Md. Code, Corporations and Associations § 2-418 — MD Code / Article gca / Title 2 / Subtitle 4 / Section 2-418
§2–418.
Status: in_force

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

(2) “Corporation” includes any domestic or foreign predecessor entity of a corporation in a merger, consolidation, or other transaction in which the predecessor’s existence ceased upon consummation of the transaction.

(3) “Director” means any person who is or was a director of a corporation and any person who, while a director of a corporation, is or was serving at the request of the corporation as a director, officer, partner, trustee, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust, limited liability company, other enterprise, or employee benefit plan.

(4) “Expenses” include attorney’s fees.

(5) (i) “Official capacity” means:

1. When used with respect to a director, the office of director in the corporation; and

2. When used with respect to a person other than a director as contemplated in subsection (j) of this section, the elective or appointive office in the corporation held by the officer, or the employment or agency relationship undertaken by the employee or agent in behalf of the corporation.

(ii) “Official capacity” does not include service for any other foreign or domestic corporation or any partnership, joint venture, trust, other enterprise, or employee benefit plan.

(6) “Party” includes a person who was, is, or is threatened to be made a named defendant or respondent in a proceeding.

(7) “Proceeding” means any threatened, pending or completed action, suit or proceeding, whether civil, criminal, administrative, or investigative.

(b) (1) A corporation may indemnify any director made a party to any proceeding by reason of service in that capacity unless it is established that:

(i) The act or omission of the director was material to the matter giving rise to the proceeding; and

1. Was committed in bad faith; or

2. Was the result of active and deliberate dishonesty; or

(ii) The director actually received an improper personal benefit in money, property, or services; or

(iii) In the case of any criminal proceeding, the director had reasonable cause to believe that the act or omission was unlawful.

(2) (i) Indemnification may be against judgments, penalties, fines, settlements, and reasonable expenses actually incurred by the director in connection with the proceeding.

(ii) However, if the proceeding was one by or in the right of the corporation, indemnification may not be made in respect of any proceeding in which the director shall have been adjudged to be liable to the corporation.

(3) (i) The termination of any proceeding by judgment, order, or settlement does not create a presumption that the director did not meet the requisite standard of conduct set forth in this subsection.

(ii) The termination of any proceeding by conviction, or a plea of nolo contendere or its equivalent, or an entry of an order of probation prior to judgment, creates a rebuttable presumption that the director did not meet that standard of conduct.

(4) A corporation may not indemnify a director or advance expenses under this section for a proceeding brought by that director against the corporation, except:

(i) For a proceeding brought to enforce indemnification under this section; or

(ii) If the charter or bylaws of the corporation, a resolution of the board of directors of the corporation, or an agreement approved by the board of directors of the corporation to which the corporation is a party expressly provide otherwise.

(c) A director may not be indemnified under subsection (b) of this section in respect of any proceeding charging improper personal benefit to the director, whether or not involving action in the director’s official capacity, in which the director was adjudged to be liable on the basis that personal benefit was improperly received.

(d) Unless limited by the charter:

(1) A director who has been successful, on the merits or otherwise, in the defense of any proceeding referred to in subsection (b) of this section, or in the defense of any claim, issue, or matter in the proceeding, shall be indemnified against reasonable expenses incurred by the director in connection with the proceeding, claim, issue, or matter in which the director has been successful.

(2) A court of appropriate jurisdiction, upon application of a director and such notice as the court shall require, may order indemnification in the following circumstances:

(i) If it determines a director is entitled to reimbursement under paragraph (1) of this subsection, the court shall order indemnification, in which case the director shall be entitled to recover the expenses of securing such reimbursement; or

(ii) If it determines that the director is fairly and reasonably entitled to indemnification in view of all the relevant circumstances, whether or not the director has met the standards of conduct set forth in subsection (b) of this section or has been adjudged liable under the circumstances described in subsection (c) of this section, the court may order such indemnification as the court shall deem proper. However, indemnification with respect to any proceeding by or in the right of the corporation or in which liability shall have been adjudged in the circumstances described in subsection (c) of this section shall be limited to expenses.

(3) A court of appropriate jurisdiction may be the same court in which the proceeding involving the director’s liability took place.

(e) (1) Indemnification under subsection (b) of this section may not be made by the corporation unless authorized for a specific proceeding after a determination has been made that indemnification of the director is permissible in the circumstances because the director has met the standard of conduct set forth in subsection (b) of this section.

(2) Such determination shall be made:

(i) By the board of directors by a majority vote of a quorum consisting of directors not, at the time, parties to the proceeding, or by a majority vote of a committee of the board consisting solely of one or more directors not, at the time, parties to such proceeding and who were duly designated to act in the matter by a majority vote of the directors who are not parties to the proceeding;

(ii) By special legal counsel selected by the board of directors or a committee of the board by vote as set forth in item (i) of this paragraph, or, if the requisite quorum of the full board cannot be obtained therefor and the committee cannot be established, by a majority vote of the full board in which directors who are parties may participate; or

(iii) By the stockholders.

(3) Authorization of indemnification and determination as to reasonableness of expenses shall be made in the same manner as the determination that indemnification is permissible. However, if the determination that indemnification is permissible is made by special legal counsel, authorization of indemnification and determination as to reasonableness of expenses shall be made in the manner specified in paragraph (2)(ii) of this subsection for selection of such counsel.

(4) Shares held by directors who are parties to the proceeding may not be voted on the subject matter under this subsection.

(f) (1) Reasonable expenses incurred by a director who is a party to a proceeding may be paid or reimbursed by the corporation in advance of the final disposition of the proceeding upon receipt by the corporation of:

(i) A written affirmation by the director of the director’s good faith belief that the standard of conduct necessary for indemnification by the corporation as authorized in this section has been met; and

(ii) A written undertaking by or on behalf of the director to repay the amount if it shall ultimately be determined that the standard of conduct has not been met.

(2) The undertaking required by paragraph (1)(ii) of this subsection shall be an unlimited general obligation of the director but need not be secured and may be accepted without reference to financial ability to make the repayment.

(3) Payments under this subsection shall be made as provided by the charter, bylaws, or contract or as specified in subsection (e)(2) of this section.

