscellaneous information that is of public interest and is found generally in an ordinary newspaper;

(3) has been published and distributed, by sale, from an established place of business at least once a week for 6 months or more before publication of the advertisement or notice;

(4) has general circulation throughout the community where the publication is published; and

(5) qualifies for Periodicals rates for mailing through the United States Postal Service.

(b) Subject to subsection (a) of this section and for purposes of the public general laws of the State, in Prince George’s County, “newspaper in general circulation” includes a newspaper that:

(1) is designated by the County Council as a newspaper of record; or

(2) (i) qualifies under subsection (a) of this section with respect to Prince George’s County; and

(ii) is published by a small business as defined in § 14–201 of the State Finance and Procurement Article.

(c) Subject to subsection (a) of this section and for purposes of the public general laws of the State, in Dorchester County, if a law, resolution, or court order, judgment, or decree requires the county to publish a legal advertisement or legal notice:

(1) any required advertisement or notice shall be published and distributed through print and digital format;

(2) the time period required for publication starts once the first advertisement or notice appears in print or digital format; and

(3) if there is no print and digital publication that meets all of the qualifications under subsection (a) of this section, the advertisement or notice may be placed in any digital publication that can be accessed in Dorchester County and that regularly contains local news and information for Dorchester County.
Md. Code, Environment § 1-903 — MD Code / Article gen / Title 1 / Subtitle 9 / Section 1-903
§1–903.
Status: in_force

(a) Subject to subsection (b) of this section, a person that has standing under § 1–902 of this subtitle may bring a civil action on the person’s own behalf against any person or political subdivision that is alleged to be in violation of any standard.

(b) (1) Subject to paragraph (3) of this subsection, an action may not be brought under subsection (a) of this section unless the plaintiff first gives 60 days’ notice of the alleged violation.

(2) Notice under this subsection shall be:

(i) 1. By certified mail; or

2. By personal service; and

(ii) Provided to:

1. The Secretary;

2. The Attorney General;

3. Any local jurisdiction in which the violation is alleged to occur; and

4. An alleged violator of the standard.

(3) (i) An action may not be brought under subsection (a) of this section if the Secretary has commenced and is diligently prosecuting a civil action or a consent order is entered to require compliance from the alleged violator.

(ii) Notwithstanding subparagraph (i) of this paragraph, a person that meets the threshold standing requirements under federal law may intervene in a civil action brought by the Secretary, as provided in § 1–904 of this subtitle.

(4) Notice under this subsection shall identify:

(i) A standard violated;

(ii) An activity constituting the violation;

(iii) A person suspected of being responsible for the violation;

(iv) The location of the violation;

(v) The dates of violations if known; and

(vi) The name and address of the person giving notice.

(c) An action brought in accordance with this section shall be brought in any circuit court of a county where the condition, activity, or failure is alleged to be a violation of a standard.

(d) Before the entering of any consent judgment to which the Department is not a party or before the dismissal of any case filed in accordance with this subtitle subject to a settlement agreement, the plaintiff shall:

(1) Give notice and provide a complete and unredacted copy of the proposed consent judgment or settlement agreement to the Department and the Attorney General by personal service or certified mail at least 45 days before the date that the proposed consent judgment or settlement agreement is filed with the court; and

(2) File an affidavit with the court under penalty of perjury indicating compliance with the requirement under item (1) of this subsection.

(e) A court may:

(1) Order the enforcement of a standard; and

(2) Grant:

(i) Temporary or permanent equitable relief; or

(ii) Except as otherwise provided by this subtitle, any other relief provided under a standard.

(f) In an action under this section, the court may award the costs of litigation to:

(1) A prevailing plaintiff;

(2) A substantially prevailing plaintiff; or

(3) A substantially prevailing defendant if the plaintiff’s claim was frivolous, unreasonable, or groundless.

(g) (1) (i) Except as provided in paragraph (3) of this subsection, a court may impose a civil penalty authorized in accordance with the statute under which an action is brought under this section.

(ii) A court may approve a consent judgment or settlement agreement between the parties that includes a supplemental environmental project.

(2) A civil penalty collected under this subsection shall be deposited in a manner specified by the statute.

(3) The State may not be held liable for civil penalties in any action under this subtitle.
Md. Code, Alcoholic Beverages and Cannabis § 1-313 — MD Code / Article gab / Title 1 / Subtitle 3 / Section 1-313
§1–313.
Status: in_force

(a) There is a Field Enforcement Division in the Office of the Executive Director.

(b) (1) The Field Enforcement Division may employ officers and employees as provided in the State budget.

(2) The officers and employees of the Field Enforcement Division:

(i) shall be sworn police officers;

(ii) shall have the powers, duties, and responsibilities of peace officers to enforce the provisions of this article relating to:

1. the unlawful importation of alcoholic beverages, tobacco, and cannabis into the State;

2. the unlawful manufacture of alcoholic beverages, tobacco, and cannabis in the State;

3. the transportation and distribution throughout the State of alcoholic beverages, tobacco, and cannabis that are manufactured illegally and on which any alcoholic beverages taxes, tobacco taxes, or cannabis taxes imposed by the State are due and unpaid; and

4. the manufacture, sale, barter, transportation, distribution, or other form of owning, handling, or dispersing alcoholic beverages, tobacco, or cannabis by any person not licensed or authorized under this article, provisions of the Tax – General Article relating to alcoholic beverages, tobacco, or cannabis, or provisions of the Business Regulation Article relating to alcoholic beverages, tobacco, or cannabis;

(iii) may issue a citation or other charging document to a person who has committed a violation of § 10–108 of the Criminal Law Article; and

(iv) may make cooperative arrangements for and work and cooperate with the Office of the Comptroller, local State’s Attorneys, sheriffs, bailiffs, police, and other prosecuting and peace officers to enforce this article.

(c) The Field Enforcement Division:

(1) shall consult with and advise the local State’s Attorneys and other law enforcement officials and police officers regarding enforcement problems in their respective jurisdictions; and

(2) may recommend changes to improve the administration of this article, provisions of the Tax – General Article relating to alcoholic beverages, tobacco, and cannabis, and provisions of the Business Regulation Article relating to tobacco.
Md. Code, Local Government § 1-1101 — MD Code / Article glg / Title 1 / Subtitle 11 / Section 1-1101
§1–1101.
Status: in_force

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

(b) “Bond” means a bond, note, or other similar instrument that a county or municipality issues under this subtitle.

(c) “Chief executive” means the president, chair, mayor, county executive, or any other chief executive officer of a county or municipality.

(d) “Commercial property” means real property that is:

(1) not designed principally or intended for human habitation; or

(2) used for human habitation and is improved by more than four single family dwelling units.

(e) (1) “Environmental remediation project” means a project that is intended to remove environmental or health hazards.

(2) “Environmental remediation project” includes:

(i) a project that promotes indoor air and water quality;

(ii) asbestos remediation;

(iii) lead paint removal; and

(iv) mold remediation.

(f) “Program” means a clean energy loan program established under this subtitle.

(g) (1) “Resiliency project” means a project that is intended to increase the capacity of a property to withstand natural disasters and the effects of climate change.

(2) “Resiliency project” includes:

(i) a flood mitigation project;

(ii) a stormwater management project;

(iii) a project to increase fire or wind resistance;

(iv) a project to increase the capacity of a natural system;

(v) an inundation adaptation project;

(vi) alternative vehicle charging infrastructure; and

(vii) energy storage.
Md. Code, Corporations and Associations § 1-202 — MD Code / Article gca / Title 1 / Subtitle 2 / Section 1-202
§1–202.
Status: in_force

When the Department accepts for record any charter document or any document designating or changing the name or address of a resident agent or principal office of a Maryland corporation, the Department shall:

(1) Endorse on the document its acceptance for record and the date and time of acceptance;

(2) Record promptly the document with its corporate records; and

(3) Send an acknowledgment to the corporation, its attorney, or its agent stating the date and time that the document was accepted for record.
Md. Code, Insurance § 1-205 — MD Code / Article gin / Title 1 / Subtitle 2 / Section 1-205
§1–205.
Status: in_force

(a) A county or municipal corporation of the State may not:

(1) require an insurer, insurance producer, adjuster, public adjuster, or advisor to obtain a local certificate of authority or certificate of qualification to transact insurance business in that county or municipal corporation; or

(2) impose a local occupational tax or fee for transacting insurance business.

(b) This section does not preempt or prevent the taxation and regulation of persons engaged in the bail bond business other than corporate sureties and their insurance producers that are required to be licensed under this article.
Md. Code, Land Use § 1-402 — MD Code / Article glu / Title 1 / Subtitle 4 / Section 1-402
§1–402.
Status: in_force

(a) In addition to the powers the county may have had under this division before adopting code home rule, a code county may exercise the powers relating to land use stated in Title 10 of the Local Government Article.

(b) A code county that chooses to exercise the powers relating to land use stated in Title 10 of the Local Government Article shall be treated as a charter county for purposes of § 1–401 of this subtitle.
Md. Code, Commercial Law § 1-305 — MD Code / Article gcl / Title 1 / Subtitle 3 / Section 1-305
§1–305.
Status: in_force

(a) The remedies provided by the Maryland Uniform Commercial Code shall be liberally administered to the end that the aggrieved party may be put in as good a position as if the other party had fully performed, but neither consequential or special damages nor penal damages may be had except as specifically provided in the Maryland Uniform Commercial Code or by other rule of law.

(b) Any right or obligation declared by the Maryland Uniform Commercial Code is enforceable by action unless the provision declaring the right or obligation specifies a different and limited effect.
Md. Code, Alcoholic Beverages and Cannabis § 1-312 — MD Code / Article gab / Title 1 / Subtitle 3 / Section 1-312
§1–312.
Status: in_force

By regulation, the Executive Director may:

(1) establish or prohibit the maximum discounts that may be allowed by a manufacturer, wholesaler, or nonresident winery permit holder in the sale and distribution of wine and liquor; or

(2) prohibit the giving of discounts by a manufacturer, wholesaler, or nonresident winery permit holder in the sale and distribution of wine and liquor.
Md. Code, Health Occupations § 1-214 — MD Code / Article gho / Title 1 / Subtitle 2 / Section 1-214
§1–214.
Status: in_force

To the extent practicable, the members appointed to each health occupations board authorized to issue a license or certificate under this article shall reasonably reflect the geographic, racial, ethnic, cultural, and gender diversity of the State.
Md. Code, Land Use § 1-208 — MD Code / Article glu / Title 1 / Subtitle 2 / Section 1-208
§1–208.
Status: reserved

(a) In this section, “National Center” means the National Center for Smart Growth Research and Education at the University of Maryland, College Park Campus.

(b) (1) The General Assembly finds that:

(i) in addition to reporting on past land use indicators and measures, local jurisdictions should strive to achieve future land use goals that implement and achieve the visions in § 1–201 of this subtitle;

(ii) a statewide land use goal that embodies the visions in § 1–201 of this subtitle and smart and sustainable growth should be established;

(iii) the visions in § 1–201 of this subtitle will not be realized unless local jurisdictions set their own goal to make incremental progress towards achieving a statewide land use goal; and

(iv) resources are necessary to achieve a statewide goal, including funding for infrastructure inside the priority funding areas and land preservation outside the priority funding areas.

(2) (i) The statewide land use goal is to increase the current percentage of growth inside the priority funding areas and to decrease the percentage of growth located outside the priority funding areas.

(ii) Local jurisdictions shall develop a percentage goal towards achieving the statewide goal.

(c) (1) Except as provided in paragraphs (2) and (3) of this subsection, the annual report required to be filed under § 1–207 of this subtitle shall include the following measures and indicators:

(i) the amount, share, and net density of growth inside and outside the priority funding areas;

(ii) the creation of new lots and the issuance of residential and commercial building permits inside and outside the priority funding areas;

(iii) the development capacity analysis, updated every 3 years and whenever there is a significant change in zoning or land use patterns;

(iv) the number of acres preserved using local agricultural land preservation funding, if applicable; and

(v) the following information on achieving the statewide goal stated in subsection (b)(2) of this section:

1. the local goal;

2. the time frame for achieving the local goal;

3. the resources necessary for infrastructure inside the priority funding areas and land preservation outside the priority funding areas; and

4. any incremental progress made towards achieving the local goal.

(2) If all land within the boundaries of a municipal corporation is a priority funding area, the municipal corporation need not:

(i) establish a local goal for achieving the statewide goal stated in subsection (b)(2) of this section; or

(ii) include information in the annual report on a local goal as required in paragraph (1)(v) of this subsection.

(3) A county or municipal corporation that issues fewer than 50 building permits for new residential units each year:

(i) need not include information in the annual report on measures and indicators listed in paragraph (1) of this subsection; but

(ii) shall provide documentation to the Department of Planning each year that fewer than 50 building permits for new residential units are issued.

(d) (1) In accordance with Title 2, Subtitle 5 and Title 10, Subtitle 1 of the State Government Article, the Department of Planning may adopt regulations to detail how the measures and indicators required under subsection (c) of this section are submitted and transmitted in the annual report of each local jurisdiction.

(2) The Department of Planning shall:

(i) develop measures and indicators that will be collected by the Department; and

(ii) consider which measures or indicators may be collected by the National Center.

(e) On or before January 1 of each year, the Department of Planning, in consultation with the National Center, shall submit a report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly on the measures and indicators collected under this section.
Md. Code, Election Law § 1-101 — MD Code / Article gel / Title 1 / Subtitle 1 / Section 1-101
§1–101.
Status: in_force

(a) In this article the following words have the meanings indicated unless a different meaning is clearly intended from the context.

(b) “Absentee ballot” means a ballot not used in a polling place.

(b–1) “Active duty” has the meaning stated in § 9–901 of the State Government Article.

(b–2) “Address confidentiality program” means the Address Confidentiality Program administered by the Secretary of State under Title 7, Subtitle 3 of the State Government Article.

(b–3) “Administrative policy affecting voting rights” means any action relating to voter registration, provisional voting, absentee voting, or the location of a polling place or early voting center.

(c) “Authorized candidate campaign committee” means a political committee established under Title 13 of this article and authorized by a candidate to promote the candidate’s candidacy.

(d) (1) “Ballot” or “official ballot” includes:

(i) an absentee ballot;

(ii) a provisional ballot;

(iii) a document ballot; or

(iv) a voting machine ballot.

(2) “Ballot” or “official ballot” does not include:

(i) a sample ballot; or

(ii) a specimen ballot.

(d–1) “Ballot drop box” means a secure, durable, and weatherproof container that is officially designated by a local board or the State Board exclusively for voters to deposit election–related materials in person, including:

(1) absentee ballots;

(2) absentee ballot applications; and

(3) voter registration applications.

(e) “Ballot face” means a single side of a sheet on which are printed some or all of the contests to be voted on by a voter.

(f) “Ballot issue committee” means a political committee that is formed to promote the success or defeat of a question or prospective question to be submitted to a vote at an election.

(g) “Ballot style” means a unique aggregation of contests that make up the ballot for a particular group of voters identified by common characteristics of residence location, party affiliation, or both.

(h) “Campaign finance entity” means a political committee established under Title 13 of this article.

(i) “Campaign finance report” means a report, statement, affidavit, or other document that is:

(1) authorized or required under this article;

(2) related to the campaign finance activities of a campaign finance entity or to expenses associated with a legislative newsletter; and

(3) filed or submitted on a form prescribed by the State Board under this article.

(j) “Campaign manager” means a person designated by a candidate, or the candidate’s representative, to exercise general overall responsibility for the conduct of the candidate’s political campaign.

(k) (1) “Campaign material” means any material that:

(i) contains text, graphics, or other images;

(ii) relates to a candidate, a prospective candidate, or the approval or rejection of a question or prospective question; and

(iii) is published, distributed, or disseminated.

(2) “Campaign material” includes:

(i) a qualifying paid digital communication;

(ii) any other material transmitted by or appearing on the Internet or other electronic medium;

(iii) an oral commercial campaign advertisement; and

(iv) an automated or prerecorded oral communication.

(l) (1) “Candidate” means an individual who files a certificate of candidacy for a public or party office.

(2) “Candidate” includes:

(i) an incumbent justice of the Supreme Court of Maryland or Appellate Court of Maryland at an election for continuance in office; and

(ii) an individual, prior to that individual filing a certificate of candidacy, if a campaign finance entity has been established on behalf of that individual.

(l–1) (1) “Central committee” means a political committee for a political party established under Title 4 of this article.

(2) “Central committee” includes a political committee for a political party that engages in campaign finance activity that is subject to Title 13 of this article.

