Md. Code, Commercial Law § 4-302 — MD Code / Article gcl / Title 4 / Subtitle 3 / Section 4-302
§4–302.
Status: reserved

(a) If an item is presented to and received by a payor bank, the bank is accountable for the amount of:

(1) A demand item, other than a documentary draft, whether properly payable or not, if the bank, in any case in which it is not also the depositary bank, retains the item beyond midnight of the banking day of receipt without settling for it or, whether or not it is also the depositary bank, does not pay or return the item or send notice of dishonor until after its midnight deadline; or

(2) Any other properly payable item unless, within the time allowed for acceptance or payment of that item, the bank either accepts or pays the item or returns it and accompanying documents.

(b) The liability of a payor bank to pay an item pursuant to subsection (a) is subject to defenses based on breach of presentment warranty (§ 4-208) or proof that the person seeking enforcement of the liability presented or transferred the item for the purpose of defrauding the payor bank.
Md. Code, Natural Resources § 4-2A-08 — MD Code / Article gnr / Title 4 / Subtitle 2A / Section 4-2A-08
§4–2A–08.
Status: in_force

(a) Except as provided in subsection (b) of this section, the provisions of this subtitle do not prohibit:

(1) Importation into the State of fish which may be lawfully imported into the United States or lawfully taken and removed from another state;

(2) Entry into this State or the possession, transportation, exportation, processing, sale, offer for sale, or shipment of any fish which is designated an endangered or threatened species in this State but not in the state where originally taken, if the person engaging in the activity demonstrates by substantial evidence that the fish was lawfully taken and lawfully removed from the state of origin; or

(3) Entry into this State or the possession, transportation, exportation, processing, sale, offer for sale, or shipment of fish which are lawfully purchased for, or which are products of, authorized aquaculture operations in nontidal ponds, lakes, or impoundments, provided the fish are identified as such in accordance with regulations adopted under § 4-11A-02 of this title.

(b) (1) (i) This paragraph does not apply to striped bass or rockfish, including hybrids, which are lawfully purchased for, or which are products of authorized aquaculture operations in nontidal ponds, lakes, or impoundments, provided the fish are identified as such in accordance with regulations adopted under § 4-11A-02 of this title.

(ii) If the species of fish known as striped bass or rockfish, including hybrids thereof, is listed as threatened or endangered pursuant to the provisions of this subtitle, all prohibitions of this subtitle shall apply to any striped bass or hybrid located within the State whether or not the fish may have been taken lawfully in another state, except as authorized in this subsection.

(2) A person may possess striped bass or hybrids from another state while transporting them through this State for sale in another state if the person can demonstrate by substantial evidence that the fish were lawfully taken and removed from the state of origin.

(3) A person who possesses a valid license to deal in finfish under § 4-702 of this title may possess, store, and process striped bass or hybrids of striped bass lawfully taken in another state or in waters within the jurisdiction of the Potomac River Fisheries Commission, in conjunction with transporting them through this State for sale in another state.

(c) This section does not permit the possession, transportation, exportation, processing, sale, offer for sale or shipment within this State of species of fish determined, pursuant to the Endangered Species Act, to be an endangered or threatened species except as permitted by § 4-2A-05 of this subtitle.
Md. Code, State Government § 4-110 — MD Code / Article gsg / Title 4 / Subtitle 1 / Section 4-110
§4–110.
Status: in_force

(a) This section applies to all licenses issued by the clerks of the courts other than those issued under Title 17 of the Business Regulation Article.

(b) The Comptroller shall have printed or otherwise prepared, in the forms required by law or usage, blank licenses of every kind:

(1) issued by the clerks of the courts of the State; and

(2) authorized by law.

(c) The Comptroller shall deliver to the clerks the number and kind of blank licenses required by the clerks.
Md. Code, Natural Resources § 4-1028 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1028
§4–1028.
Status: in_force

Every hard-shell clam dealer shall pay a special tax of 25 cents for each bag, which shall contain no more than 105 hard-shell clams, on all clams sold by the dealer. All taxes pursuant to this section shall be remitted to the Department in accordance with its rules and regulations for deposit to the credit of the Fisheries Research and Development Fund and shall be used solely to replenish the hard-shell clam resources of the State.
Md. Code, Environment § 4-406 — MD Code / Article gen / Title 4 / Subtitle 4 / Section 4-406
§4–406.
Status: in_force

The Department is responsible for developing a program, including training, to enable the State to respond to an emergency oil spillage in waters of the State. The Department shall coordinate efforts of the various State and local units aiding in the operation and may request the aid of any appropriate federal agency if necessary.
Md. Code, Environment § 4-110 — MD Code / Article gen / Title 4 / Subtitle 1 / Section 4-110
§4–110.
Status: in_force

(a) If the Department finds that earth moving activity requiring the approval of the appropriate approval authority is being carried on in violation of § 4-105 of this subtitle either because it is being undertaken:

(1) Without any such approval; or

(2) Not substantially in accordance with the approved plan or any written recommendations of the approval authority regarding control of erosion and siltation and elimination of pollution, the Department may issue an order requiring the person conducting the work to stop all work, except that work necessary to implement the recommendations of the approval authority, until such time as approval of the activity has been obtained from the approval authority and the sediment control measures required by the authority have been implemented.

(b) In order to request that a stop work order be lifted, the person to whom the stop work order has been issued shall notify the Department when the required approval has been received and the required sediment control measures have been implemented.

(c) The Department shall act on a request to lift a stop work order and shall notify the requestor of its approval or denial of the request within 2 working days of the receipt of that request. Any denial must be in writing, providing the reasons therefor. Denial of a request to lift a stop work order solely for reasons pertaining to implementation or maintenance of erosion and sediment control measures shall be based upon an inspection of the construction site by the Department. If the initial request is denied, the Department shall act upon each subsequent request within 10 working days of receipt of that subsequent request.

(d) A stop work order is effective immediately whether or not a request for a hearing is filed, and remains in effect until lifted in accordance with this subsection.
Md. Code, Housing and Community Development § 4-901 — MD Code / Article ghs / Title 4 / Subtitle 9 / Section 4-901
§4–901.
Status: in_force

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

(b) “Cooperative housing corporation” has the meaning stated in § 5–6B–01 of the Corporations and Associations Article.

(c) “Cooperative interest” has the meaning stated in § 5–6B–01 of the Corporations and Associations Article.

(d) (1) “Family of limited income” means a family or individual whose income does not exceed the limits that the Secretary establishes under § 4–915 of this subtitle.

(2) “Family of limited income” includes a trust described in 42 U.S.C. § 1396p(d)(4), or a trust established for the benefit of an individual with a disability by an individual other than the beneficiary and that is funded with assets that were never owned or controlled by the beneficiary, if:

(i) the income of the trust does not exceed the upper income limits established by the Secretary under § 4–915 of this subtitle; and

(ii) the beneficiary of the trust is an individual who resides in the residential building owned by the trust.

(e) “Local rehabilitation program” means a rehabilitation program that uses Program loans and is administered by a political subdivision or a nonprofit sponsor.

(f) “Member” has the meaning stated in § 5–6B–01 of the Corporations and Associations Article.

(g) “Minimum livability code” means a regulation, statute, or ordinance that establishes minimum property maintenance standards that the State or a political subdivision adopts under § 12–203 of the Public Safety Article.

(h) “Nonprofit sponsor” means:

(1) a nonprofit organization;

(2) a political subdivision; or

(3) a limited partnership formed to undertake a rehabilitation project that is eligible wholly or partly for federal programs or incentives, if:

(i) each general partner is a nonprofit organization or a political subdivision; or

(ii) 1. each general partner is a wholly owned subsidiary of a nonprofit organization or political subdivision; and

2. a nonprofit organization or political subdivision manages the rehabilitation project or will receive net cash flow or the residual sale proceeds on the sale of the rehabilitation project.

(i) “Program” means the Maryland Housing Rehabilitation Program.

(j) “Program loan” means a loan or grant under the Maryland Housing Rehabilitation Program or a special loan program.

(k) “Regular Rehabilitation Program” means the Program when used to fund a loan for a single family project.

(l) (1) “Rehabilitation project” means a project to repair, reconstruct, renovate, redevelop, improve, modify, or add to a building for a purpose listed in § 4–923 of this subtitle.

(2) “Rehabilitation project” includes providing utility submetering for dwellings in a residential rental building.

(m) “Special loan program” means:

(1) the Accessory, Shared, and Sheltered Housing Program;

(2) the Indoor Plumbing Program;

(3) the Lead Paint Abatement Program;

(4) the Migratory Worker Housing Program;

(5) the Radon and Asbestos Abatement Pilot Program; and

(6) the Accessible Homes for Senior Homeowners Grant Program.

(n) “Special Rehabilitation Program” means the Program when used to fund a loan under a special loan program.

(o) “Sponsor” means an owner who receives a loan to rehabilitate a building for residential rental purposes or nonresidential purposes.
Md. Code, Tax - Property § 4-401 — MD Code / Article gtp / Title 4 / Subtitle 4 / Section 4-401
§4–401.
Status: in_force

(a) The governing body of a county, the chief administrative officer in Montgomery County, or the supervisor in Baltimore City for any local taxes that are due, shall make allowances for:

(1) insolvencies or removals as to personal property;

(2) refunds made under law; or

(3) decreasing or abating assessments under § 8-419 of this article.

(b) On certificates by the governing body of a county, the chief administrative officer in Montgomery County, or the supervisor in Baltimore City, the Comptroller, for any State taxes that are due, shall make allowances for:

(1) insolvencies and removals as to personal property;

(2) refunds made under law; or

(3) decreasing or abating of assessments under § 8-419 of this article.
Md. Code, Family Law § 4-205 — MD Code / Article gfl / Title 4 / Subtitle 2 / Section 4-205
§4–205.
Status: in_force

(a) A husband may sue his wife on a contract made with her, as if she were unmarried.

(b) (1) A third person may take any of the following actions with or against a married woman, as if the married woman were unmarried:

(i) make a contract;

(ii) sue on the contract, whether the contract was made before or during the woman’s marriage;

(iii) sue for a tort, whether the woman committed the tort before or during her marriage; and

(iv) execute on a judgment.

(2) A third person may maintain an action at law or in equity against a married woman in her married name.

(c) If the rent is in arrears under a lease entered into with a married woman for a definite term or a term of years renewable forever, then, as if the woman were unmarried, the landlord may levy on goods under distress.

(d) (1) A depositary that returns to a married woman money she deposited before or during her marriage is validly discharged from any obligation concerning the money by a receipt from the woman.

(2) If the deposit was made in fraud of the husband’s creditors, a creditor of the husband may attach or, by injunction, restrain the payment of the money.
Md. Code, Corporations and Associations § 4A-707 — MD Code / Article gca / Title 4A / Subtitle 7 / Section 4A-707
§4A–707.
Status: in_force

(a) The Department shall require a limited liability company, limited partnership, partnership, corporation, or business trust to submit with the articles of merger a property certificate for each county where a merging limited liability company, partnership, limited partnership, corporation, or business trust other than the successor owns an interest in land.

(b) The property certificate is not required with respect to any property in which the only interest owned by the merging limited liability company, partnership, limited partnership, corporation, or business trust is a security interest.

(c) The property certificate:

(1) Shall be in the form and number of copies that the Department requires; and

(2) May include the certificate of the Department required by § 4A-706 of this subtitle.

(d) (1) The property certificate shall provide a deed reference or other description sufficient to identify the property.

(2) The Department shall:

(i) Indicate on the property certificate the time the articles of merger are accepted for record; and

(ii) Send a copy of the property certificate to the chief assessor of the county where the property is located.

(e) A transfer, vesting, or devolution of title to the property is not invalidated or otherwise affected by any error or defect in the property certificate, failure to file the property certificate, or failure by the Department to act on the property certificate.
Md. Code, Transportation § 4-321 — MD Code / Article gtr / Title 4 / Subtitle 3 / Section 4-321
§4–321.
Status: reserved

(a) In this section, “Intercounty Connector” means the east–west multimodal highway in Montgomery and Prince George’s counties between Interstate 270 and Interstate 95/U.S. Route 1, as described in the 2005 – 2010 Consolidated Transportation Plan.

(b) The State and the Authority shall finance the Intercounty Connector as provided in this section.

(c) The Authority shall:

(1) Issue not more than an aggregate principal amount of $750,000,000 in bonds secured by a pledge of future federal aid; and

(2) Issue revenue bonds under this subtitle that are not secured by a pledge of future federal aid.

(d) The Governor shall transfer from the Transportation Trust Fund to the Authority for the Intercounty Connector $22,000,000 in fiscal 2005 and $38,000,000 in fiscal 2006.

(e) The Governor shall transfer to the Authority for the Intercounty Connector:

(1) From the Transportation Trust Fund, at least $30,000,000 each year for fiscal years 2007 through 2010;

(2) From the General Fund or general obligation bonds, an aggregate appropriation by fiscal year 2014 equal to $264,913,000, as follows:

(i) $53,000,000 for fiscal year 2007;

(ii) $55,000,000 for fiscal year 2010;

(iii) At least $80,000,000 for fiscal year 2011; and

(iv) The remaining balance for fiscal year 2012, fiscal year 2013, or fiscal year 2014; and

(3) At least $10,000,000 federal aid from any source in amounts as deemed prudent.

(f) (1) In addition to other amounts provided to finance the Intercounty Connector under this section, the Authority may:

(i) Issue bond anticipation notes for the Intercounty Connector secured by a pledge of a line of credit extended to the State under the federal Transportation Infrastructure Finance and Innovation Act as authorized under § 4–320.1 of this subtitle; and

(ii) Use up to an amount approved by the U.S. Department of Transportation from a loan or line of credit extended to the State under the federal Transportation Infrastructure Finance and Innovation Act.

(2) (i) Subject to subparagraph (ii) of this paragraph, in addition to amounts transferred to the Authority under subsections (d) and (e)(1) of this section, the Governor may transfer up to $75,000,000 from the Transportation Trust Fund to the Authority for the Intercounty Connector.

(ii) Any amounts transferred from the Transportation Trust Fund under subparagraph (i) of this paragraph shall be repaid by the Authority to the Transportation Trust Fund from General Fund appropriations to the Authority.

(g) (1) On or before December 1 of each year until completion of construction of the Intercounty Connector, in accordance with § 2–1257 of the State Government Article, the Authority shall submit a report on the status of the Intercounty Connector to the Senate Budget and Taxation Committee, the House Appropriations Committee, and the House Committee on Ways and Means.

(2) The report required under this subsection shall include:

(i) An update on the progress of the project and a comparison of the actual progress to the project schedule provided to the committees in January 2005;

(ii) The revised estimate of the total project cost of the project and a statement of the reasons for any cost savings or cost overruns, relative to the estimate of $2,447,000,000 provided to the committees in January 2005;

(iii) A description of any changes to the financing plan for the project, including the impact of cost savings or cost overruns, and, consistent with the intent of the General Assembly to limit the overall amount of debt used for financing the Intercounty Connector, the specific identification of sources of funds that may be applied to address any cost overruns;

(iv) Planned expenditures by year, categorized by planning and engineering, right–of–way acquisitions, and construction;

(v) Funding sources by year, categorized by:

1. Grant Anticipation Revenue Vehicle bond issuances;

2. Transfers from the Transportation Trust Fund;

3. Transfers from the General Fund;

4. Federal funds;

5. Authority cash reserves;

6. Authority revenue bond issuances;

7. Draws on a loan or line of credit extended to the State under the federal Transportation Infrastructure Finance and Innovation Act;

8. Bond anticipation notes; and

9. Any other revenue source;

(vi) A schedule of debt service for the Grant Anticipation Revenue Vehicle bond issuances and Authority revenue bond issuances; and

(vii) Financing assumptions, including maturities of bond issuances and forecasted interest rates.
Md. Code, Housing and Community Development § 4-1301 — MD Code / Article ghs / Title 4 / Subtitle 13 / Section 4-1301
§4–1301.
Status: in_force

In this subtitle, “Program” means the Radium Grant Program.
Md. Code, Commercial Law § 4-402 — MD Code / Article gcl / Title 4 / Subtitle 4 / Section 4-402
§4–402.
Status: in_force

(a) Except as otherwise provided in this title, a payor bank wrongfully dishonors an item if it dishonors an item that is properly payable, but a bank may dishonor an item that would create an overdraft unless it has agreed to pay the overdraft.

(b) A payor bank is liable to its customer for damages proximately caused by the wrongful dishonor of an item. Liability is limited to actual damages proved and may include damages for an arrest or prosecution of the customer or other consequential damages. Whether any consequential damages are proximately caused by the wrongful dishonor is a question of fact to be determined in each case.

(c) A payor bank's determination of the customer's account balance on which a decision to dishonor for insufficiency of available funds is based may be made at any time between the time the item is received by the payor bank and the time that the payor bank returns the item or gives notice in lieu of return, and no more than one determination need be made. If, at the election of the payor bank, a subsequent balance determination is made for the purpose of reevaluating the bank's decision to dishonor the item, the account balance at that time is determinative of whether a dishonor for insufficiency of available funds is wrongful.
Md. Code, Housing and Community Development § 4-1103 — MD Code / Article ghs / Title 4 / Subtitle 11 / Section 4-1103
§4–1103.
Status: in_force

A nonprofit organization may use an operating assistance grant for predevelopment, operating, and overhead costs, including:

(1) staff costs;

(2) organizational costs; and

(3) for a grant under § 4-1102 of this subtitle, costs relating to applying for loans or helping individuals to apply for loans.
Md. Code, Labor and Employment § 4-201 — MD Code / Article gle / Title 4 / Subtitle 2 / Section 4-201
§4–201.
Status: in_force

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

(b) “Commissioner” means the Commissioner of Labor and Industry.

(c) “Consent election” means an election that is conducted under a consent election agreement and in accordance with Part II of this subtitle to determine a bargaining representative.

(d) “Mediation Service” means the State Mediation and Conciliation Service.
Md. Code, Estates and Trusts § 4-404 — MD Code / Article get / Title 4 / Subtitle 4 / Section 4-404
§4–404.
Status: in_force

(a) Unless a contrary intent is expressly indicated in the will, property failing to pass under a void or inoperative legacy, and which is not provided for in § 4–403 of this subtitle, shall be distributed as part of the estate of the testator to those persons, including legatees, who would have taken the property if the void or inoperative legacy had not existed.

(b) Where a legacy to one of two or more residuary legatees is void or inoperative, the other residuary legacies shall be augmented proportionately by the property which is the subject of the legacy.
Md. Code, Housing and Community Development § 4-1811 — MD Code / Article ghs / Title 4 / Subtitle 18 / Section 4-1811
§4–1811.
Status: in_force

(a) Rental units developed under this subtitle shall remain affordable as workforce housing for a period of at least 25 years.

(b) If an original buyer of a homeownership workforce housing unit developed through the Program transfers title to the unit at any time, the original buyer shall pay to the Department 100% of the combined amount of Program funds and qualifying local government matching funds used to develop the unit.

(c) If an original buyer of a homeownership workforce housing unit developed through the Program transfers title to the unit:

(1) within 5 years of the date of purchase, the original buyer shall pay the lesser of 20% of the net proceeds of transfer to the Department or a 5% annual return on the Program funds provided for the unit;

(2) during the period that is more than 5 years but less than 15 years from the date of purchase, the original buyer shall pay to the Department the lesser of a percentage of the net proceeds of transfer that begins at 20% and declines by 2% for each subsequent year of ownership or a 5% annual return on the Program funds provided for the unit; and

(3) during the period that is 15 years or more from the date of purchase, the original buyer is not required to pay any portion of the net proceeds of transfer to the Department.