(g) The indemnification and advancement of expenses provided or authorized by this section may not be deemed exclusive of any other rights, by indemnification or otherwise, to which a director may be entitled under the charter, the bylaws, a resolution of stockholders or directors, an agreement or otherwise, both as to action in an official capacity and as to action in another capacity while holding such office.

(h) This section does not limit the corporation’s power to pay or reimburse expenses incurred by a director in connection with an appearance as a witness in a proceeding at a time when the director has not been made a named defendant or respondent in the proceeding.

(i) For purposes of this section:

(1) The corporation shall be deemed to have requested a director to serve an employee benefit plan where the performance of the director’s duties to the corporation also imposes duties on, or otherwise involves services by, the director to the plan or participants or beneficiaries of the plan;

(2) Excise taxes assessed on a director with respect to an employee benefit plan pursuant to applicable law shall be deemed fines; and

(3) Action taken or omitted by the director with respect to an employee benefit plan in the performance of the director’s duties for a purpose reasonably believed by the director to be in the interest of the participants and beneficiaries of the plan shall be deemed to be for a purpose which is not opposed to the best interests of the corporation.

(j) Unless limited by the charter:

(1) An officer of the corporation shall be indemnified as and to the extent provided in subsection (d) of this section for a director and shall be entitled, to the same extent as a director, to seek indemnification pursuant to the provisions of subsection (d) of this section;

(2) A corporation may indemnify and advance expenses to an officer, employee, or agent of the corporation to the same extent that it may indemnify directors under this section; and

(3) A corporation, in addition, may indemnify and advance expenses to an officer, employee, or agent who is not a director to such further extent, consistent with law, as may be provided by its charter, bylaws, general or specific action of its board of directors, or contract.

(k) (1) A corporation may purchase and maintain insurance on behalf of any person who is or was a director, officer, employee, or agent of the corporation, or who, while a director, officer, employee, or agent of the corporation, is or was serving at the request of the corporation as a director, officer, partner, trustee, employee, or agent of another foreign or domestic corporation, partnership, joint venture, trust, limited liability company, other enterprise, or employee benefit plan against any liability asserted against and incurred by such person in any such capacity or arising out of such person’s position, whether or not the corporation would have the power to indemnify against liability under the provisions of this section.

(2) A corporation may provide similar protection, including a trust fund, letter of credit, or surety bond, not inconsistent with this section.

(3) The insurance or similar protection may be provided by a subsidiary or an affiliate of the corporation.

(l) Any indemnification of, or advance of expenses to, a director in accordance with this section, if arising out of a proceeding by or in the right of the corporation, shall be reported in writing to the stockholders with the notice of the next stockholders’ meeting or prior to the meeting.
Md. Code, Agriculture § 2-519 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-519
§2–519.
Status: in_force

(a) (1) In addition to any other remedies available at law or in equity and after an opportunity for a hearing, the board of trustees of the Foundation may impose a penalty on an owner of property that is subject to an easement granted under this subtitle for a violation of any provision of this subtitle, any regulation adopted in accordance with § 2–504 of this subtitle, or an easement acquired by the Foundation.

(2) Each day a violation occurs is a separate violation for purposes of this section.

(b) Before taking any action under this section, the Foundation shall provide the alleged violator with written notice of the proposed action, an opportunity for an informal meeting, and a reasonable time to correct the alleged violation.

(c) The penalty imposed on a person under this section shall be:

(1) Up to $2,500 for each violation;

(2) Not more than $50,000 total for any single administrative hearing; and

(3) Assessed with consideration given to the willfulness of the violation and the extent to which the existence of the violation was known to the violator but uncorrected by the violator.

(d) Penalties collected by the Foundation under this section shall be paid into the Maryland Agricultural Land Preservation Fund established under § 2–505 of this subtitle.

(e) The Foundation shall adopt regulations to carry out the provisions of this section.
Md. Code, Agriculture § 2-1707 — MD Code / Article gag / Title 2 / Subtitle 17 / Section 2-1707
§2–1707.
Status: in_force

(a) A person who violates this subtitle is subject to a civil penalty not exceeding $500.

(b) The criminal penalties under Title 12, Subtitle 1 of this article do not apply to this subtitle.
Md. Code, Courts and Judicial Proceedings § 2-101 — MD Code / Article gcj / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

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

(b) “Appellate court” means the Supreme Court of Maryland or the Appellate Court of Maryland.

(c) “Court” means the court in which the officer serves, but if the officer serves in a district of the District Court it means the District Court for the county or district in which he serves.

(d) “Decree” includes a judgment or order of a court.

(e) “Judge” means the judge of a court in which the officer serves.

(f) “Penalty” includes a fine or forfeiture.

(g) “Writ” includes a warrant, process, or summons.
Md. Code, Tax - General § 2-702 — MD Code / Article gtg / Title 2 / Subtitle 7 / Section 2-702
§2–702.
Status: in_force

If, under § 7-233(d) of this article, a register of wills certifies a refund relating to the inheritance tax, the Comptroller:

(1) shall authorize the register to pay the refund from inheritance tax revenue that the register has not paid into the State Treasury; or

(2) if the register does not have enough revenue, shall pay the refund from the General Fund of the State.
Md. Code, Criminal Procedure § 2-104.2 — MD Code / Article gcp / Title 2 / Subtitle 1 / Section 2-104.2
§2–104.
Status: in_force

§2–104.2.

(a) In this section, “sensitive location” has the meaning stated in § 6–111 of the State Government Article.

(b) (1) This subsection does not apply to a State or local correctional facility or a detention facility in a District Court or circuit court house.

(2) A public school, a public library, or a unit of the Executive Branch of State or local government that operates at a sensitive location shall deny access to any portion of the sensitive location that is not accessible to the general public to any individual who is seeking access for the purpose of enforcing federal immigration law, unless:

(i) the individual presents a valid warrant issued by a federal court; or

(ii) exigent circumstances exist.
Md. Code, Public Safety § 2-208 — MD Code / Article gps / Title 2 / Subtitle 2 / Section 2-208
§2–208.
Status: in_force

(a) (1) Salaries, expenses, and other costs incident to the operation of the Department and the performance of its duties, in accordance with the State budget, shall be disbursed in the manner required by law.