(m) (1) “Contest” means:

(i) the aggregate of candidates who run against each other or among themselves for nomination for, or election to, an office or multiple offices of the same category; or

(ii) the positive and negative voting options for a question submitted to the voters.

(2) “Contest” includes, in a general election for an office, the write–in option.

(n) “Continuing political committee” means a political committee that is permitted to continue in existence from year to year.

(o) (1) “Contribution” means the gift or transfer, or promise of gift or transfer, of money or other thing of value to a campaign finance entity to:

(i) promote or assist in the promotion of the success or defeat of a candidate, political party, question, or prospective question; and

(ii) assist in the payment of expenses associated with contesting an election under Title 12 of this article.

(2) “Contribution” includes:

(i) proceeds from the sale of tickets to a campaign fund–raising event; and

(ii) a coordinated expenditure as defined in § 13–249 of this article.

(3) “Contribution” does not include the costs associated with the establishment, administration, or solicitation of voluntary contributions to a political action committee established by a corporation, limited liability company, general partnership, limited partnership, membership organization, trade association, cooperative, or corporation without capital stock as long as the political action committee only solicits contributions from employees of the organization that established the political action committee, or members of the organization that established the political action committee, and the employees or members are participating in a payroll deduction program established by the employer of the employee or member.

(p) “County” means a county of the State or Baltimore City.

(q) “Disabled” means having a temporary or permanent physical disability.

(r) (1) “Distributor” means a person engaged for profit in the distribution of campaign material by hand delivery or direct mail.

(2) “Distributor” does not include salaried employees, agents, or volunteers of the person.

(s) (1) “Document ballot” means a ballot used with a voting system in which the voter individually is issued a ballot on which to indicate one or more votes.

(2) “Document ballot” includes:

(i) a machine–read ballot, such as an optically scanned ballot; and

(ii) a hand–counted paper ballot.

(t) “Driver’s license” includes an identification card issued by the Motor Vehicle Administration.

(u) “Elderly” means 65 years of age or older.

(v) (1) “Election” means the process by which voters cast votes on one or more contests under the laws of this State or the United States.

(2) “Election” includes, unless otherwise specifically provided in this article, all general elections, primary elections, and special elections.

(3) “Election” does not include, unless otherwise specifically provided in this article, a municipal election other than in Baltimore City.

(w) “Election cycle” means the period that begins on the January 1 that follows a gubernatorial election and continues until the December 31 that is 4 years later.

(x) “Election register” means the list of voters eligible to vote:

(1) in a precinct on election day; or

(2) in a county early voting center during early voting.

(y) “Electronic signature” means an electronic sound, symbol, or process attached to or logically associated with a record and executed or adopted by a person with the intent to sign the record.

(z) “Electronic storage format” means a computer disk or other information storage and retrieval medium approved by the State Board.

(aa) “Expenditure” means a gift, transfer, disbursement, or promise of money or a thing of value by or on behalf of a campaign finance entity to:

(1) promote or assist in the promotion of the success or defeat of a candidate, political party, question, or prospective question at an election;

(2) pay expenses associated with contesting an election under Title 12 of this article; or

(3) pay for the publication expense of a legislative newsletter under Title 13, Subtitle 4 of this article.

(aa–1) “Historically disenfranchised communities” means racial, ethnic, or socioeconomic groups that have historically been subject to voter suppression efforts.

(bb) (1) “Independent expenditure” means a gift, transfer, disbursement, or promise of money or a thing of value by a person expressly advocating the success or defeat of a clearly identified candidate or ballot issue if the gift, transfer, disbursement, or promise of money or a thing of value is not made in coordination, cooperation, consultation, understanding, agreement, or concert with, or at the request or suggestion of, a candidate, a campaign finance entity of a candidate, an agent of a candidate, or a ballot issue committee.

(2) For purposes of this subsection, “clearly identified” means:

(i) the name of the candidate appears;

(ii) a photograph or drawing of the candidate appears; or

(iii) the identity of the candidate or ballot issue is apparent by unambiguous reference.

(bb–1) “Institution of higher education” has the meaning stated in § 10–101 of the Education Article.

(bb–2) “Legislative party caucus committee” means a political committee that is established to promote the election of candidates of a single political party to one of the two Houses of the General Assembly.

(cc) “Local board” means a county board of elections.

(dd) “Majority party” means the political party to which the incumbent Governor belongs, if the incumbent Governor is a member of a principal political party. If the incumbent Governor is not a member of one of the two principal political parties, “majority party” means the principal political party whose candidate for Governor received the highest number of votes of any party candidate at the last preceding general election.

(dd–1) “Online platform” means any public–facing website, web application, or digital application, including a social network, ad network, or search engine, that:

(1) has 100,000 or more unique monthly United States visitors or users for a majority of months during the immediately preceding 12 months; and

(2) receives payment for qualifying paid digital communications.

(ee) “Partisan organization” means a combination of two or more individuals formed for the purpose of organizing a new political party.

(ff) “Political action committee” means a political committee that is not:

(1) a political party;

(2) a central committee;

(3) a slate;

(4) a legislative party caucus committee;

(5) an authorized candidate campaign committee; or

(6) a ballot issue committee.

(gg) “Political committee” means a combination of two or more individuals that has as its major purpose promoting the success or defeat of a candidate, political party, question, or prospective question submitted to a vote at any election.

(hh) “Political party” means an organized group that is qualified as a political party in accordance with Title 4 of this article.

(hh–1) “Polling place” means a physical space inside a building where in–person voting is conducted on election day.

(ii) “Precinct” includes:

(1) an election district in a county that is not divided into precincts;

(2) an election precinct in an election district that is divided into precincts; or

(3) a precinct in a ward of the City of Baltimore.

(ii–1) “Precinct polling place” means a polling place designated to serve a precinct.

(jj) “Principal minority party” means the principal political party whose candidate for Governor received the second highest number of votes of any party candidate at the last preceding general election.

(kk) “Principal political parties” means the majority party and the principal minority party.

(ll) “Provisional ballot” means a ballot that is cast by an individual but not counted until the individual’s qualifications to vote have been confirmed by the local board.

(ll–1) “Qualifying paid digital communication” means any electronic communication that:

(1) is campaign material;

(2) is placed or promoted for a fee on an online platform;

(3) is disseminated to 500 or more individuals; and

(4) does not propose a commercial transaction.

(mm) “Responsible officers” means the chairman and treasurer of a political committee.

(nn) “Sample ballot” means a facsimile of a ballot used for informational purposes by a person or entity other than a local board.

(oo) “Slate” means a political committee of two or more candidates who join together to conduct and pay for joint campaign activities.

(pp) “Specimen ballot” means a facsimile of a ballot used by a local board to provide notice to registered voters of the contents of the ballot.

(qq) “State Administrator” means the State Administrator of Elections.

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

(ss) “Transfer” means a monetary contribution that is made by one campaign finance entity to another campaign finance entity, other than one made by or to a political club.

(tt) “Treasurer” means an individual appointed in accordance with Title 13, Subtitle 2 of this article.

(tt–1) “Uniformed services” has the meaning stated in § 9–901 of the State Government Article.

(uu) “Vote” means to cast a ballot that is counted.

(vv) “Voting machine” includes:

(1) a mechanical lever machine; and

(2) a direct recording electronic voting device.

(ww) “Voting machine ballot” means a ballot posted on or in the voting machine and referred to by the voter to indicate the voting locations for each contest.

(xx) “Voting system” means a method of casting and tabulating ballots or votes.

(yy) “Write–in candidate” means an individual whose name will not appear on the ballot but who files a certificate of candidacy in accordance with § 5–303 of this article.

(zz) “Write–in vote” means a vote cast, in a contest at a general election, for an individual whose name is not on the ballot for that contest.
Md. Code, Local Government § 1-702 — MD Code / Article glg / Title 1 / Subtitle 7 / Section 1-702
§1–702.
Status: in_force

(a) Sections 1–703 through 1–707 of this subtitle do not:

(1) grant to a county or municipality additional authority in any substantive area beyond that granted under other public general law or public local law;

(2) restrict a county or municipality from exercising authority granted under other public general law or public local law;

(3) authorize a county or municipality to engage in an activity not authorized under other public general law or public local law; or

(4) preempt or supersede the regulatory authority of a unit of State government.

(b) (1) This section applies to all counties, except:

(i) Anne Arundel County;

(ii) Baltimore City;

(iii) Baltimore County;

(iv) Cecil County;

(v) Howard County;

(vi) Prince George’s County;

(vii) Queen Anne’s County; and

(viii) Worcester County.

(2) The provisions of §§ 9–105 and 9–106 of this article apply to an act, an ordinance, or a resolution adopted by a commission county under this section.

(3) A county may grant franchises as provided under existing public general law or public local law.
Md. Code, Business Regulation § 1-202 — MD Code / Article gbr / Title 1 / Subtitle 2 / Section 1-202
§1–202.
Status: in_force

A false statement made under oath under this article is subject to the penalties of perjury.
Md. Code, Health Occupations § 1-230 — MD Code / Article gho / Title 1 / Subtitle 2 / Section 1-230
§1–230.
Status: in_force

(a) If a health occupations board requires evidence of English proficiency as a condition for licensure, certification, or registration, the health occupations board may not require an applicant who holds a valid, unrestricted license, certification, or registration from another state that requires evidence of English proficiency for licensure, certification, or registration to provide additional evidence of English proficiency.

(b) Each health occupations board that requires evidence of English proficiency as a condition for licensure, certification, or registration shall prominently maintain on its website a statement that an applicant may not be required to provide additional evidence of English proficiency if the applicant holds a valid, unrestricted license, certification, or registration from another state that requires evidence of English proficiency for licensure, certification, or registration.
Md. Code, Health Occupations § 1-705 — MD Code / Article gho / Title 1 / Subtitle 7 / Section 1-705
§1–705.
Status: in_force

Each health occupations board shall publish prominently on its website information on:

(1) The expedited licensing process available to active service members, eligible veterans, and eligible spouses under § 1–704 of this subtitle; and

(2) Any assistance and services related to licensure, certification, or registration provided by the board to active service members, eligible veterans, and eligible spouses.
Md. Code, Health Occupations § 1-301 — MD Code / Article gho / Title 1 / Subtitle 3 / Section 1-301
§1–301.
Status: in_force

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

(b) (1) “Beneficial interest” means ownership, through equity, debt, or other means, of any financial interest.

(2) “Beneficial interest” does not include ownership, through equity, debt, or other means, of securities, including shares or bonds, debentures, or other debt instruments:

(i) In a corporation that is traded on a national exchange or over the counter on the national market system;

(ii) That at the time of acquisition, were purchased at the same price and on the same terms generally available to the public;

(iii) That are available to individuals who are not in a position to refer patients to the health care entity on the same terms that are offered to health care practitioners who may refer patients to the health care entity;

(iv) That are unrelated to the past or expected volume of referrals from the health care practitioner to the health care entity; and

(v) That are not marketed differently to health care practitioners that may make referrals than they are marketed to other individuals.

(c) (1) “Compensation arrangement” means any agreement or system involving any remuneration between a health care practitioner or the immediate family member of the health care practitioner and a health care entity.

(2) “Compensation arrangement” does not include:

(i) Compensation or shares under a faculty practice plan or a professional corporation affiliated with a teaching hospital and comprised of health care practitioners who are members of the faculty of a university;

(ii) Amounts paid under a bona fide employment agreement between a health care entity and a health care practitioner or an immediate family member of the health care practitioner;

(iii) An arrangement between a health care entity and a health care practitioner or the immediate family member of a health care practitioner for the provision of any services, as an independent contractor, if:

1. The arrangement is for identifiable services;

2. The amount of the remuneration under the arrangement is consistent with the fair market value of the service and is not determined in a manner that takes into account, directly or indirectly, the volume or value of any referrals by the referring health care practitioner; and

3. The compensation is provided in accordance with an agreement that would be commercially reasonable even if no referrals were made to the health care provider;

(iv) Compensation for health care services pursuant to a referral from a health care practitioner and rendered by a health care entity, that employs or contracts with an immediate family member of the health care practitioner, in which the immediate family member’s compensation is not based on the referral;

(v) An arrangement for compensation which is provided by a health care entity to a health care practitioner or the immediate family member of the health care practitioner to induce the health care practitioner or the immediate family member of the health care practitioner to relocate to the geographic area served by the health care entity in order to be a member of the medical staff of a hospital, if:

1. The health care practitioner or the immediate family member of the health care practitioner is not required to refer patients to the health care entity;

2. The amount of the compensation under the arrangement is not determined in a manner that takes into account, directly or indirectly, the volume or value of any referrals by the referring health care practitioner; and

3. The health care entity needs the services of the practitioner to meet community health care needs and has had difficulty in recruiting a practitioner;

(vi) Payments made for the rental or lease of office space if the payments are:

1. At fair market value; and

2. In accordance with an arm’s length transaction;

(vii) Payments made for the rental or lease of equipment if the payments are:

1. At fair market value; and

2. In accordance with an arm’s length transaction; or

(viii) Payments made for the sale of property or a health care practice if the payments are:

1. At fair market value;

2. In accordance with an arm’s length transaction; and

3. Provided in accordance with an agreement that would be commercially reasonable even if no referrals were made.

(d) “Direct supervision” means a health care practitioner is present on the premises where the health care services or tests are provided and is available for consultation within the treatment area.

(e) “Faculty practice plan” means a tax–exempt organization established under Maryland law by or at the direction of a university to accommodate the professional practice of members of the faculty who are health care practitioners.

(f) “Group practice” means a group of two or more health care practitioners legally organized as a partnership, professional corporation, foundation, nonprofit corporation, faculty practice plan, or similar association:

(1) In which each health care practitioner who is a member of the group provides substantially the full range of services which the practitioner routinely provides through the joint use of shared office space, facilities, equipment, and personnel;

(2) For which substantially all of the services of the health care practitioners who are members of the group are provided through the group and are billed in the name of the group and amounts so received are treated as receipts of the group; and

(3) In which the overhead expenses of and the income from the practice are distributed in accordance with methods previously determined on an annual basis by members of the group.

(g) “Health care entity” means a business entity that provides health care services for the:

(1) Testing, diagnosis, or treatment of human disease or dysfunction; or

(2) Dispensing of drugs, medical devices, medical appliances, or medical goods for the treatment of human disease or dysfunction.

(h) “Health care practitioner” means a person who is licensed, certified, or otherwise authorized under this article to provide health care services in the ordinary course of business or practice of a profession.

(i) “Health care service” means medical procedures, tests and services provided to a patient by or through a health care entity.

(j) “Immediate family member” means a health care practitioner’s:

(1) Spouse;

(2) Child;

(3) Child’s spouse;

(4) Parent;

(5) Spouse’s parent;

(6) Sibling; or

(7) Sibling’s spouse.

(k) (1) “In–office ancillary services” means those basic health care services and tests routinely performed in the office of one or more health care practitioners.

(2) Except for a radiologist group practice or an office consisting solely of one or more radiologists, “in–office ancillary services” does not include:

(i) Magnetic resonance imaging services;

(ii) Radiation therapy services; or

(iii) Computer tomography scan services.

(l) (1) “Referral” means any referral of a patient for health care services.

(2) “Referral” includes:

(i) The forwarding of a patient by one health care practitioner to another health care practitioner or to a health care entity outside the health care practitioner’s office or group practice; or

(ii) The request or establishment by a health care practitioner of a plan of care for the provision of health care services outside the health care practitioner’s office or group practice.
Md. Code, Commercial Law § 1-204 — MD Code / Article gcl / Title 1 / Subtitle 2 / Section 1-204
§1–204.
Status: in_force

Except as otherwise provided in §§ 3–303, 4–208, and 4–209 of this article, a person gives value for rights if the person acquires them:

(1) In return for a binding commitment to extend credit or for the extension of immediately available credit, whether or not drawn upon and whether or not a charge–back is provided for in the event of difficulties in collection;

(2) As security for, or in total or partial satisfaction of, a preexisting claim;

(3) By accepting delivery under a preexisting contract for purchase; or

(4) In return for any consideration sufficient to support a simple contract.
Md. Code, Local Government § 1-803 — MD Code / Article glg / Title 1 / Subtitle 8 / Section 1-803
§1–803.
Status: in_force

(a) (1) Regardless of whether a county or municipality has established a housing authority under the Housing Authorities Law in Division II of the Housing and Community Development Article, the powers conferred by this section:

(i) are in addition to all other powers of a county or municipality; and

(ii) may be exercised directly by a county or municipality or as otherwise provided by the governing body of the county or municipality.

(2) This section does not affect any powers conferred on a housing authority, county, or municipality by the Housing Authorities Law in Division II of the Housing and Community Development Article.