(d) The Department shall distribute to the qualifying local government:

(1) of the funds paid by the original buyer to the Department under subsection (b) of this section, an amount equal to the matching funds provided by the qualifying local government for the homeownership workforce housing unit; and

(2) of the funds paid by the original buyer to the Department under subsection (c) of this section, a proportionate share based on the amount of matching funds provided by the qualifying local government for the homeownership workforce housing unit.

(e) The Department and the qualifying local governments shall use the funds received under this section to develop workforce housing under the Program.

(f) The contract of sale to the original buyer shall disclose all the requirements for repayment to the Department under this section in the event of a transfer of title, including the combined amount of Program funds and qualifying local government matching funds.

(g) (1) The amounts owed to the Department in the event of a transfer of title of a homeownership workforce housing unit under this section shall be secured by a recorded lien on the homeownership workforce housing unit.

(2) The lien created under this subsection may be a subordinate lien.

(3) The Department may charge a fee for servicing a lien created under this subsection.
Md. Code, Health Occupations § 4-505.1 — MD Code / Article gho / Title 4 / Subtitle 5 / Section 4-505.1
§4–505.
Status: in_force

§4–505.1.

(a) A dental radiation technologist authorized to practice in another state shall be issued a certificate in this State if the applicant:

(1) Pays the application fee required by the Board; and

(2) Provides adequate evidence that the applicant:

(i) Meets the qualifications otherwise required under this title for a certification to practice dental radiation technology;

(ii) Has satisfied the examination requirement for certification of another state that the Board determines is comparable to the examination requirement in this State;

(iii) Is not being investigated by a disciplinary authority of another state, does not have charges pending against the applicant’s certification, and has not been disciplined by a disciplinary or certifying authority of another state or country, or been convicted or disciplined by a court of any state or country for an act that would be grounds for disciplinary action under § 4–315 of this title; and

(iv) Has not previously failed an examination for certification as a dental radiation technologist in this State.

(b) If an applicant meets the requirements for certification under this section, the Board shall issue the certificate within 15 business days after receiving the completed application.

(c) The Board may adopt any regulations necessary to provide for the certification of individuals who apply for a certification to practice dental radiation therapy under this section.
Md. Code, Local Government § 4-111 — MD Code / Article glg / Title 4 / Subtitle 1 / Section 4-111
§4–111.
Status: in_force

(a) In this section, “legislation” means any form of county or municipal legislative enactment, including a law, an ordinance, a resolution, or any action by which a county budget is adopted.

(b) Except as provided in subsection (c) of this section, legislation enacted by a county does not apply in a municipality located in the county if the legislation:

(1) by its terms, exempts the municipality;

(2) conflicts with legislation of the municipality enacted under a grant of legislative authority provided by public general law or the municipal charter; or

(3) (i) relates to a subject on which a public general law or the municipal charter grants the municipality legislative authority; and

(ii) the municipality by ordinance or charter amendment:

1. specifically exempts itself from the county legislation; or

2. generally exempts itself from county legislation covered by the type of grant of authority to the municipality.

(c) The following categories of county legislation, if within the scope of legislative powers granted to a county by the General Assembly, apply in all municipalities in the county:

(1) county legislation made applicable to all municipalities in the county under a law enacted by the General Assembly;

(2) county revenue or tax legislation, subject to Title 16, Subtitle 5 and Title 20 of this article, the Tax – General Article, and the Tax – Property Article, or legislation adopting a county budget; and

(3) subject to subsection (e) of this section, county legislation that is enacted in accordance with county requirements for legislation that is to become effective immediately and for which the legislative body of the county:

(i) makes a specific finding based on evidence of record after a hearing held under item (ii) of this item that there will be significant adverse impact on the public health, safety, or welfare affecting residents of the county in unincorporated areas if the legislation does not apply in all municipalities in the county;

(ii) conducts a public hearing at which all municipalities in the county and any interested persons have an opportunity to be heard;

(iii) 1. provides notice of the hearing by certified mail to all municipalities in the county at least 30 days before the hearing; and

2. publishes notice in a newspaper of general circulation in the county for 3 successive weeks, beginning at least 30 days before the hearing; and

(iv) enacts the county legislation by an affirmative vote of at least two–thirds of the authorized membership of the county legislative body.

(d) (1) County legislation enacted in accordance with subsection (c)(3) of this section is subject to judicial review by the circuit court of the county, in accordance with the Maryland Rules governing appeals from administrative agencies, of:

(i) the finding made under subsection (c)(3)(i) of this section; and

(ii) the legislation’s applicability to municipalities located in the county.

(2) An appeal under this subsection shall be filed within 30 days after the effective date of the county legislation.

(3) In a judicial proceeding under this subsection, the only issues that may be considered are whether the county legislative body:

(i) complied with the procedures of subsection (c)(3) of this section; and

(ii) had sufficient evidence from which a reasonable person could conclude that there will be a significant adverse impact on the public health, safety, or welfare affecting residents of the county in unincorporated areas if the county legislation does not apply in all municipalities in the county.

(4) The court shall decide the issues under paragraph (3) of this subsection without a jury.

(5) If a court reverses a legislative body’s finding under subsection (c)(3)(i) of this section:

(i) the legislation shall continue to apply in unincorporated areas of the county; and

(ii) the applicability of the legislation in a municipality is governed by subsection (b) of this section.

(6) A county or municipality in the county may appeal the decision of a circuit court in a proceeding under this subsection to the Appellate Court of Maryland.

(e) County legislation enacted in accordance with subsection (c)(3) of this section does not apply, or becomes inapplicable, in a municipality that has enacted or enacts municipal legislation that:

(1) covers the same subject matter and furthers the same policies as the county legislation;

(2) is at least as restrictive as the county legislation; and

(3) includes provisions for enforcement.

(f) (1) By ordinance, a municipality may request and authorize the county in which it is located to administer or enforce any municipal legislation.

(2) After a municipality enacts an ordinance under paragraph (1) of this subsection, a county may administer or enforce the municipal legislation on mutually agreed terms.

(g) The other provisions of this article are considered amended as provided in this section.
Md. Code, Family Law § 4-605 — MD Code / Article gfl / Title 4 / Subtitle 6 / Section 4-605
§4–605.
Status: in_force

(a) The Secretary shall establish a multipurpose service center for displaced homemakers.

(b) The center shall be in a location that is accessible to a major population area of this State as determined by the Secretary.
Md. Code, Land Use § 4-306 — MD Code / Article glu / Title 4 / Subtitle 3 / Section 4-306
§4–306.
Status: in_force

(a) An appeal to the board of appeals may be filed by:

(1) a person aggrieved by a decision of the administrative officer or unit; or

(2) an officer or unit of the jurisdiction affected by a decision of the administrative officer or unit.

(b) A person shall file an appeal within a reasonable time provided by the rules of the board of appeals by filing with the administrative officer or unit from whose action the appeal is taken and with the board of appeals a notice of appeal specifying the grounds of the appeal.

(c) The administrative officer or unit from whose action the appeal is taken shall transmit promptly to the board all papers constituting the record of the action appealed.

(d) (1) Except as provided in paragraph (2) of this subsection, an appeal to a board of appeals stays all proceedings in furtherance of the action appealed.

(2) If an administrative officer or unit certifies to the board of appeals facts stated in the certificate that indicate to the administrative officer or unit that a stay would cause imminent peril to life or property, the board of appeals or the circuit court may stay the proceedings:

(i) only for good cause shown; and

(ii) through issuing a restraining order after notice is given to the administrative officer or unit.

(e) (1) A board of appeals shall:

(i) establish a reasonable time for the hearing of an appeal;

(ii) give public notice of the existence of the appeal and of the hearing;

(iii) give due notice to the parties in interest and to other persons entitled to notice under local law or the rules of the board of appeals; and

(iv) decide the appeal within a reasonable time.

(2) At a hearing, a party may:

(i) appear in person; or

(ii) be represented by an agent or attorney.

(f) (1) A board of appeals may, in conformity with this division:

(i) wholly or partly reverse the order, requirement, or decision that is the subject of the appeal;

(ii) wholly or partly affirm the order, requirement, or decision that is the subject of the appeal;

(iii) modify the order, requirement, or decision that is the subject of the appeal; or

(iv) issue a new order, requirement, or decision.

(2) The board of appeals shall have all the powers of the administrative officer or unit from whose action the appeal is taken.
Md. Code, Housing and Community Development § 4-2303 — MD Code / Article ghs / Title 4 / Subtitle 23 / Section 4-2303
§4–2303.
Status: in_force

The purpose of the Program is to assist families and individuals who are experiencing, or who are in imminent danger of, a housing crisis in obtaining and maintaining permanent housing.
Md. Code, Land Use § 4-212 — MD Code / Article glu / Title 4 / Subtitle 2 / Section 4-212
§4–212.
Status: in_force

(a) (1) In this section, “agritourism” means an activity conducted on a farm that is offered to a member of the general public or to invited guests for the purpose of education, recreation, or active involvement in the farm operation.

(2) “Agritourism” includes:

(i) farm tours;

(ii) hayrides;

(iii) corn mazes;

(iv) seasonal petting farms;

(v) farm museums;

(vi) guest farms;

(vii) pumpkin patches;

(viii) “pick your own” or “cut your own” produce;

(ix) camping;

(x) incidental outdoor stays;

(xi) classes related to agricultural products or skills; and

(xii) picnic and party facilities offered in conjunction with any agritourism activity.

(b) A local jurisdiction may adopt the definition of “agritourism” as defined in this section by local ordinance, resolution, law, or rule.
Md. Code, Financial Institutions § 4-302 — MD Code / Article gfi / Title 4 / Subtitle 3 / Section 4-302
§4–302.
Status: in_force

(a) Except as provided in this section, a savings bank may not reduce its guaranty fund.

(b) If the Commissioner determines that the guaranty fund of a savings bank exceeds 5 percent of its total deposits and approves a reduction, the savings bank may reduce its fund by the amount of the excess.

(c) If a savings bank abandons a branch and the Commissioner approves a reduction, the savings bank may reduce its guaranty fund by the amount of its addition to the fund required for establishment of the branch.

(d) (1) This subsection applies if the guaranty fund:

(i) Has reached 5 percent of the total deposits of the savings bank; and

(ii) Later falls below that amount.

(2) A savings bank may not pay any interest on its deposits so long as its guaranty fund is less than 5 percent of its total deposits, unless the savings bank adds to the fund, from net earnings for the year, money that equals at least 0.25 percent of its total deposits.

(3) If the Commissioner determines that a savings bank does not have a guaranty fund equal to 5 percent of its total deposits, the Commissioner may require the savings bank:

(i) To add to the fund from its net earnings an amount of money, not to exceed in any year 0.25 percent of its total deposits, that is sufficient to restore the fund to 5 percent of its total deposits; and

(ii) Until the fund is restored, to reduce, by that amount, the interest paid or payable to depositors of the savings bank.

(4) The Commissioner may evaluate the assets of a savings bank by a method that the Federal Deposit Insurance Corporation or any other appropriate federal authority adopts.
Md. Code, Natural Resources § 4-1010 — MD Code / Article gnr / Title 4 / Subtitle 10 / Section 4-1010
§4–1010.
Status: in_force

A person may not have patent tong heads on board a boat when shaft tonging in Queen Anne’s County, Wicomico County, and Kent County waters.
Md. Code, Environment § 4-109 — MD Code / Article gen / Title 4 / Subtitle 1 / Section 4-109
§4–109.
Status: in_force

(a) The Department may issue a written complaint if the Department has reasonable grounds to believe that the person to whom the complaint is directed has violated:

(1) This subtitle;

(2) Any rule or regulation adopted under this subtitle; or

(3) Any sediment control plan approved under this subtitle.

(b) After or concurrently with service of a complaint under this subtitle, the Department may:

(1) Issue an order that requires the person to whom the order is directed to take corrective action within a time set in the order;

(2) Send a written notice that requires the person to whom the notice is directed to file a written report about the alleged violation; or

(3) Send a written notice that requires the person to whom the notice is directed:

(i) To appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint; or

(ii) To file a written report and also appear at a hearing before the Department at a time and place the Department sets to answer the charges in the complaint.

(c) Any order issued under this section is effective immediately, according to its terms, when it is served.
Md. Code, Environment § 4-310 — MD Code / Article gen / Title 4 / Subtitle 3 / Section 4-310
§4–310.
Status: in_force

When any stripping, grading, excavating, or filling is done, the soil conservation district first shall approve the proposed earth change before a grading permit is issued. Stripping, grading, and constructing shall be done in accordance with the recommendations of the soil conservation district to control erosion and siltation. The Department of the Environment shall cooperate with and assist the soil conservation district to perform its responsibilities. The appropriate department of Anne Arundel County or the City of Annapolis promptly shall file a copy of the inspection reports with the soil conservation district. On completion and compliance with every condition set forth in the grading permit, the soil conservation district shall be notified.
Md. Code, Housing and Community Development § 4-1405 — MD Code / Article ghs / Title 4 / Subtitle 14 / Section 4-1405
§4–1405.
Status: in_force

(a) The Department may administer the programs by providing monthly housing assistance payments to or on behalf of eligible households directly or through political subdivisions, their local housing agencies or departments, or nonprofit organizations.

(b) In establishing the programs, the Department shall consult with, as appropriate:

(1) the Department of Human Services;

(2) the Department of Disabilities; or

(3) any other unit of State or local government.

(c) The Secretary shall establish criteria for the programs, including:

(1) income limits for eligibility of households;

(2) time frames for assistance;

(3) monthly assistance amounts;

(4) standards for eligible dwelling units, including types of units, inspection standards, and rent limits;

(5) eligible uses of assistance payments which may include security deposits, utilities, and other housing related expenses; and

(6) any other criteria the Secretary considers appropriate.

(d) In establishing the program criteria, the Secretary may consider factors that include:

(1) household size and expected average income;

(2) regional variations throughout the State;

(3) typical housing costs and expenses;

(4) relevant standards and definitions established for State and federal housing programs;

(5) housing needs of eligible households and the expected duration of the housing needs; and

(6) equitable distribution of funds statewide.

(e) The Secretary may establish different criteria for different programs.
Md. Code, Natural Resources § 4-802.1 — MD Code / Article gnr / Title 4 / Subtitle 8 / Section 4-802.1
§4–802.
Status: in_force

§4–802.1.

Any crabs caught in the waters of Worcester County shall be landed in the State. However, the Department may waive the provisions of this section in case of emergency, necessity, or for other good cause.
Md. Code, Financial Institutions § 4-905 — MD Code / Article gfi / Title 4 / Subtitle 9 / Section 4-905
§4–905.
Status: in_force

(a) Except as otherwise provided in this article, a subsidiary savings bank has all of the general powers granted to Maryland corporations under the Maryland General Corporation Law.

(b) Except as otherwise provided in this article, a subsidiary savings bank may exercise all rights, powers, and privileges and shall be subject to all duties and obligations of a savings bank under the laws of this State.

(c) Any reference to savings bank in any other law of this State shall be applicable to a subsidiary savings bank.

(d) A subsidiary savings bank shall be subject to all the provisions of Title 3, Subtitle 3 of this article regarding its stock.
Md. Code, Economic Development § 4-201 — MD Code / Article gec / Title 4 / Subtitle 2 / Section 4-201
§4–201.
Status: in_force

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

(b) “Board” means the Maryland Tourism Development Board.

(c) “Fund” means the Maryland Tourism Development Board Fund.

(d) “Office” means the Office of Tourism Development.
Md. Code, State Finance and Procurement § 4-808 — MD Code / Article gsf / Title 4 / Subtitle 8 / Section 4-808
§4–808.
Status: in_force

(a) To determine life-cycle costs, the Department, in cooperation with the Maryland Energy Administration, shall establish standards that require at least:

(1) an evaluation of:

(i) the amount and type of glass used in the building and the directions of exposure;

(ii) the effect of insulation incorporated into the design of the building;

(iii) the effect of the use of active and passive solar energy systems;

(iv) if wind or solar energy is used, the orientation and integration of the building with respect to its site; and

(v) the variable occupancy and operating conditions of the building and its parts;

(2) an energy consumption analysis of each major piece of equipment in any of the following systems serving the building:

(i) the cooling system;

(ii) the heating system;

(iii) the hot water system;

(iv) the lighting system;

(v) the ventilation system; and

(vi) any other major energy-using system; and

(3) a comparison of possible alternative energy systems:

(i) that would use the most plentiful and available energy resources in combinations that would result in maximum energy efficiency, both in the building and at the source; and

(ii) with respect to the projected annual energy consumption of the major energy-using equipment of each system over the life of the building.

(b) To evaluate life-cycle costs, the Department shall:

(1) adopt and uniformly apply a definition of the “life of the building”; and

(2) provide defending criteria for the definition adopted.
Md. Code, Local Government § 4-410 — MD Code / Article glg / Title 4 / Subtitle 4 / Section 4-410
§4–410.
Status: in_force

(a) At any time within 45 days after enactment of an annexation resolution, the governing body of the county or counties in which the municipality is located, by at least a two–thirds majority vote, may petition the chief executive and administrative officer of the municipality for a referendum on the resolution.

(b) After verifying compliance with the requirements of this section, the chief executive and administrative officer, by proclamation, shall suspend the effectiveness of the annexation resolution pending the results of the referendum.
Md. Code, Natural Resources § 4-501 — MD Code / Article gnr / Title 4 / Subtitle 5 / Section 4-501
§4–501.
Status: in_force

An obstruction may not be placed at the mouth of any creek, cove, or inlet, or across any stream, so as to impound any fish and prevent its free passage to and from the water or its free access up and down the stream. However, a dam may be erected if fish ladders are maintained in accordance with the provisions of this subtitle.
Md. Code, Corporations and Associations § 4A-12A-19 — MD Code / Article gca / Title 4A / Subtitle 12A / Section 4A-12A-19
§4A–12A–19.
Status: in_force

§4A–12A–19. NOT IN EFFECT

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

(a) (1) Except as provided in paragraph (2) of this subsection, the profits and losses of a limited worker cooperative association shall be apportioned and distributed in the manner specified by the articles of organization or cooperative agreement.

(2) Profits declared as patronage allocations with respect to a period of time and paid or credited to patron members shall be apportioned among the patron members in accordance with the ratio of each patron member’s patronage during the applicable time period to the total patronage by all patron members during that period.

(b) The apportionment, distribution, and payment of net earnings of the limited worker cooperative association may be in cash, credits, or written notices of allocation issued by the association.
Md. Code, Corporations and Associations § 4A-804 — MD Code / Article gca / Title 4A / Subtitle 8 / Section 4A-804
§4A–804.
Status: in_force

If a derivative action is successful, in whole or in part, or if anything is received by the plaintiff as a result of a judgment, compromise, or settlement of an action or claim, the court:

(1) May award the plaintiff reasonable expenses, including reasonable attorney’s fees; and

(2) Shall direct the plaintiff to remit to the limited liability company the remainder of those proceeds.
Md. Code, Housing and Community Development § 4-606 — MD Code / Article ghs / Title 4 / Subtitle 6 / Section 4-606
§4–606.
Status: in_force

The Department shall adopt regulations to carry out the Program.
Md. Code, Corporations and Associations § 4A-209 — MD Code / Article gca / Title 4A / Subtitle 2 / Section 4A-209
§4A–209.
Status: reserved

(a) The exclusive right to use a specified name for a domestic or foreign limited liability company may be reserved by:

(1) A person who intends to organize a domestic limited liability company;

(2) A domestic limited liability company that proposes to change its name;

(3) A foreign limited liability company that intends to register to do business in this State; or

(4) A foreign limited liability company registered to do business in this State that proposes to change its name.

(b) (1) A person may reserve a specified name by filing a signed application with the Department.

(2) If the Department finds that the name is available for use by a limited liability company, the Department shall reserve the name for 30 days for the exclusive use of the applicant.