(2) The source of the Department’s money for the costs described in paragraph (1) of this subsection shall be determined in accordance with § 12-118 of the Transportation Article or as otherwise provided by law.

(b) Except as provided in § 2-311 of this title or as otherwise provided by law, all other money received by the Department shall be paid into the State Treasury and credited to the use of the Department.

(c) The finances of the Department are subject to audit as provided by law.
Md. Code, Public Utilities § 2-309 — MD Code / Article gpu / Title 2 / Subtitle 3 / Section 2-309
§2–309.
Status: in_force

Except as directed by the Commission or a court or as authorized by law, an individual subject to § 2-302 of this subtitle may not divulge information learned while inspecting the plant or examining the records of a public service company.
Md. Code, Human Services § 2-202 — MD Code / Article ghu / Title 2 / Subtitle 2 / Section 2-202
§2–202.
Status: in_force

(a) (1) With the advice and consent of the Senate, the Governor shall appoint the Secretary of Human Services.

(2) The Secretary is the head of the Department.

(b) Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution.

(c) (1) The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor.

(2) The Secretary shall advise the Governor on all matters assigned to the Department and is responsible for carrying out the Governor’s policies on those matters.

(d) The Secretary is entitled to the compensation provided in the State budget.

(e) The Secretary shall have a seal.
Md. Code, Health Occupations § 2-101 — MD Code / Article gho / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

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

(b) “Audiologist” means an individual who practices audiology.

(b–1) “Audiology assistant” means an individual who:

(1) Meets the minimum qualifications established under this subtitle and in regulations adopted by the Board;

(2) Does not work independently; and

(3) Works under the general supervision of an audiologist licensed under this title.

(c) “Board” means the State Board of Examiners for Audiologists, Hearing Aid Dispensers, Speech–Language Pathologists, and Music Therapists.

(d) “Direct supervision” means on–site and personal oversight by an individual licensed under this title who assumes responsibility for another individual’s conduct whether it is consistent or fails to be consistent with professional standards and the provisions of this title.

(d–1) “General supervision” means the supervision of a licensed audiology assistant by a licensed audiologist who may or may not be present when the licensed audiology assistant assists in the practice of audiology.

(e) “Hearing aid” means any FDA approved instrument or device that is designed for or represented as being capable of improving or correcting impaired human hearing.

(f) “Hearing aid dispenser” means an individual who practices hearing aid dispensing.

(g) “Hearing aid dispenser supervisor” means a licensed hearing aid dispenser or licensed audiologist who supervises a limited licensee who is studying hearing aid dispensing for the purpose of becoming eligible to sit for the licensure examination.

(h) (1) “Hearing aid dispensing” means performing, conducting, and interpreting hearing assessment procedures to determine the type and extent of hearing loss for the purpose of:

(i) Fitting and ordering suitable hearing instruments, including prescription hearing aids;

(ii) Selecting suitable hearing instruments;

(iii) Programming a hearing aid by selecting and determining the frequency response, compression, output, gain, or other parameters of the hearing aid for initial wear by an individual or any required alterations throughout the use of the hearing aid;

(iv) Making ear molds or ear impressions; and

(v) Providing appropriate counseling.

(2) “Hearing aid dispensing” includes:

(i) An act pertaining to the ordering, selling, renting, leasing, or delivering of a hearing instrument, including a prescription hearing aid; and

(ii) Providing maintenance or repair services for a hearing aid.

(i) “Hearing aid establishment” means an establishment that offers, advertises, or performs hearing aid dispensing.

(j) (1) “License” means, unless the context requires otherwise, a license issued by the Board to practice audiology, hearing aid dispensing, or speech–language pathology, or to assist in the practice of speech–language pathology or audiology.

(2) “License” includes, unless the context requires otherwise, a limited license.

(k) “Licensed audiologist” means, unless the context requires otherwise, an audiologist who is licensed by the Board to practice audiology.

(k–1) “Licensed audiology assistant” means, unless the context requires otherwise, an audiology assistant who is licensed by the Board to assist a licensed audiologist in the practice of audiology.

(l) “Licensed hearing aid dispenser” means, unless the context requires otherwise, a hearing aid dispenser who is licensed by the Board to practice hearing aid dispensing.

(m) “Licensed speech–language pathologist” means, unless the context requires otherwise, a speech–language pathologist who is licensed by the Board to practice speech–language pathology.

(n) “Licensed speech–language pathology assistant” means, unless the context requires otherwise, a speech–language pathology assistant who is licensed by the Board to assist a licensed speech–language pathologist in the practice of speech–language pathology.

(o) “Limited license” means a license issued by the Board to practice audiology, hearing aid dispensing, or speech–language pathology, or to assist in the practice of speech–language pathology as limited by §§ 2–310 through 2–310.3 of this title.

(p) “Oral competency” means the demonstration of general English–speaking proficiency by receiving a passing score on a standardized test that the Board has approved by regulation.

(q) (1) “Practice audiology” means to:

(i) Evaluate, diagnose, manage, and treat auditory or vestibular conditions in the human ear;

(ii) Prescribe, order, sell, dispense, or fit hearing aids to an individual for the correction or relief of a condition for which hearing aids are worn;

(iii) Prescribe, order, sell, dispense, or externally fit a sound processor to an osseo–integrated device for the correction or relief of a condition for which osseo–integrated devices are worn; and

(iv) Prescribe, order, sell, dispense, or externally fit a sound processor to a cochlear implant for the correction or relief of a condition for which cochlear implants are worn.

(2) “Practice audiology” includes:

(i) The conducting of health screenings;

(ii) The removal of a foreign body from the external auditory canal that is not impacted to the point it requires anesthesia;

(iii) The removal of cerumen from the external auditory canal that is not impacted to the point it requires anesthesia;

(iv) The ordering of cultures and bloodwork testing as it relates to the auditory or vestibular conditions in the human ear;

(v) The ordering and performing of in–office, nonradiographic scanning or imaging of the external auditory canal; and

(vi) The ordering of radiographic imaging as it relates to the auditory or vestibular conditions in the human ear.

(3) “Practice audiology” does not include:

(i) Surgery using an instrument, including a laser, a scalpel, a needle, cautery, a cryoprobe, or a suture, in which human tissue is cut, burned, vaporized, removed, or otherwise permanently altered by mechanical means, laser, ionizing radiation, ultrasound, or other means;

(ii) Osseo–integrated device surgery;

(iii) Cochlear implant surgery; or

(iv) The preparation, operation, or performance of radiographic imaging.