(b) A county or municipality may participate in federal lower–income housing assistance programs and for this purpose may:

(1) enter into contracts with the United States or a federal agency;

(2) accept and expend assistance payments related to existing, newly constructed, or substantially rehabilitated housing;

(3) act as a public housing agency as defined in federal law; and

(4) do all things necessary or convenient to participate in the program.
Md. Code, Local Government § 1-802 — MD Code / Article glg / Title 1 / Subtitle 8 / Section 1-802
§1–802.
Status: in_force

For the purpose of constructing, financing, maintaining, using, or operating a watershed project, a county or municipality may enter into a contract, including an obligation of repayment under applicable federal public works and economic development programs under 42 U.S.C. §§ 3161 and 3162, with:

(1) the United States or a federal agency;

(2) a public drainage association;

(3) a public watershed association; or

(4) any person or other governmental entity.
Md. Code, Health Occupations § 1-1004 — MD Code / Article gho / Title 1 / Subtitle 10 / Section 1-1004
§1–1004.
Status: in_force

(a) A health care practitioner shall document in a patient’s medical record the health care services provided through telehealth to the patient according to the same documentation standards used for in–person health care services.

(b) All laws regarding the confidentiality of health information and a patient’s right to the patient’s health information apply to telehealth interactions in the same manner as the laws apply to in–person health care interactions.
Md. Code, Financial Institutions § 1-101 — MD Code / Article gfi / Title 1 / Subtitle 1 / Section 1-101
§1–101.
Status: in_force

(a) In this article, unless the context clearly requires otherwise, the following words have the meanings indicated.

(b) “Address” means post office address, including, if applicable, street and number, municipal area or county, state, and, if outside of the United States, country.

(c) “Any state” means:

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

(2) The District of Columbia; or

(3) The Commonwealth of Puerto Rico.

(d) “Banking institution” means an institution that is incorporated under the laws of this State as a State bank, trust company, or savings bank.

(e) “Charter” has the meaning stated in § 1–101 of the Corporations and Associations Article.

(f) “Commercial bank” means an institution that is incorporated under the laws of this State as a State bank or trust company.

(g) “Commissioner” means the Commissioner of Financial Regulation in the Maryland Department of Labor.

(h) “County” means a county of this State and, unless otherwise indicated, Baltimore City.

(i) “Credit union” means a credit union that is incorporated under the laws of this State as a credit union.

(j) “Financial institution” means any financial institution of the type supervised under this article, whether or not State–chartered.

(k) (1) “Foreign bank” means any financial institution or other institution that engages in banking activities that are usual in connection with the business of banking in the nations in which the institution is organized or operates.

(2) “Foreign bank” does not include a bank organized under the laws of any state or a national banking association that has its headquarters in any state.

(l) “Includes” or “including” means includes or including by way of illustration and not by way of limitation.

(m) “Mail” means to deposit in the United States mail, postage prepaid.

(n) “Mortgage” includes a deed of trust that secures a debt or the performance of an obligation.

(o) “Municipal area” means a municipal corporation or an unincorporated city, town, or village.

(p) “National banking association” means an institution that is incorporated under federal law as a bank.

(q) “Nationwide Mortgage Licensing System and Registry” or “NMLS” means a multistate uniform licensing system developed and maintained by the Conference of State Bank Supervisors, or by a subsidiary or an affiliate of the Conference of State Bank Supervisors, that may be used for the licensing and registration of persons required to be licensed or registered under this article or the Commercial Law Article.

(r) “Other–state bank” means a bank chartered and primarily regulated by another state.

(s) “Other–state credit union” means a credit union chartered and primarily regulated by another state.

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

(u) “Political subdivision” means:

(1) A county or municipal corporation of this State; and

(2) Unless the context requires otherwise, a special taxing district of this State.

(v) “Real property” includes any interest in real property.

(w) “Regulated entity” means a person who is licensed or chartered by the Office of Financial Regulation.

(x) (1) “Third–party service provider” means a person who performs activities relating to financial services on behalf of a regulated entity for that regulated entity’s customers.

(2) “Third–party service provider” includes a person who provides:

(i) Data processing services;

(ii) Activities that support financial services, including:

1. Lending;

2. Funds transfer;

3. Fiduciary activities;

4. Trading activities; and

5. Deposit taking;

(iii) Internet–related services, including:

1. Web services and electronic bill payments;

2. Mobile applications;

3. System and software development and maintenance; and

4. Security monitoring; or

(iv) Any other similar activity the Commissioner designates by regulation as related to financial services.

(3) “Third–party service provider” does not include:

(i) A provider of an interactive computer service or a general audience Internet or communications platform, except to the extent that the service or platform is specially designed or adapted for financial services and activities related to financial services; or

(ii) Any person that controls, or is under common control with, an entity licensed by the Commissioner unless the person performs for the licensed entity any of the activities described in paragraph (2) of this subsection.

(y) “Uniformed services” has the meaning stated in § 9–901 of the State Government Article.
Md. Code, Alcoholic Beverages and Cannabis § 1-409 — MD Code / Article gab / Title 1 / Subtitle 4 / Section 1-409
§1–409.
Status: reserved

(a) A local licensing board shall:

(1) maintain a record of:

(i) each license that the local licensing board issues; and

(ii) any revocation, suspension, or cancellation of a license and any restriction imposed on a license with a brief explanation of the reason for the action; and

(2) submit the record to the Executive Director; and

(3) allow any individual to inspect the records at the office of the local licensing board during regular business hours.

(b) The records of licenses required under subsection (a) of this section and any indices or dockets created to maintain the records:

(1) shall be retained for the later to occur of:

(i) 3 years after the date of the last record entry; or

(ii) the date on which all audit requirements have been complied with; and

(2) may be destroyed after:

(i) the retention period in item (1) of this subsection has expired; and

(ii) Title 10, Subtitle 6, Part III of the State Government Article has been complied with.
Md. Code, Financial Institutions § 1-204 — MD Code / Article gfi / Title 1 / Subtitle 2 / Section 1-204
§1–204.
Status: in_force

(a) A provision in an account agreement for a transfer on death in compliance with this section is nontestamentary and shall be effective according to the provisions of this section. Transfers pursuant to this section are effective in the form and manner prescribed by this section and are not to be considered testamentary.

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

(2) (i) “Account” means any type of deposit or share account at a depository institution.

(ii) “Account” includes:

1. Checking and other demand deposit accounts;

2. Negotiable order of withdrawal and other savings accounts;

3. Share draft accounts; and

4. Certificated and uncertificated time deposit accounts.

(3) “Account agreement” means a written agreement, whether in one or more instruments, that establishes the type of account, the terms of account, and the relationship between the depository institution and the party or parties to the account.

(4) “Beneficiary” means any person designated on a trust account as a person:

(i) To whom the account belongs after the death of all trustees for the account; and

(ii) Who does not possess a present right to draw upon funds in the account during the lifetime of any trustee for the account.

(5) “Convenience person” means any person who is authorized to draw upon funds in an account:

(i) Under a power of attorney given by one or more parties to the account; or

(ii) By virtue of a designation in the account agreement appointing that person as agent of a party or the parties to the account for the convenience of the party or parties.

(6) “Depository institution” means any State–chartered or federally chartered financial institution, other–state bank, or foreign bank that:

(i) Is located in this State or maintains a branch in this State; and

(ii) Is authorized to maintain accounts.

(7) “Joint account” means any account other than a P.O.D. account or a trust account established in the name of two or more parties.

(8) (i) “Multiple–party account” means any of the following types of accounts at a depository institution:

1. Joint account;

2. P.O.D. account; or

3. Trust account.

(ii) “Multiple–party account” does not include any:

1. Account established and designated for the deposit of funds of a corporation, partnership, joint venture, limited liability company, or other association of persons for business purposes;

2. Account established and designated for the deposit of funds of a charitable or civic organization;

3. Fiduciary account where the relationship is established other than by the account agreement;

4. Account established and designated as governed under the Maryland Uniform Transfers to Minors Act;

5. Account established and designated as governed under Title 13, Subtitle 4 of the Estates and Trusts Article; or

6. Account that would not be a multiple–party account except for the fact that one or more convenience persons are authorized to draw upon funds in the account.

(9) (i) “Party” means any person who, by the terms of the account agreement, possesses a present right to draw upon funds in a multiple–party account.

(ii) “Party” includes a trustee of a trust account.

(iii) “Party” does not include a:

1. Beneficiary of a trust account;

2. P.O.D. payee of a P.O.D. account; or

3. Convenience person.

(10) “P.O.D. account” means any account established in the name of one or more parties where funds in the account may be drawn upon:

(i) By one party during the party’s lifetime and by one or more P.O.D. payees on the party’s death; or

(ii) By one or more parties during their respective lifetimes and, upon the death of all the parties, by one or more P.O.D. payees.

(11) “P.O.D. payee” means any person designated on a P.O.D. account as a person:

(i) To whom the account belongs after the death of all parties to the account; and

(ii) Who does not possess a present right to draw upon funds in the account during the lifetime of any party to the account.

(12) (i) “Power of attorney” means any writing signed by one or more parties to an account that authorizes one or more persons to draw upon funds in the account as agent or agents for the signing party or parties.

(ii) The designation of a person as a convenience person on an account shall be deemed to be a durable power of attorney appointing that person as agent for the party or parties to the account regardless of any disability of the party or parties subsequent to the designation.

(13) (i) “Trust account” means any account established in the name of one or more parties as trustees for one or more beneficiaries where:

1. None of the beneficiaries is also a trustee;

2. The trust relationship is established by the account agreement; and

3. There is no corpus of the trust other than the funds in the account.

(ii) “Trust account” does not include a:

1. Trust account under a testamentary trust, declaration of trust, or a trust agreement that has significance apart from the account; or

2. Fiduciary account arising from a fiduciary relationship.

(c) (1) A depository institution is authorized to establish multiple–party accounts subject to the terms of this section.

(2) Multiple–party accounts established on or after October 1, 1993, shall be subject to and comply with the terms of this section.

(3) A multiple–party account established before October 1, 1993, shall be subject to and comply with the terms of this section if:

(i) The parties expressly state in an account agreement that complies with subsection (e) of this section that the account shall be subject to the terms of this section; or

(ii) 1. The depository institution gives a written notice that:

A. States that the law applicable to the account has changed;

B. States that the party’s rights under the account may change because of the change in law; and

C. Repeats the provisions of subsection (d) of this section; and

2. After that notice is given, any party to the account:

A. Increases or decreases the amount of the deposit in the account;

B. Presents evidence of the account for crediting of interest;

C. Corresponds or responds in writing with the depository institution concerning the account without rejecting in writing the provisions of this section; or

D. Otherwise indicates approval of the account being governed by this section as evidenced by a writing on file with the depository institution.

(d) (1) Upon the death of a party to a multiple–party account, the right to any funds in the account shall be determined in accordance with the express terms of the account agreement.

(2) If the account agreement does not expressly establish the right to funds in the account upon the death of a party, or if there is no account agreement, any funds in the account upon the death of a party shall belong to the surviving party or parties.

(3) Unless the account agreement expressly provides otherwise, upon the death of the last party to a multiple–party account, any funds remaining in the account shall belong to:

(i) The beneficiaries of a trust account who are then living;

(ii) The P.O.D. payees of a P.O.D. account who are then living; or

(iii) Subject to paragraph (4) of this subsection, the personal representative of:

1. The last surviving party of a trust account if no beneficiary is then living;

2. The last surviving party of a P.O.D. account if no P.O.D. payee is then living; or

3. The last surviving party of a joint account.

(4) No payment from a multiple–party account may be made to the personal representative of a deceased party unless:

(i) Proof is presented to the depository institution showing that the deceased party was the last surviving party; or

(ii) There is no right of survivorship under this section.

(5) If there is no right of survivorship under this section, the depository institution may make payment from a multiple–party account to the personal representative of a deceased party without liability to:

(i) Any other party; or

(ii) Any party’s heirs, personal representatives, or assigns.

(6) No funds in an account shall belong to any convenience person by reason of that capacity.

(e) (1) Each account agreement for a multiple–party account opened on or after October 1, 1993, shall contain a clear and conspicuous written statement specifying that unless contrary direction is given in the account agreement, upon the death of a party, the funds in the multiple–party account shall belong to the surviving party or parties.

(2) For multiple–party accounts opened on or after October 1, 1993, the depository institution shall give to the account party or parties:

(i) A copy of the account agreement; or

(ii) A written notice identifying the type of account, the survivorship rights of the parties to the account, and the method by which the account party or parties can obtain a copy of the account agreement.

(f) Unless the account agreement expressly provides otherwise, the funds in a multiple–party account may be withdrawn by any party or by a convenience person for any party or parties, whether or not any other party to the account is incapacitated or deceased.

(g) A depository institution may presume that an account established by the parties as a trust account complies with the definitional requirements of a trust account as set forth in subsection (b) of this section unless, prior to the establishment of the account, the depository institution is provided with written notice to the contrary.

(h) Any written materials required by this section to be given to account parties:

(1) Shall be deemed given if:

(i) Delivered in person to any one of the account parties; or

(ii) Mailed to the account party or parties by first–class mail, postage prepaid, to the address for the account shown on the records of the depository institution; and

(2) May be provided along with or as part of other materials given to account parties.

(i) (1) A person who has an ownership interest in an account that is not a multiple–party account may designate another person as a convenience person on that account.

(2) No funds in the account shall belong to any convenience person by reason of that capacity.
Md. Code, Land Use § 1-403 — MD Code / Article glu / Title 1 / Subtitle 4 / Section 1-403
§1–403.
Status: in_force

(a) This section applies in code counties only in the Southern Maryland class, as established in § 9–302 of the Local Government Article.

(b) A county may provide in the county’s subdivision regulations for:

(1) the dedication of real property for recreation; or

(2) in lieu of dedication, the payment of a fee to be used by the county for the purchase, development, and improvement of real property for recreational facilities.
Md. Code, Land Use § 1-207 — MD Code / Article glu / Title 1 / Subtitle 2 / Section 1-207
§1–207.
Status: in_force

(a) In this section, “planning commission” includes a planning commission or board established under:

(1) Title 2 of this article;

(2) Division II of this article; or

(3) Title 10 of the Local Government Article.

(b) On or before July 1 of each year, a planning commission shall prepare, adopt, and file an annual report for the previous calendar year with the legislative body.

(c) The annual report shall:

(1) index and locate on a map any changes in development patterns that occurred during the period covered by the report, including:

(i) land use;

(ii) transportation;

(iii) community facilities patterns;

(iv) zoning map amendments; and

(v) subdivision plats;

(2) state whether the changes under item (1) of this subsection are consistent with:

(i) each other;

(ii) the recommendations of the last annual report;

(iii) the approved plans of the local jurisdiction;

(iv) the approved plans of all adjoining local jurisdictions; and

(v) the approved plans of State and local jurisdictions that have responsibility for financing or constructing public improvements necessary to implement the local jurisdiction’s plan;

(3) contain statements and recommendations for improving the planning and development process within the local jurisdiction;

(4) state which local laws or regulations have been adopted or changed to implement the visions in § 1–201 of this subtitle as required under § 1–417 of this title or § 3–303 of this article;

(5) contain the measures and indicators required under § 1–208(c) of this subtitle; and

(6) at least once within the 5–year period after the adoption or review by the local jurisdiction of a comprehensive plan under Part II of Subtitle 4 of this title or under Title 3 of this article, contain a narrative on the implementation status of the comprehensive plan, including:

(i) a summary of the development trends contained in the previous annual reports filed during the period covered by the narrative;

(ii) the status of comprehensive plan implementation tools such as comprehensive rezoning to carry out the provisions of the comprehensive plan;

(iii) identification of any significant changes to existing programs, zoning ordinances, regulations, financing programs, or State requirements necessary to achieve the visions and goals of the comprehensive plan during the remaining planning timeframe;

(iv) identification of any State or federal laws, regulations, or requirements that have impeded local implementation of the comprehensive plan and recommendations to remove any impediments;

(v) future land use challenges and issues; and

(vi) a summary of any potential updates to the comprehensive plan.

(d) The legislative body shall review the annual report and direct that any appropriate and necessary studies and other actions be undertaken to ensure the continuation of a viable planning and development process.

(e) The local jurisdiction shall make the annual report available for public inspection.

(f) (1) The local jurisdiction shall mail a copy of the report to the Secretary of Planning.

(2) The Department of Planning may comment on the report.
Md. Code, Natural Resources § 1-404 — MD Code / Article gnr / Title 1 / Subtitle 4 / Section 1-404
§1–404.
Status: in_force

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

(2) “Administrator” means the final authority in the decision making process for accepting land into a land conservation program in the Department of Natural Resources.