(c) The exclusive right to use a reserved name may be transferred to another person by filing with the Department a notice of the transfer which specifies the name and address of the transferee and is signed by the applicant for whom the name was reserved.
Md. Code, Local Government § 4-103 — MD Code / Article glg / Title 4 / Subtitle 1 / Section 4-103
§4–103.
Status: in_force

(a) The residents of a municipality are a municipal corporation.

(b) Under the municipality’s corporate name, the municipality:

(1) has perpetual succession;

(2) may sue and be sued; and

(3) may enact and adopt ordinances, resolutions, or bylaws necessary to exercise the authority of the municipality.
Md. Code, Courts and Judicial Proceedings § 4-301 — MD Code / Article gcj / Title 4 / Subtitle 3 / Section 4-301
§4–301.
Status: in_force

(a) Except as provided in §§ 3–803 and 3–8A–03 of this article and 4–302 of this subtitle, the District Court has exclusive original jurisdiction in a criminal case in which a person at least 16 years old or a corporation is charged with violation of the vehicle laws, or the State Boat Act, or regulations adopted pursuant to the vehicle laws or State Boat Act.

(b) Except as provided in § 4–302 of this subtitle, the District Court also has exclusive original jurisdiction in a criminal case in which a person at least 18 years old or a corporation is charged with:

(1) Commission of a common–law or statutory misdemeanor regardless of the amount of money or value of the property involved;

(2) Violation of § 7–104, § 7–105, § 7–107, or § 7–108 of the Criminal Law Article, whether a felony or a misdemeanor;

(3) Violation of a county, municipal, or other ordinance, if the violation is not a felony;

(4) Criminal violation of a State, county, or municipal rule or regulation, if the violation is not a felony;

(5) Doing or omitting to do any act made punishable by a fine, imprisonment, or other penalty as provided by the particular law, ordinance, rule, or regulation defining the violation if the violation is not a felony;

(6) Violation of § 8–103 of the Criminal Law Article, whether a felony or a misdemeanor;

(7) Violation of § 8–203, § 8–204, § 8–205, § 8–206, § 8–207, § 8–208, or § 8–209 of the Criminal Law Article, whether a felony or misdemeanor;

(8) Forgery or violation of Title 8, Subtitle 6 of the Criminal Law Article, whether a felony or misdemeanor;

(9) Violation of Title 27, Subtitle 4 of the Insurance Article, whether a felony or a misdemeanor;

(10) Violation of § 9–1106 of the Labor and Employment Article;

(11) Violation of § 8–301 of the Criminal Law Article, whether a felony or misdemeanor;

(12) Violation of § 2–209 of the Criminal Law Article;

(13) Violation of Title 2, Subtitle 5 of the Criminal Law Article;

(14) Violation of Title 11, Subtitle 5 of the Financial Institutions Article;

(15) Violation of § 10–604, § 10–605, § 10–606, § 10–607, § 10–607.1, or § 10–608 of the Criminal Law Article, whether a felony or misdemeanor;

(16) Violation of Title 7, Subtitle 3, Part III of the Criminal Law Article, whether a felony or misdemeanor;

(17) Violation of § 20–102 of the Transportation Article, whether a felony or misdemeanor;

(18) Violation of § 8–801 of the Criminal Law Article;

(19) Violation of § 8–604 of the Criminal Law Article;

(20) Violation of Title 8, Subtitle 2, Part II of the Criminal Law Article;

(21) Violation of § 16–801, § 16–802, § 16–803, or § 16–804 of the Election Law Article;

(22) Violation of § 3–203(c) of the Criminal Law Article;

(23) Violation of § 11–208 of the Criminal Law Article as a second or subsequent offense;

(24) Violation of § 11–721 of the Criminal Procedure Article as a second or subsequent offense; or

(25) Violation of § 3–1102(b) or § 3–1103 of the Criminal Law Article.
Md. Code, Environment § 4-201.1 — MD Code / Article gen / Title 4 / Subtitle 2 / Section 4-201.1
§4–201.
Status: in_force

§4–201.1.

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

(b) “Environmental site design” means using small–scale stormwater management practices, nonstructural techniques, and better site planning to mimic natural hydrologic runoff characteristics and minimize the impact of land development on water resources.

(c) “Environmental site design” includes:

(1) Optimizing conservation of natural features, such as drainage patterns, soils, and vegetation;

(2) Minimizing use of impervious surfaces;

(3) Slowing down runoff to maintain discharge timing and to increase infiltration and evapotranspiration; and

(4) Using other nonstructural practices or innovative stormwater management technologies approved by the Department.

(d) (1) “Impervious surface” means a surface that does not allow stormwater to infiltrate into the ground.

(2) “Impervious surface” includes rooftops, driveways, sidewalks, or pavement.

(e) “Precipitation data” means historical data that describes the relationship between precipitation intensity, duration, and return period.
Md. Code, State Government § 4-111 — MD Code / Article gsg / Title 4 / Subtitle 1 / Section 4-111
§4–111.
Status: in_force

(a) This section applies to all accounts in the public offices of the State and all proceedings in the courts of the State.

(b) All accounts in the State shall be expressed in dollars and cents.
Md. Code, Business Occupations and Professions § 4-315 — MD Code / Article gbo / Title 4 / Subtitle 3 / Section 4-315
§4–315.
Status: in_force

(a) Except as otherwise provided in § 10-226 of the State Government Article, before the Board takes any final action under § 4-314 of this subtitle, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

(b) The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) The Board may administer oaths in connection with any proceeding under this section.

(d) The hearing notice to be given to the individual shall be sent by certified mail to the last known address of the individual at least 10 days before the hearing.

(e) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
Md. Code, Housing and Community Development § 4-305 — MD Code / Article ghs / Title 4 / Subtitle 3 / Section 4-305
§4–305.
Status: in_force

An individual qualifies as an eligible homebuyer if the individual:

(1) will purchase and occupy a single-unit principal residence and has household income not exceeding upper limits that the Secretary establishes; or

(2) will purchase and occupy a residential building with no more than four units and agrees to rent all units other than the owner’s unit to households with income not exceeding upper limits that the Secretary establishes.
Md. Code, Health Occupations § 4-309.1 — MD Code / Article gho / Title 4 / Subtitle 3 / Section 4-309.1
§4–309.
Status: in_force

§4–309.1.

(a) A certificate expires on the date set by the Board, unless the certificate is renewed for an additional term as provided for by the Board.

(b) At least 1 month before a certificate expires, the Board shall send to the expanded function dental assistant, by electronic means and first–class mail to the last known electronic or physical address of the dental assistant, a renewal notice that states the:

(1) Date on which the current certificate expires;

(2) Date by which the renewal application must be received by the Board for the renewal to be issued and mailed before the certificate expires; and

(3) Amount of the renewal fee.
Md. Code, Family Law § 4-101 — MD Code / Article gfl / Title 4 / Subtitle 1 / Section 4-101
§4–101.
Status: in_force

In this title, “Secretary” means the Secretary of Human Services.
Md. Code, Housing and Community Development § 4-1813 — MD Code / Article ghs / Title 4 / Subtitle 18 / Section 4-1813
§4–1813.
Status: in_force

The Secretary shall adopt regulations to carry out the purposes of the Program.
Md. Code, Education § 4-308 — MD Code / Article ged / Title 4 / Subtitle 3 / Section 4-308
§4–308.
Status: reserved

(a) (1) There is a Parent and Community Advisory Board in the Baltimore City Public School System.

(2) The Advisory Board consists of 14 members, a majority of whom shall be parents of students enrolled in the Baltimore City public schools.

(3) (i) The plaintiffs (parents of students with disabilities) in Vaughn G., et al v. Mayor and City Council, et al case no. MJG–84–1911, United States District Court for the District of Maryland shall appoint three members of the Advisory Board.

(ii) The plaintiffs (parents of students in general education) in Bradford, et al v. Maryland State Board of Education, et al, case no. 94340058/CE189672, Circuit Court for Baltimore City shall appoint two members of the Advisory Board.

(iii) Subject to the approval of the board, the Chief Executive Officer shall appoint seven members of the Advisory Board as follows:

1. Three shall be appointed from a list submitted by the Baltimore City Council of Parent–Teacher Associations;

2. Two shall be appointed from a list submitted by area–based parent networks; and

3. Two shall be appointed from a list submitted by the Title I liaisons.

(iv) The Chief Executive Officer shall appoint two members of the Advisory Board from other parent and community groups in Baltimore City.

(4) If one of the groups specified in paragraph (3)(iii) of this subsection fails to submit a list with a sufficient number of nominees to fill a position, the board shall appoint an individual from other parent and community groups in Baltimore City.

(b) The board and the Chief Executive Officer shall:

(1) Regularly consult with the Advisory Board;

(2) Ensure parental involvement in the development and implementation of the education policies and procedures in the Baltimore City Public School System; and

(3) Ensure increased community involvement and outreach in support of the public schools in the city.

(c) The Chief Executive Officer shall meet with the Parent and Community Advisory Board on at least a quarterly basis.

(d) (1) Each member serves for a term of 2 years.

(2) A member may not serve for more than two consecutive terms.

(3) A member whose term has expired shall remain in office until a successor is appointed.
Md. Code, Commercial Law § 4A-108 — MD Code / Article gcl / Title 4A / Subtitle 1 / Section 4A-108
§4A–108.
Status: in_force

(a) Except as provided in subsection (b) of this section, this title does not apply to a funds transfer any part of which is governed by the Electronic Fund Transfer Act of 1978 (Title XX, Public Law 95–630, 92 Stat. 3728, 15 U.S.C. § 1693 et seq.) as amended from time to time.

(b) This title applies to a funds transfer that is a remittance transfer as defined in the Electronic Fund Transfer Act (15 U.S.C. § 1693o–1) as amended from time to time, unless the remittance transfer is an electronic fund transfer as defined in the Electronic Fund Transfer Act (15 U.S.C. § 1693a) as amended from time to time.

(c) In a funds transfer to which this title applies, in the event of an inconsistency between an applicable provision of this title and an applicable provision of the Electronic Fund Transfer Act, the provision of the Electronic Fund Transfer Act governs to the extent of the inconsistency.
Md. Code, Health Occupations § 4-307 — MD Code / Article gho / Title 4 / Subtitle 3 / Section 4-307
§4–307.
Status: in_force

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

(b) (1) The Board shall include on each license that the Board issues:

(i) The name of the licensee;

(ii) The date the license was issued;

(iii) A serial number;

(iv) The signatures of the president and secretary of the Board; and

(v) The seal of the Board.

(2) On a limited license to practice dentistry, the Board also shall include:

(i) The date the license expires, for a license that expires on the first anniversary of its effective date; and

(ii) The name of the institution or public health program at which the licensee is authorized to practice dentistry.

(3) On a teacher’s license to practice dentistry, the Board also shall include the name of the college or university at which the licensee is a full-time or part-time faculty member.

(4) On a teacher’s license to practice dental hygiene, the Board also shall include the name of the dental school at which the licensee is a full-time or part-time faculty member.

(c) The Board shall issue a license to replace a lost or destroyed license if the licensee pays a fee set by the Board that approximates the actual cost of replacing the license.
Md. Code, Public Safety § 4-1402 — MD Code / Article gps / Title 4 / Subtitle 14 / Section 4-1402
§4–1402.
Status: in_force

(a) There is a Markell Hendricks Youth Crime Prevention and Diversion Parole Fund.

(b) The purpose of the Fund is to provide grant assistance to local law enforcement agencies to administer:

(1) a diversion program under § 3–8A–10(m)(2) of the Courts Article; or

(2) a youth engagement program or event in a high–crime area.

(c) The Executive Director shall administer the Fund.

(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(2) The State Treasurer shall hold the Fund separately and the Comptroller, in conjunction with the Executive Director, shall account for the Fund.

(e) (1) The Fund consists of:

(i) money appropriated in the State budget to the Fund;

(ii) investment earnings of the Fund; and

(iii) money from any other source accepted for the benefit of the Fund.

(2) For each fiscal year, the Governor shall include in the annual budget bill an appropriation of at least $50,000 for the Fund.

(f) The Fund may be used only to provide grants to local law enforcement agencies for the purposes established under subsection (b) of this section.

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

(2) Any interest earnings of the Fund shall be credited to the Fund.

(h) Expenditures from the Fund may be made only in accordance with the State budget.

(i) The accounts and transactions of the Fund shall be subject to audit by the Legislative Auditor as provided in § 2–1220 of the State Government Article.
Md. Code, Health Occupations § 4-313.1 — MD Code / Article gho / Title 4 / Subtitle 3 / Section 4-313.1
§4–313.
Status: in_force

§4–313.1.

Each holder of a certificate to be an expanded function dental assistant shall keep the certificate, and any current renewal, in the office where the dental assistant is employed.
Md. Code, Housing and Community Development § 4-920 — MD Code / Article ghs / Title 4 / Subtitle 9 / Section 4-920
§4–920.
Status: in_force

The Department shall establish a maximum percentage or amount of Program loans from the Rental Housing Programs Fund that may be used for nonresidential rehabilitation.
Md. Code, Economic Development § 4-401 — MD Code / Article gec / Title 4 / Subtitle 4 / Section 4-401
§4–401.
Status: in_force

In this subtitle, “Council” means the Maryland Entertainment Industry Council.
Md. Code, Financial Institutions § 4-801 — MD Code / Article gfi / Title 4 / Subtitle 8 / Section 4-801
§4–801.
Status: in_force

In this subtitle, “savings and loan association” means a savings and loan association organized under Title 9 of this article and insured by the Maryland Deposit Insurance Fund Corporation.
Md. Code, Alcoholic Beverages and Cannabis § 4-114 — MD Code / Article gab / Title 4 / Subtitle 1 / Section 4-114
§4–114.
Status: in_force

(a) This section does not apply to temporary licenses.

(b) The fee for a license issued for less than 1 year is:

(1) the full annual license fee, if the license is issued during the first quarter of the license year;

(2) three–fourths of the annual license fee, if the license is issued during the second quarter of the license year;

(3) one–half of the annual license fee, if the license is issued during the third quarter of the license year; and

(4) one–fourth of the annual license fee, if the license is issued during the fourth quarter of the license year.
Md. Code, Financial Institutions § 4-206 — MD Code / Article gfi / Title 4 / Subtitle 2 / Section 4-206
§4–206.
Status: in_force

(a) Except as otherwise provided in this article, a savings bank has all of the general powers granted to Maryland corporations under the Maryland General Corporation Law.

(b) In addition to the powers set forth elsewhere in this article, a savings bank may:

(1) Receive deposits of money from:

(i) Any person;

(ii) The federal government or its agencies; and

(iii) Any state or its political subdivisions;

(2) Pledge collateral to secure the deposits of:

(i) The federal government or its agencies; or

(ii) Any state or its political subdivisions;

(3) On good security:

(i) Invest deposits; and

(ii) Make loans from deposits;

(4) Subject to § 4-603 of this title:

(i) Borrow money; and

(ii) Pledge its assets to secure the debt;

(5) Rent its vaults or safe-deposit boxes and, in accordance with the rental agreement, permit deposits of property;

(6) Subject to § 5-503 of this article, buy, hold, and convey real property;

(7) Subject to § 4-604 of this title, act as trustee under:

(i) The federal Self-Employed Individuals Tax Retirement Act of 1962; or

(ii) The federal Employee Retirement Income Security Act of 1974;

(8) With the prior approval of the Commissioner, exercise the powers granted under § 3-207 of this article to a trust company; and

(9) Exercise all of the powers usual in carrying on a business of savings banking.
Md. Code, Housing and Community Development § 4-610 — MD Code / Article ghs / Title 4 / Subtitle 6 / Section 4-610
§4–610.
Status: in_force

(a) (1) A Program loan shall be secured by a mortgage lien and may include the terms that the Department considers necessary to make the group home affordable to persons of lower income.

(2) In exceptional circumstances, the terms may include:

(i) deferred payment of principal and interest; and

(ii) interest rates as low as 0%.

(b) Each loan shall require that all unpaid principal and accrued interest, including principal or interest that was deferred, be paid at the earliest of:

(1) a stated date, which may be the maturity date of the Program loan;

(2) the date of the sale or other transfer of the group home or a controlling interest in the group home; and

(3) the date when the project ceases to be used as a group home.

(c) (1) Each Program loan shall provide for:

(i) a limit on the return on equity allowed to a group home sponsor;

(ii) equity participation between the Department and the group home sponsor; or

(iii) an amount of accrued and deferred interest that the Department finds can reasonably be expected to be paid from profit resulting from the sale of the group home.

(2) The Department may forgive any accrued and deferred interest described in paragraph (1)(iii) of this subsection that exceeds the profit from the sale of the group home.

(3) The Department may allow the group home sponsor to earn a reasonable return before the group home sponsor pays accrued and deferred interest.

(d) If a Program loan is in default or is at risk of being in default, the Department may modify the interest rate, the time or amount of payment, or any other term to facilitate repayment and achieve the purposes of the Program.

(e) A Program loan may finance:

(1) the site acquisition, construction costs, and permanent mortgage for a group home;

(2) the purchase of an existing building to provide a group home;

(3) a modification to a building purchased with a Program loan, if the modification improves, repairs, renovates, or rehabilitates the building to:

(i) make it suitable as a group home; or

(ii) eliminate housing, building, fire, safety, health, or other code violations;

(4) the refinancing of an existing mortgage loan on a group home;

(5) closing costs associated with the construction, purchase, or refinance of a group home;

(6) engineering, legal, title, survey, or architectural fees associated with financing real property development; and

(7) other development costs that the Department considers reasonable.
Md. Code, Insurance § 4-116 — MD Code / Article gin / Title 4 / Subtitle 1 / Section 4-116
§4–116.
Status: in_force

(a) (1) On or before March 1 of each year, unless the Commissioner extends the time for good cause, each authorized insurer shall file with the Commissioner a complete statement of its financial condition, transactions, and affairs for the immediately preceding calendar year.

(2) The annual statement shall:

(i) be in the form and have the content approved for current use by the National Association of Insurance Commissioners or its successor organization; and

(ii) contain any additional information that the Commissioner requires.

(3) Unless the Commissioner requires otherwise, the statement of an alien insurer shall relate only to its transactions and affairs in the United States.

(4) Unless the Commissioner extends the time for filing, an authorized insurer that fails to file an annual statement on or before March 10 shall pay a penalty of:

(i) $100 for each day from March 1 to March 10, both inclusive; and

(ii) $150 for each day from March 11 to the day before the Commissioner receives the statement, both inclusive.

(b) At any time, the Commissioner may require an authorized insurer to file an interim statement containing the information that the Commissioner considers necessary.

(c) (1) Except as provided in subsection (d) of this section, on or before June 1 of each year, an authorized insurer shall file with the Commissioner an audited financial report for the immediately preceding calendar year.

(2) The authorized insurer shall have the report prepared by an independent certified public accountant.

(3) The Commissioner may:

(i) set requirements for the form and content of the report; and

(ii) for good cause, extend the time for filing the report.

(4) Unless the Commissioner extends the time for filing, an authorized insurer that fails to file an audited financial report on or before June 10 shall pay a penalty of:

(i) $100 for each day from June 1 to June 10, both inclusive; and

(ii) $150 for each day from June 11 to the day before the Commissioner receives the report, both inclusive.

(d) With 90 days’ advance notice, the Commissioner may require an authorized insurer to file an audited financial report earlier than the date specified in subsection (c) of this section.
Md. Code, Education § 4-126.1 — MD Code / Article ged / Title 4 / Subtitle 1 / Section 4-126.1
§4–126.
Status: in_force

§4–126.1.

(a) In this section, “public–private partnership agreement” means an agreement in which a county board of education contracts with a private entity for the acquisition, design, construction, improvement, renovation, expansion, equipping, or financing of a public school, and may include provisions for operation and maintenance of a school, cooperative use of the school or an adjacent property, and generation of revenue to offset the cost of construction or use of the school.