(r) “Practice speech–language pathology” means to apply the principles, methods, and procedures of measurement, prediction, evaluation, testing, counseling, consultation, and instruction that relate to the development and disorders of speech, voice, swallowing, and related language and hearing disorders, to prevent or modify the disorders or to assist individuals in cognition–language and communication skills.

(r–1) “Sound processor” means a nonsurgical, external unit that attaches to an internal osseo–integrated device or cochlear implant.

(s) “Speech–language pathologist” means an individual who practices speech–language pathology.

(t) “Speech–language pathology assistant” means an individual who:

(1) Meets the minimum qualifications established by the Board that shall be less stringent than those established by this title to license speech–language pathologists;

(2) Does not work independently; and

(3) Works under the direct supervision of a speech–language pathologist licensed under this title.

(u) “Telehealth” means the use of telecommunications and information technologies for the exchange of information from one site to another for the provision of health care to an individual from a provider through hardwire or Internet connection.
Md. Code, State Finance and Procurement § 2-104 — MD Code / Article gsf / Title 2 / Subtitle 1 / Section 2-104
§2–104.
Status: in_force

(a) On or before January 1 of each year, the Treasurer shall submit an annual report to the Governor and, subject to § 2-1257 of the State Government Article, to the General Assembly.

(b) (1) The report shall describe the activities and operation of the Office of the Treasurer during the preceding fiscal year.

(2) The report shall include:

(i) a statement on the management of State funds;

(ii) a statement on the interest earned on investments; and

(iii) a statement on the administration of the State Insurance Program and the State Insurance Trust Fund, including any recommendations for changes in their operation.
Md. Code, Criminal Law § 2-503 — MD Code / Article gcr / Title 2 / Subtitle 5 / Section 2-503
§2–503.
Status: in_force

(a) A person may not cause the death of another as a result of the person’s negligently driving, operating, or controlling a motor vehicle or vessel while:

(1) under the influence of alcohol; or

(2) under the influence of alcohol per se.

(b) A violation of this section is:

(1) homicide by motor vehicle or vessel while under the influence of alcohol; or

(2) homicide by motor vehicle or vessel while under the influence of alcohol per se.

(c) (1) Except as provided in paragraph (2) of this subsection, a person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

(2) (i) A person who violates this section, having previously been convicted under this section, § 2–209, § 2–210, § 2–504, § 2–505, § 2–506, or § 3–211 of this article, or § 21–902 of the Transportation Article, is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $10,000 or both.

(ii) For the purposes of application of subsequent offender penalties under subparagraph (i) of this paragraph, a conviction for a crime committed in another state or federal jurisdiction that, if committed in this State would constitute a violation of this section, § 2–209, § 2–210, § 2–504, § 2–505, § 2–506, or § 3–211 of this article, or § 21–902 of the Transportation Article, shall be considered a violation of this section.
Md. Code, Agriculture § 2-510 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-510
§2–510.
Status: reserved

(a) An owner of agricultural land whose application to sell an easement has been approved by the county under this subtitle may sell an easement to the Foundation on the contiguous acreage of the agricultural land, subject to the requirements of this subtitle and regulations of the Foundation.

(b) In order to be considered by the Foundation, an application to sell shall:

(1) Be received by the board at a time the board determines for the fiscal year in which the application is to be considered;

(2) Include an asking price at which the owner is willing to sell an easement; and

(3) Include a complete description of the land for the proposed easement.

(c) The board shall determine the maximum number of applications that it will accept from each county in each offer cycle.

(d) (1) Within 30 days after the receipt of an application from the county governing body, the Foundation shall notify the landowner and the county governing body of the receipt and sufficiency of the application.

(2) If the original application is insufficient, the Foundation shall specify the reason for insufficiency, and the Foundation shall grant an additional 30 days for the landowner to remedy the insufficiency.

(3) If the application is made sufficient within 30 days of the notification by the Foundation, the application shall be considered as if it had originally been submitted in a timely and sufficient manner.

(e) (1) If the application is submitted to the Foundation prior to county approval, then within 60 days of the notification of sufficiency of the application, the county governing body shall advise the Foundation as to the county’s approval or disapproval of the application.

(2) The Foundation shall grant a 30–day extension of this approval period if the county governing body applies to the Foundation for an extension and states its reasons for seeking an extension.

(f) (1) In determining which applications it shall approve for the purchase of the easements offered for sale in each fiscal year under this section, the Foundation:

(i) May approve only those applications in which the subject land meets the criteria and standards established under §§ 2–509 and 2–513 of this subtitle;

(ii) Except as provided in subparagraph (iii) of this paragraph, review the applications and submit offers to buy at the beginning of each offer cycle based on the approved priorities established by each eligible county for the preservation of agricultural land; and

(iii) For applications competing on a statewide basis following the initial round of offers, shall rank the applications and submit offers to buy in order of priority, as provided in paragraph (2) of this subsection.

(2) The Foundation shall adopt by regulation a standard priority ranking system for additional offers to buy by which it shall rank each application. The system shall be based on the following criteria as to the easements offered in any one county:

(i) The applications shall be assigned a rank in ascending order with respect to the proportion obtained by dividing the asking price by the State easement value. The resulting rank shall be the sole criterion for establishing the priority for discounted applications that include proportions of 1.0 or lower.

(ii) All additional applications which include proportions greater than 1.0 shall be assigned a numerical value that, in regard to the land for which the easement is offered, reflects:

1. The relative productive capacity of the land;

2. The extent to which the easement acquisition will contribute to the continued availability of agricultural suppliers and markets for agricultural goods; and

3. The priority recommendations of the local governing bodies.

(g) The Foundation may approve general allotted purchases of easements in a county not to exceed in aggregate value the amount allotted for that county under § 2–508(b) of this subtitle for the fiscal year in which such purchases are made, plus any amount of transferred local open space funds designated by the local governing body for general purchases.

(h) The Foundation may approve matching allotted purchases of easements in an eligible county such that the Foundation’s share will not exceed in aggregate value the amount allotted for that county under § 2–508(b) of this subtitle for that fiscal year.