(3) “Conservation easement” means an easement held or co-held by the Department of Natural Resources or the Maryland Environmental Trust.

(4) “Land conservation program” includes the Maryland Environmental Trust, Program Open Space, and the Rural Legacy Program.

(5) “Project” means an acquisition or development project under Program Open Space, in accordance with Title 5, Subtitle 9 of this article.

(6) “Protected land” means land that is protected by a land conservation program.

(7) “Rural Legacy Area” has the meaning stated in § 5-9A-02 of this article.

(b) This section applies to applications affecting land that is protected by a program within the Department of Natural Resources, including land that is:

(1) Subject to a conservation easement within a designated Rural Legacy Area;

(2) Subject to a conservation easement held by the Maryland Environmental Trust; or

(3) Subject to a conservation easement funded under Program Open Space.

(c) If the administrator of a land conservation program has not approved the use for the land for which an application is made, a county or municipal corporation may deny an application for:

(1) A subdivision plat or plan;

(2) A residential building permit; or

(3) Any other nonagricultural use or activity, including an access road.

(d) This section may not be construed to limit the authority of a county to grant or deny an application for a land use permit.
Md. Code, Local Government § 1-1401 — MD Code / Article glg / Title 1 / Subtitle 14 / Section 1-1401
§1–1401.
Status: in_force

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

(b) “Authority” means a nonprofit or quasi–governmental entity created by one or more local governments under § 1–1403 of this subtitle.

(c) “Board” means the board of directors of an authority.

(d) (1) “Bond” means a bond issued by an authority under this subtitle.

(2) “Bond” includes a bond, a refunding bond, a note, and any other obligation.

(e) “Cost” includes:

(1) the purchase price of property;

(2) the cost to acquire any right, title, or interest in property;

(3) the cost of any improvements made to property;

(4) the amount to be paid to discharge each obligation necessary or desirable to vest title to any part of property in an authority or other owner;

(5) the cost of any property, right, easement, franchise, or permit associated with a project;

(6) the cost of labor, machinery, and equipment necessary to implement a project;

(7) financing charges;

(8) interest and reserves for principal and interest and for improvements;

(9) the cost of revenue and cost estimates, engineering and legal services, plans, specifications, studies, surveys, and other expenses necessary or incident to determining the feasibility or practicability of a project;

(10) administrative expenses; and

(11) other expenses as necessary or incident to:

(i) financing a project;

(ii) acquiring and improving a project;

(iii) placing a project in operation, including reasonable provisions for working capital; and

(iv) operating and maintaining a project.

(f) “Local government” means a municipality or a county.

(g) (1) “Project” means any organized plan carried out by an authority in relation to:

(i) acquiring and rehabilitating abandoned and dilapidated properties; and

(ii) marketing and leasing, selling, or otherwise transferring the rehabilitated properties.

(2) “Project” includes:

(i) acquiring land or an interest in land;

(ii) acquiring structures, equipment, and furnishings located on a property;

(iii) acquiring property that is functionally related and subordinate to a project; and

(iv) obtaining or contracting for any services necessary for the rehabilitation of a property.

(h) (1) “Revenue” means the income, revenue, and other money an authority receives from or in connection with a project and all other income of an authority.

(2) “Revenue” includes grants, rentals, rates, fees, and charges.

(i) “Tax sale property” means property or an interest in property sold by the tax collector of the county in accordance with Title 14, Subtitle 8, Part III of the Tax – Property Article.

(j) (1) “Trust agreement” means an agreement entered into by an authority to secure a bond.

(2) “Trust agreement” includes a bond contract, bond resolution, or other contract with or for the benefit of a bondholder.

(k) “Water and sewer authority” means an authority established under Title 9, Subtitle 9 of the Environment Article.

(l) “Water and sewer lien” means a lien established under § 9–949 of the Environment Article.
Md. Code, Local Government § 1-608 — MD Code / Article glg / Title 1 / Subtitle 6 / Section 1-608
§1–608.
Status: in_force

The governing body of a county or municipality may appropriate money for the operation, equipment, and maintenance of a park or recreational facility.
Md. Code, State Finance and Procurement § 1-101 — MD Code / Article gsf / Title 1 / Subtitle 1 / Section 1-101
§1–101.
Status: in_force

(a) In this Division I of this article the following words have the meanings indicated.

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

(c) “Includes” or “including” means includes or including by way of illustration and not by way of limitation.

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

(e) “State” means:

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

(2) the District of Columbia; or

(3) the Commonwealth of Puerto Rico.
Md. Code, Estates and Trusts § 1-207 — MD Code / Article get / Title 1 / Subtitle 2 / Section 1-207
§1–207.
Status: in_force

(a) (1) An adopted child shall be treated as a natural child of the child’s adopting parent or parents.

(2) Except as provided in paragraph (3) of this subsection, on adoption a child may not be considered a child of either natural parent.

(3) On adoption by the spouse of a natural parent, the child shall still be considered the child of that natural parent.

(b) A child who has been adopted more than once shall be considered to be a child of the parent or parents who have adopted the child most recently and shall cease to be considered a child of the child’s previous parents.
Md. Code, Agriculture § 1-301 — MD Code / Article gag / Title 1 / Subtitle 3 / Section 1-301
§1–301.
Status: in_force

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

(b) “Carrier” includes a transportation agent.

(c) (1) “Consignee” means a person selling farm products on commission.

(2) “Consignee” includes an agent, factor, and commission merchant.
Md. Code, Estates and Trusts § 1-101 — MD Code / Article get / Title 1 / Subtitle 1 / Section 1-101
§1–101.
Status: in_force

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

(b) “Administrative probate” has the meaning stated in § 5–301 of this article.

(c) “Book” includes a form of electronic recordation.

(d) “Child” has the meaning stated in §§ 1–205 through 1–208 of this title.

(e) “County” includes Baltimore City.

(f) “Court” has the meaning stated in § 2–101 of this article.

(g) “Domestic partnership” has the meaning stated in § 6–101(a) of the Health – General Article.

(h) (1) “Environmental law” means a federal, State, or local law, rule, regulation, or ordinance that relates to the protection of the environment.

(2) “Environmental law” includes Title 16 of the Environment Article.

(i) “Heir” means a person entitled to property of an intestate decedent pursuant to §§ 3–101 through 3–110 of this article.

(j) (1) “Interested person” means:

(i) A person named as executor in a will;

(ii) A person serving as personal representative after judicial or administrative probate;

(iii) A legatee in being, whether the legatee’s interest is vested or contingent, except that a legatee whose interest has been fully paid or fully adeemed ceases to be an “interested person” on receipt of payment or notice of the ademption;

(iv) An heir even if the decedent dies testate, except that an heir of a testate decedent ceases to be an “interested person” when the register has given notice pursuant to § 2–210 or § 5–403(a) of this article;

(v) An heir or legatee whose interest is contingent solely on whether some other heir or legatee survives the decedent by a stated period if the other heir or legatee has died within that period;

(vi) A surviving spouse who has timely filed an election to take an elective share under § 3–403 of this article, except that the surviving spouse ceases to be an “interested person” on the election being withdrawn or ruled ineffective by a court of competent jurisdiction; or

(vii) A person who timely files a petition to caveat under § 5–207 of this article, except that the person ceases to be an “interested person” once the caveat proceeding has been disposed of.

(2) “Interested person” includes:

(i) A minor or other person under a disability; or

(ii) The judicially appointed guardian, committee, conservator or trustee for such person, if any, and if none, then the parent or other person having assumed responsibility for such person.

(3) “Interested person” does not include an assignee of a legatee or an heir.

(k) “Issue” has the meaning stated in § 1–209 of this title.

(l) “Judicial probate” has the meaning stated in § 5–401 of this article.

(m) “Legacy” means any property disposed of by will, including property disposed of in a residuary clause and assets passing by the exercise by the decedent of a testamentary power of appointment.

(n) (1) “Legatee” means a person who under the terms of a will would receive a legacy.

(2) “Legatee” includes a trustee.

(3) “Legatee” does not include a beneficiary of an interest under the trust.

(o) “Letters” include letters testamentary and letters of administration.

(p) “Maryland Rules” means the rules promulgated by the Supreme Court of Maryland under the authority of the Constitution and laws of Maryland.

(q) “Net estate” means the property of the decedent exclusive of the family allowance and enforceable claims against the estate, except as used in §§ 3–102 and 3–203 of this article.

(r) (1) “Personal representative” includes an executor or administrator.

(2) “Personal representative” does not include a special administrator.

(s) (1) “Property” includes both real and personal property, and any right or interest therein.

(2) “Property” refers to:

(i) All real and personal property of a decedent; and

(ii) Any right or interest therein which does not pass, at the time of the decedent’s death, to another person by the terms of the instrument under which it is held, or by operation of law.

(t) “Register” has the meaning stated in § 2–201 of this article.

(u) “Registered domestic partner” means an individual in a registered domestic partnership.

(v) “Registered domestic partnership” means a domestic partnership that is registered in accordance with § 2–214 of this article.

(w) “Representation” has the meaning stated in § 1–210 of this title.

(x) “Special administrator” means an administrator appointed as provided in § 6–401 of this article.

(y) “Surviving registered domestic partner” means the registered domestic partner of a decedent at the time of the decedent’s death.

(z) “Trust company” means an institution that is authorized to exercise trust or fiduciary powers and that:

(1) Is organized under the laws of this State as a State bank, trust company, or savings bank;

(2) Is organized under the laws of the United States and:

(i) Has its principal office in this State;

(ii) 1. Has an office in this State that is not its principal office; and

2. Meets the definition of a trust institution under 12 U.S.C. § 1841(c)(2)(D); or

(iii) 1. Has an office in this State that is not its principal office; and

2. Accepts deposits at its office in this State; or

(3) Is organized under the laws of another state as a bank, trust company, or savings bank and:

(i) 1. Has an office in this State that is not its principal office;

2. Meets the definition of a trust institution under 12 U.S.C. § 1841(c)(2)(D); and

3. Is a direct or indirect subsidiary of a bank holding company that has a direct or indirect bank, trust company, or savings bank subsidiary that has an office in this State at which deposits are accepted; or

(ii) 1. Has an office in this State that is not its principal office; and

2. Accepts deposits at its office in this State.

(aa) “Will” has the meaning stated in § 4–101 of this article.
Md. Code, Financial Institutions § 1-402 — MD Code / Article gfi / Title 1 / Subtitle 4 / Section 1-402
§1–402.
Status: in_force

(a) (1) (i) This section does not apply to any person:

1. Whose primary function is to provide for the exchange, transfer, or dissemination of electronic fund transfer data; and

2. That is not otherwise an operator or person who controls an access area or designated parking area.

(ii) A person described in subparagraph (i) of this paragraph is not liable to a customer or user of an automated teller machine for any claim relating to:

1. Any provision of this section; or

2. The use or attempted use of an automated teller machine.

(2) This section does not apply to an automated teller machine which is located:

(i) Inside a building:

1. Unless the building is a freestanding installation which exists solely to provide an enclosure for the automated teller machine; or

2. Except to the extent that a transaction can be conducted from outside the building; or

(ii) In any area, including any access area, building, enclosed space, or parking area, which is not controlled by the operator.

(b) (1) An operator of an automated teller machine shall adopt procedures for evaluating the safety of the location of the automated teller machine before it is installed.

(2) The procedures shall include a consideration of:

(i) The extent to which the lighting for the automated teller machine complies or will comply with the standards described in this section; and

(ii) The presence of landscaping, vegetation, or other obstructions in the area of the automated teller machine, the access area, and the defined parking area.

(3) (i) The operator of an automated teller machine installed prior to January 1, 1995, shall adopt procedures for evaluating the safety of the location of the existing automated teller machine.

(ii) The procedures adopted under subparagraph (i) of this paragraph shall include a consideration of the facts identified in paragraph (2) of this subsection to the extent appropriate to existing locations.

(iii) This subsection does not impose a duty to relocate an automated teller machine or modify the landscaping, vegetation, or other obstructions in the area of an automated teller machine, access area, or defined parking area for an automated teller machine installed prior to January 1, 1995.

(c) (1) An operator of an automated teller machine shall provide during the hours of darkness lighting of at least 10 candlefoot power at the face of the automated teller machine and extending in an unobstructed direction outward 5 feet.

(2) An operator or, if different, the person who controls the access area or the defined parking area shall provide during the hours of darkness lighting of:

(i) At least 2 candlefoot power within 50 feet from all unobstructed directions from the face of the automated teller machine;

(ii) At least 2 candlefoot power in that portion of the defined parking area within 60 feet of the automated teller machine; and

(iii) In the event the automated teller machine is located within 10 feet of a corner of the building and the automated teller machine is generally accessible from the adjacent side, at least 2 candlefoot power along the first 40 unobstructed feet of the adjacent side of the building.

(3) The requirements of this subsection apply only to automated teller machines that are open for use by customers during the hours of darkness.

(d) (1) At or before the time a customer is furnished with an access device, the issuer of the access device shall furnish to the customer a notice concerning basic safety precautions that customers should employ while using an automated teller machine during hours of darkness.

(2) The notice shall be furnished:

(i) To each customer whose address for the account to which the access device relates is in this State; and

(ii) By personally delivering or mailing the notice to customers at their mailing addresses in this State.

(3) (i) Only one notice need be furnished for each mailing address.

(ii) If access devices are furnished to more than one customer for a single account or set of accounts or on the basis of a single application or other request for access devices, only one notice need be furnished to satisfy this subsection’s notice requirement as to those customers.

(4) The notice required by this subsection may be included with other disclosures related to the access device furnished to a customer, including any initial or periodic disclosure statement furnished under the Federal Electronic Fund Transfer Act.

(5) The issuer of an access device shall be deemed to be in compliance with the notice requirement of this subsection if the issuer advises the customer to:

(i) Be aware of the customer’s surroundings when using an automated teller machine, particularly during the hours of darkness;

(ii) Be accompanied by another person when using an automated teller machine during the hours of darkness;

(iii) Refrain from displaying cash, place cash in a pocket as soon as a transaction is completed, and count cash in the safety of a locked enclosure such as a car or home;

(iv) Use another automated teller machine or return at a later time if anything suspicious is noticed;

(v) Cancel a transaction, place the access device in a pocket, and leave if anything suspicious is noticed when using an automated teller machine; and

(vi) Immediately report all crimes to the operator of the automated teller machine and to local law enforcement officials.

(6) For an access device issued before January 1, 1995, compliance with the provisions of this subsection shall be optional unless:

(i) A customer requests in writing that the notice required by this subsection be provided; or

(ii) The access device is reissued, renewed, or replaced on or after January 1, 1995.
Md. Code, Tax - General § 1-303 — MD Code / Article gtg / Title 1 / Subtitle 3 / Section 1-303
§1–303.
Status: in_force

(a) Subject to subsections (b) and (c) of this section, on a request by the Senate Budget and Taxation Committee, the House Committee on Ways and Means, the Executive Director of the Department, or the Director of the Office of Policy Analysis in the Department, the Department shall conduct an evaluation of a State tax credit, exemption, or preference, or an aspect of a State tax credit, exemption, or preference.

(b) On or before July 1, 2023, the Department shall conduct an evaluation of the tax credits under § 10–733 of this article (innovation investment incentive) and § 10–733.1 of this article (purchase of cybersecurity technology or service).

(c) (1) Beginning October 1, 2022, the Department shall conduct an evaluation at least once every 10 years of each income tax credit that is primarily claimed by business entities and has an annual fiscal impact exceeding $5,000,000.

(2) In conducting a reevaluation of an income tax credit described under paragraph (1) of this subsection for which the Department has previously conducted an evaluation, the Department may conduct an expedited review of the income tax credit if the Department determines that there have been no substantial alterations to the income tax credit since the previous evaluation was conducted.

(d) In consultation with the Senate Budget and Taxation Committee and the House Committee on Ways and Means, the Department shall publish on the Department’s website a schedule of the evaluations to be conducted by the Department.
Md. Code, Natural Resources § 1-207 — MD Code / Article gnr / Title 1 / Subtitle 2 / Section 1-207
§1–207.
Status: in_force

A person may not falsely represent himself as being a Natural Resources police officer, with fraudulent design upon person or property, or to have, use, wear, or display, without authority of the Secretary, any uniform, shield, button, ornament, or shoulder patch of the Department, or to have any simulation or imitations of these articles for the purpose of deception.
Md. Code, Health Occupations § 1A-401 — MD Code / Article gho / Title 1A / Subtitle 4 / Section 1A-401
§1A–401.
Status: in_force

Except as provided in this title, a person may not practice, attempt to practice, or offer to practice acupuncture in this State unless licensed by the Board.
Md. Code, Agriculture § 1-1A-01 — MD Code / Article gag / Title 1 / Subtitle 1A / Section 1-1A-01
§1–1A–01.
Status: in_force

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

(b) “Agricultural mediation” means a voluntary process in which a mediator helps private parties or government agencies resolve agriculturally related disputes in a confidential and nonadversarial setting.