(b) Except as otherwise provided in this section, § 4–126 of this subtitle applies to a public–private partnership agreement entered into in accordance with this section.

(c) (1) This section applies only if the Prince George’s County Board enters into a public–private partnership agreement with a private entity to enhance the delivery of public school construction in Prince George’s County.

(2) (i) Subject to subparagraph (ii) of this paragraph, before entering into a public–private partnership agreement under paragraph (1) of this subsection, the public–private partnership agreement shall be reviewed by the Maryland Stadium Authority and approved by the Interagency Commission on School Construction.

(ii) The approval of the Interagency Commission on School Construction may not be unreasonably withheld or delayed as specified in the memorandum of understanding required under § 4–126 of this subtitle.

(d) (1) In fiscal years 2024 and 2025, the Maryland Stadium Authority shall deposit the amount under § 10–658 of the Economic Development Article from the Supplemental Public School Construction Financing Fund into the Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of this subtitle.

(2) Subject to paragraph (3) of this subsection, in fiscal year 2026 and each fiscal year thereafter through not later than fiscal year 2055, if the Prince George’s County Board and the private entity remain in the public–private partnership agreement described under subsection (c) of this section, the Maryland Stadium Authority shall deposit the amount under § 10–658 of the Economic Development Article from the Supplemental Public School Construction Financing Fund established under § 10–658 of the Economic Development Article into the Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of this subtitle.

(3) Paragraph (2) of this subsection applies only if the public–private partnership agreement described under subsection (c) of this section includes:

(i) A minimum of 8 schools that will be improved, constructed, or renovated and operated and maintained under the public–private partnership agreement, including one school for which a structural engineer has identified to the Commission that the school needs a full replacement because of faulty steel; and

(ii) A commitment by the Prince George’s County government and the Prince George’s County Board to provide the local share of the total payment.

(4) In fiscal year 2026 and each fiscal year thereafter through not later than fiscal year 2055, if the Prince George’s County Board and the private entity remain in the public–private partnership agreement described under subsection (c) of this section, the Prince George’s County government and the Prince George’s County Board each shall deposit the payment amount required under the public–private partnership agreement into the Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of this subtitle.

(e) In fiscal year 2025 and each fiscal year thereafter through not later than fiscal year 2055, if the Prince George’s County Board and the private entity remain in the public–private partnership agreement described under subsection (c) of this section and the Prince George’s County government deposits the payment in the manner described under subsection (d)(3) of this section, the Interagency Commission on School Construction shall pay the Prince George’s County Board from the Prince George’s County Public–Private Partnership Fund established under § 4–126.2 of this subtitle for the payment required under the public–private partnership agreement.

(f) On January 15, 2025, and each January 15 thereafter, the Prince George’s County government, the Prince George’s County Board, the Maryland Stadium Authority, and the Interagency Commission on School Construction jointly shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the fiscal committees of the General Assembly on the progress of construction and renovations of public school facilities under the public–private partnership agreement described under subsection (c) of this section, including actions:

(1) Taken during the previous fiscal year; and

(2) Planned for the current fiscal year.

(g) (1) On or before July 1, 2029, the Interagency Commission on School Construction shall complete a 5–year evaluation of the effectiveness of the public–private partnership agreement described under subsection (c) of this section.

(2) On or before December 31, 2029, the Interagency Commission on School Construction shall submit a report on the results of the evaluation required under paragraph (1) of this subsection to the Governor and, in accordance with § 2–1257 of the State Government Article, the fiscal committees of the General Assembly.
Md. Code, Natural Resources § 4-906 — MD Code / Article gnr / Title 4 / Subtitle 9 / Section 4-906
§4–906.
Status: in_force

A person may not catch conch for commercial purposes unless the person first obtains a license from the Department.
Md. Code, Housing and Community Development § 4-1601 — MD Code / Article ghs / Title 4 / Subtitle 16 / Section 4-1601
§4–1601.
Status: in_force

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

(b) “Covered county” means:

(1) a county that has adopted home rule powers under Article XI-F of the Maryland Constitution; or

(2) Anne Arundel County, Calvert County, Frederick County, Howard County, or Washington County.

(c) “Family of low or moderate income” means a family or individual that a covered county determines cannot afford a price or rent sufficient to induce private enterprise in the covered county to build enough adequate, safe, and sanitary housing without the assistance of a program.

(d) “Program” means a residential mortgage program under this subtitle.
Md. Code, Agriculture § 4-208 — MD Code / Article gag / Title 4 / Subtitle 2 / Section 4-208
§4–208.
Status: in_force

(a) Each official establishment shall have its premises, facilities, equipment, and operation in accordance with sanitary practices required by departmental rules and regulations.

(b) The Secretary shall refuse to inspect any establishment whose premises, facilities, equipment, or operation fails to meet the requirements of this section.
Md. Code, Public Utilities § 4-207 — MD Code / Article gpu / Title 4 / Subtitle 2 / Section 4-207
§4–207.
Status: in_force

(a) This section applies only to:

(1) an electric cooperative; and

(2) a gas company, electric company, telephone company, water company, or sewage disposal company whose gross annual revenues, for the most recent calendar year for which data are available, are less than 3% of the total gross annual revenues of all public service companies in the State during the same calendar year.

(b) (1) When the Commission suspends a proposed new rate for an electric cooperative or a company subject to this section that is based on the existing authorized fair rate of return or, for an electric cooperative, the existing debt service coverage ratio, the Commission promptly shall institute proceedings to determine if additional revenues are required to allow the electric cooperative or the company to earn the existing debt service coverage ratio or the existing fair rate of return authorized in the previous base rate proceeding.

(2) The Commission shall:

(i) serve each of the parties to the previous base rate proceeding of that electric cooperative or that company with a copy of the suspension order;

(ii) order the electric cooperative or the company to publish a display advertisement about the proposal in newspapers of general circulation in its service area; and

(iii) order the electric cooperative to conduct a public hearing in accordance with the requirements of § 3–104 of this article.

(3) Proceedings under this section shall:

(i) account for revenues, expenses, and rate base in the same manner that the Commission employed in determining a just and reasonable rate in the previous base rate proceeding; and

(ii) exclude consideration of any increase in the rate of return, or, for an electric cooperative, the debt service coverage ratio, any change in rate structure, or any change in an accounting approach to any item pertaining to revenues, expenses, or rate base inconsistent with that used by the Commission in determining a just and reasonable rate in the previous base rate proceeding for the electric cooperative or the company.

(4) In proceedings under this section, the Commission may use a more recent past test period than that used in the previous base rate proceeding for the electric cooperative or the company.

(5) The Commission shall enter a final order as to the revenue requirement determined under this section within 90 days after the proposed new rate is filed.

(6) The final order shall:

(i) authorize a new rate distributing any change in the revenue requirement proportionally among the ratepayers without change in the rate structure; and

(ii) state whether further proceedings shall be held.

(7) If, in the final order, the Commission decides to conduct further proceedings under subsection (c) of this section, the final order may provide for refund, consistent with the provisions of § 4–204(c) of this subtitle, of any difference between the new rate authorized under this subsection and the rate the Commission sets under subsection (c) of this section.

(c) (1) If the Commission decides to conduct further proceedings under subsection (b) of this section, the Commission, after a hearing, may:

(i) modify the rate structure;

(ii) lower the authorized fair rate of return or, for an electric cooperative, lower the debt service coverage ratio; or

(iii) modify the accounting approach to an item that pertains to revenues, expenses, or rate base.

(2) The Commission shall take any action under this subsection within 120 days after entry of a final order under subsection (b) of this section.

(d) (1) This section does not apply to a proposed new rate that is filed:

(i) less than 1 year after a previously proposed new rate under this section is filed; or

(ii) with a request for temporary rates under § 4–205 of this subtitle.

(2) (i) An electric cooperative or a company may not file a proposed new rate under this subtitle if any proposed new rate filed by the electric cooperative or the company under this section is pending, or a new rate filed by the electric cooperative or the company under this section has been in effect fewer than 90 days.

(ii) This paragraph does not preclude an electric cooperative or a company from filing a proposed new rate for a new service if the proposal does not affect the authorized rate of return or, for an electric cooperative, the debt service coverage ratio.

(3) Unless the Commission provides otherwise, this section does not apply to a proposed new rate that is filed more than 3 years after the Commission enters a final order authorizing the existing fair rate of return or, for an electric cooperative, the existing debt service coverage ratio in the previous base rate proceeding.
Md. Code, Alcoholic Beverages and Cannabis § 4-302 — MD Code / Article gab / Title 4 / Subtitle 3 / Section 4-302
§4–302.
Status: reserved

(a) Subject to subsection (b) of this section, a license holder or a receiver or trustee for the benefit of creditors, may:

(1) transfer the license holder’s place of business to some other location; or

(2) transfer the license and the license holder’s inventory to another person.

(b) A transfer under subsection (a) of this section may be made if:

(1) an application for the transfer has been made;

(2) all sales and use, amusement, admission, and withholding taxes have been paid to the Comptroller;

(3) a bulk transfer permit has been obtained if the inventory of alcoholic beverages is to be transferred:

(i) in any manner, including by sale, gift, inheritance, and assignment; and

(ii) regardless of whether consideration is paid; and

(4) the local licensing board approves the new location or license holder in the same way the local licensing board approves the issuance of a license.

(c) An applicant may apply for a transfer of location and transfer of ownership in the same application.
Md. Code, Natural Resources § 4-730 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-730
§4–730.
Status: in_force

(a) A person may not set, nor construct any kind or description of net in the Patuxent River from Queen Anne Bridge to the mouth of the river, within 1,500 feet in every direction from any other net, without the permission of the owner of the other net. In addition, a person may not set, nor construct, any net more than 425 feet in length, including the net’s leaders, hedges, or wings, below a straight line from Holland’s Cliffs across the river to a point on the shore directly opposite Holland’s Cliffs, or more than 150 feet in length including the net’s leaders, hedges, or wings, above the straight line from Holland’s Cliffs. The provisions of this subsection do not apply to floating gill nets or seines.

(b) A person may not set or haul any seine or gill net in any creek, cove or tributary of the Patuxent River if the mouth of the creek or tributary is less than 200 feet wide.

(c) A person may not set or haul any drifting gill net in the Patuxent River south of the Patuxent River Bridge or in any creek, cove, or tributary of the river south of the Patuxent River Bridge at any time.
Md. Code, Alcoholic Beverages and Cannabis § 4-601 — MD Code / Article gab / Title 4 / Subtitle 6 / Section 4-601
§4–601.
Status: in_force

Subject to Division II of this article, this subtitle applies statewide.
Md. Code, Correctional Services § 4-212 — MD Code / Article gcs / Title 4 / Subtitle 2 / Section 4-212
§4–212.
Status: in_force

Subject to any approval required by law, the Director may apply for and receive from any unit of government or private person a grant or loan of funds or goods to be used in the maintenance or programs of the Institution.
Md. Code, Financial Institutions § 4-703 — MD Code / Article gfi / Title 4 / Subtitle 7 / Section 4-703
§4–703.
Status: in_force

(a) A savings bank may convert to a capital stock commercial bank with the approval of its members and the Commissioner.

(b) The Commissioner shall adopt regulations to govern the conversion of savings banks to capital stock commercial banks.
Md. Code, Insurance § 4-114 — MD Code / Article gin / Title 4 / Subtitle 1 / Section 4-114
§4–114.
Status: in_force

(a) Without notice and before hearing, the Commissioner may issue and have served on an insurer an order requiring the insurer immediately to cease and desist from writing insurance in the State if it appears to the Commissioner that:

(1) the insurer is:

(i) conducting its business and affairs in a manner that threatens to make it insolvent or that is hazardous to its policyholders, creditors, or the general public; or

(ii) engaged in an act, practice, or transaction that constitutes grounds making the insurer subject to conservation or liquidation proceedings; and

(2) irreparable loss and injury to the property and business of the insurer or the general public has occurred or may occur unless the Commissioner acts immediately.

(b) (1) When an order is served on an insurer under subsection (a) of this section, the Commissioner shall issue and also serve on the insurer notice of a hearing to be held at a place and time not later than 5 days after the date of the order.

(2) If the insurer waives the right to a hearing within 5 days after the date of the order, the hearing shall be held within 30 days after service of the order.
Md. Code, Correctional Services § 4-308 — MD Code / Article gcs / Title 4 / Subtitle 3 / Section 4-308
§4–308.
Status: reserved

An incarcerated individual who is transferred to the Institution for evaluation or treatment shall receive full credit against a sentence for the time spent at the Institution, including allowances or disallowances for diminution of the incarcerated individual’s term of confinement under Title 3, Subtitle 7 of this article as the Director determines.
Md. Code, State Finance and Procurement § 4-321 — MD Code / Article gsf / Title 4 / Subtitle 3 / Section 4-321
§4–321.
Status: in_force

(a) Each proposal for the lease of building space by the State shall be submitted to the Secretary.

(b) Unless a regulation of the Board of Public Works provides otherwise, the Secretary shall submit each proposal, along with any recommendation of the Secretary, to the Board of Public Works for final approval.

(c) The Board of Public Works shall adopt regulations in accordance with Title 10, Subtitle 1 of the State Government Article concerning submission of proposals for the lease of building space under this section.
Md. Code, Public Utilities § 4-210 — MD Code / Article gpu / Title 4 / Subtitle 2 / Section 4-210
§4–210.
Status: in_force

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

(2) “Customer” means a retail natural gas customer.

(3) “Eligible infrastructure replacement” means a replacement or an improvement in an existing infrastructure of a gas company that:

(i) is made on or after June 1, 2013;

(ii) is designed to improve public safety or infrastructure reliability;

(iii) does not increase the revenue of a gas company by connecting an improvement directly to new customers;

(iv) reduces or has the potential to reduce greenhouse gas emissions through a reduction in natural gas system leaks; and

(v) is not included in the current rate base of the gas company as determined in the gas company’s most recent base rate proceeding.

(4) “Plan” means a plan that a gas company files under subsection (e) of this section.

(5) “Project” means an eligible infrastructure replacement project proposed by a gas company in a plan filed under this section.

(b) It is the intent of the General Assembly that the purpose of this section is to allow for the appropriate acceleration of gas infrastructure improvements in the State when:

(1) necessary to ensure safety and improve reliability; and

(2) consistent with State policy.

(c) Nothing in this section may be construed to alter a gas company’s obligation under this division to make improvements to a gas system that are necessary to ensure the safety of the gas system.

(d) This section does not apply to a gas cooperative.

(e) (1) A gas company may file with the Commission:

(i) a plan to invest in eligible infrastructure replacement projects; and

(ii) in accordance with paragraph (5) of this subsection, a cost–recovery schedule associated with the plan that includes a fixed annual surcharge on customer bills to recover reasonable and prudent costs of proposed eligible infrastructure replacement projects.

(2) A plan under this subsection shall include:

(i) a description of each eligible infrastructure replacement project, including the project’s expected useful life;

(ii) a time line for the completion of each eligible project;

(iii) the estimated cost of each project;

(iv) a description of customer benefits under the plan;

(v) a demonstration that the gas company has selected and given priority to projects based on risk to the public and cost–effectiveness;

(vi) an analysis that compares the costs of proposed replacement projects with alternatives to replacement, including leak detection and repair;

(vii) a plan for notifying customers affected by proposed projects at least 6 months in advance of construction; and

(viii) any other information the Commission considers necessary to evaluate the plan.

(3) A customer notification plan required under paragraph (2) of this subsection shall provide for:

(i) an initial notification of construction in a manner determined by the Commission;

(ii) at least two subsequent notifications of construction in a manner determined by the Commission; and

(iii) the communicating of:

1. a complete and accurate description of project activities; and

2. any other information the Commission considers necessary to evaluate the plan.

(4) (i) When calculating the estimated cost of a project under paragraph (2) of this subsection, a gas company shall include:

1. the pretax rate of return on the gas company’s investment in the project;

2. depreciation associated with the project, based on new assets less retired plant; and

3. property taxes associated with the project, based on new assets less retired plant.

(ii) The estimated project costs described in subparagraph (i) of this paragraph are collectible at the same time the eligible infrastructure replacement is made.

(iii) The pretax rate of return under subparagraph (i)1 of this paragraph shall:

1. be calculated using the gas company’s capital structure and weighted average cost of capital as the Commission approved in the gas company’s most recent base rate proceeding; and

2. include an adjustment for bad debt expenses as the Commission approved in the gas company’s most recent base rate proceeding.

(5) For a plan filed under this section:

(i) the cost–recovery schedule shall include a fixed annual surcharge that:

1. may not exceed $2 each month on each residential customer account; and

2. for each nonresidential customer account, may not be less than the fixed annual surcharge applicable to a residential customer account, but shall be capped under item (ii) of this paragraph; and

(ii) to create a surcharge cap for all customer classes, costs shall be allocated to nonresidential and residential customers consistent with the proportions of total distribution revenues that those classes bear in accordance with the most recent base rate proceeding for the gas company.

(6) For a gas company to recover costs associated with eligible infrastructure replacement projects, a plan shall demonstrate:

(i) customer benefits; and

(ii) that the gas company has:

1. analyzed available cost–effective options to defer, reduce, or remove the need to replace, construct, or upgrade components of the gas company’s distribution infrastructure, including leak detection and repair; and

2. met any other requirements established by the Commission when setting rates under this title.

(7) A plan under this subsection shall be filed separately from a base rate proceeding.

(8) In a base rate proceeding after approval of a plan, the Commission shall, in establishing a gas company’s revenue requirements, take into account any benefits the gas company realized as a result of a surcharge approved under the plan.

(9) Any adjustment for return on equity based on an approved plan only shall be considered and determined in a subsequently filed base rate case.

(f) (1) Within 180 days after a gas company files a plan, the Commission:

(i) may hold a public hearing on the plan; and

(ii) shall take a final action to approve or deny the plan.

(2) Within 150 days after a gas company files an amendment to an approved plan, the Commission shall take final action to approve or deny the amendment.

(3) The Commission may approve a plan if it finds that the investments and estimated costs of eligible infrastructure replacement projects are:

(i) reasonable and prudent;

(ii) designed to improve public safety or infrastructure reliability over the short term and long term; and

(iii) required to improve the safety of the gas system after consideration of alternatives to replacement.

(4) (i) The Commission shall approve the cost–recovery schedule associated with the plan at the same time that it approves the plan.

(ii) Costs recovered under the schedule approved in subparagraph (i) of this paragraph may relate only to the projects within the plan approved by the Commission.

(5) The Commission may not consider a revenue requirement or rate–making issue that is not related to the plan when reviewing a plan for approval or denial unless the plan is filed in conjunction with a base rate case.

(g) (1) Subject to paragraph (2) of this subsection, if the Commission does not take final action on a plan within the time period required under subsection (f) of this section, the gas company may implement the plan.

(2) If a gas company implements a plan that the Commission has not approved, the gas company shall refund to customers any amount of the surcharge that the Commission later determines is not reasonable or prudent, including interest.

(h) The Commission may authorize a gas company to use a mechanism to promptly recover reasonable and prudent costs of investments for eligible infrastructure replacement projects that:

(1) are part of a plan approved under this section or implemented under subsection (g) of this section; and

(2) accelerate gas infrastructure improvements in the State.

(i) (1) (i) A surcharge under this section shall be in effect for 5 years from the date of initial implementation of an approved plan.

(ii) 1. Before the end of the 5–year period, the gas company shall file a base rate case application.

2. In a base rate proceeding filed under subsubparagraph 1 of this subparagraph, if a plan approved by the Commission remains in effect:

A. eligible infrastructure project costs included in base rates in accordance with a final Commission order on the base rate case shall be removed from a surcharge; and

B. the surcharge mechanism shall continue for eligible future infrastructure project costs that are not included in the base rate case.