(i) (1) On approval of a majority of the board members at–large, and on the recommendation of the Secretary, an application to sell shall be approved, and an offer to buy containing the specific terms of the purchase shall be tendered to the landowner.

(2) An offer to buy may specify terms, contingencies, and conditions not contained in the original application.

(j) (1) With respect to additional offers to buy tendered under § 2–508(c) of this subtitle, the Foundation may not tender such offers earlier than 30 days after the completion of allotted offers to buy in each offer cycle.

(2) A landowner has 30 days from the date of any offer to buy in which to accept or reject the offer.

(k) (1) (i) At the time of settlement of the purchase of an easement, the landowner and the Foundation may agree on and establish a schedule of payment such that the landowner may receive consideration for the easement in a lump sum, in installments over a period of up to 10 years from the date of settlement, or as provided in an installment purchase agreement under paragraph (3) of this subsection.

(ii) At the time of settlement, the Foundation shall notify in writing each landowner who sells an agricultural easement to the Foundation of the schedule of anticipated ranges of interest rates to be paid on any unpaid balance after the date of settlement.

(2) (i) If a schedule of installments is agreed on, the Comptroller shall retain in the Maryland Agricultural Land Preservation Fund an amount of money sufficient to pay the landowner according to the schedule.

(ii) 1. The landowner shall receive interest on any unpaid balance remaining after the date of settlement.

2. The State Treasurer shall invest the unpaid balance remaining after the date of settlement in a certificate or certificates of deposit at the maximum interest rate offered by a bank servicing the State or at such other institutions which pay the maximum interest rates payable on time and savings deposits at federally insured commercial banks selected by the Treasurer, to mature in accordance with an agreed on schedule of installments as provided in this section.

3. Any interest earned on the invested unpaid balance shall be paid with the installment when due, less 1/4 of 1 percent.

(3) (i) The Foundation may pay the landowner according to a schedule, up to a maximum term of 15 years, established in an installment purchase agreement.

(ii) The installment purchase agreement shall:

1. Require that the Foundation make annual equal payments to the landowner of interest on the outstanding balance of the purchase price;

2. Require that the Foundation pay the landowner the remainder of the purchase price at the end of the term;

3. State the total amount of money the Foundation will pay the landowner, the interest rate, and the terms of the agreement; and

4. Require that the easement be recorded within 30 days of settlement.

(l) (1) After the Foundation has expended allotted funds for a fiscal year in offers to purchase, the Foundation shall notify all landowners whose applications had been rejected during that fiscal year. The Foundation shall specify the reasons for that rejection.

(2) A landowner who rejects an offer from the Foundation to purchase an easement on the same land during two consecutive years, for a reason other than insufficient Foundation funds, may not reapply to sell an easement on the same land for the following two consecutive years.

(m) Notwithstanding any other provision of law, for each offer cycle as provided in this section, records relating to a landowner’s ranking, asking price, or Foundation offer shall be confidential and not subject to public inspection until after the end of the cycle, as determined by the Foundation.
Md. Code, State Finance and Procurement § 2-106 — MD Code / Article gsf / Title 2 / Subtitle 1 / Section 2-106
§2–106.
Status: in_force

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

(2) “Bond” means any evidence of debt.

(3) “Official” includes:

(i) a comptroller;

(ii) a chief financial officer; and

(iii) a treasurer.

(4) “Public body” means:

(i) a unit of the State government; or

(ii) a county, municipal corporation, public corporation, special authority, or other political subdivision of the State.

(b) If a public body is authorized to incur debt to be redeemed from the proceeds of any tax or levy, an authorized official of the public body shall submit to the State Treasurer:

(1) on or before January 1 of each year, a report on bonds anticipated to be issued during the next 7-month period; and

(2) on or before July 1 of each year, a report on bonds anticipated to be issued during the next 7-month period.

(c) (1) A report under this section shall be in the form the State Treasurer requires.

(2) The report shall include:

(i) a statement of the amount of bonds that the public body expects to issue during the period that the report covers; and

(ii) for each issue of bonds, a statement of:

1. the month and part of the month during which the bonds will be issued;

2. the term for which the bonds will be outstanding; and

3. whether the bonds will be sold at a public or private sale.

(d) (1) The State Treasurer shall prepare:

(i) on or before January 31 of each year, a compilation of the information in the reports submitted for the current January 1 to July 31 period; and

(ii) on or before July 31 of each year, a compilation of the information in the reports submitted for the current July 1 to January 31 period.

(2) The compilation shall include any additions or corrections to the information in the reports.

(3) The State Treasurer shall send a copy of the compilation to each official who submitted a report included in the compilation.

(e) The State Treasurer shall:

(1) make the reports and compilations available for inspection during normal business hours; and

(2) provide a copy of a report or compilation to any person who first pays to the State Treasurer a fee to cover costs.

(f) (1) An official is not personally liable for failure to submit a report under this section.

(2) Failure to submit the report or to comply with other requirements of this section does not affect:

(i) the authority of a public body to incur debt; or

(ii) the validity of any debt that the public body incurs.
Md. Code, Correctional Services § 2-106 — MD Code / Article gcs / Title 2 / Subtitle 1 / Section 2-106
§2–106.
Status: in_force

(a) In accordance with the State budget, the Secretary may employ a staff attached to the office of the Secretary.

(b) The Secretary may designate a staff assistant to be in charge of a particular area of responsibility in the office of the Secretary.

(c) (1) (i) The Secretary shall appoint each staff assistant in the office of the Secretary in charge of a particular area of responsibility and each professional consultant.

(ii) An employee specified in subparagraph (i) of this paragraph:

1. is in the executive service or management service of, or is a special appointment under, the State Personnel Management System; and

2. serves at the pleasure of the Secretary.

(2) Unless otherwise provided by law, the Secretary shall appoint and remove all other employees in the office of the Secretary in accordance with the provisions of the State Personnel and Pensions Article.
Md. Code, Environment § 2-404.1 — MD Code / Article gen / Title 2 / Subtitle 4 / Section 2-404.1
§2–404.
Status: in_force

§2–404.1.