(c) “Mediator” means an impartial person who is trained to help people find mutually acceptable solutions to shared problems and has no power to impose a solution.
Md. Code, Agriculture § 1-1A-03 — MD Code / Article gag / Title 1 / Subtitle 1A / Section 1-1A-03
§1–1A–03.
Status: in_force

(a) The Secretary may:

(1) Establish qualifications for a person requesting agricultural mediation services from the Department;

(2) Establish qualifications for an individual applying to serve as a mediator in the State agricultural mediation program;

(3) Contract with any qualified individual to provide mediation services for qualified mediation applicants; and

(4) Receive grants for purposes of defraying the costs of the State agricultural mediation program.

(b) The Secretary may adopt regulations to:

(1) Meet the requirements of the United States Department of Agriculture for establishing a federally certified State agricultural mediation program; and

(2) Implement the provisions of this subtitle.
Md. Code, Business Regulation § 1-203 — MD Code / Article gbr / Title 1 / Subtitle 2 / Section 1-203
§1–203.
Status: in_force

(a) If a person fails to comply with a subpoena issued under this article, then, on complaint filed by the issuing authority, a court of competent jurisdiction may order compliance with the subpoena.

(b) If a person refuses to be sworn or to give evidence before an officer or unit authorized by this article to administer oaths, then, on complaint of the officer or unit, a court of competent jurisdiction may order the person to be sworn or to give evidence.
Md. Code, Local Government § 1-208 — MD Code / Article glg / Title 1 / Subtitle 2 / Section 1-208
§1–208.
Status: in_force

(a) This section applies to all employees of a governmental unit of a county or a municipality in the State.

(b) Subject to subsections (c) through (e) of this section, each governmental unit may provide disaster service leave with pay to employees subject to this section.

(c) On request, an employee subject to this section may be entitled to disaster service leave with pay if:

(1) (i) the employee is certified by the American Red Cross as a disaster service volunteer; and

(ii) the American Red Cross requests the services of the employee during a disaster that is designated at Level II or above in the regulations and procedures of the National Office of the American Red Cross; or

(2) the employee is a member of:

(i) the Civil Air Patrol;

(ii) the United States Coast Guard Auxiliary;

(iii) Maryland Voluntary Organizations Active in Disaster;

(iv) a volunteer emergency medical services department;

(v) a volunteer fire department;

(vi) a volunteer rescue company or volunteer rescue squad; or

(vii) a Community Emergency Response Team.

(d) An employee may use up to 30 days of disaster service leave in any 12–month period only after obtaining approval from the employee’s governmental unit.

(e) During a prolonged or recurrent disaster, the employee’s governmental unit may:

(1) waive the requirements under subsections (c) and (d) of this section that an employee must request and obtain approval before the employee may use disaster service leave, if waiving the requirement would be in the best interest of the citizens of the county or municipality; and

(2) increase the number of days of disaster service leave under subsection (d) of this section that an employee may use, if an increase in leave would be in the best interest of the citizens of the county or municipality.
Md. Code, Tax - General § 1-407 — MD Code / Article gtg / Title 1 / Subtitle 4 / Section 1-407
§1–407.
Status: in_force

On or before December 31, 2022, and each December 31 thereafter, the Comptroller shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:

(1) the total number of cases reported by whistleblowers during the previous fiscal year;

(2) the number of cases that resulted in a payout to a whistleblower during the previous fiscal year;

(3) the total amount of taxes collected by the State during the previous fiscal year as a result of the original information provided by whistleblowers; and

(4) the total amount of rewards paid to whistleblowers under this subtitle during the previous fiscal year.
Md. Code, Courts and Judicial Proceedings § 1-401 — MD Code / Article gcj / Title 1 / Subtitle 4 / Section 1-401
§1–401.
Status: in_force

The Appellate Court of Maryland is established. It is an intermediate court of appeal authorized by Article IV, §§ 1 and 14A of the Maryland Constitution.
Md. Code, Natural Resources § 1-401 — MD Code / Article gnr / Title 1 / Subtitle 4 / Section 1-401
§1–401.
Status: in_force

Before a license or permit may be issued under this article to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9-101 of the Labor and Employment Article, the employer shall file with the issuing authority:

(1) A certificate of compliance with the Maryland Workers’ Compensation Act; or

(2) The number of a workers’ compensation insurance policy or binder.
Md. Code, Business Occupations and Professions § 1-304 — MD Code / Article gbo / Title 1 / Subtitle 3 / Section 1-304
§1–304.
Status: in_force

(a) This section applies to any survey station established by or under the direction of:

(1) the National Geodetic Survey;

(2) the State agency administering the Maryland coordinate system;

(3) any other organization whose survey stations have been established by or in accordance with the requirements of the State agency authorized to administer the Maryland coordinate system; or

(4) any other State, municipal, or county agency.

(b) Any person who willfully injures, defaces, or destroys the mark or monument at any survey station described in subsection (a) of this section or offers any obstacles to the proper, reasonable, and legal use of the station is guilty of a misdemeanor and on conviction shall be sentenced to pay a fine not to exceed $250 for each offense and costs, or shall be imprisoned for a term of not less than 6 months, or both.
Md. Code, Natural Resources § 1-1101 — MD Code / Article gnr / Title 1 / Subtitle 11 / Section 1-1101
§1–1101.
Status: in_force

(a) The Department may establish one or more affiliated foundations to work with the Maryland Park Service, the Maryland Forest Service, the Wildlife and Heritage Service, the Office of Outdoor Recreation, and the Natural Resources Police.

(b) The purposes of an affiliated foundation are to:

(1) Solicit and accept funds for improvements designed to expand and enhance the equitable use of and access to lands managed by the Department for recreation and conservation purposes;

(2) Promote activities that:

(i) Enhance public programming and recreational and educational offerings;

(ii) Restore or maintain public access to the natural resources of the State; or

(iii) Support operation, maintenance, and law enforcement activities within lands managed by the Department; and

(3) Partner with individuals, corporations, and other entities to support innovative projects that enhance visitors’ experiences at lands managed by the Department, including educating visitors, increasing inclusivity, supporting sustainability, and promoting health and wellness.

(c) (1) The Department shall:

(i) Develop policies for operating each affiliated foundation that the Department establishes, including naming rights; and

(ii) Submit each policy developed to the Attorney General and the State Ethics Commission for review and, if appropriate, approval in accordance with paragraphs (2) and (3) of this subsection.

(2) The Attorney General shall:

(i) Review the policies the Department develops under paragraph (1) of this subsection for form and legal sufficiency; and

(ii) If appropriate, approve the policies for use in governing the affiliated foundation.

(3) The State Ethics Commission shall:

(i) Review the policies the Department develops under paragraph (1) of this subsection that pertain to conflicts of interest; and

(ii) If appropriate, approve the policies for use in governing an official or employee of the Department who also serves as a director or an official of the affiliated foundation.

(d) An affiliated foundation may solicit and receive contributions from businesses, governmental entities, nonprofit organizations, and individuals interested in the promotion of lands managed by the Department.

(e) (1) An affiliated foundation established under this section may not be considered an agency or instrumentality of the State or a unit of the Executive Branch for any purpose.

(2) A financial obligation or liability of an affiliated foundation established under this section may not be considered a debt or an obligation of the State or the Department.

(f) (1) Sections 5–501 through 5–504 of the General Provisions Article do not prohibit an official or employee of the Department from also becoming a director or an official of an affiliated foundation established under this section.

(2) An official or employee of the Department who serves as a director or an official of an affiliated foundation established under this section:

(i) May not be compensated, directly or indirectly, by the affiliated foundation; and

(ii) May be reimbursed for bona fide expenses incurred in the performance of activities undertaken on behalf of the affiliated foundation as authorized by the Department and the board of directors of that affiliated foundation.

(3) (i) The Department shall notify the State Ethics Commission in writing whenever the Department allows an official or employee of the Department to serve as a director or an official of an affiliated foundation.

(ii) Within 30 days after receipt of the notice under subparagraph (i) of this paragraph, the State Ethics Commission shall notify the Department of any objections or concerns pertaining to the joint service identified in the notice.

(iii) On receipt of a notice from the State Ethics Commission under subparagraph (ii) of this paragraph, the Department shall reexamine the joint service identified in the notice.

(4) The Department shall report annually to the Governor, the Legislative Policy Committee of the General Assembly in accordance with § 2–1257 of the State Government Article, and the State Ethics Commission on:

(i) The names of the officials and employees serving as a director or an official of an affiliated foundation; and

(ii) How the policies adopted under subsection (c) of this section have been implemented in the preceding year.

(g) Each year an independent certified public accountant shall audit an affiliated foundation established under this section.

(h) Funds accepted by an affiliated foundation under this section are supplemental to and are not intended to take the place of funding that otherwise would be provided in the annual State operating or capital budget bill for projects or activities of the Department.
Md. Code, Environment § 1-809 — MD Code / Article gen / Title 1 / Subtitle 8 / Section 1-809
§1–809.
Status: in_force

(a) An environmental covenant may be amended or terminated by consent only if the amendment or termination is signed by:

(1) The Agency;

(2) Unless waived by the Agency, the current owner of the fee simple of the real property subject to the covenant;

(3) Each person that originally signed the covenant, unless:

(i) The person waived in a signed record the right to consent; or

(ii) A court finds that the person no longer exists or cannot be located or identified with the exercise of reasonable diligence; and

(4) Except as otherwise provided in subsection (d)(2) of this section, the holder.

(b) If an interest in real property is subject to an environmental covenant, the interest is not affected by an amendment of the covenant unless the current owner of the interest consents to the amendment or has waived in a signed record the right to consent to amendments.

(c) Except for an assignment undertaken in accordance with a governmental reorganization, assignment of an environmental covenant to a new holder shall be considered to be an amendment of the covenant.

(d) Except as otherwise provided in an environmental covenant:

(1) A holder may not assign its interest without consent of the other parties; and

(2) A holder may be removed and replaced by agreement of the other parties specified in subsection (a) of this section.

(e) A court of competent jurisdiction may fill a vacancy in the position of holder.
Md. Code, Education § 1-201 — MD Code / Article ged / Title 1 / Subtitle 2 / Section 1-201
§1–201.
Status: in_force

There shall be throughout this State a general system of free public schools according to the provisions of this article.
Md. Code, Election Law § 1-303 — MD Code / Article gel / Title 1 / Subtitle 3 / Section 1-303
§1–303.
Status: in_force

(a) In this section, “voter information material” means:

(1) campaign literature that is campaign material under Title 13, Subtitle 4 of this article; or

(2) registration or voting information issued by the State Board or a local board.

(b) This section applies only:

(1) in Montgomery County and Prince George’s County; and

(2) to apartment buildings, condominiums, or other multifamily residential structures where access to the entrance of individual residential units is restricted by the owner or governing board of the entire structure.

(c) (1) The owner or governing board of a multifamily residential structure shall designate a public area within the structure where, for the 60–day period immediately prior to each primary election and general election, voter information material may be distributed or deposited.

(2) The designated public area shall be readily accessible to the residents of the structure.

(3) Voter information material deposited in the designated public area shall remain available for residents of the structure for a period of at least 10 days.

(d) On written notification by a person whose rights under this section were violated, the local board shall:

(1) notify the owner or governing board regarding the apparent violation and the requirements of this section; and

(2) request compliance with the requirements of this section.
Md. Code, Natural Resources § 1-201 — MD Code / Article gnr / Title 1 / Subtitle 2 / Section 1-201
§1–201.
Status: in_force

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

(b) “Civilian classification” means the position held by a civilian employee.

(c) “Civilian employee” means an employee of the Natural Resources Police Force other than a Natural Resources police officer.

(d) (1) “Commissioned rank” means the ranks of Lieutenant, Captain, Major, and Lieutenant Colonel.

(2) “Commissioned rank” does not include the Secretary.

(e) “Grade” means the status of Natural Resources police officers who have the same primary areas of duty and responsibility within a rank.

(f) “Natural Resources police officer” means an employee of the Natural Resources Police Force to whom the Secretary assigns police powers under § 1–204 of this subtitle.

(g) (1) “Noncommissioned rank” means a rank other than a commissioned rank.

(2) “Noncommissioned rank” does not include the Secretary.

(h) “Rank” means the status, established by rule, of police employees who have the same relative position in the chain of command.

(i) (1) “Rule” means a rule, an order, or any other directive adopted by the Secretary under this subtitle.

(2) “Rule” does not include a regulation within the meaning of Title 10, Subtitle 1 of the State Government Article.
Md. Code, Natural Resources § 1-304 — MD Code / Article gnr / Title 1 / Subtitle 3 / Section 1-304
§1–304.
Status: in_force

(a) As of July 1, 1974, all State agencies shall prepare, in conjunction with each proposed State action significantly affecting the quality of the environment, an environmental effects report including, but not limited to, a discussion of:

(1) The effects of the proposed action on the environment, including adverse and beneficial environmental effects that are reasonably likely if the proposal is implemented or if it is not implemented;

(2) Measures that might be taken to minimize potential adverse environmental effects and maximize potential beneficial environmental effects, including monitoring, maintenance, replacement, operation, and other follow-up activities; and

(3) Reasonable alternatives to the proposed action that might have less adverse environmental effects or greater beneficial environmental effects, including, the alternative of no action.

(b) The Secretary of Natural Resources prior to December 31, 1973, shall issue guidelines to assist State agencies in the preparation of environmental effects reports in accordance with this subtitle and pursuant to the public notice provisions of § 10-112 of the State Government Article, including, but not limited to, provision for:

(1) Comment upon the proposed State action by public and private organizations and individuals with jurisdiction by law, special expertise, or recognized interest prior to the request for legislation;

(2) The possibility of the preparation of single program environmental effects reports if a series of actions taken individually are of minimal significance but if the cumulative effect of the actions on the environment is significant or if a series of actions are related either geographically or as logical parts in a chain of contemplated actions;

(3) The possibility of the preparation of modified environmental effects reports on remaining decisions significantly affecting the quality of the environment that are parts of actions begun before but not completed by July 1, 1974; and

(4) The issuance of guidelines, in accordance with this subtitle and pursuant to the guidelines issued by the Secretary of Natural Resources, for the preparation of environmental effects reports by each State agency that takes actions that significantly affect the quality of the environment.
Md. Code, Environment § 1-304 — MD Code / Article gen / Title 1 / Subtitle 3 / Section 1-304
§1–304.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, the following persons shall reimburse a county for the reasonable costs incurred by the county in conducting environmental health monitoring or testing, including the cost of collecting and analyzing soil samples, surface water samples, or groundwater samples for the purpose of assessing the effect on public health and the environment of the person’s release of a hazardous substance, discharge of oil, or discharge of a pollutant in the waters of the State:

(i) A responsible person as defined under Title 7, Subtitle 2 of this article;

(ii) A person responsible for the discharge as defined under Title 4, Subtitle 4 of this article; or

(iii) A person responsible for the discharge of a pollutant into the waters of the State in violation of § 9–322 or § 9–323 of this article.

(2) A person may not be required to reimburse a county for costs under paragraph (1) of this subsection if the person has entered into a consent order with the Department.

(b) Costs incurred by a county for environmental health monitoring or testing under activities that are duplicative of State activities, or are not reasonably necessary to protect human health or the environment, are not eligible for reimbursement under subsection (a) of this section.

(c) A county may recover costs that are reimbursable under subsection (a) of this section in a civil action.

(d) If a county determines that it would be more efficient to combine the county’s claim for reimbursement under subsection (a) of this section with a pending claim by the Department, the Department shall, on request by the county, seek to recover reimbursable costs on behalf of the county.

(e) The Department may adopt regulations to carry out the provisions of this section.
Md. Code, Natural Resources § 1-205 — MD Code / Article gnr / Title 1 / Subtitle 2 / Section 1-205
§1–205.
Status: in_force

(a) If a Natural Resources police officer apprehends a person for violating any law punishable as a misdemeanor, the officer may prepare a written or electronic citation containing:

(1) A notice to appear in court;

(2) The name and address of the person charged;

(3) Relevant license numbers, if any;

(4) The offense charged;

(5) The time and place the person shall appear in court;

(6) An acknowledgment of receipt of the citation by the person charged made in a manner determined by the Department; and

(7) Other pertinent information required by the Secretary.