(2) (i) If the actual cost of a plan is less than the amount collected under a surcharge, the gas company shall refund to customers the difference on customer bills, including interest.

(ii) If the actual cost of a plan is more than the amount collected under the surcharge and the Commission determines that the higher costs were reasonably and prudently incurred, the Commission shall authorize the gas company to increase the surcharge to recover the difference, subject to the rate limit under subsection (e)(5) of this section.

(j) Each year a gas company shall file with the Commission a reconciliation to adjust the amount of a surcharge to account for any difference between the actual cost of a plan and the actual amount recovered under the surcharge.

(k) If, after approving a surcharge in a plan, the Commission establishes new base rates for the gas company that include costs on which the surcharge is based, the gas company shall file a revised rate schedule with the Commission that subtracts those costs from the surcharge.

(l) (1) The Commission may review a previously approved plan.

(2) If the Commission determines that an investment of a project or cost of a project no longer meets the requirements of subsection (f)(3) of this section, the Commission may:

(i) reduce future base rates or surcharges; or

(ii) alter or rescind approval of that part of the plan.
Md. Code, Insurance § 4-103 — MD Code / Article gin / Title 4 / Subtitle 1 / Section 4-103
§4–103.
Status: in_force

(a) Capital and surplus requirements for an insurer shall be based on all the kinds of insurance business that the insurer transacts or will transact, regardless of where the insurance business is transacted.

(b) To qualify for an initial certificate of authority to engage in one kind or a combination of kinds of insurance business, an insurer must have and maintain the capital stock and surplus requirements of:

(1) §§ 4–104 and 4–105 of this subtitle, for a stock insurer;

(2) Title 3, Subtitle 1 of this article, for a mutual insurer;

(3) Title 3, Subtitle 2 of this article, for a reciprocal insurer;

(4) Title 8, Subtitle 4 of this article, for a fraternal benefit society; and

(5) Title 14, Subtitle 1 of this article, for a nonprofit health service plan.

(c) (1) In addition to any other capital and surplus requirements of this article, each insurer’s assets and surplus as regards policyholders shall be reasonable in relation to the insurer’s outstanding liabilities and adequate to its financial needs.

(2) In determining whether an insurer’s assets and surplus as regards policyholders are reasonable in relation to the insurer’s outstanding liabilities and adequate to its financial needs, the following factors, among others, shall be considered:

(i) the size of the insurer as measured by its assets, capital and surplus, reserves, premium writings, insurance in force, and other appropriate criteria;

(ii) the extent to which the insurer’s business is diversified among the several lines of insurance;

(iii) the number and size of risks insured in each line of insurance;

(iv) the geographical dispersion of the insurer’s insured risks;

(v) the nature and extent of reinsurance of the insurer’s risks;

(vi) the quality, diversification, and liquidity of the insurer’s investment portfolio;

(vii) the recent past and projected future trends in the size of the insurer’s surplus as regards policyholders;

(viii) the surplus as regards policyholders maintained by comparable insurers; and

(ix) the financial position of the insurer, after excluding from assets investments in and other transactions with persons that directly or indirectly, through one or more intermediaries, control, are controlled by, or are under common control with another person.

(d) The provisions of this subtitle shall be supplemented by the requirements of Subtitle 3 of this title.
Md. Code, Insurance § 4-111 — MD Code / Article gin / Title 4 / Subtitle 1 / Section 4-111
§4–111.
Status: in_force

(a) Except as otherwise provided in this section, a certificate of authority authorizes an insurer to engage in one kind or a combination of kinds of insurance business.

(b) (1) Subject to paragraph (2) of this subsection, an insurer authorized to engage in the business of life insurance may also write annuity contracts but the insurer is not authorized to engage in any other kind of insurance business except health insurance.

(2) The Commissioner shall continue to authorize an insurer authorized to engage in the business of life insurance to engage in other kinds of insurance business, in addition to annuities and health insurance, if the insurer:

(i) was authorized to engage in one kind or a combination of kinds of insurance business in addition to life insurance, health insurance, and annuities immediately before December 31, 1963; and

(ii) is otherwise qualified to engage in that kind or combination of kinds of insurance business.

(c) A reciprocal insurer may not engage in the business of life insurance or health insurance except as supplementary coverage in policies of liability insurance.
Md. Code, Natural Resources § 4-221 — MD Code / Article gnr / Title 4 / Subtitle 2 / Section 4-221
§4–221.
Status: in_force

(a) The authority provided by this section is in addition to any other authority of the Secretary provided by law.

(b) (1) Subject to paragraph (2) of this subsection, the Secretary, after consultation with the Tidal Fisheries Advisory Commission and the Sport Fisheries Advisory Commission, may adopt regulations to define and govern the use of:

(i) Recreational fishing gear; and

(ii) The following types of commercial fishing gear:

1. Fish pots;

2. Bank traps;

3. Fyke nets;

4. Hoop nets;

5. Finfish trotlines; and

6. Bowfishing gear.

(2) The Department shall consider relevant biological, ecological, and socioeconomic factors before adopting regulations under this subsection.
Md. Code, Housing and Community Development § 4-2907 — MD Code / Article ghs / Title 4 / Subtitle 29 / Section 4-2907
§4–2907.
Status: in_force

When an offer of assistance is made, a family has 30 days to provide documentation to verify their income with the Department or the public housing agency.
Md. Code, Housing and Community Development § 4-410 — MD Code / Article ghs / Title 4 / Subtitle 4 / Section 4-410
§4–410.
Status: in_force

(a) If a Program loan is secured by a mortgage, the Department may:

(1) enforce the mortgage;

(2) foreclose on the mortgage and take title to the mortgaged property or take deed in lieu of foreclosure;

(3) convey title to a purchaser;

(4) obtain and enforce a deficiency judgment;

(5) allow assumption of the mortgage; and

(6) contract with a private mortgage servicer to perform on behalf of the Department any functions a servicer ordinarily performs.

(b) Without approval or execution by the Board of Public Works, the Department may:

(1) assign a mortgage for value; or

(2) convey property after acquisition.
Md. Code, Environment § 4-202 — MD Code / Article gen / Title 4 / Subtitle 2 / Section 4-202
§4–202.
Status: in_force

By July 1, 1984, each county and municipality shall adopt ordinances necessary to implement a stormwater management program. These stormwater management programs shall be consistent with flood management plans, if any, developed under Title 5, Subtitle 8 of this article for a particular watershed, shall meet the requirements established by the Department under § 4-203 of this subtitle, and shall be consistent with the purposes of this subtitle.
Md. Code, State Finance and Procurement § 4-604 — MD Code / Article gsf / Title 4 / Subtitle 6 / Section 4-604
§4–604.
Status: in_force

For all improvements, grounds, and multiservice centers under the jurisdiction of the Department, the responsibilities of the Department include:

(1) keeping a complete inventory of movable property assigned to the Department;

(2) supervising utility and sanitation services and fire and safety systems;

(3) supervising repairs and other work;

(4) landscaping;

(5) purchasing carpets, equipment, furniture, and supplies;

(6) protecting persons and property, including dispersing any assemblage that is unlawful, is dangerous, or obstructs free passage;

(7) preserving and protecting the public peace, health, and safety; and

(8) controlling pedestrian and vehicular traffic, including establishing speed limits and parking and impoundment regulations for parking garages, surface parking lots, roads, and sidewalks that are owned or leased by the State and that are within the improvements, grounds, and multiservice centers.
Md. Code, Alcoholic Beverages and Cannabis § 4-1107 — MD Code / Article gab / Title 4 / Subtitle 11 / Section 4-1107
§4–1107.
Status: in_force

(a) This section applies only in a jurisdiction where the local licensing board has adopted regulations to authorize the delivery of alcoholic beverages by a third–party contractor, an independent contractor, or an agent.

(b) A local licensing board may issue a local delivery service permit.

(c) The permit authorizes the holder to deliver alcoholic beverages from a retail license holder authorized to deliver alcoholic beverages under § 4–507 of this title to an individual in the jurisdiction where the retail license holder is located.

(d) A local licensing board may set by regulation:

(1) the application requirements for the local delivery service permit; and

(2) additional requirements for holders of the local delivery service permit who deliver alcoholic beverages on behalf of a retail license holder.

(e) (1) The local licensing board may charge a fee for the local delivery service permit.

(2) The annual fee for the local delivery service permit is $1,000.

(f) A local delivery service permit holder may:

(1) use the delivery service’s employees or independent contractors who are at least 21 years old to deliver alcoholic beverages; and

(2) facilitate orders for the sale and delivery of alcoholic beverages by telephone, Internet, or other electronic means.

(g) The purchaser or receiver of alcoholic beverages under this section shall:

(1) be at least 21 years old; and

(2) provide valid identification as proof of age on receipt of the alcoholic beverages.

(h) Alcoholic beverages sold for off–premises delivery under this section shall be:

(1) provided in the manufacturer’s original sealed container; and

(2) sold only during the hours the retail license holder is open for in–store purchases.

(i) An individual delivering alcoholic beverages under a local delivery service permit shall:

(1) be at least 21 years old; and

(2) have successfully completed an approved alcohol awareness program under § 4–505 of this title.

(j) A local delivery service permit holder may not deliver alcoholic beverages to:

(1) an individual who does not provide valid identification proving that the individual is at least 21 years old;

(2) another premises licensed to sell alcoholic beverages; or

(3) an individual located outside the jurisdiction where the retail license holder is located.

(k) A local delivery service permit holder is subject to the following penalties for violating this section:

(1) for a first violation, a fine of $1,000;

(2) for a second violation, a fine of $3,000 and a suspension of the local delivery service permit for 30 days;

(3) for a third violation, a fine of $6,000 and a suspension of the local delivery service permit for 60 days; and

(4) for any subsequent violation, revocation of the local delivery service permit.

(l) The holder of a local delivery service permit may not:

(1) sell alcoholic beverages; or

(2) store alcoholic beverages for delivery.

(m) (1) A person shall apply to the local licensing board for a local delivery service permit before contracting to deliver alcoholic beverages for a retail license holder.

(2) If a retail license holder contracts with a local delivery service permit holder to deliver alcoholic beverages, the retail license holder and the local delivery service permit holder shall establish a method to ensure that the retail license holder retains control over sales to and payments made from a purchaser for the alcoholic beverages.

(n) The Executive Director may adopt regulations to enforce this section.
Md. Code, Local Government § 4-404 — MD Code / Article glg / Title 4 / Subtitle 4 / Section 4-404
§4–404.
Status: in_force

(a) Subject to § 4–413 of this subtitle, an annexation petition shall be signed by:

(1) at least 25% of the registered voters who are residents in the area to be annexed; and

(2) the owners of at least 25% of the assessed valuation of the real property in the area to be annexed.

(b) After an annexation petition is presented to the legislative body of the municipality, the presiding officer of the legislative body shall verify:

(1) the signatures on the petition; and

(2) that the petition meets the requirements of subsection (a) of this section.

(c) (1) After verifying compliance with the requirements of this section, the presiding officer of the legislative body promptly shall cause a resolution proposing the change of boundaries as requested by the petition to be introduced in the legislative body.

(2) The annexation resolution shall conform to the form and content requirements of this subtitle.
Md. Code, Criminal Law § 4-401 — MD Code / Article gcr / Title 4 / Subtitle 4 / Section 4-401
§4–401.
Status: in_force

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

(b) (1) “Crime of violence” means:

(i) murder in any degree;

(ii) manslaughter;

(iii) kidnapping;

(iv) rape in any degree;

(v) assault in the first degree;

(vi) robbery under § 3–402 or § 3–403 of this article;

(vii) burglary in any degree;

(viii) home invasion under § 6–202(b) of this article;

(ix) escape in the first degree; or

(x) theft.

(2) “Crime of violence” includes an attempt to commit a crime listed in paragraph (1) of this subsection.

(c) “Machine gun” means a loaded or unloaded weapon that is capable of automatically discharging more than one shot or bullet from a magazine by a single function of the firing device.
Md. Code, Housing and Community Development § 4-702 — MD Code / Article ghs / Title 4 / Subtitle 7 / Section 4-702
§4–702.
Status: in_force

The General Assembly finds that:

(1) lead paint is present in a large percentage of residential properties in the State, particularly residential rental properties constructed before 1950;

(2) lead paint on the friction surfaces of windows is a leading cause of lead poisoning;

(3) lead poisoning harms the health and well-being of children and pregnant women and causes substantial long-term public costs for medical expenses and additional education; and

(4) reduction or elimination of lead in the environment will reduce:

(i) the risk of lead poisoning of children and pregnant women;

(ii) the incidence of learning disabilities and behavioral problems in children who live in older housing; and

(iii) the cost of publicly financed medical care.
Md. Code, Agriculture § 4-119 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-119
§4–119.
Status: in_force

(a) A person shall register his name, the address of each place of business, and all trade names under which he conducts business, when required by the Secretary, if he engages in any of the following businesses relating to livestock:

(1) Custom slaughterer, custom processor, meat broker, renderer, or animal food manufacturer;

(2) Wholesaler of any livestock carcass, or part or product of it;

(3) Public warehouseman storing any livestock carcass, or part or product of it;

(4) Buyer, seller, or transporter of any dead, dying, disabled, or diseased livestock or any part of any carcass of livestock that died otherwise than by slaughter.

(b) A person who is required to register under this section shall pay an annual registration fee of $25.
Md. Code, Criminal Law § 4-203 — MD Code / Article gcr / Title 4 / Subtitle 2 / Section 4-203
§4–203.
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, a person may not:

(i) wear, carry, or transport a handgun, whether concealed or open, on or about the person;

(ii) wear, carry, or knowingly transport a handgun, whether concealed or open, in a vehicle traveling on a road or parking lot generally used by the public, highway, waterway, or airway of the State;

(iii) violate item (i) or (ii) of this paragraph while on public school property in the State;

(iv) violate item (i) or (ii) of this paragraph with the deliberate purpose of injuring or killing another person; or

(v) violate item (i) or (ii) of this paragraph with a handgun loaded with ammunition.

(2) There is a rebuttable presumption that a person who transports a handgun under paragraph (1)(ii) of this subsection transports the handgun knowingly.

(b) This section does not prohibit:

(1) the wearing, carrying, or transporting of a handgun by a person who is authorized at the time and under the circumstances to wear, carry, or transport the handgun as part of the person’s official equipment, and is:

(i) a law enforcement official of the United States, the State, or a county or city of the State;

(ii) a member of the armed forces of the United States or of the National Guard on duty or traveling to or from duty;

(iii) a law enforcement official of another state or subdivision of another state temporarily in this State on official business;

(iv) a correctional officer or warden of a correctional facility in the State;

(v) a sheriff or full–time assistant or deputy sheriff of the State; or

(vi) a temporary or part–time sheriff’s deputy;

(2) the wearing, carrying, or transporting of a handgun by a person to whom a permit to wear, carry, or transport the handgun has been issued under Title 5, Subtitle 3 of the Public Safety Article;

(3) the carrying of a handgun on the person or in a vehicle while the person is transporting the handgun to or from the place of legal purchase or sale, or to or from a bona fide repair shop, or between bona fide residences of the person, or between the bona fide residence and place of business of the person, if the business is operated and owned substantially by the person if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(4) the wearing, carrying, or transporting by a person of a handgun used in connection with an organized military activity, a target shoot, formal or informal target practice, sport shooting event, hunting, a Department of Natural Resources–sponsored firearms and hunter safety class, trapping, or a dog obedience training class or show, while the person is engaged in, on the way to, or returning from that activity if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(5) the moving by a bona fide gun collector of part or all of the collector’s gun collection from place to place for public or private exhibition if each handgun is unloaded and carried in an enclosed case or an enclosed holster;

(6) the wearing, carrying, or transporting of a handgun by a person on real estate that the person owns or leases or where the person resides or within the confines of a business establishment that the person owns or leases;

(7) the wearing, carrying, or transporting of a handgun by a supervisory employee:

(i) in the course of employment;

(ii) within the confines of the business establishment in which the supervisory employee is employed; and

(iii) when so authorized by the owner or manager of the business establishment;

(8) the carrying or transporting of a signal pistol or other visual distress signal approved by the United States Coast Guard in a vessel on the waterways of the State or, if the signal pistol or other visual distress signal is unloaded and carried in an enclosed case, in a vehicle; or

(9) the wearing, carrying, or transporting of a handgun by a person who is carrying a court order requiring the surrender of the handgun, if:

(i) the handgun is unloaded;

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

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

(c) (1) A person who violates this section is guilty of a misdemeanor and on conviction is subject to the penalties provided in this subsection.

(2) If the person has not previously been convicted under this section, § 4–204 of this subtitle, or § 4–101 or § 4–102 of this title:

(i) except as provided in item (ii) of this paragraph, the person is subject to imprisonment for not less than 30 days and not exceeding 5 years or a fine of not less than $250 and not exceeding $2,500 or both; or

(ii) if the person violates subsection (a)(1)(iii) of this section, the person shall be sentenced to imprisonment for not less than 90 days.

(3) (i) If the person has previously been convicted once under this section, § 4–204 of this subtitle, or § 4–101 or § 4–102 of this title:

1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 1 year and not exceeding 10 years; or

2. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years.

(ii) 1. Except as provided in subsubparagraph 2 of this subparagraph, the court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

2. If the person violates subsection (a)(1)(v) of this section, the court may not suspend any part of or impose less than the applicable mandatory minimum sentence provided under subparagraph (i) of this paragraph.

(iii) Except as provided in § 4–305 of the Correctional Services Article, if the person violates subsection (a)(1)(v) of this section, the person is not eligible for parole during the mandatory minimum sentence.

(iv) A mandatory minimum sentence under subparagraph (ii)2 of this paragraph may not be imposed unless the State’s Attorney notifies the defendant in writing at least 30 days before trial of the State’s intention to seek the mandatory minimum sentence.

(4) (i) If the person has previously been convicted more than once under this section, § 4–204 of this subtitle, or § 4–101 or § 4–102 of this title, or of any combination of these crimes:

1. except as provided in item 2 of this subparagraph, the person is subject to imprisonment for not less than 3 years and not exceeding 10 years; or

2. A. if the person violates subsection (a)(1)(iii) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years; or

B. if the person violates subsection (a)(1)(iv) of this section, the person is subject to imprisonment for not less than 5 years and not exceeding 10 years.

(ii) 1. Except as provided in subsubparagraph 2 of this subparagraph, the court may not impose less than the applicable minimum sentence provided under subparagraph (i) of this paragraph.

2. If the person violates subsection (a)(1)(v) of this section, the court may not suspend any part of or impose less than the applicable mandatory minimum sentence provided under subparagraph (i) of this paragraph.

(iii) Except as provided in § 4–305 of the Correctional Services Article, if the person violates subsection (a)(1)(v) of this section, the person is not eligible for parole during the mandatory minimum sentence.

(iv) A mandatory minimum sentence under subparagraph (ii)2 of this paragraph may not be imposed unless the State’s Attorney notifies the defendant in writing at least 30 days before trial of the State’s intention to seek the mandatory minimum sentence.
Md. Code, Correctional Services § 4-203 — MD Code / Article gcs / Title 4 / Subtitle 2 / Section 4-203
§4–203.
Status: in_force

(a) The Director is the chief administrative officer of the Institution.

(b) (1) The Secretary shall appoint the Director.

(2) The Director shall be a trained and competent administrator.

(3) The Director serves at the pleasure of the Secretary.

(4) The Director is entitled to the compensation provided in the State budget.

(c) Subject to the authority of the Secretary, the Director shall manage and supervise the Institution and implement its programs and services.

(d) (1) On or before October 31 of each year, the Director shall submit an annual report to the Secretary and the Governor.