(a) Except for an applicant who elects to proceed under subsection (d) of this section, a final decision by the Department on the issuance, renewal, or revision of an operating permit issued pursuant to Title V of the federal Clean Air Act Amendments of 1990 is subject to judicial review by any person who:

(1) Meets the threshold standing requirements under federal constitutional law; and

(2) Participated in a public participation process through the submission of written or oral comments, unless an opportunity for public participation was not required by statute or regulation.

(b) Judicial review shall be on the administrative record before the Department and limited to objections raised during the public comment period, unless the petitioner demonstrates:

(1) That the objections were not reasonably ascertainable during the comment period; or

(2) That grounds for the objections arose after the comment period.

(c) Unless otherwise required by statute, a petition for judicial review by a person who meets the requirements of subsection (a) of this section shall be filed with the circuit court for the county in which any party resides or has a principal place of business.

(d) (1) An applicant for an air quality operating permit may seek judicial review in accordance with Title 10, Subtitle 2 of the State Government Article.

(2) Except for an applicant as described in paragraph (1) of this subsection, a person is not entitled to a contested case hearing regarding Title V operating permits.
Md. Code, Commercial Law § 2A-527 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-527
§2A–527.
Status: in_force

(1) After a default by a lessee under the lease contract of the type described in § 2A-523(1) or § 2A-523(3)(a) or after the lessor refuses to deliver or takes possession of goods (§ 2A-525 or § 2A-526), or, if agreed, after other default by a lessee, the lessor may dispose of the goods concerned or the undelivered balance thereof in good faith and without unreasonable delay by lease, sale, or otherwise.

(2) Except as otherwise provided with respect to damages liquidated in the lease agreement (§ 2A–504) or otherwise determined pursuant to agreement of the parties (§§ 1–302 and 2A–503), if the disposition is by lease agreement substantially similar to the original lease agreement and the new lease agreement is made in good faith and in a commercially reasonable manner, the lessor may recover from the lessee as damages (i) accrued and unpaid rent as of the date of the commencement of the term of the new lease agreement, (ii) the present value, as of the same date, of the total rent for the then remaining lease term of the original lease agreement minus the present value, as of the same date, of the rent under the new lease agreement applicable to that period of the new lease term which is comparable to the then remaining term of the original lease agreement, and (iii) any incidental damages allowed under § 2A–530, less expenses saved in consequence of the lessee’s default.

(3) If the lessor’s disposition is by lease agreement that for any reason does not qualify for treatment under subsection (2) or is by sale or otherwise, the lessor may recover from the lessee under § 2A-528 as if the lessor had elected not to dispose of the goods and § 2A-528 governs.

(4) A subsequent buyer or lessee who buys or leases from the lessor in good faith for value as a result of a disposition under this section takes the goods free of the original lease contract and any rights of the original lessee even though the lessor fails to comply with one or more of the requirements of this title.

(5) The lessor is not accountable to the lessee for any profit made on any disposition.
Md. Code, Real Property § 2-109 — MD Code / Article grp / Title 2 / Subtitle 1 / Section 2-109
§2–109.
Status: in_force

A covenant by the grantor in a deed that the grantee “shall quietly enjoy the land” has the same effect as if he had covenanted that the grantee at any time thereafter might peaceably and quietly enter on, and have, hold, and enjoy the land granted by the deed, or intended to be granted, with all the rights, privileges, and appurtenances belonging to it, and to receive the rents and profits for his use and benefit, without any eviction, interruption, suit, claim, or demand by the grantor and free from any claim or demand by any other person.
Md. Code, Real Property § 2-116 — MD Code / Article grp / Title 2 / Subtitle 1 / Section 2-116
§2–116.
Status: in_force

(a) If a grant, deed, covenant, or bequest of any land or personal property is to a trustee whose title is nominal only and who has no express power of disposition or management of the property, and is to be held for a beneficiary expressly designated in it, the grant, deed, covenant, or bequest is void as to the trustee, and is a direct grant, deed, covenant, or bequest to the beneficiary.

(b) If a trust is created by grant, deed, covenant, or bequest of any land or personal property in which the trustee has duties other than nominal to perform at the inception of or during the term of the trust, but later because of the death of a life tenant or other occurrence the trust terminates or there remains only nominal duties to perform, the legal estate in the corpus of the trust then vests in the beneficiaries of the trust, even though the instrument creating the trust specifically requires a grant of the legal estate, unless the trustee is required to make partition or division by the terms of the creating instrument.

(c) This section is not applicable to any deed of trust given as security for the payment of a debt or the performance of an obligation.

(d) Notwithstanding the repeal of the British Statute of Uses, executory interests and powers of appointment are valid in the State, subject to the rule against perpetuities as modified by §§ 11–102 and 11–102.1 of the Estates and Trusts Article.
Md. Code, Financial Institutions § 2-108 — MD Code / Article gfi / Title 2 / Subtitle 1 / Section 2-108
§2–108.
Status: in_force

(a) The Commissioner shall charge and collect, in advance, the following nonrefundable fees:

(1) An examination fee for a new commercial bank charter under § 3–203 of this article......................................................................................................$15,000

(2) A filing fee for an agreement of consolidation, merger, or transfer of assets under § 3–703 of this article:

(i) Between two commercial banks $3,000

(ii) Among three or more commercial banks $5,000

(3) An application fee for a banking institution to have an affiliate under § 5–403 of this article $750

(4) A fee for a conversion of a national banking association, a federal stock savings and loan association, or a federal stock savings bank into a commercial bank under § 3–801 of this article or a federal mutual savings bank into a savings bank under § 4–701.1 of this article:

(i) Filing fee $7,000

(ii) Examination fee $3,000

(5) Subject to subsection (b) of this section, a branch fee for:

(i) An application of a banking institution or other–state bank to open a branch under §§ 5–1003 and 5–1005(a) of this article $600;

or

(ii) An expedited notice of a banking institution or other–state bank to open a branch under §§ 5–1003 and 5–1005(b) of this article $400

(6) An application fee for a foreign banking permit under § 12–208 of this article......................................................................................................................$500

(7) A renewal fee for a foreign banking permit under § 12–210 of this article..............................................................................................................................$500

(8) A fee for a certificate of valid charter:

(i) If requested by or on behalf of a banking institution $25

(ii) If requested by or on behalf of a person other than a banking institution.........................................................................................................................$50