(b) (1) The person charged may promise to appear in court by acknowledging receipt of the citation prepared by the officer in a manner determined by the Department.

(2) If the person charged acknowledges receipt of the citation, the officer is not required to take the person into physical custody for the violation unless:

(i) The person charged does not furnish satisfactory evidence of identity; or

(ii) The officer has reasonable grounds to believe the person charged will not appear.

(c) A person may not fail to comply with a notice to appear in a citation issued under this section unless:

(1) Sufficient collateral for the offense is posted;

(2) The fine is paid in advance of trial; or

(3) The person is represented by counsel in court.

(d) (1) If a person fails to comply with the notice to appear in a citation issued under this section, the court may:

(i) Except as provided in paragraph (4) of this subsection, issue a warrant for the person’s arrest; or

(ii) After 5 days, notify the court’s clerk of the person’s noncompliance.

(2) On receipt of notice of noncompliance from the court, the clerk shall notify the person by mail at the address indicated on the citation that a warrant for the person’s arrest may be issued by the court unless, by the end of the 15th day after the date on which the notice is mailed, the person:

(i) Pays the fine on the original charge as provided for in the original citations and a fine of $100 for failing to appear; or

(ii) Posts bond or a penalty deposit and requests a new trial date.

(3) If a person fails to pay the fines or post the bond or penalty deposit under paragraph (2) of this subsection, the court may issue a warrant.

(4) When the original offense is not punishable by incarceration, a warrant may not be issued for the person under this subsection until 20 days after the original trial date.
Md. Code, Local Government § 1-1005 — MD Code / Article glg / Title 1 / Subtitle 10 / Section 1-1005
§1–1005.
Status: in_force

In this part, “board” means a citizens nursing home board.
Md. Code, Local Government § 1-902 — MD Code / Article glg / Title 1 / Subtitle 9 / Section 1-902
§1–902.
Status: in_force

(a) This section applies to all counties except:

(1) Anne Arundel County;

(2) Baltimore City;

(3) Baltimore County;

(4) Howard County; and

(5) Prince George’s County.

(b) The governing body of a county may contract with another governmental entity for the joint or cooperative performance of any governmental function.

(c) The governing body of a county may:

(1) accept any gift or grant from the federal or State government or any unit of federal or State government; and

(2) use the gift or grant for any lawful purpose for which it was received.
Md. Code, General Provisions § 1-101 — MD Code / Article ggp / Title 1 / Subtitle 1 / Section 1-101
§1–101.
Status: in_force

Except as otherwise provided in this Code, in this Code the following words have the meanings indicated.
Md. Code, Environment § 1-306 — MD Code / Article gen / Title 1 / Subtitle 3 / Section 1-306
§1–306.
Status: in_force

(a) In this section, “supplemental environmental project” means an environmentally beneficial project or activity that is not required by law but that an alleged violator agrees to undertake as part of a settlement or enforcement action.

(b) (1) Subject to paragraph (2) of this subsection, the Department shall create and maintain a database of supplemental environmental projects that the Department may consider for implementation as part of a settlement of an enforcement action.

(2) In creating and maintaining the database, the Department shall solicit input from communities in the State that are overburdened, underserved, or otherwise disadvantaged by environmental stressors.

(3) The Department shall include oyster repletion projects in the database.

(c) (1) The Department may, with reasonable justification, consider a supplemental environmental project that is not included in the database required in subsection (b) of this section as part of a settlement of an enforcement action.

(2) The Department may not choose a supplemental environmental project offered by the violator unless the Department:

(i) Approves the project; and

(ii) Maintains documentation of the approval.

(d) Before a violator undertakes a supplemental environmental project, the Department shall:

(1) Give priority consideration to the selection of a project located in the same geographic area impacted by the alleged violation; and

(2) Ensure that the scope and cost of the chosen project is reasonably related to the nexus of the violation or the adverse impact of the violation and that the cost is sufficient to allow the Department and the alleged violator to reach a settlement.
Md. Code, Local Government § 1-1203 — MD Code / Article glg / Title 1 / Subtitle 12 / Section 1-1203
§1–1203.
Status: in_force

(a) This section applies only in:

(1) Carroll County;

(2) Cecil County;

(3) Garrett County; and

(4) St. Mary’s County.

(b) Subsection (c)(3) of this section does not apply to the distribution of a coupon that is redeemable for a tobacco product if the coupon:

(1) is contained in a newspaper, magazine, or other type of publication and the coupon is incidental to the primary purpose of the publication; or

(2) is sent through the mail.

(c) A person may not:

(1) distribute a tobacco product to an individual under the age of 21 years, unless the individual is acting solely as the agent of the individual’s employer who is engaged in the business of distributing tobacco products;

(2) distribute cigarette rolling papers to an individual under the age of 21 years; or

(3) distribute to an individual under the age of 21 years a coupon redeemable for a tobacco product.

(d) A person has not violated this section if:

(1) the person examined the driver’s license or other valid government–issued identification presented by the recipient of a tobacco product, cigarette rolling paper, or coupon redeemable for a tobacco product; and

(2) the license or other identification positively identified the recipient as being at least 21 years old.

(e) (1) In Carroll County and St. Mary’s County, a person who violates this section commits a civil infraction and is subject to a civil penalty of:

(i) $300 for the first violation; and

(ii) $500 for any subsequent violation within 24 months after the previous citation.

(2) In Cecil County, a person who violates this section commits a civil infraction and is subject to a civil penalty of:

(i) $300 for the first violation;

(ii) $500 for a second violation; and

(iii) $750 for any subsequent violation.

(3) In Garrett County, a person who violates this section commits a civil infraction and is subject to a civil penalty not exceeding $300.
Md. Code, Family Law § 1-203 — MD Code / Article gfl / Title 1 / Subtitle 2 / Section 1-203
§1–203.
Status: in_force

(a) In an action for alimony, annulment, or divorce, an equity court:

(1) has all the powers of a court of equity; and

(2) may issue an injunction to protect any party to the action from physical harm or harassment.

(b) Unless the court expressly provides otherwise, the filing of an action for an annulment, a limited divorce, or an absolute divorce does not constitute lis pendens with respect to any property of a party.

(c) In an action for alimony, annulment, or divorce, a final decree may not be entered except on oral testimony by the plaintiff in a hearing before an examiner or a magistrate or in open court.

(d) An equity court shall hear and determine a case for alimony in as full and ample a manner as a case for alimony could be heard and determined by the Ecclesiastical Courts of England.
Md. Code, Commercial Law § 1-101 — MD Code / Article gcl / Title 1 / Subtitle 1 / Section 1-101
§1–101.
Status: in_force

(a) Titles 1 through 10 of this article may be cited as the Maryland Uniform Commercial Code.

(b) This title may be cited as Maryland Uniform Commercial Code – General Provisions.
Md. Code, Local Government § 1-304 — MD Code / Article glg / Title 1 / Subtitle 3 / Section 1-304
§1–304.
Status: in_force

An employee of a governmental entity may not:

(1) engage in political activity while on the job during working hours; or

(2) advocate the overthrow of the government by unconstitutional or violent means.
Md. Code, Public Safety § 1-302.1 — MD Code / Article gps / Title 1 / Subtitle 3 / Section 1-302.1
§1–302.
Status: in_force

§1–302.1.

(a) The General Assembly finds that 9–1–1 specialists are key members of the team of public safety personnel responding to requests from the public for emergency assistance.

(b) Each jurisdiction employing 9–1–1 specialists shall:

(1) appropriately classify 9–1–1 specialists as first responders in recognition of the training, knowledge, and skills that 9–1–1 specialists possess and demonstrate in answering and handling requests for emergency assistance; and

(2) compensate 9–1–1 specialists in a manner that:

(i) reflects their membership in the team of public safety personnel answering and responding to requests for emergency assistance; and

(ii) is commensurate with the training, knowledge, and skills they possess.
Md. Code, Public Safety § 1-308 — MD Code / Article gps / Title 1 / Subtitle 3 / Section 1-308
§1–308.
Status: in_force

(a) There is a 9–1–1 Trust Fund.

(b) (1) Except as provided in paragraph (2) of this subsection and subject to § 1–309.1 of this subtitle, the purposes of the 9–1–1 Trust Fund are to:

(i) reimburse counties for the cost of enhancing a 9–1–1 system;

(ii) pay contractors in accordance with § 1–306(b)(12) of this subtitle; and

(iii) fund the coordinator position and staff to handle the increased duties related to wireless enhanced 9–1–1 service under § 1–305 of this subtitle, as an administrative cost.

(2) Subject to paragraph (3) of this subsection, in addition to the purposes described under paragraph (1) of this subsection, the purposes of the 9–1–1 Trust Fund include funding:

(i) the operation and maintenance of 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services, including:

1. equipment and software utilized directly for providing 9–1–1 services by a public safety answering point;

2. protocol systems and software utilized directly for providing 9–1–1 services by a public safety answering point;

3. interpretation services provided for a public safety answering point;

4. services provided for a public safety answering point to ensure improved access to individuals with disabilities and other individuals who use assistive technology; and

5. voice, data, and call log recorders utilized to capture information from 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services;

(ii) the operation and maintenance of 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services connectivity and infrastructure equipment, including:

1. automatic number and location identification; and

2. Primary Rate Interface and Session Initiation Protocol trucking for 10–digit emergency and nonemergency lines;

(iii) geographical information systems hardware, software, data development, and data management costs incurred for the effective operation of 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services, including:

1. mapping equipment;

2. interfaces to computer–aided dispatch; and

3. geographical information systems base layer development and management;

(iv) public safety answering point facilities costs, including access control, security systems, and standby power;

(v) costs for public education materials;

(vi) the training of county personnel working in or directly supporting a public safety answering point;

(vii) the provision of tuition reimbursement for 9–1–1 specialists for educational programs related to the 9–1–1 specialist career field;

(viii) costs to maintain the cybersecurity of 9–1–1 systems, enhanced 9–1–1 systems, and Next Generation 9–1–1 services;

(ix) costs of 9–1–1 specialist recruitment activities as described in § 1–306(b)(17) of this subtitle;

(x) costs of telecommunications cardiopulmonary resuscitation training; and

(xi) costs related to the operation of the 9–8–8 suicide prevention hotline that may be shared with 9–1–1 activities, including software interfaces and joint training.

(3) Funding allocated in accordance with paragraph (2) of this subsection may not be utilized for any costs that solely support the 9–8–8 suicide prevention hotline.

(c) The 9–1–1 Trust Fund consists of:

(1) money from the 9–1–1 fee collected and remitted to the Comptroller under § 1–310 of this subtitle;

(2) money from the additional charge collected and remitted to the Comptroller under § 1–311 of this subtitle;

(3) money from the prepaid wireless E 9–1–1 fee collected and remitted to the Comptroller under § 1–313 of this subtitle; and

(4) investment earnings of the 9–1–1 Trust Fund.

(d) Money in the 9–1–1 Trust Fund shall be held in the State Treasury.

(e) The Secretary shall administer the 9–1–1 Trust Fund, subject to the guidelines for financial management and budgeting established by the Department of Budget and Management.

(f) The Secretary shall direct the Comptroller to establish separate accounts in the 9–1–1 Trust Fund for the payment of administrative expenses and for each county.

(g) (1) Any investment earnings shall be credited to the 9–1–1 Trust Fund.

(2) The Comptroller shall allocate the investment income among the accounts in the 9–1–1 Trust Fund, prorated on the basis of the total fees collected in each county.
Md. Code, Local Government § 1-1305 — MD Code / Article glg / Title 1 / Subtitle 13 / Section 1-1305
§1–1305.
Status: in_force

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

(2) (i) “Fair market value” means a value that:

1. is determined by a schedule adopted by the Department of Transportation; and

2. includes the value of the integral parts of an outdoor advertising sign, less depreciation.

(ii) “Fair market value” does not include loss of revenue.

(3) (i) “Outdoor advertising sign” means an off–premises outdoor sign that is:

1. commercially owned and maintained; and

2. used to advertise goods or services for sale in a location other than the location where the sign is placed.

(ii) “Outdoor advertising sign” includes a sign composed of painted bulletin or poster panel, generally referred to as a billboard.

(b) A county or municipality shall pay the fair market value of an outdoor advertising sign that:

(1) was lawfully erected and maintained under a State, county, or municipal law or ordinance; and

(2) is removed or required to be removed by the county or municipality.
Md. Code, Criminal Procedure § 1-203 — MD Code / Article gcp / Title 1 / Subtitle 2 / Section 1-203
§1–203.
Status: reserved

(a) (1) In this subsection, “no–knock search warrant” means a search warrant that authorizes the executing law enforcement officer to enter a building, apartment, premises, place, or thing to be searched without giving notice of the officer’s authority or purpose.

(2) A circuit court judge or District Court judge may issue forthwith a search warrant whenever it is made to appear to the judge, by application as described in paragraph (3) of this subsection, that there is probable cause to believe that:

(i) a misdemeanor or felony is being committed by a person or in a building, apartment, premises, place, or thing within the territorial jurisdiction of the judge; or

(ii) property subject to seizure under the criminal laws of the State is on the person or in or on the building, apartment, premises, place, or thing.

(3) (i) An application for a search warrant shall be:

1. in writing;

2. signed, dated, and sworn to by the applicant; and

3. accompanied by an affidavit that:

A. sets forth the basis for probable cause as described in paragraph (1) of this subsection; and

B. contains facts within the personal knowledge of the affiant that there is probable cause.

(ii) An application for a search warrant may be submitted to a judge:

1. by in–person delivery of the application, the affidavit, and a proposed search warrant;

2. by secure fax, if a complete and printable image of the application, the affidavit, and a proposed search warrant are submitted; or

3. by secure electronic mail, if a complete and printable image of the application, the affidavit, and a proposed search warrant are submitted.

(iii) The applicant and the judge may converse about the search warrant application:

1. in person;

2. via telephone; or

3. via video.

(iv) The judge may issue the search warrant:

1. by signing the search warrant, indicating the date and time of issuance on the search warrant, and physically delivering the signed and dated search warrant, the application, and the affidavit to the applicant;

2. by signing the search warrant, writing the date and time of issuance on the search warrant, and sending complete and printable images of the signed and dated search warrant, the application, and the affidavit to the applicant by secure fax; or

3. by signing the search warrant, either electronically or in writing, indicating the date and time of issuance on the search warrant, and sending complete and printable images of the signed and dated search warrant, the application, and the affidavit to the applicant by secure electronic mail.

(v) The judge shall file a copy of the signed and dated search warrant, the application, and the affidavit with the court.

(vi) 1. If approved in writing by a police supervisor and the State’s Attorney, an application for a search warrant may contain a request that the search warrant be a no–knock search warrant, on the ground that there is reasonable suspicion to believe that, without the authorization the life or safety of the executing officer or another person may be endangered.

2. An application for a no–knock search warrant under this subparagraph shall contain:

A. a description of the evidence in support of the application;

B. an explanation of the investigative activities that have been undertaken and the information that has been gathered to support the request for a no–knock search warrant;

C. an explanation of why the affiant is unable to detain the suspect or search the premises using other, less invasive methods;

D. acknowledgment that any police officers who will execute the search warrant have successfully completed the same training in breach and call–out entry procedures as SWAT team members;

E. a statement as to whether the search warrant can effectively be executed during daylight hours and, if not, what facts or circumstances preclude effective execution in daylight hours; and

F. a list of any additional occupants of the premises by age and gender, as well as an indication as to whether any individuals with cognitive or physical disabilities or pets reside at the premises, if known.

3. A no–knock search warrant shall be executed between 8:00 a.m. and 7:00 p.m., absent exigent circumstances.

(4) The search warrant shall:

(i) be directed to a duly constituted police officer, the State Fire Marshal, or a full–time investigative and inspection assistant of the Office of the State Fire Marshal and authorize the police officer, the State Fire Marshal, or a full–time investigative and inspection assistant of the Office of the State Fire Marshal to search the suspected person, building, apartment, premises, place, or thing and to seize any property found subject to seizure under the criminal laws of the State;

(ii) name or describe, with reasonable particularity:

1. the person, building, apartment, premises, place, or thing to be searched;

2. the grounds for the search; and

3. the name of the applicant on whose application the search warrant was issued; and

(iii) if warranted by application as described in paragraph (3) of this subsection, authorize the executing law enforcement officer to enter the building, apartment, premises, place, or thing to be searched without giving notice of the officer’s authority or purpose.

(5) (i) The search and seizure under the authority of a search warrant shall be made within 10 calendar days after the day that the search warrant is issued.

(ii) After the expiration of the 10–day period, the search warrant is void.

(6) The executing law enforcement officer shall give a copy of the search warrant, the application, and the affidavit to an authorized occupant of the premises searched or leave a copy of the search warrant, the application, and the affidavit at the premises searched.