(2) The annual report shall state:

(i) the Institution’s expenses, receipts, disbursements, condition, and progress;

(ii) the number of incarcerated individuals and each incarcerated individual’s age, sex, race, place of birth, place of conviction, crime, and term of confinement;

(iii) the number of incarcerated individuals who are admitted to each of the Patuxent programs;

(iv) the number of Division of Correction incarcerated individuals receiving care during the year at Patuxent Institution for mental health conditions;

(v) the number of Patuxent program incarcerated individuals who are pardoned, or discharged;

(vi) the number of incarcerated individuals evaluated at the Institution for each of the Patuxent programs;

(vii) the decisions of the Board of Review to grant leave to Patuxent program incarcerated individuals;

(viii) the number of rearrests, reconvictions, reincarcerations, and parole violations of individuals released from incarceration through a Patuxent program;

(ix) the number of eligible persons who are removed from each Patuxent program and returned to the Division of Correction;

(x) a summary of the reasons underlying each individual’s transfer to the Division of Correction as described in item (ix) of this paragraph;

(xi) information on educational programs and community reentry activities; and

(xii) any remarks and suggestions the Director considers necessary to advance the interests of the Institution.

(3) The Director shall verify the report required by this subsection.

(4) Subject to § 2–1257 of the State Government Article, the Governor shall submit to the General Assembly the report required under this subsection and any recommendation that the Governor considers expedient.

(5) The Secretary shall adopt regulations regarding the annual report required under this subsection.
Md. Code, Business Occupations and Professions § 4-301.2 — MD Code / Article gbo / Title 4 / Subtitle 3 / Section 4-301.2
§4–301.
Status: in_force

§4–301.2.

(a) Subject to the provisions of this section, a student who has completed at least 850 hours of training while enrolled in public school courses in barbering may practice barbering or provide barber–stylist services without a license.

(b) A student may practice barbering or provide barber–stylist services under this section only if the student:

(1) is enrolled in an approved barbering program and has a record of satisfactory school performance and school attendance, as determined by the local education agency;

(2) has a letter of authorization signed by the student’s teacher or work–study coordinator, to practice barbering or to provide barber–stylist services in a specific licensed barbershop;

(3) practices barbering or provides barber–stylist services only in that specific licensed barbershop; and

(4) while practicing barbering or providing barber–stylist services, works under the direct supervision of an individual who is a licensed master barber who agrees to periodically report on the progress of the student to the barbering teacher or the work–study coordinator.

(c) Under this section, there may not be more than three students working under the supervision of a licensed master barber.

(d) A barbershop may pay a student for work authorized under this section.

(e) A student authorized under this section to practice barbering or to provide barber–stylist services without a license shall conspicuously display a letter of authorization, as required by this section, at the student’s work station in the specified licensed barbershop.
Md. Code, Natural Resources § 4-1101 — MD Code / Article gnr / Title 4 / Subtitle 11 / Section 4-1101
§4–1101.
Status: in_force

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

(b) “Chesapeake Bay” means the waters, commonly known as the Chesapeake Bay, as defined by the charts of the Oyster Survey of 1906 to 1912, and its amendments.

(c) “County waters” means the waters lying within the territorial limits of any county in the State as defined by the charts of the Oyster Survey of 1906 to 1912, and its amendments.

(d) “Dredge” includes any dredge, scoop, handscrape, or similar device used in catching oysters and clams by dragging.

(e) “Hydraulic clam dredge” means any device used for dredging clams which consists of a manifold through which water is forced under pressure for the purpose of digging clams and working them into the mouth of the dredge where the clams then are brought up to boat level by means of an escalator. “Hydraulic clam dredge” includes the vessel on which the dredge is carried.

(f) “Leased oyster bottom” means any land lying beneath the waters of the State leased by the State to any person for the purpose of protecting, sowing, bedding, or cultivating oysters and other shellfish.

(g) “Marketable oyster” means an oyster measuring 3 inches or more from hinge to mouth.

(h) “Natural clam bar” means any area of submerged tidal bottom not classified as a natural oyster bar which has a population of clams of any species judged by the Secretary to have significant commercial value.

(i) “Natural oyster bar” means any submerged oyster bar, reef, rock, or area represented as an oyster bar on the charts of the Oyster Survey of 1906 to 1912 and its amendments.

(j) “Patent tongs” means any pincers, nippers, tongs, or similar device used to catch oysters or clams and raised with rope, cable, or other hoisting gear.

(k) “Shinnecock rake” means a tool used to catch hard–shell clams or oysters that:

(1) Is towed from a vessel under power; and

(2) Consists of a tooth bar with projecting long, outwardly and upwardly curving teeth which are progressively smaller toward the ends, form a basket, and are set transversely at the end of a long, usually wooden handle.

(l) “Tong” means any pincers, nippers, tongs, or similar device operated entirely by hand and consisting of two shafts or handles and a metal body composed of two opposable and complementary baskets used in catching oysters and clams.
Md. Code, Public Safety § 4-1012 — MD Code / Article gps / Title 4 / Subtitle 10 / Section 4-1012
§4–1012.
Status: in_force

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

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

(3) “Fund” means the Officer and Community Wellness Training Grant Fund.

(4) “Local law enforcement agency” means a governmental police force, sheriff’s office, or security force or law enforcement organization of the State or a county or a municipal corporation of the State that by statute, ordinance, or common law is authorized to enforce the general criminal laws of the State.

(b) There is an Officer and Community Wellness Training Grant Fund.

(c) The purpose of the Fund is to provide grants to local law enforcement agencies for:

(1) Mental Health First Aid for Public Safety training; and

(2) Critical Incident Stress Management peer support training.

(d) The Governor’s Office of Crime Prevention and Policy shall administer the Fund.

(e) For fiscal year 2025 and each fiscal year thereafter, the Governor may include in the annual budget bill an appropriation for the Fund.

(f) The Fund consists of:

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

(2) money from any other source accepted for the benefit of the Fund.

(g) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(2) The State Treasurer shall hold the Fund separately and the Comptroller, in conjunction with the Executive Director, shall account for the Fund.

(h) Money disbursed from the Fund shall be used solely to supplement, and not supplant, funds otherwise available to local law enforcement agencies.

(i) Within 90 days after the end of a grant cycle, an eligible local law enforcement agency that received a grant under this section shall submit, for the fiscal year, to the Executive Director the following:

(1) proof of the expenditure of the grant funds and the purposes for which the funds were expended;

(2) the total number of grants awarded and amount per police officer;

(3) the total number of grants awarded separated by training program; and

(4) any related outcome–based performance measures as required by § 4–1009 of this subtitle.

(j) On or before December 31, 2023, and on or before each December 31 thereafter, the Executive Director shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the information required by this section.
Md. Code, Alcoholic Beverages and Cannabis § 4-201 — MD Code / Article gab / Title 4 / Subtitle 2 / Section 4-201
§4–201.
Status: in_force

Subject to Division II of this article, this subtitle applies statewide.
Md. Code, Corporations and Associations § 4-301 — MD Code / Article gca / Title 4 / Subtitle 3 / Section 4-301
§4–301.
Status: in_force

A close corporation shall have at least one director until an election by the corporation in its charter to have no board of directors becomes effective.
Md. Code, Housing and Community Development § 4-2901 — MD Code / Article ghs / Title 4 / Subtitle 29 / Section 4-2901
§4–2901.
Status: in_force

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

(b) “Disability” means a physical or mental impairment that substantially limits a major life activity.

(c) “Elderly” means an individual that is at least 62 years old.

(d) (1) “Family” means an individual or group of individuals eligible for assistance under the State Program.

(2) “Family” includes a preference category established under § 4–2906 of this subtitle.

(e) “Housing assistance payment” means the monthly assistance payment paid for a family under the State Program.

(f) “Housing Choice Voucher Program” means the program established under 24 C.F.R. Part 982.

(g) “Live–in aide” means an individual that:

(1) meets the requirements under 24 C.F.R. § 5.403; and

(2) resides with an elderly or disabled individual who receives assistance under the State Program.

(h) “Payment standard” means the maximum monthly housing assistance payment for a family assisted under the State Program.

(i) (1) “Public housing agency” means an entity authorized by the U.S. Department of Housing and Urban Development to administer the federal Housing Choice Voucher Program in the State.

(2) “Public housing agency” does not include the Department.

(j) “State Program” means the Statewide Rental Assistance Voucher Program established under this subtitle.

(k) “Voucher” means a document issued by the Department or a public housing agency to a family that is selected to receive assistance under the State Program, which describes the State Program and procedures under the State Program.

(i) “Public housing agency” means an entity authorized by the U.S. Department of Housing and Urban Development to administer the federal Housing Choice Voucher Program in the State.
Md. Code, Public Safety § 4-1102 — MD Code / Article gps / Title 4 / Subtitle 11 / Section 4-1102
§4–1102.
Status: in_force

§4–1102. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2028 PER CHAPTER 364 OF 2021 //

(a) There is a Pretrial Services Program Grant Fund.

(b) The purpose of the Fund is to provide grants to eligible counties to:

(1) establish pretrial services programs;

(2) improve existing pretrial services programs to comply with § 4–1104 of this subtitle; or

(3) conduct pretrial risk scoring instrument validations in compliance with § 5–103 of the Criminal Procedure Article.

(c) The Executive Director shall administer the Fund.

(d) (1) The Fund is a special, nonlapsing fund that is not subject to § 7–302 of the State Finance and Procurement Article.

(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund in conjunction with the Executive Director.

(e) The Fund consists of:

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

(2) interest earnings of the Fund; and

(3) any other money from any other source accepted for the benefit of the Fund.

(f) The Fund may be used only to provide grants to eligible counties to establish or improve pretrial services programs.

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

(2) Any interest earnings of the Fund shall be credited to the Fund.

(h) Expenditures from the Fund may be made only in accordance with the State budget.

(i) The accounts and transactions of the Fund shall be subject to audit by the Legislative Auditor as provided in § 2–1220 of the State Government Article.
Md. Code, Housing and Community Development § 4-814 — MD Code / Article ghs / Title 4 / Subtitle 8 / Section 4-814
§4–814.
Status: in_force

To qualify for a preferred interest rate loan to refinance an existing home under § 4-804(1) of this subtitle, an applicant shall:

(1) be unable to keep payments current on the applicant’s home mortgage because of exceptional adverse personal or economic circumstances; and

(2) risk forfeiting title to the applicant’s home.
Md. Code, Alcoholic Beverages and Cannabis § 4-703 — MD Code / Article gab / Title 4 / Subtitle 7 / Section 4-703
§4–703.
Status: in_force

Section 4–702 of this subtitle does not apply if an application is pending or has been approved for:

(1) a transfer of a license to another location or another person, subject to Subtitle 3 of this title and Subtitle 17 of the various titles of Division II of this article; or

(2) a certificate of permission or a renewal license for continuation of business, subject to § 4–803 of this title and Subtitle 23 of the various titles of Division II of this article.
Md. Code, State Finance and Procurement § 4-311 — MD Code / Article gsf / Title 4 / Subtitle 3 / Section 4-311
§4–311.
Status: in_force

Except as otherwise specifically provided by law, an invoice for supplies purchased by the Secretary, by the Chief Procurement Officer, or by any unit that procures supplies under Division II of this article may not be paid until the invoice has been approved by the Secretary, the Chief Procurement Officer, or a designee of the Secretary or the Chief Procurement Officer.
Md. Code, Housing and Community Development § 4-1201 — MD Code / Article ghs / Title 4 / Subtitle 12 / Section 4-1201
§4–1201.
Status: in_force

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

(b) “Fund” means the Partnership Rental Housing Fund.

(c) “Household of lower income” means a household that qualifies under § 4-1206 of this subtitle.

(d) “Housing authority” means a housing authority authorized under Division II of this article.

(e) “Partnership project” means an undertaking that the Program finances to acquire, construct, reconstruct, renovate, or rehabilitate a building or improvement, or a part of a building or improvement.

(f) (1) “Partnership rental housing” means rental housing financed under this subtitle.

(2) “Partnership rental housing” includes apartments, condominium units, cooperatives, town houses, town homes, single room occupancy and shared living unit facilities, and single-family homes.

(g) “Program” means the Partnership Rental Housing Program.
Md. Code, Agriculture § 4-124 — MD Code / Article gag / Title 4 / Subtitle 1 / Section 4-124
§4–124.
Status: in_force

(a) The Secretary may detain for no more than 20 days any livestock carcass, part of, or meat food product; any product exempted from the definition of meat food product; or any dead, dying, disabled, or diseased livestock the Secretary finds on premises where it is held for distribution, or during or after distribution, if the article is capable of use as human food and there is reason to suspect that:

(1) It is adulterated or misbranded;

(2) The article has not been inspected pursuant to this subtitle or any other State or federal law; or

(3) The article has been or is intended to be distributed in violation of this subtitle or any other State or federal law.

(b) The article shall be detained pending condemnation proceedings or notification of any federal or other governmental authority having jurisdiction over the article. No person may remove any detained article until the Secretary releases it.

(c) The Secretary may require all official marks to be removed from the article before it is released unless he decides the article is eligible to retain the marks.
Md. Code, Public Safety § 4-507 — MD Code / Article gps / Title 4 / Subtitle 5 / Section 4-507
§4–507.
Status: in_force

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

(2) “Crime assessment” means an amount obtained for each county or Baltimore City by multiplying the percent of total Part I crimes in the State that were committed in the county or Baltimore City by 10% of the costs for the crime laboratory of the State Police as provided in the State budget for the fiscal year of the assessment.

(3) “Part I crimes” means the crimes reported by the State Police as Part I crimes in the annual uniform crime report for the second completed calendar year preceding the fiscal year of the crime assessment.

(4) “Wealth assessment” means an amount obtained for each county or Baltimore City by multiplying the percent of the total wealth base of the State that is attributable to the wealth base of the county or Baltimore City by 20% of the costs for the crime laboratory of the State Police as provided in the State budget for the fiscal year of the assessment.

(b) For each fiscal year, the amount determined under § 4–506 of this subtitle for each county or Baltimore City shall be reduced by the sum of the crime assessment and the wealth assessment for the county or Baltimore City.
Md. Code, State Government § 4-102 — MD Code / Article gsg / Title 4 / Subtitle 1 / Section 4-102
§4–102.
Status: in_force

(a) While in office, the Comptroller shall be covered by a surety bond or an insurance policy as required in this section.

(b) A surety bond of the Comptroller shall:

(1) run to the State;

(2) be in the amount of $200,000;

(3) be with surety that the Governor approves; and

(4) be conditioned on the Comptroller:

(i) accounting for the funds that are received under color of office; and

(ii) otherwise discharging faithfully each duty of office.

(c) After execution and approval of a surety bond under this section, the surety bond shall be recorded in the office of the Clerk of the Supreme Court of Maryland.

(d) The State Treasurer shall determine the type and amount of coverage to be provided by an insurance policy purchased under subsection (a) of this section and keep record of any insurance policy procured to meet the requirements of subsection (a) of this section.
Md. Code, Public Utilities § 4-201 — MD Code / Article gpu / Title 4 / Subtitle 2 / Section 4-201
§4–201.
Status: in_force

In accordance with the provisions of this article, a public service company shall charge just and reasonable rates for the regulated services that it renders.
Md. Code, Natural Resources § 4-204 — MD Code / Article gnr / Title 4 / Subtitle 2 / Section 4-204
§4–204.
Status: in_force

(a) (1) There is a Tidal Fisheries Advisory Commission in the Department.

(2) The Commission is composed of up to 16 members appointed and serving in accordance with the procedures adopted under § 1–102(c) of this article.

(3) (i) The Commission consists of:

1. Up to 14 commercial watermen;

2. One member of the Sport Fisheries Advisory Commission; and

3. One representative of the aquaculture industry in the State.

(ii) The composition of the Commission shall reflect the geographic regions of the State where the commercial fishing industry is operating.

(4) The term of a member is 4 years.

(5) The terms of members are staggered as required by the terms provided for members of the Commission on July 1, 2015.

(6) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(7) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(b) (1) There is a Sport Fisheries Advisory Commission in the Department.

(2) The Commission shall provide the Department advice on recreational fisheries matters.

(3) (i) The Commission is composed of 17 members appointed and serving in accordance with the provisions of § 1–102(c) of this article.

(ii) The Commission shall include:

1. One member of the Tidal Fisheries Advisory Commission who is not the representative of the Sport Fisheries Advisory Commission serving on the Tidal Fisheries Advisory Commission under subsection (a)(3)(i) of this section; and

2. One representative of the aquaculture industry in the State.

(iii) The experience and backgrounds of Commission members shall represent the diversified angling interests and waters of the State.

(4) (i) The term of a member is 4 years and a member may be reappointed.

(ii) The terms of members are staggered as required by the terms provided for members of the Commission on July 1, 2015.

(iii) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(iv) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.

(c) (1) There is an Oyster Advisory Commission in the Department.

(2) (i) On or before April 1, 2020, and subject to subparagraph (ii) of this paragraph, the Department shall, in coordination with the University of Maryland Center for Environmental Science, convene the members of the Commission.

(ii) The Commission shall include only:

1. A representative from each county oyster committee established under § 4–1106(b) of this title designated by the committee;

2. A representative from the Maryland Watermen’s Association, designated by the Association;

3. A representative from the Maryland Oystermen’s Association, designated by the Association;

4. A representative from the Blacks of the Chesapeake Foundation, designated by the Foundation;

5. A representative from the aquaculture industry, designated by the Aquaculture Coordinating Council;

6. A representative from the commercial seafood buyer industry, designated by the Secretary;

7. A representative from the Coastal Conservation Association of Maryland, designated by the Association;

8. A representative from the Chesapeake Bay Foundation, designated by the Foundation;

9. A representative from the Nature Conservancy, designated by the Conservancy;

10. A representative from the ShoreRivers Riverkeeper Association, designated by the Association;

11. A representative from the Arundel Rivers Federation, designated by the Federation;

12. A representative from the Oyster Recovery Partnership, designated by the Partnership;

13. A representative from the Chesapeake Bay Commission, designated by the Chesapeake Bay Commission;

14. A representative from Blue Oyster Environmental, designated by Blue Oyster Environmental;

15. A representative from the Chesapeake BaySavers, designated by the Chesapeake BaySavers;

16. A representative from the National Aquarium, designated by the National Aquarium;

17. A representative from the University of Maryland Center for Environmental Science, designated by the Center; and

18. A representative from the Patuxent Environmental and Aquatic Research Laboratory, Morgan State University, designated by the Research Laboratory.

(3) The following persons shall provide information to the Commission at the request of the Commission but may not participate as voting members:

(i) State and federal agencies tasked with oyster management and restoration responsibilities, including the Department, the National Oceanic and Atmospheric Administration, and the U.S. Army Corps of Engineers;

(ii) Two members of the Senate, one from each political party, appointed by the President of the Senate; and

(iii) Two members of the House of Delegates, one from each political party, appointed by the Speaker of the House.

(4) The Commission shall:

(i) Provide the Department with advice on matters related to oysters in the Chesapeake Bay;

(ii) Review the best possible science and recommend changes to the framework and strategies for rebuilding and managing the oyster population in the Chesapeake Bay under the Chesapeake Bay Oyster Management Plan;

(iii) Review the latest findings relevant to the Environmental Impact Statement evaluating oyster restoration alternatives for the Chesapeake Bay;

(iv) Review any other scientific, economic, or cultural information relevant to oysters in the Chesapeake Bay;

(v) Develop a package of consensus recommendations, in coordination with the Department, for enhancing and implementing the fishery management plan for oysters under § 4–215 of this subtitle; and

(vi) By December 31, 2007, and to the extent reasonably appropriate, report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:

1. Strategies to minimize the impact of oyster disease, including the State repletion program and bar cleaning;

2. The framework and effectiveness of the oyster sanctuary, harvest reserve, and repletion programs, and the overall management of natural oyster bars, after performing a cost–benefit analysis that considers biological, ecological, economic, and cultural issues;

3. Strategies to maximize the ecological benefits of natural oyster bars; and

4. Strategies to improve enforcement of closed oyster areas.

(5) The Department may not use funds allocated to a county oyster committee for the Commission established under this subsection.
Md. Code, Public Utilities § 4-303.1 — MD Code / Article gpu / Title 4 / Subtitle 3 / Section 4-303.1
§4–303.
Status: in_force

§4–303.1.