(9) A fee for a certified copy of a document $50

(10) An application fee for conversion of a savings bank to a capital stock commercial bank under § 4–703 of this article………………………………….$5,000

(b) The branch fee under subsection (a)(5) of this section does not apply to:

(1) A branch that is acquired by a banking institution through a merger or consolidation with, or transfer to the banking institution of all or substantially all of the assets of, a bank or an insured depository institution; or

(2) An other–state bank chartered by a state that does not charge a fee to a banking institution for establishing a branch in that state.
Md. Code, State Government § 2-502 — MD Code / Article gsg / Title 2 / Subtitle 5 / Section 2-502
§2–502.
Status: in_force

There is a Joint Committee on Administrative, Executive, and Legislative Review, which is a joint committee of the Senate and the House.
Md. Code, Agriculture § 2-316 — MD Code / Article gag / Title 2 / Subtitle 3 / Section 2-316
§2–316.
Status: in_force

The provisions of this subtitle creating the State Board of Veterinary Medical Examiners and relating to the regulation of veterinarians and any regulations promulgated under this subtitle are of no effect and may not be enforced after July 1, 2031.
Md. Code, Agriculture § 2-510.1 — MD Code / Article gag / Title 2 / Subtitle 5 / Section 2-510.1
§2–510.
Status: in_force

§2–510.1.

(a) The Foundation may make a grant to purchase an easement on a property selected by the Foundation to a county with a program, approved by the Foundation, to purchase easements using installment purchase agreements.

(b) The Foundation may only approve a county’s installment purchase program if the program is used to purchase easements using installment purchase agreements that:

(1) Require the county to make annual equal payments to the landowner of interest on the outstanding balance of the purchase price;

(2) Require that the county pay the landowner the remainder of the purchase price at the end of the term;

(3) State the total amount of money the county will pay the landowner, the interest rate, and the terms of the agreement; and

(4) Require that the easement be recorded within 30 days of settlement.

(c) An easement purchased using a grant provided under this section shall be jointly held by the county and the Foundation.

(d) An easement purchased using a grant provided under this section may not terminate.
Md. Code, Criminal Procedure § 2-208.1 — MD Code / Article gcp / Title 2 / Subtitle 2 / Section 2-208.1
§2–208.
Status: in_force

§2–208.1.

(a) In this section, “Montgomery County fire and explosive investigator” means an individual who:

(1) is assigned full time to the Fire and Explosive Investigations Unit of the Montgomery County Fire and Rescue Service and is a paid employee;

(2) has been employed by the Montgomery County Fire and Rescue Service as a firefighter/rescuer for at least 5 years;

(3) has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article; and

(4) at all times maintains active certification by the Maryland Police Training and Standards Commission.

(b) Except as provided in subsection (c) of this section, a Montgomery County fire and explosive investigator has the same authority granted to the State Fire Marshal or a full-time investigative and inspection assistant of the Office of the State Fire Marshal under § 2-208 of this subtitle:

(1) while operating in Montgomery County; and

(2) while operating outside Montgomery County when:

(i) the Montgomery County fire and explosive investigator is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction;

(ii) the Montgomery County fire and explosive investigator is rendering assistance to another law enforcement officer;

(iii) the Montgomery County fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or

(iv) an emergency exists.

(c) The Montgomery County Fire Chief:

(1) may limit the authority of a Montgomery County fire and explosive investigator under this section; and

(2) shall express the limitation in a written policy.
Md. Code, State Government § 2-1223.1 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1223.1
§2–1223.
Status: in_force

§2–1223.1.

On the preliminary completion of an examination of a public senior higher education institution by the Office of Legislative Audits, the Legislative Auditor shall send a copy of the discussion notes of the examination relating to any preliminary findings of substantial fiscal impropriety to the following individuals and governing boards of the respective institutions that were subject to the examination:

(1) the Chancellor of the University System of Maryland and the University System of Maryland Board of Regents Audit Committee;

(2) the President of Morgan State University and the Finance and Facilities Committee of the Board of Regents of Morgan State University; or

(3) the President of St. Mary’s College of Maryland and the Finance, Investment, and Audit Committee of the Board of Trustees of St. Mary’s College of Maryland.
Md. Code, Commercial Law § 2-312 — MD Code / Article gcl / Title 2 / Subtitle 3 / Section 2-312
§2–312.
Status: in_force

(1) Subject to subsection (2) there is in a contract for sale a warranty by the seller that

(a) The title conveyed shall be good, and its transfer rightful; and

(b) The goods shall be delivered free from any security interest or other lien or encumbrance of which the buyer at the time of contracting has no knowledge.

(2) A warranty under subsection (1) will be excluded or modified only by specific language or by circumstances which give the buyer reason to know that the person selling does not claim title in himself or that he is purporting to sell only such right or title as he or a third person may have.

(3) Unless otherwise agreed a seller who is a merchant regularly dealing in goods of the kind warrants that the goods shall be delivered free of the rightful claim of any third person by way of infringement or the like but a buyer who furnishes specifications to the seller must hold the seller harmless against any such claim which arises out of compliance with the specifications.
Md. Code, Corporations and Associations § 2-601 — MD Code / Article gca / Title 2 / Subtitle 6 / Section 2-601
§2–601.
Status: in_force

(a) A corporation having capital stock may amend or restate its charter as provided in this subtitle.

(b) Compliance with the provisions of this subtitle is not required in the case of a charter amendment adopted under articles of merger.
Md. Code, Alcoholic Beverages and Cannabis § 2-505 — MD Code / Article gab / Title 2 / Subtitle 5 / Section 2-505
§2–505.
Status: in_force

(a) The annual fee for a general statewide caterer’s license is $2,000.

(b) (1) The annual fees for a limited statewide caterer’s license are:

(i) for designated jurisdictions that have a total population of not more than 300,000, $750;

(ii) for designated jurisdictions that have a total population of more than 300,000 but less than 600,000, $1,000; and

(iii) for designated jurisdictions that have a total population of at least 600,000, $1,500.

(2) The fee for a limited statewide caterer’s license is based on the most recent population records of the designated jurisdictions in which the applicant or limited statewide caterer’s license holder provides catering services, as compiled by the Maryland Department of Health.