(7) (i) The executing law enforcement officer shall prepare a detailed search warrant return which shall include the date and time of the execution of the search warrant.

(ii) The executing law enforcement officer shall:

1. give a copy of the search warrant return to an authorized occupant of the premises searched or leave a copy of the return at the premises searched; and

2. file a copy of the search warrant return with the court in person, by secure fax, or by secure electronic mail.

(8) (i) In this paragraph, “exigent circumstances” retains its judicially determined meaning.

(ii) While executing a search warrant, a police officer shall be clearly recognizable and identifiable as a police officer, wearing a uniform, badge, and tag bearing the name and identification number of the police officer.

(iii) 1. This subparagraph applies to a police officer whose law enforcement agency requires the use of body–worn cameras.

2. A police officer executing a search warrant shall use a body–worn camera during the course of the search in accordance with the policies established by the police officer’s law enforcement agency.

(iv) Unless executing a no–knock search warrant, a police officer shall allow a minimum of 20 seconds for the occupants of a residence to respond and open the door before the police officer attempts to enter the residence, absent exigent circumstances.

(v) A police officer may not use flashbang, stun, distraction, or other similar military–style devices when executing a search warrant, absent exigent circumstances.

(b) (1) A circuit court judge or District Court judge shall cause property taken under a search warrant to be restored to the person from whom it was taken if, at any time, on application to the judge, it appears that:

(i) the property taken is not the same as that described in the search warrant;

(ii) there is no probable cause for believing the existence of the grounds on which the search warrant was issued; or

(iii) the property was taken under a search warrant issued more than 15 calendar days before the seizure.

(2) The judge may receive an oral motion made in open court at any time making application for the return of seized property if the application for return is based on any ground described in paragraph (1) of this subsection.

(3) If the judge grants the oral motion described in paragraph (2) of this subsection, the order of the court shall be in writing and a copy of the order shall be sent to the State’s Attorney.

(4) Court costs may not be assessed against the person from whom the property was taken if:

(i) the judge denies the oral motion and requires the person from whom the property was taken to proceed for return of the seized property by petition and an order to show cause to the police authority seizing the property; and

(ii) it is later ordered that the property be restored to the person from whom it was taken.

(5) If the judge finds that the property taken is the same as that described in the search warrant and that there is probable cause for believing the existence of the grounds on which the search warrant was issued, the judge shall order the property to be retained in the custody of the police authority seizing it or to be otherwise disposed of according to law.

(c) (1) This subsection does not apply to contraband or other property prohibited by law from being recoverable.

(2) Property seized under a search warrant issued under subsection (a) of this section may be returned to the person to whom the property belongs without the necessity of that person bringing an action for replevin or any other proceeding against the unit with custody of the property if:

(i) the criminal case in which the property was seized is disposed of because of a nolle prosequi, dismissal, or acquittal;

(ii) the State does not appeal the criminal case in which the property was seized; or

(iii) the time for appeal has expired.

(d) (1) A circuit court judge or District Court judge shall cause property rightfully taken under a search warrant to be restored to the person from whom it was taken if, at any time, on application to the judge, the judge finds that the property is being wrongfully withheld after there is no further need for retention of the property.

(2) The judge may receive an oral motion made in open court at any time making application for the return of seized property if the application for return is based on the ground that the property, although rightfully taken under a search warrant, is being wrongfully withheld after there is no further need for retention of the property.

(3) If the judge grants the oral motion described in paragraph (2) of this subsection, the order of the court shall be in writing and a copy of the order shall be sent to the State’s Attorney.

(4) Court costs may not be assessed against the person from whom the property was taken if:

(i) the judge denies the oral motion and requires the person from whom the property was taken to proceed for return of the seized property by petition and an order to show cause to the police authority wrongfully withholding the property; and

(ii) it is later ordered that the property be restored to the person from whom it was taken.

(e) (1) Notwithstanding any provision of the Maryland Rules, a circuit court judge or District Court judge, on a finding of good cause, may order that an affidavit presented in support of a search and seizure warrant be sealed for a period not exceeding 30 days.

(2) A finding of good cause required by paragraph (1) of this subsection is established by evidence that:

(i) the criminal investigation to which the affidavit is related is of a continuing nature and likely to yield further information that could be of use in prosecuting alleged criminal activities; and

(ii) the failure to maintain the confidentiality of the investigation would:

1. jeopardize the use of information already obtained in the investigation;

2. impair the continuation of the investigation; or

3. jeopardize the safety of a source of information.

(3) A court may grant one 30–day extension of the time that an affidavit presented in support of a search and seizure warrant is to remain sealed if:

(i) law enforcement provides continued evidence as described in paragraph (2) of this subsection; and

(ii) the court makes a finding of good cause based on the evidence.

(4) After the order sealing the affidavit expires, the affidavit shall be:

(i) unsealed; and

(ii) delivered within 15 days:

1. to the person from whom the property was taken; or

2. if that person is not on the premises at the time of delivery, to the person apparently in charge of the premises from which the property was taken.
Md. Code, Tax - Property § 1-403 — MD Code / Article gtp / Title 1 / Subtitle 4 / Section 1-403
§1–403.
Status: in_force

This subtitle shall be known as the Property Owner’s Bill of Rights.
Md. Code, Environment § 1-601 — MD Code / Article gen / Title 1 / Subtitle 6 / Section 1-601
§1–601.
Status: in_force

§1–601. IN EFFECT

(a) Permits issued by the Department under the following sections shall be issued in accordance with this subtitle:

(1) Air quality control permits to construct subject to § 2–404 of this article;

(2) Permits to install, materially alter, or materially extend landfill systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article;

(3) Permits to discharge pollutants to waters of the State issued pursuant to § 9–323 of this article;

(4) Permits to install, materially alter, or materially extend a structure used for storage or distribution of any type of sewage sludge issued, renewed, or amended pursuant to § 9–234.1 or § 9–238 of this article;

(5) Permits to own, operate, establish, or maintain a controlled hazardous substance facility issued pursuant to § 7–232 of this article;

(6) Permits to own, operate, or maintain a hazardous material facility issued pursuant to § 7–103 of this article;

(7) Permits to own, operate, establish, or maintain a low–level nuclear waste facility issued pursuant to § 7–233 of this article;

(8) Potable reuse permits issued in accordance with § 9–303.2 of this article;

(9) Permits for reservoir augmentation issued in accordance with § 9–303.4 of this article; and

(10) Managed aquifer recharge pilot permits issued in accordance with § 9–303.4 of this article.

(b) For permits listed under subsection (a) of this section, a contested case hearing may not occur.

(c) A final determination by the Department on the issuance, denial, renewal, or revision of any permit listed under subsection (a) of this section is subject to judicial review at the request of any person that:

(1) Meets the threshold standing requirements under federal law; and

(2) (i) Is the applicant; or

(ii) Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not provided.

(d) (1) Judicial review shall be on the administrative record before the Department and limited to objections raised during the public comment period, unless the petitioner demonstrates that:

(i) The objections were not reasonably ascertainable during the comment period; or

(ii) Grounds for the objections arose after the comment period.

(2) The court shall remand the matter to the Department for consideration of objections under paragraph (1) of this subsection.

(e) (1) Unless otherwise required by statute, a petition for judicial review by a person that meets the requirements of subsection (c) of this section shall be filed with the circuit court for the county where the application for the permit states that the proposed activity will occur.

(2) The decision of the circuit court may be appealed to the Appellate Court of Maryland.

(f) (1) When this article requires more than one public informational meeting or public hearing, the Department may consolidate some or all of the meetings or hearings for the proposed facility with similar meetings or hearings.

(2) (i) When this subtitle requires the Department to hold a public informational meeting or public hearing, the Department shall hold the meeting or hearing in accordance with the requirements of this paragraph.

(ii) The Department may hold a public informational meeting or public hearing required under this subtitle using teleconference or Internet–based conferencing technology unless:

1. An applicable provision of federal statute or regulation requires the meeting or hearing to be held in person; or

2. Subject to subparagraph (iv) of this paragraph, any person makes a timely request within the time periods specified in §§ 1–603(c)(1) and 1–604(a)(4)(i) of this subtitle that the meeting or hearing be held in person.

(iii) If the Department holds an in–person public informational meeting or public hearing, the Department shall hold the meeting or hearing at a location in the political subdivision and in close proximity to the location where the individual permit applies.

(iv) To protect public health and safety, the Department is not required to hold an in–person public informational meeting or public hearing specified under subparagraph (ii)2 of this paragraph if an emergency declaration is issued by an executive authority of:

1. The federal or State government; or

2. The local government with jurisdiction over a county or municipality where the in–person meeting or hearing would otherwise be held.

§1–601. // EFFECTIVE JUNE 30, 2030 PER CHAPTERS 441 AND 442 OF 2025 //

// EFFECTIVE UNTIL SEPTEMBER 30, 2036 PER CHAPTERS 474 AND 475 OF 2025 //

(a) Permits issued by the Department under the following sections shall be issued in accordance with this subtitle:

(1) Air quality control permits to construct subject to § 2–404 of this article;

(2) Permits to install, materially alter, or materially extend landfill systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article;

(3) Permits to discharge pollutants to waters of the State issued pursuant to § 9–323 of this article;

(4) Permits to install, materially alter, or materially extend a structure used for storage or distribution of any type of sewage sludge issued, renewed, or amended pursuant to § 9–234.1 or § 9–238 of this article;

(5) Permits to own, operate, establish, or maintain a controlled hazardous substance facility issued pursuant to § 7–232 of this article;

(6) Permits to own, operate, or maintain a hazardous material facility issued pursuant to § 7–103 of this article;

(7) Permits to own, operate, establish, or maintain a low–level nuclear waste facility issued pursuant to § 7–233 of this article; and

(8) Managed aquifer recharge pilot permits issued in accordance with § 9–303.4 of this article.

(b) For permits listed under subsection (a) of this section, a contested case hearing may not occur.

(c) A final determination by the Department on the issuance, denial, renewal, or revision of any permit listed under subsection (a) of this section is subject to judicial review at the request of any person that:

(1) Meets the threshold standing requirements under federal law; and

(2) (i) Is the applicant; or

(ii) Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not provided.

(d) (1) Judicial review shall be on the administrative record before the Department and limited to objections raised during the public comment period, unless the petitioner demonstrates that:

(i) The objections were not reasonably ascertainable during the comment period; or

(ii) Grounds for the objections arose after the comment period.

(2) The court shall remand the matter to the Department for consideration of objections under paragraph (1) of this subsection.

(e) (1) Unless otherwise required by statute, a petition for judicial review by a person that meets the requirements of subsection (c) of this section shall be filed with the circuit court for the county where the application for the permit states that the proposed activity will occur.

(2) The decision of the circuit court may be appealed to the Appellate Court of Maryland.

(f) (1) When this article requires more than one public informational meeting or public hearing, the Department may consolidate some or all of the meetings or hearings for the proposed facility with similar meetings or hearings.

(2) (i) When this subtitle requires the Department to hold a public informational meeting or public hearing, the Department shall hold the meeting or hearing in accordance with the requirements of this paragraph.

(ii) The Department may hold a public informational meeting or public hearing required under this subtitle using teleconference or Internet–based conferencing technology unless:

1. An applicable provision of federal statute or regulation requires the meeting or hearing to be held in person; or

2. Subject to subparagraph (iv) of this paragraph, any person makes a timely request within the time periods specified in §§ 1–603(c)(1) and 1–604(a)(4)(i) of this subtitle that the meeting or hearing be held in person.

(iii) If the Department holds an in–person public informational meeting or public hearing, the Department shall hold the meeting or hearing at a location in the political subdivision and in close proximity to the location where the individual permit applies.

(iv) To protect public health and safety, the Department is not required to hold an in–person public informational meeting or public hearing specified under subparagraph (ii)2 of this paragraph if an emergency declaration is issued by an executive authority of:

1. The federal or State government; or

2. The local government with jurisdiction over a county or municipality where the in–person meeting or hearing would otherwise be held.

§1–601. // EFFECTIVE SEPTEMBER 30, 2036 PER CHAPTERS 474 AND 475 OF 2025 //

(a) Permits issued by the Department under the following sections shall be issued in accordance with this subtitle:

(1) Air quality control permits to construct subject to § 2–404 of this article;

(2) Permits to install, materially alter, or materially extend landfill systems, incinerators for public use, or rubble landfills subject to § 9–209 of this article;

(3) Permits to discharge pollutants to waters of the State issued pursuant to § 9–323 of this article;

(4) Permits to install, materially alter, or materially extend a structure used for storage or distribution of any type of sewage sludge issued, renewed, or amended pursuant to § 9–234.1 or § 9–238 of this article;

(5) Permits to own, operate, establish, or maintain a controlled hazardous substance facility issued pursuant to § 7–232 of this article;

(6) Permits to own, operate, or maintain a hazardous material facility issued pursuant to § 7–103 of this article; and

(7) Permits to own, operate, establish, or maintain a low–level nuclear waste facility issued pursuant to § 7–233 of this article.

(b) For permits listed under subsection (a) of this section, a contested case hearing may not occur.

(c) A final determination by the Department on the issuance, denial, renewal, or revision of any permit listed under subsection (a) of this section is subject to judicial review at the request of any person that:

(1) Meets the threshold standing requirements under federal law; and

(2) (i) Is the applicant; or

(ii) Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not provided.

(d) (1) Judicial review shall be on the administrative record before the Department and limited to objections raised during the public comment period, unless the petitioner demonstrates that:

(i) The objections were not reasonably ascertainable during the comment period; or

(ii) Grounds for the objections arose after the comment period.

(2) The court shall remand the matter to the Department for consideration of objections under paragraph (1) of this subsection.

(e) (1) Unless otherwise required by statute, a petition for judicial review by a person that meets the requirements of subsection (c) of this section shall be filed with the circuit court for the county where the application for the permit states that the proposed activity will occur.

(2) The decision of the circuit court may be appealed to the Appellate Court of Maryland.

(f) (1) When this article requires more than one public informational meeting or public hearing, the Department may consolidate some or all of the meetings or hearings for the proposed facility with similar meetings or hearings.

(2) (i) When this subtitle requires the Department to hold a public informational meeting or public hearing, the Department shall hold the meeting or hearing in accordance with the requirements of this paragraph.

(ii) The Department may hold a public informational meeting or public hearing required under this subtitle using teleconference or Internet–based conferencing technology unless:

1. An applicable provision of federal statute or regulation requires the meeting or hearing to be held in person; or

2. Subject to subparagraph (iv) of this paragraph, any person makes a timely request within the time periods specified in §§ 1–603(c)(1) and 1–604(a)(4)(i) of this subtitle that the meeting or hearing be held in person.

(iii) If the Department holds an in–person public informational meeting or public hearing, the Department shall hold the meeting or hearing at a location in the political subdivision and in close proximity to the location where the individual permit applies.

(iv) To protect public health and safety, the Department is not required to hold an in–person public informational meeting or public hearing specified under subparagraph (ii)2 of this paragraph if an emergency declaration is issued by an executive authority of:

1. The federal or State government; or

2. The local government with jurisdiction over a county or municipality where the in–person meeting or hearing would otherwise be held.
Md. Code, Natural Resources § 1-506 — MD Code / Article gnr / Title 1 / Subtitle 5 / Section 1-506
§1–506.
Status: in_force

(a) Except as provided in subsection (e) of this section, the court may grant a stay of the proceedings brought pursuant to this subtitle upon motion of defendant made upon notice to all parties and to the Attorney General whether or not a party whenever there is pending any of the following at the time of commencement of an action brought pursuant to this subtitle:

(1) Any administrative enforcement hearing initiated by an agency of the State or a political subdivision, either prior to or after receipt of the statutory notice required by § 1-505(b) and (c) of this subtitle, with jurisdiction by law over the condition or activity complained of, if the proceeding is being diligently prosecuted in the opinion of the court;

(2) Judicial review of any administrative action taken with respect to the condition or activity complained of;

(3) An action in court brought by the Attorney General on behalf of a State agency represented by him or by a political subdivision of the State with respect to the condition or activity complained of; or

(4) An appeal from a judgment rendered with respect to an action brought under item (3) of this subsection.

(b) Except as provided in subsection (e) of this section, the court also may grant the stay provided for in subsection (a) of this section upon motion made by the Attorney General on behalf of the people of the State or by a State agency or official represented by him, whether or not he is a named party defendant.

(c) A stay shall be granted for a time the court considers reasonable for completion of the administrative or judicial proceeding, the pendency of which is the basis for the motion for the stay, but in no event may a stay be granted for longer than 90 days without a showing of sufficient cause by the defendant or the Attorney General.