(a) The Commission shall establish fees and charges for a licensed docking master to provide docking services in the Ports of Maryland at a just and reasonable rate.

(b) The Commission shall give notice and hold a public hearing on each rate proposal as provided in this article.

(c) In determining a just and reasonable rate, the Commission shall consider:

(1) the draft, dimensions, and tonnage of the vessel;

(2) the difficulty and inconvenience of the particular service and the time and skill required to render the service;

(3) the time required to render docking service at other United States ports and the fees and charges for the service;

(4) the public interest in maintaining efficient and reliable docking service; and

(5) other factors relevant to the determination of a just and reasonable rate.

(d) A docking master licensed under Title 5.5 of the Business Occupations and Professions Article may not demand or receive a different compensation for providing docking services than the rate set by the Commission under this section.

(e) The Commission shall impose an assessment on the association based on assessment guidelines established for public service companies under § 2-110 of this article.

(f) All fees and charges provided by applicable law shall remain in effect until changed by the Commission.
Md. Code, Corporations and Associations § 4A-1204 — MD Code / Article gca / Title 4A / Subtitle 12 / Section 4A-1204
§4A–1204.
Status: in_force

Clear reference to the fact that a limited liability company is a benefit limited liability company shall appear prominently:

(1) At the head of the articles of organization or an amendment to the articles of organization in which the election to be a benefit limited liability company is made;

(2) At the head of each subsequent articles of organization of the benefit limited liability company; and

(3) On each certificate representing outstanding membership interests in the benefit limited liability company.
Md. Code, Criminal Law § 4-305.1 — MD Code / Article gcr / Title 4 / Subtitle 3 / Section 4-305.1
§4–305.
Status: in_force

§4–305.1.

(a) Except as provided in subsection (b) of this section, a person may not:

(1) transport a rapid fire activator into the State; or

(2) manufacture, possess, sell, offer to sell, transfer, purchase, or receive a rapid fire activator.

(b) This section does not apply to the possession of a rapid fire activator by a person who:

(1) possessed the rapid fire activator before October 1, 2018;

(2) applied to the federal Bureau of Alcohol, Tobacco, Firearms and Explosives before October 1, 2018, for authorization to possess a rapid fire activator;

(3) received authorization to possess a rapid fire activator from the federal Bureau of Alcohol, Tobacco, Firearms and Explosives before October 1, 2019; and

(4) is in compliance with all federal requirements for possession of a rapid fire activator.

(c) Nothing in this section is intended to prohibit the otherwise lawful possession of a part or combination of parts by:

(1) a police officer or other person employed by a law enforcement agency under circumstances in which the officer or other person possesses the part or parts in accordance with authorization given by the law enforcement agency; or

(2) a person who has registered a machine gun with the Secretary of State Police under § 4–403 of this title if the part or parts are possessed for use in only, and necessary for the proper function of, a machine gun that is currently registered by the person under § 4–403 of this title.
Md. Code, Business Regulation § 4-304.1 — MD Code / Article gbr / Title 4 / Subtitle 3 / Section 4-304.1
§4–304.
Status: in_force

§4–304.1.

(a) Each applicant for a license to participate as a contestant in a contest shall present documentary evidence, satisfactory to the Commission, that:

(1) within the prior 30–day period, the applicant has been tested for the presence of:

(i) antibodies to the human immunodeficiency virus (HIV);

(ii) the antigen of virus hepatitis B; and

(iii) antibodies to virus hepatitis C; and

(2) the results of all tests are negative.

(b) Whenever directed by the Commission, an individual who is licensed to participate as a contestant in a contest shall present documentary evidence, satisfactory to the Commission, that:

(1) within 30 days prior to participating in a contest, the individual has been tested for the presence of:

(i) antibodies to the human immunodeficiency virus (HIV);

(ii) the antigen of virus hepatitis B; and

(iii) antibodies to virus hepatitis C; and

(2) the results of all tests are negative.

(c) A test for the presence of HIV conducted under the provisions of this section shall be conducted in accordance with the provisions of Title 4, Subtitle 3 and § 18–336 of the Health – General Article.

(d) (1) If the Commission denies a license, suspends or revokes a license, denies renewal of a license, or does not allow an individual to participate in a contest because of the failure of the individual to comply with this section, the Commission shall keep the information confidential and may not disclose the reason for its action.

(2) A person who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to a fine not exceeding $1,000 for the first offense and not exceeding $5,000 for each subsequent conviction.
Md. Code, Housing and Community Development § 4-1101 — MD Code / Article ghs / Title 4 / Subtitle 11 / Section 4-1101
§4–1101.
Status: in_force

(a) The Department shall award operating assistance grants to nonprofit organizations to increase their capacity to participate in housing projects and activities authorized by the programs that are financed through the Homeownership Programs Fund under § 4-502 of this title, the Rental Housing Programs Fund under § 4-504 of this title, the Special Loan Programs Fund under § 4-505 of this title, or otherwise financed totally or partly by the Department.

(b) To be eligible for an operating assistance grant under this section, a nonprofit organization must have limited expertise or no recent experience participating in projects or activities financed wholly or partly by the Department.

(c) A nonprofit organization may receive a grant or grants under this section for up to 3 years to increase its capacity to participate in each of the housing development areas of rental housing programs, homeownership programs, and special loan programs.

(d) A grant under this section may be for a term of up to 3 years if the Department finds that:

(1) the performance of the nonprofit organization in the prior year was acceptable; and

(2) money is appropriated and available to pay the grant.
Md. Code, Education § 4-404 — MD Code / Article ged / Title 4 / Subtitle 4 / Section 4-404
§4–404.
Status: reserved

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

(2) (i) “Abuse” means an employee’s intentional misconduct or misuse of authority or position:

1. Involving property or funds of the local school system that is improper or deficient when compared to conduct a prudent person would consider reasonable under the same facts and circumstances; or

2. For the purpose of furthering improperly the private interests of the employee, a family member, or a close personal or business associate.

(ii) “Abuse” includes:

1. Theft or misappropriation of property or funds of the local school system; and

2. Destruction or alteration of official records.

(3) (i) “Fraud” means an intentional act or attempt to obtain something of value from the local school system or another person through willful misrepresentation.

(ii) “Fraud” includes a willful false representation of a material fact, whether by words or by conduct, by false or misleading allegations, or by concealment of that which should have been disclosed, that causes the local school system to act, or fail to act, to the detriment of the interest of the local school system.

(4) “Local school system” means the Prince George’s County public school system.

(5) “Office” means the Office of Integrity and Compliance in the local school system.

(6) “Vendor” means a party obligated by contract or subcontract to provide goods, services, or property to the local school system for consideration, including contracts and subcontracts for construction and professional services related to construction.

(7) (i) “Waste” means an inappropriate act or omission by an employee with control over or access to local school system property or funds that unreasonably deprives the local school system of value.

(ii) “Waste” includes mismanagement or other unintentional conduct that is deficient or improper when compared to conduct that a prudent person would consider necessary to preserve the value of property or funds of the local school system under the same facts and circumstances.

(b) This section applies only in Prince George’s County.

(c) (1) There is an Office of Integrity and Compliance in the local school system.

(2) The Office is an independent unit within the local school system.

(3) (i) The County Council of Prince George’s County shall select, appoint, and contract with an Integrity and Compliance Officer.

(ii) The County Council shall select the Integrity and Compliance Officer solely on the basis of professional ability and personal integrity, without regard to political affiliation.

(iii) The Integrity and Compliance Officer must be qualified professionally by experience or education in auditing, government operations, or financial management.

(d) (1) The term of the Integrity and Compliance Officer is 4 years beginning on the date of appointment.

(2) An individual may not serve as Integrity and Compliance Officer for more than three terms.

(3) The Integrity and Compliance Officer continues to serve until a successor is appointed.

(4) If a vacancy occurs for the Integrity and Compliance Officer, the County Council shall appoint an Interim Integrity and Compliance Officer to serve for the remainder of the unexpired term.

(5) The County Council may remove the Integrity and Compliance Officer only through a majority vote of the County Council for neglect of duty, malfeasance, conviction of a felony, or other good cause.

(6) The Integrity and Compliance Officer shall serve as an independent employee within the local school system.

(7) The Integrity and Compliance Officer shall discharge the duties of office on a full–time basis and with no secondary employment of any nature during the Integrity and Compliance Officer’s term.

(e) (1) The Office shall:

(i) Assist the County Council and the local school system by providing independent evaluation and recommendations regarding opportunities to:

1. Preserve the local school system’s reputation; and

2. Improve the effectiveness, productivity, or efficiency of local school system programs, policies, practices, and operations;

(ii) Ensure public accountability by preventing, investigating, and reporting instances of fraud, waste, and abuse of property or funds of the local school system;

(iii) Examine, evaluate, and report on the adequacy and effectiveness of the systems of internal controls and their related accounting, financial, technology, and operational policies; and

(iv) Report noncompliance with and propose ways to improve employee compliance with applicable law, policy, and ethical standards of conduct.

(2) (i) The Office may employ staff in order to execute the duties of the Office.

(ii) Staff employed by the Office shall serve under the supervision and direction of the Integrity and Compliance Officer.

(3) In developing recommendations, the Office may:

(i) Conduct administrative investigations, budgetary analyses, and financial, management, or performance audits and similar reviews;

(ii) Provide management advisories; and

(iii) Utilize the assistance from any other government agency or private party to complete a project initiated by the Office.

(4) When applicable, the Integrity and Compliance Officer shall comply with generally accepted government auditing standards.

(5) (i) Except as provided in subparagraph (ii) of this paragraph, the Integrity and Compliance Officer shall publish on the Office’s website, in a readily available location:

1. A report at least once every 2 years, beginning in fiscal year 2025, that summarizes the activities, findings, recommendations, and accomplishments of the Office; and

2. Any official written comments or responses offered by the local school system administration with any report published by the Office.

(ii) The Integrity and Compliance Officer:

1. May not disclose any record, report, or related information that is protected from disclosure under the Public Information Act;

2. May provide an oral report if appropriate under generally accepted government auditing standards; and

3. Shall establish and follow procedures for safeguarding the identity of confidential sources and protecting privileged and confidential information.

(6) If reasonable grounds exist to believe that a serious violation of federal, State, or local law has occurred, the Integrity and Compliance Officer shall report the allegation to:

(i) An appropriate law enforcement agency;

(ii) The State Ethics Commission; or

(iii) Any other agency with jurisdiction to enforce the law.

(f) (1) The Integrity and Compliance Officer shall coordinate with the local school system to develop a written work plan and establish periodic goals and priorities for the Office based on an assessment of relative risks.

(2) In developing the work plan, the Integrity and Compliance Officer shall take into consideration requests from:

(i) Officers, administrators, and employees of the local school system;

(ii) Elected officials; and

(iii) Members of the public.

(3) The Integrity and Compliance Officer shall make the written work plan available to the public, subject to the Public Information Act.

(g) (1) (i) On request from the Integrity and Compliance Officer, an employee or official of the local school system shall provide promptly to the Integrity and Compliance Officer any available document or other information concerning the local school system’s operations, budget, programs, or vendor contracts.

(ii) 1. The Integrity and Compliance Officer shall notify the county board and the County Superintendent if any employee or official of the local school system fails to provide any information or document requested under this paragraph with reasonable promptness.

2. The county board and the County Superintendent shall take appropriate administrative action to produce local school system compliance with a pending request for information by the Integrity and Compliance Officer.

(2) (i) On request from the Integrity and Compliance Officer, a vendor of the local school system shall provide promptly to the Integrity and Compliance Officer any available document or other information concerning any local school system vendor contract, including documents related to the procurement of the contract.

(ii) 1. The Integrity and Compliance Officer shall notify the county board, the County Superintendent, and the local school system if any vendor fails to provide any information or document requested under this paragraph with reasonable promptness.

2. The county board and the County Superintendent shall take appropriate administrative or civil action to produce vendor compliance with a pending request for information by the Integrity and Compliance Officer.

(h) (1) Each local school system employee should report any fraud, waste, or abuse to the Office.

(2) A local school system employee, vendor, or employee of any vendor may not be retaliated against or penalized, or threatened with retaliation or penalty, for providing information to, cooperating with, or in any way assisting the Integrity and Compliance Officer in connection with any activity authorized by this section.

(3) The Integrity and Compliance Officer may not disclose the identity of a person that reports an allegation of fraud, waste, or abuse unless:

(i) The reporting person consents to disclosure of the person’s identity;

(ii) Disclosure is reasonably necessary to complete an audit or investigation; or

(iii) Another person is legally entitled to disclosure of the identity of the reporting person.

(i) (1) The Integrity and Compliance Officer may administer an oath or affirmation or take an affidavit from any person if necessary to perform the duties under this section.

(2) The Integrity and Compliance Officer may administer an oath and take a deposition and other testimony for the purpose of investigating fraud, waste, or abuse within the local school system.

(3) The Integrity and Compliance Officer may subpoena any person or evidence for the purpose of investigating fraud, waste, or abuse within the local school system.

(4) If a person fails to comply with a lawful order or subpoena issued under this subsection, on petition of the Integrity and Compliance Officer, a court of competent jurisdiction may compel:

(i) Compliance with the order or subpoena; or

(ii) Testimony or the production of evidence.

(j) (1) Each year the Integrity and Compliance Officer shall submit to the county board a projected budget for the Office for the upcoming fiscal year.

(2) The county board shall include in the county board’s annual operating budget proposal the amounts recommended by the Integrity and Compliance Officer for the Office for the upcoming fiscal year.
Md. Code, Natural Resources § 4-719 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-719
§4–719.
Status: in_force

(a) A person may not set a haul seine or seine of any description, or what is commonly called a put net, to catch fish in the following waters of Dorchester County: Transquaking River and Chicamacomico River and their tributaries, Big and Little Blackwater Rivers, White Hall Creek, Hurst’s Creek, Shoal Creek, and Jenkins Creek.

(b) A person may not set a patent twine weir, or any other twine weir, a pound net and hauling seine of a length greater than 350 feet in Blackwater River and its tributaries except Little Blackwater River. A person also may not fasten or stick a stake in the part of Blackwater River lying between a line drawn from Grog Point to the opposite side of the river and a line drawn from Berg’s Ditch to the opposite side of the river, except in the bends of the river where stake weirs now exist.

(c) A person may not set a gill net in the waters of Fishing Bay or Transquaking River north of a line drawn from Blackwater Point to Irish Creek, up the Transquaking River to Destroys Creek, or set any net whose farther end extends more than 1200 feet from shore or more than one third the breadth of the water at the place where the net is fished, or closer than 600 feet of another net in the Transquaking or Chicamacomico River. A person may not set any net whose farther end extends more than one half the breadth of the water at the place where the net is fished or closer than 600 feet of another net in the waters of the Transquaking River above Decourcey Bridge or placed in or across the channels of these rivers. In the waters of Fishing Bay south of a line drawn from Blackwater Point to Irish Creek and north of a line drawn from Roasting Ear Point to the northwesterly most point of the entrance to Duck Island Cove, a person may not set any weir more than 1200 feet from shore, or set any gill net or weir closer to each other than 1200 feet, or set any row of gill nets more than 1200 feet in length. A person may not set any weir beyond a depth of 18 feet in the waters of Fishing Bay south of the line from Roasting Ear Point to the northwesterly most point of the entrance to Duck Island Cove.

(d) A person may not place pound nets, weirs, or hedges less than one third of a mile apart in the northwest branch of the Nanticoke River, from Walnut Landing to the place known as Chimney Landing, on the west branch of this stream.

(e) A person may fish only with hook and line, eel pot, or gill net with at least a three–inch mesh in Goose Creek and Indian Creek.
Md. Code, Natural Resources § 4-736 — MD Code / Article gnr / Title 4 / Subtitle 7 / Section 4-736
§4–736.
Status: in_force

(a) The Department may supervise, regulate, and control catching eels in the tidal waters of the State. In exercising this power, the Department may prescribe the areas within and methods by which eels may be caught.

(b) (1) A person may not catch eels for sale with pots or other devices in the tidal waters of the State without first obtaining a tidal fish license to catch finfish for commercial purposes from the Department.

(2) A licensee who is authorized to catch blue crabs under this subtitle may use up to 50 pots to catch eels for personal use as crab trotline bait without obtaining an authorization to catch finfish.

(c) The Department shall adopt rules and regulations concerning commercial fishing for eels by area, gear, season, size, and reporting of catch.

(d) Each individual who catches eels for sale or for personal use as bait shall make catch reports, as prescribed by rule or regulation, on forms provided by the Department.
Md. Code, Natural Resources § 4-611 — MD Code / Article gnr / Title 4 / Subtitle 6 / Section 4-611
§4–611.
Status: in_force

(a) Any person engaged in a retail business who desires to sell angler’s licenses as an agent under the Department’s control and supervision shall apply to the Department and provide a bond or other security deemed sufficient and adequate by the Department to ensure payment for the licenses.

(b) License fees collected by an agent shall be forwarded to the Department on a schedule and in a manner prescribed by the Department.

(c) (1) An agent may not make any false statement concerning any date of issuance or other license data.

(2) An agent may not issue any license without receiving the license fees required by law.

(d) In addition to any other penalty provided for in this title, any agent convicted of violating this section shall lose the agent’s privileges.
Md. Code, Natural Resources § 4-1203 — MD Code / Article gnr / Title 4 / Subtitle 12 / Section 4-1203
§4–1203.
Status: in_force

If any Natural Resources police officer or any law enforcement officer has probable cause to believe that any person possesses any fish or any device in violation of this title, the officer shall go before any District Court judge of the county in which the fish or device is supposed to be and make affidavit to that fact. If the judge finds the affidavit legally sufficient, the judge shall issue a search warrant against the person complained of, directed to the officer making the affidavit, commanding the officer to proceed at once and search for the fish or device and, upon finding it, to seize, take possession, and keep it until further order by the judge. The warrant shall be executed pursuant to Rule 4-601 of the Maryland Rules. The warrant shall be returned within 5 days from the issuing date or within a shorter period of time as set forth in the search warrant.
Md. Code, Natural Resources § 4-514 — MD Code / Article gnr / Title 4 / Subtitle 5 / Section 4-514
§4–514.
Status: in_force

Except during an emergency, a person may not fasten, tie, or anchor a boat to another person’s commercial fishing equipment or device including the hedging, stakes, buoys, or anchors of the equipment or device.
Md. Code, Criminal Procedure § 4-202.2 — MD Code / Article gcp / Title 4 / Subtitle 2 / Section 4-202.2
§4–202.
Status: reserved

§4–202.2.

(a) At sentencing, a court exercising criminal jurisdiction in a case involving a child shall determine whether to transfer jurisdiction to the juvenile court if:

(1) as a result of trial or a plea entered under Maryland Rule 4–242, all charges that excluded jurisdiction from the juvenile court under § 3–8A–03(d)(1) or (4) of the Courts Article do not result in a finding of guilty; and

(2) (i) pretrial transfer was prohibited under § 4–202(c)(2) of this subtitle; or

(ii) the court did not transfer jurisdiction after a hearing under § 4–202(b) of this subtitle.

(b) In determining whether to transfer jurisdiction under subsection (a) of this section, the court shall consider:

(1) the age of the child;

(2) the mental and physical condition of the child;

(3) the amenability of the child to treatment in an institution, facility, or program available to delinquent children;

(4) the nature of the child’s acts as proven in the trial or admitted to in a plea entered under Maryland Rule 4–242; and

(5) public safety.