(d) The court, upon motion demonstrating sufficient cause, may grant extensions of the stay for additional periods not to exceed 90 days each.

(e) A stay pursuant to this section may not be granted if the court finds that the condition or activity complained of either presents an imminent danger to the health, welfare, or safety of the people of the State or results in, or is likely to result in, irreversible or irreparable damage to the air, water, or other natural resources of the State except pursuant to § 1-504(f)(2) of this subtitle.
Md. Code, Public Safety § 1-311 — MD Code / Article gps / Title 1 / Subtitle 3 / Section 1-311
§1–311.
Status: reserved

(a) This section does not apply to prepaid wireless telecommunications service.

(b) In addition to the State 9–1–1 fee, the governing body of each county, by ordinance or resolution enacted or adopted after a public hearing, may impose a county 9–1–1 fee to be added to all current bills rendered for switched local exchange access service or CMRS or other 9–1–1–accessible service in the county.

(c) (1) Except as provided in paragraph (2) of this subsection and subject to paragraphs (3) through (6) of this subsection, the county 9–1–1 fee imposed by a county may not exceed 75 cents per month for each switched local exchange access service, CMRS, or other 9–1–1–accessible service provided.

(2) If revenues attributable to the county 9–1–1 fee for a fiscal year do not provide the revenues necessary to cover a county’s operational costs for the 9–1–1 system for that fiscal year, the county may, for the following fiscal year, impose a county 9–1–1 fee sufficient to cover the county’s projected operational costs for the 9–1–1 system for the fiscal year for each switched local exchange access service, CMRS, or other 9–1–1–accessible service provided.

(3) Except as provided in paragraphs (4) through (6) of this subsection, if a service provider provisions to the same individual or person the voice channel capacity to make more than one simultaneous outbound call from a 9–1–1–accessible service, each separate outbound call voice channel capacity, regardless of the technology, shall constitute a separate 9–1–1–accessible service for purposes of calculating the county 9–1–1 fees due under paragraphs (1) and (2) of this subsection.

(4) CMRS provided to multiple devices that share a mobile telephone number shall be treated as a single 9–1–1–accessible service for purposes of calculating the county 9–1–1 fees due under paragraphs (1) and (2) of this subsection.

(5) A broadband connection not used for telephone service may not constitute a separate voice channel capacity for purposes of calculating the county 9–1–1 fees due under paragraphs (1) and (2) of this subsection.

(6) (i) For a telephone service that provides, to multiple locations, shared simultaneous outbound voice channel capacity configured to provide local dial in different states or counties, the voice channel capacity to which the 9–1–1 fee due under paragraphs (1) and (2) of this subsection applies is only the portion of the shared voice channel capacity in the county identified by the service supplier’s books and records.

(ii) In determining the portion of shared capacity in the county, a service supplier may rely on, among other factors, a customer’s certification of the customer’s allocation of capacity in the county, which may be based on:

1. each end user location;

2. the total number of end users; and

3. the number of end users at each end user location.

(7) The amount of the county 9–1–1 fees may not exceed a level necessary to cover the total eligible maintenance and operation costs of the county.

(d) The county 9–1–1 fee continues in effect until repealed or modified by a subsequent county ordinance or resolution.

(e) After imposing, repealing, or modifying a county 9–1–1 fee, the county shall certify the amount of the county 9–1–1 fee to:

(1) the Public Service Commission;

(2) the Board; and

(3) no later than 60 days before the implementation of the change, the Comptroller.

(f) The Public Service Commission shall direct each telephone company that provides service in a county that imposed a county 9–1–1 fee to add, within 60 days, the full amount of the county 9–1–1 fee to all current bills rendered for switched local exchange access service in the county.

(g) Within 60 days after a county enacts or adopts an ordinance or resolution that imposes, repeals, or modifies a county 9–1–1 fee, each 9–1–1 service carrier that provides service in the county shall add the full amount of the county 9–1–1 fee to all current bills rendered for CMRS or other 9–1–1–accessible service in the county.

(h) (1) Each telephone company and each 9–1–1 service carrier shall:

(i) act as a collection agent for the 9–1–1 Trust Fund with respect to the county 9–1–1 fee imposed by each county;

(ii) collect the money from the county 9–1–1 fee on a county basis; and

(iii) remit all money collected to the Comptroller on a monthly basis.

(2) The Comptroller shall deposit the money remitted in the 9–1–1 Trust Fund account maintained for the county that imposed the county 9–1–1 fee.
Md. Code, Alcoholic Beverages and Cannabis § 1-3A-01 — MD Code / Article gab / Title 1 / Subtitle 3A / Section 1-3A-01
§1–3A–01.
Status: in_force

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

(b) “Executive Director” means the Executive Director of the Office of Social Equity.

(c) “Fund” means the Community Reinvestment and Repair Fund.

(d) “Office” means the Office of Social Equity.
Md. Code, Natural Resources § 1-601 — MD Code / Article gnr / Title 1 / Subtitle 6 / Section 1-601
§1–601.
Status: in_force

It is the policy of the State to foster water safety for recreational uses of the Potomac River, including swimming, bathing, wading, diving, tubing, rafting, and other uses involving contact with the water. There is a particular need to restrict the recreational use of certain waters known to be hazardous to personal safety some or all of the time, specifically, that section of the Potomac River beginning at the District of Columbia and Maryland boundary line which crosses the Potomac River approximately one-half mile north of Chain Bridge and continuing upstream to a line across the Potomac River at Edwards Ferry Road.
Md. Code, Environment § 1-302 — MD Code / Article gen / Title 1 / Subtitle 3 / Section 1-302
§1–302.
Status: in_force

(a) A person who knowingly falsifies, alters, or causes another to falsify or alter any permit, license, or certificate issued or required pursuant to this article to demonstrate compliance with any environmental regulation, permit condition, or other regulatory requirement under this article is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50,000 for each violation or imprisonment not exceeding 2 years or both.

(b) A person who knowingly possesses, displays, or submits to the Department or any other person any falsified or altered permit, license, or certificate issued or required pursuant to this article to demonstrate compliance with any environmental regulation, permit condition, or other regulatory requirement under this article is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $50,000 for each violation or imprisonment not exceeding 2 years or both.

(c) Any fine imposed in accordance with this section shall be ordered paid into any applicable special fund authorized to receive fines for violations of any section of this article that requires or authorizes the document that is the subject of this violation.

(d) (1) The Attorney General shall take charge of, investigate, prosecute, and defend on behalf of the State every case arising under the provisions of this section, including the recovery of any fines.

(2) The provisions of this section may not limit or affect the power or authority of State’s Attorneys under § 15–102 of the Criminal Procedure Article.
Md. Code, Business Regulation § 1-205 — MD Code / Article gbr / Title 1 / Subtitle 2 / Section 1-205
§1–205.
Status: in_force

Before a license or permit is issued under this article to an employer to engage in an activity in which the employer may employ a covered employee, as defined in § 9-101 of the Labor and Employment Article, the employer shall file with the issuing authority:

(1) a certificate of compliance with the Maryland workers’ compensation laws; or

(2) the number of a workers’ compensation insurance policy or binder.
Md. Code, Human Services § 1-212 — MD Code / Article ghu / Title 1 / Subtitle 2 / Section 1-212
§1–212.
Status: in_force

(a) Except where the consent of the person in interest is not required by law, a public agency may disclose information or records under § 1–210 of this subtitle only after obtaining written consent from:

(1) the person in interest; or

(2) another individual authorized to give consent under subsection (b) of this section.

(b) (1) For the purposes of this subsection, a person in interest is considered not reasonably available if:

(i) after reasonable oral or written inquiry, the requesting public agency is unaware of the existence of a person in interest;

(ii) after reasonable inquiry, the requesting public agency cannot determine the location of a person in interest; or

(iii) after reasonable efforts by the requesting public agency to contact the person in interest, the person in interest has not responded in a timely manner, taking into account the needs of the minor for whom services are to be provided.

(2) If the person in interest is not reasonably available to give written consent, the following persons, not listed in order of priority, may consent in writing to the release of information or records regarding a minor:

(i) an adult who is acting as the parent of a minor, not including a teacher or a baby–sitter;

(ii) a court that has jurisdiction over an action affecting the parent–child relationship of which the minor is the subject; or

(iii) the Maryland Department of Health, the Department of Juvenile Services, or a local department of social services, that has the care and custody of a minor.

(3) A person authorized to consent to the release of information or records under paragraph (2) of this subsection shall confirm in writing that the person in interest is not reasonably available.

(4) The public agency releasing the information shall include the written confirmation in the record from which the information is released.

(c) (1) This subsection applies:

(i) notwithstanding any other State law; and

(ii) if disclosure is not prohibited by federal law.

(2) Without the consent of the person in interest, a public agency may disclose to the Children’s Cabinet:

(i) the name, address, date of birth, race, and sex of children receiving services; and

(ii) the types, dates, and duration of services provided to children by State and local agencies.

(3) The Children’s Cabinet may use information disclosed under paragraph (2) of this subsection only for planning, budgeting, evaluation, and analysis.
Md. Code, Health Occupations § 1-222 — MD Code / Article gho / Title 1 / Subtitle 2 / Section 1-222
§1–222.
Status: in_force

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

(2) “Advisory committee” means a committee established by statute or regulation that functions as a subunit of a health occupations board.

(3) “Health occupations board” means a board authorized to issue a license, certificate, or registration under this article.

(b) An individual may not serve concurrently as a member of a health occupations board or an advisory committee and as an elected officer of a professional association organized under the laws of the State that represents and advocates for the interests of the individuals regulated by that health occupations board.
Md. Code, Estates and Trusts § 1-209 — MD Code / Article get / Title 1 / Subtitle 2 / Section 1-209
§1–209.
Status: in_force

(a) In construing all provisions of the estates of decedents law and, unless a contrary intention is indicated, in construing the terms of a will, issue means every living lineal descendant except a lineal descendant of a living lineal descendant.

(b) A person who is treated as a child of a person pursuant to §§ 1–205 through 1–208 of this subtitle shall be considered for all purposes as:

(1) A lineal descendant of the person; and

(2) Except as provided in subsection (a) of this section, a lineal descendant of all persons of whom the person is a lineal descendant.
Md. Code, Commercial Law § 1-203 — MD Code / Article gcl / Title 1 / Subtitle 2 / Section 1-203
§1–203.
Status: in_force

(a) Whether a transaction in the form of a lease creates a lease or security interest is determined by the facts of each case.

(b) A transaction in the form of a lease creates a security interest if the consideration that the lessee is to pay the lessor for the right to possession and use of the goods is an obligation for the term of the lease and is not subject to termination by the lessee; and

(1) The original term of the lease is equal to or greater than the remaining economic life of the goods;

(2) The lessee is bound to renew the lease for the remaining economic life of the goods or is bound to become the owner of the goods;

(3) The lessee has an option to renew the lease for the remaining economic life of the goods for no additional consideration or for nominal additional consideration upon compliance with the lease agreement; or

(4) The lessee has an option to become the owner of the goods for no additional consideration or for nominal additional consideration upon compliance with the lease agreement.

(c) A transaction in the form of a lease does not create a security interest merely because:

(1) The present value of the consideration the lessee is obligated to pay the lessor for the right to possession and use of the goods is substantially equal to or is greater than the fair market value of the goods at the time the lease is entered into;

(2) The lessee assumes risk of loss of the goods;

(3) The lessee agrees to pay, with respect to the goods, taxes, insurance, filing, recording, or registration fees, or service or maintenance costs;

(4) The lessee has an option to renew the lease or to become the owner of the goods;

(5) The lessee has an option to renew the lease for a fixed rent that is equal to or greater than the reasonably predictable fair market rent for the use of the goods for the term of the renewal at the time the option is to be performed; or

(6) The lessee has an option to become the owner of the goods for a fixed price that is equal to or greater than the reasonably predictable fair market value of the goods at the time the option is to be performed.

(d) Additional consideration is nominal if it is less than the lessee’s reasonably predictable cost of performing under the lease agreement if the option is not exercised. Additional consideration is not nominal if:

(1) When the option to renew the lease is granted to the lessee, the rent is stated to be the fair market rent for the use of the goods for the term of the renewal determined at the time the option is to be performed; or

(2) When the option to become the owner of the goods is granted to the lessee, the price is stated to be the fair market value of the goods determined at the time the option is to be performed.

(e) The “remaining economic life of the goods” and “reasonably predictable” fair market rent, fair market value, or cost of performing under the lease agreement must be determined with reference to the facts and circumstances at the time the transaction is entered into.
Md. Code, Alcoholic Beverages and Cannabis § 1-318 — MD Code / Article gab / Title 1 / Subtitle 3 / Section 1-318
§1–318.
Status: in_force

The Executive Director may:

(1) under § 6–202 of this article, inspect and search a building, vehicle, or premises where alcoholic beverages are authorized to be kept, transported, manufactured, or sold;

(2) under § 6–203 of this article, use certain equipment and other means to measure the quantity and quality of alcoholic beverages; and

(3) under § 6–204 of this article, issue summonses for witnesses for hearings and inquiries.
Md. Code, Financial Institutions § 1-213 — MD Code / Article gfi / Title 1 / Subtitle 2 / Section 1-213
§1–213.
Status: in_force

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

(2) “Credit union” has the meaning stated in § 6–101 of this article.

(3) “Savings and loan association” has the meaning stated in § 8–101 of this article.

(b) This section applies only to:

(1) A banking institution;

(2) A credit union;

(3) A savings and loan association;

(4) A community development financial institution; and

(5) A credit grantor regulated under Title 11 of this article.

(c) When evaluating an application for a primary residential mortgage loan or an extension of credit, an entity subject to this section shall:

(1) Adhere to the rules concerning evaluations of applications established under 12 C.F.R. § 1002.6, including consideration of the following verifiable alternative indications of creditworthiness presented or made available to the entity by the applicant:

(i) History of rent or mortgage payments;

(ii) History of utility payments;

(iii) School attendance; and

(iv) Work attendance; and

(2) If the applicant requests, consider other verifiable alternative indications of creditworthiness presented or made available to the entity by the applicant.
Md. Code, Natural Resources § 1-504 — MD Code / Article gnr / Title 1 / Subtitle 5 / Section 1-504
§1–504.
Status: reserved

(a) This subtitle may not be construed to create or authorize any new substantive cause of action or theory of recovery not now recognized by the courts of this State, nor may it be construed as abrogating any cause of action or theory of recovery now recognized by the courts of this State but is for the sole purpose of providing standing to sue to the persons set forth in § 1-503 of this subtitle, subject to the provisions and limitations set forth in this subtitle.

(b) Except as provided in § 1-503(b) of this subtitle, nothing in this subtitle constitutes a waiver by the State or any agency of the defense of sovereign immunity, and this defense is expressly reserved.

(c) This subtitle does not authorize an action for monetary damages. The remedies available to any plaintiff who acquires standing to sue solely by virtue of this subtitle are limited to mandamus or equitable relief, including declaratory relief as to whether a permit or order has been unlawfully issued or is being violated, and a judgment or decree for monetary damages may not be awarded. However, a judgment for monetary damages may be awarded in any action where a judgment is appropriate to a plaintiff who has standing to sue other than by virtue of this subtitle.

(d) This subtitle does not abrogate the existing requirement and principles of exhaustion of administrative remedies, and this subtitle does not broaden, except as specifically set forth, the rights of intervention of persons in administrative hearings and in appeals from the hearings.

(e) This subtitle is not to be construed in any way to alter the present provisions of law relating to standing in any matter affecting local zoning.

(f) (1) Except as provided in this subtitle, relief may not be granted in any action filed under this subtitle with respect to any defendant who shows that the condition, activity, or failure complained of is under and in compliance with:

(i) A lawful, current permit or order of an agency of the State or a political subdivision authorized to issue the permit or order;

(ii) An order or other adjudication of a court of competent jurisdiction in a proceeding in which all of the material issues involved in the action were raised and determined, whether or not the parties to the prior litigation were identical to the parties in the pending action; or

(iii) A lawful current permit or order of an agency of the United States government authorized to issue the permit or order.

(2) If the court finds, upon clear and convincing evidence at any stage of the proceeding, that the condition, activity, or failure complained of exists and either presents an imminent danger to the health, welfare, or safety of the people of the State, or results in or is likely to result in irreversible or irreparable damage to the air, water, or other natural resources of the State, the court may remand the matter to the agency with instructions to consider and make factual determinations with respect to the material issues, as determined by the court, within a time considered reasonable by the court. A finding may not be made until the defendant has been provided an opportunity by the court to present evidence rebutting the plaintiff’s evidence.