(c) The court may not consider transferring jurisdiction to the juvenile court under this section if:

(1) under the terms of a plea agreement entered under Maryland Rule 4–243, the child agrees that jurisdiction is not to be transferred; or

(2) pretrial transfer was prohibited under § 4–202(c)(1) of this subtitle.

(d) (1) A victim or victim’s representative shall be given notice of the transfer hearing as provided under § 11–104 of this article.

(2) (i) A victim or victim’s representative may submit a victim impact statement to the court as provided in § 11–402 of this article.

(ii) This paragraph does not preclude a victim or victim’s representative who has not filed a notification request form under § 11–104 of this article from submitting a victim impact statement to the court.

(iii) The court shall consider a victim impact statement in determining whether to transfer jurisdiction under this section.

(e) (1) If the court transfers its jurisdiction to the juvenile court, the court shall conduct a disposition under the regular procedures of the juvenile court.

(2) The record of the hearing and of the disposition shall be transferred to the juvenile court, subject to § 3–8A–27 of the Courts Article.
Md. Code, Financial Institutions § 4-805 — MD Code / Article gfi / Title 4 / Subtitle 8 / Section 4-805
§4–805.
Status: in_force

A mutual holding company shall be subject to the provisions of the federal Bank Holding Company Act of 1956, as amended, and all the provisions of this article governing bank holding companies.
Md. Code, Public Safety § 4-1002 — MD Code / Article gps / Title 4 / Subtitle 10 / Section 4-1002
§4–1002.
Status: in_force

(a) For fiscal years 2020 through 2023, each year the Governor shall include in the annual budget bill an appropriation of $360,000 for Baltimore City to be used by the Baltimore City State’s Attorney’s Office for the relocation of victims and witnesses of crime.

(b) The funds required to be included in the annual budget bill under subsection (a) of this section shall be used solely to supplement, and not supplant, funds otherwise available for the relocation of victims and witnesses of crime in Baltimore City.
Md. Code, Natural Resources § 4-816 — MD Code / Article gnr / Title 4 / Subtitle 8 / Section 4-816
§4–816.
Status: in_force

The Department may adopt regulations to limit or prohibit the importation, use, catching, or possessing of the following nonnative crab species, which are determined to be harmful to the ecology and natural resources of the State:

(1) Green crab (Carcinus maenas) of the family Portunidae;

(2) Japanese shore crab (Hemigrapsus sanguineus) of the family Grapsidae; and

(3) Chinese mitten crab (Eriocheir sinensis) of the family Grapsidae.
Md. Code, Housing and Community Development § 4-1307 — MD Code / Article ghs / Title 4 / Subtitle 13 / Section 4-1307
§4–1307.
Status: in_force

(a) The Department shall establish for participating counties a sliding scale formula, based on income, under which residential well owners with lower incomes are eligible for larger grants and those with higher incomes are eligible for smaller grants.

(b) The combined county and State grants shall equal at least 10% but not more than 25% of the cost of the water treatment system that the residential well owner installs.
Md. Code, Public Utilities § 4-212 — MD Code / Article gpu / Title 4 / Subtitle 2 / Section 4-212
§4–212.
Status: in_force

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

(2) “Contract capacity” means the amount of monthly peak load requirements:

(i) that is mutually agreed to by an electric company and a large load customer for each month remaining in a contract term after the load ramp period has ended; and

(ii) for which:

1. the electric company agrees to provide all of the components of retail electric service subject to the terms and conditions in its tariffs; and

2. the large load customer agrees to purchase service at that load level for the stated term of the contract and under the same terms and conditions as those stated in the contract.

(3) “Large load customer” means a commercial or industrial customer for retail electric service that:

(i) has or is projected to have an aggregate monthly demand of at least 100 megawatts; and

(ii) has or is projected to have a load factor of over 80%.

(4) “Load ramp period” means the period of time from commencement of service until a large load customer’s billing calculation is based on the full contract capacity.

(b) It is the intent of the General Assembly that residential retail electric customers in the State should not bear the financial risks associated with large load customers interconnecting to the electric system serving the State.

(c) (1) (i) On or before September 1, 2026, each investor–owned electric company and each electric cooperative shall submit to the Commission for approval a specific rate schedule for large load customers that accomplishes the intent of subsection (b) of this section.

(ii) Each municipal electric utility that receives an application for retail electric service from a large load customer shall submit to the Commission for approval a specific rate schedule for large load customers.

(2) (i) Service under a specific rate schedule shall be available to large load customers that will use, within the initial contract term:

1. a monthly maximum demand of more than 100 megawatts at a single location; or

2. an aggregated contract capacity in the electric company’s service territory of more than 100 megawatts.

(ii) Except as provided in subparagraph (iii) of this paragraph, large load customers that qualify for a specific rate schedule after the effective date of that schedule:

1. shall take service under the specific rate schedule; and

2. may not be allowed to take service under any other existing schedule.

(iii) A specific rate schedule does not apply to the facility of an existing large load customer that has signed a service agreement before the effective date of the schedule if:

1. the large load customer’s existing load does not expand by more than 25 megawatts at that facility under the existing service agreement; or

2. the large load customer does not sign a new service agreement to expand the facility’s load by more than 25 megawatts above the contract capacity of the existing service agreement.

(d) In making a determination on whether to approve a specific rate schedule submitted under subsection (c) of this section, the Commission shall consider whether the rate schedule:

(1) requires a large load customer to cover the just and reasonable costs associated with any electric transmission or distribution system buildout required to:

(i) interconnect the large load customer to the electric system serving the State; or

(ii) serve the large load customer;

(2) protects residential retail electric customers from the financial risks associated with large load customers through the use of:

(i) load ramp periods;

(ii) minimum billing demand for electric distribution and transmission service that is a high percentage of a large load customer’s contract capacity;

(iii) long–term contractual commitments and exit fees;

(iv) guarantee or collateral requirements; and

(v) penalties and reimbursement requirements for the large load customer if the large load customer delays or cancels a project after the electric company has begun buildout to accommodate the large load customer; and

(3) sufficiently ensures that the allocation of costs to large load customers under the schedule does not result in customers that are not large load customers unreasonably subsidizing the costs of large load customers under the schedule.

(e) Before signing a contract for service under a specific rate schedule submitted under subsection (c) of this section, a large load customer under the schedule is required to:

(1) submit a request for a load study to determine the necessary contract capacity for the large load customer and pay any applicable fees associated with the study;

(2) designate a specific site where the large load customer’s project will be constructed and served by the electric company;

(3) own or have the exclusive right to use the land designated in item (2) of this subsection for the project; and

(4) meet any other requirements specified under the rate schedule.

(f) (1) On or before June 1, 2026, the Commission shall adopt regulations to carry out this section.

(2) The regulations shall:

(i) establish minimum notice requirements and deadlines related to load study requests and contract terminations and adjustments;

(ii) if considered necessary by the Commission, specify common forms of acceptable collateral to satisfy the requirements of this section; and

(iii) establish deadlines related to completion of load studies and payment of fees.
Md. Code, Real Property § 4-202 — MD Code / Article grp / Title 4 / Subtitle 2 / Section 4-202
§4–202.
Status: in_force

(a) This deed, made this ........ day of .........., in the year ......, by me, (here insert the name of the grantor) witnesseth, that in consideration of, (here insert consideration) I, the said .........., do grant unto (here insert the name of the grantee), all that (here describe the property).

Witness my hand.

(b) This deed, made this ........ day of .........., in the year ......, by me, ..............., witnesseth, that in consideration of ...... I, the said .........., do grant unto .........., to hold during his life and no longer.

Witness my hand.

(c) This deed, made this ........ day of .........., in the year ......, by me, ..............., witnesseth, that whereas (here insert the consideration for making the deed), I, said .........., do grant unto .........., as trustee, the following property, (here describe the property), in trust for the following purposes (here insert the purposes of the trust, and any covenant that may be agreed upon).

Witness my hand.

(d) This deed, made this ........ day of .........., in the year ......, by me, ..............., Sheriff of .......... County, Maryland, witnesseth, that by virtue of an execution issued out of (here insert the style of court), and dated ........ day of .........., in the year ......, in the case of .......... v. .........., I, the said .........., as Sheriff of said county, have sold to ..............., the following property, (here describe property). Now, therefore, I, the said .........., do grant unto the said ..............., all the right and title of .........., in and to said hereinbefore described property.

Witness my hand.

(e) This deed, made this ........ day of .........., in the year ......, by me, ..............., trustee, witnesseth, whereas, by a decree of (here insert style of court), passed on ........ (here insert day of decree), in the case .......... v. .........., I, the said ........, was appointed trustee to sell the land decreed to be sold, and have sold the same to .........., who has fully paid the purchase money therefor. Now, therefore, in consideration of the premises, I, the said ..............., do grant unto .......... all the right and title of all the parties to the aforesaid cause, in and to .......... (describe property).

Witness my hand.

(f) This deed, made this ........ day of .........., in the year ......, witnesseth, that we ..............., (here insert names of commissioners), commissioners appointed by the Circuit Court for .......... County, to divide the lands of A B, late of .......... County, deceased, in consideration of the sum of .........., have sold, and do hereby grant to C D, all that parcel of land, (here describe the land as described in return of the commissioners).

Witness my hand.

(g) This deed, made this ........ day of .........., in the year ......, witnesseth, that I, ............... personal representative of the Last Will of .........., late of .......... County, deceased, in consideration of the sum of .........., have bargained and sold to ..............., all that parcel of land (here describe the land).

Witness my hand.

(h) This mortgage, made this ........ day of .......... by me, .........., witnesseth, that in consideration of the sum of .......... dollars, now due from me, the said .........., to ..............., I, the said .........., do grant unto the said ..............., (here describe the property); provided, that if I, the said ..............., shall pay, on or before the .......... day of ........, to the said ......, the sum of ........ dollars, with the interest thereon from ........, then this mortgage shall be void.

Witness my hand.

(i) This lease, made this ........ day of .........., in the year ......, between .......... and .........., witnesseth, that the said .......... do lease unto the said .........., his personal representatives or assigns (here describe property), for the term of ...... years, beginning on the ........ day of .........., in the year ......, and ending on the ........ day of .........., in the year ......, the said .........., paying therefor the sum of ...... dollars, on the ........ day of .........., in each and every year.

Witness my hand.
Md. Code, General Provisions § 4-351 — MD Code / Article ggp / Title 4 / Subtitle 3 / Section 4-351
§4–351.
Status: in_force

(a) Subject to subsections (b), (c), and (d) of this section, a custodian may deny inspection of:

(1) records of investigations conducted by the Attorney General, a State’s Attorney, a municipal or county attorney, a police department, or a sheriff;

(2) an investigatory file compiled for any other law enforcement, judicial, correctional, or prosecution purpose;

(3) records that contain intelligence information or security procedures of the Attorney General, a State’s Attorney, a municipal or county attorney, a police department, a State or local correctional facility, or a sheriff; or

(4) records, other than a record of a technical infraction, relating to an administrative or criminal investigation of misconduct by a police officer, including an internal affairs investigatory record, a hearing record, a record of positive community feedback, and records relating to a disciplinary decision.

(b) A custodian may deny inspection by a person in interest only to the extent that the inspection would:

(1) interfere with a valid and proper law enforcement proceeding;

(2) deprive another person of a right to a fair trial or an impartial adjudication;

(3) constitute an unwarranted invasion of personal privacy;

(4) disclose the identity of a confidential source;

(5) disclose an investigative technique or procedure;

(6) prejudice an investigation; or

(7) endanger the life or physical safety of an individual.

(c) A custodian shall allow inspection of a record described in subsection (a)(4) of this section by:

(1) the United States Attorney;

(2) the Attorney General;

(3) the State Prosecutor; or

(4) the State’s Attorney for the jurisdiction relevant to the record.

(d) Except as provided in subsection (c) of this section, a custodian:

(1) shall redact the portions of a record described in subsection (a)(4) of this section to the extent that the record reflects:

(i) medical information of the person in interest;

(ii) personal contact information of the person in interest or a witness; or

(iii) information relating to the family of the person in interest; and

(2) may redact the portion of a record described in subsection (a)(4) of this section to the extent that the record reflects witness information other than personal contact information.

(e) A custodian shall notify the person in interest of a record described in subsection (a)(4) of this section when the record is inspected, but may not disclose the identity of the requestor to the person in interest.
Md. Code, Criminal Procedure § 4-101 — MD Code / Article gcp / Title 4 / Subtitle 1 / Section 4-101
§4–101.
Status: in_force

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

(2) (i) “Citation” means a written charging document that a police officer or fire marshal issues to a defendant, alleging the defendant has committed a crime.

(ii) “Citation” does not include an indictment, information, or statement of charges.

(3) “Fire marshal” means:

(i) the State Fire Marshal;

(ii) a deputy State fire marshal; or

(iii) as designated under § 6–304 of the Public Safety Article:

1. an assistant State fire marshal; or

2. a special assistant State fire marshal.

(4) “Police officer” has the meaning stated in § 2–101 of this article.

(b) Within areas of the National Park System, a United States Park Police officer may exercise the authority of a police officer to issue a citation under this section.

(c) (1) (i) Subject to paragraph (2) of this subsection, in addition to any other law allowing a crime to be charged by citation, a police officer shall charge by citation for:

1. any misdemeanor or local ordinance violation that does not carry a penalty of imprisonment;

2. any other misdemeanor or local ordinance violation not involving serious injury or an immediate health risk for which the maximum penalty of imprisonment is 90 days or less, except:

A. failure to comply with a peace order under § 3–1508 of the Courts Article;

B. failure to comply with a protective order under § 4–509 of the Family Law Article;

C. violation of a condition of pretrial or posttrial release under § 5–213.1 of this article;

D. possession of an electronic control device after conviction of a drug felony or crime of violence under § 4–109(b) of the Criminal Law Article;

E. violation of an out–of–state domestic violence order under § 4–508.1 of the Family Law Article; or

F. abuse or neglect of an animal under § 10–604 of the Criminal Law Article; or

3. possession of cannabis under § 5–601 of the Criminal Law Article.

(ii) Subject to paragraph (2) of this subsection, in addition to any other law allowing a crime to be charged by citation, a police officer may charge by citation for:

1. sale of an alcoholic beverage to an underage drinker or intoxicated person under § 6–304, § 6–307, § 6–308, or § 6–309 of the Alcoholic Beverages and Cannabis Article;

2. malicious destruction of property under § 6–301 of the Criminal Law Article, if the amount of damage to the property is less than $500;

3. misdemeanor theft under § 7–104(g)(2) of the Criminal Law Article;

4. possession of a controlled dangerous substance other than cannabis under § 5–601 of the Criminal Law Article;

5. possession with intent to distribute cannabis under § 5–602(b)(1) of the Criminal Law Article; or

6. growing or manufacturing cannabis or a cannabis product under § 5–603(b) of the Criminal Law Article.

(2) A police officer may charge a defendant by citation only if:

(i) the officer is satisfied with the defendant’s evidence of identity;

(ii) the officer reasonably believes that the defendant will comply with the citation;

(iii) the officer reasonably believes that the failure to charge on a statement of charges will not pose a threat to public safety;

(iv) the defendant is not subject to arrest:

1. for an alleged misdemeanor involving serious injury or immediate health risk or an alleged felony arising out of the same incident; or

2. based on an outstanding arrest warrant; and

(v) the defendant complies with all lawful orders by the officer.

(3) A police officer who has grounds to make a warrantless arrest for an offense that may be charged by citation under this subsection may:

(i) issue a citation in lieu of making the arrest; or

(ii) make the arrest and subsequently issue a citation in lieu of continued custody.

(d) (1) Subject to paragraph (2) of this subsection, in addition to any other law allowing a crime to be charged by citation, a fire marshal may issue a citation for:

(i) discharging fireworks without a permit under § 10–104 or § 10–110 of the Public Safety Article;

(ii) possessing with intent to discharge or allowing the discharge of fireworks under § 10–104 or § 10–110 of the Public Safety Article; or

(iii) maintaining a fire hazard under § 6–317 of the Public Safety Article.

(2) A fire marshal may issue a citation if the fire marshal is satisfied with the defendant’s evidence of identity and reasonably believes that the defendant will comply with the citation.

(e) (1) This section does not apply to a citation that is:

(i) authorized for a violation of a parking ordinance or a regulation adopted by a State unit or political subdivision of the State under Title 26, Subtitle 3 of the Transportation Article;

(ii) authorized by the Department of Natural Resources under § 1–205 of the Natural Resources Article; or

(iii) authorized by Baltimore City under § 16–16A (special enforcement officers) of the Code of Public Local Laws of Baltimore City for violation of a code, ordinance, or public local law of Baltimore City concerning building, housing, health, fire, safety, zoning, or sanitation.

(2) Except as otherwise expressly provided by law, the Chief Judge of the District Court shall prescribe a uniform, statewide form of a citation.

(3) Except for the uniform motor vehicle citation form, the law enforcement agencies of the State, the United States Park Police, and the Office of the State Fire Marshal shall reimburse the District Court for printing the citation forms that law enforcement officers and the State Fire Marshal require.
Md. Code, Estates and Trusts § 4-511 — MD Code / Article get / Title 4 / Subtitle 5 / Section 4-511
§4–511.
Status: in_force

(a) A document of gift need not be delivered during the lifetime of a donor to be effective.

(b) On or after the death of an individual, a person in possession of a document of gift or a refusal to make an anatomical gift regarding the individual shall allow examination and copying of the document of gift or refusal by:

(1) A person authorized to make or object to the making of the anatomical gift; or

(2) A person to which the gift could pass under § 4–509 of this subtitle.
Md. Code, Health Occupations § 4-303 — MD Code / Article gho / Title 4 / Subtitle 3 / Section 4-303
§4–303.
Status: in_force

(a) Subject to the provisions of this section, the Board may waive the education requirements of § 4-302 of this subtitle for an applicant for a limited license who does not hold a degree of Doctor of Dental Surgery, Doctor of Dental Medicine, or the equivalent from a college or university that is authorized by any state or any province of Canada to grant the degree and is recognized by the Board under § 4-302(d)(2) of this subtitle.

(b) The Board may grant a waiver under this section only if the applicant:

(1) Completes at least 2 years of formal general clinical training in a college or university that is authorized by any state or any province of Canada to grant the degree of Doctor of Dental Surgery, Doctor of Dental Medicine, or the equivalent and is recognized by the Board under § 4-302(d)(2) of this subtitle; and

(2) Meets any other requirements that the Board establishes for a waiver of the education requirements of § 4-302 of this subtitle.

(c) (1) Notwithstanding the provisions of subsection (b) of this section and § 4-302(g) of this subtitle, the Board may grant a waiver for a teacher’s license if it finds that:

(i) The applicant holds a degree of Doctor of Dental Surgery, Doctor of Dental Medicine, or an equivalent degree from a school, college, or faculty of dentistry;

(ii) The applicant demonstrates that the applicant has had at least 5 years of clinical dental experience;

(iii) The applicant is found to be of good moral character and professionally competent;

(iv) The Dean of the University of Maryland Dental School requests the waiver and circumstances exist that justify the granting of a waiver; and

(v) The applicant is appointed to a full-time or part-time faculty position at the University of Maryland Dental School.

(2) A teacher’s license granted pursuant to a waiver under paragraph (1) of this subsection:

(i) Authorizes the licensee to practice dentistry to the same extent as other faculty members who hold general licenses to practice dentistry, provided that the licensee only practices dentistry at established teaching sites and faculty programs of the University of Maryland Dental School; and

(ii) Shall be surrendered immediately to the Board when the licensee ceases to hold an appointment as a full-time or part-time faculty member of the University of Maryland Dental School.