(c) (1) Subject to paragraph (2) of this subsection, an applicant for a general statewide or limited statewide caterer’s license that holds a retail license that may be annually renewed and a special catering license or that is required to pay an additional fee to provide catering services in the applicant’s jurisdiction is entitled to a credit against the license fee.

(2) The credit may be granted if:

(i) the credit does not exceed the additional catering fee required to be paid in the jurisdiction; and

(ii) after the credit is applied against the license fee, at least a $250 fee remains to be paid.
Md. Code, Public Utilities § 2-201 — MD Code / Article gpu / Title 2 / Subtitle 2 / Section 2-201
§2–201.
Status: in_force

In this subtitle, “residential and noncommercial users” means:

(1) residential users of gas, electricity, telephones, or water and sewerage; and

(2) noncommercial users of other services regulated by the Commission.
Md. Code, Courts and Judicial Proceedings § 2-505 — MD Code / Article gcj / Title 2 / Subtitle 5 / Section 2-505
§2–505.
Status: in_force

(a) The number of positions in the office of clerk of a circuit court shall be as provided in the budget.

(b) The procedure for appointment and removal of personnel in the clerk’s office shall be as provided by rules adopted by the Supreme Court of Maryland. Those rules may provide whether the positions shall be in the State Personnel Management System or in the personnel system of the Judicial Branch.

(c) The compensation for the positions in the clerk’s office shall be set by the Chief Justice.
Md. Code, Commercial Law § 2-719 — MD Code / Article gcl / Title 2 / Subtitle 7 / Section 2-719
§2–719.
Status: in_force

(1) Subject to the provisions of subsections (2) and (3) of this section and of the preceding section on liquidation and limitation of damages,

(a) The agreement may provide for remedies in addition to or in substitution for those provided in this title and may limit or alter the measure of damages recoverable under this title, as by limiting the buyer’s remedies to return of the goods and repayment of the price or to repair and replacement of nonconforming goods or parts; and

(b) Resort to a remedy as provided is optional unless the remedy is expressly agreed to be exclusive, in which case it is the sole remedy.

(2) Where circumstances cause an exclusive or limited remedy to fail of its essential purpose, remedy may be had as provided in Titles 1 through 10 of this article.

(3) Consequential damages may be limited or excluded unless the limitation or exclusion is unconscionable. Limitation of consequential damages for injury to the person in the case of consumer goods is prima facie unconscionable but limitation of damages where the loss is commercial is not.
Md. Code, Alcoholic Beverages and Cannabis § 2-136 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-136
§2–136.
Status: in_force

(a) There is a retail off–site permit.

(b) (1) The Executive Director may issue the permit to a holder of a license issued by a local licensing board:

(i) that allows the license holder to sell alcoholic beverages to the public for off–premises consumption; and

(ii) other than a chain store.

(2) The holder of a permit shall notify the local licensing board of the jurisdiction in which the off–site event will be held that the permit has been issued.

(c) (1) A permit may be used only:

(i) at not more than three farmers’ markets in the jurisdiction in which the local license has been issued, that are listed in the farmers’ market directory of the Maryland Department of Agriculture;

(ii) on invitation by a holder of a nonprofit beer, wine, and liquor festival permit, at the location of the permit, if the festival is located in the jurisdiction in which the local license has been issued or in an adjoining jurisdiction; and

(iii) during the hours of operation of the farmers’ market or the nonprofit beer, wine, and liquor festival.

(2) A permit authorizes the holder to:

(i) at a farmers’ market, offer and sell beer, wine, and liquor produced by State–licensed manufacturers to consumers for consumption off the licensed premises;

(ii) at a nonprofit beer, wine, and liquor festival, offer and sell beer, wine, and liquor to consumers for consumption on and off the licensed premises; and

(iii) provide at no charge samples of:

1. beer, not to exceed 4 fluid ounces;

2. wine, not to exceed 1 fluid ounce; and

3. liquor, not to exceed four samples that do not exceed one–quarter of 1 fluid ounce.

(d) The fee is $100.
Md. Code, Transportation § 2-607 — MD Code / Article gtr / Title 2 / Subtitle 6 / Section 2-607
§2–607.
Status: in_force

(a) In this section, “Program” means the Maryland Pedestrian Safety Program.

(b) There is a Pedestrian Safety Program within the Department.

(c) The Program is funded by:

(1) The Highway Safety Operating Program of the State Highway Administration; and

(2) Any other moneys accepted for the benefit of the Program from any governmental or private source.

(d) (1) The Secretary shall award grants under the Program to counties, municipalities, and nonprofit organizations to carry out the provisions of this section.

(2) When awarding grants under the Program, the Secretary shall consider any matching fund an applicant proposes to provide.

(e) Counties, municipalities, and nonprofit organizations may apply for grants under the Program for the following purposes:

(1) To educate automobile drivers and pedestrians about methods to increase pedestrian safety;

(2) To enhance efforts to enforce State and local motor vehicle laws that protect the safety of pedestrians;

(3) To design or redesign intersections to increase pedestrian safety and access; and

(4) To enhance safe pedestrian access to transit facilities as defined in § 3-101 of this article.

(f) The Secretary shall establish procedures for counties, municipalities, and nonprofit organizations to apply for grants under the Program.
Md. Code, Family Law § 2-402 — MD Code / Article gfl / Title 2 / Subtitle 4 / Section 2-402
§2–402.
Status: in_force

(a) An applicant for a license may apply to the clerk only at the office of the clerk during regular office hours.

(b) Except as provided in subsection (d) of this section, to apply for a license, one of the parties to be married shall:

(1) appear before the clerk and give, under oath, the following information, which shall be placed on an application form by the clerk:

(i) the full legal name of each party;

(ii) the place of residence of each party;

(iii) the date of birth of each party;

(iv) whether the parties are related by blood or marriage and, if so, in which degree of relationship;

(v) the marital status of each party; and

(vi) whether either party was married previously, and the date and place of each death or judicial determination that ended any former marriage;

(2) sign the application form; and

(3) provide the clerk with:

(i) the Social Security number of each party who has a Social Security number; and

(ii) a copy of an official government–issued birth certificate or other official government–issued document or record demonstrating the age of each party.

(c) The Social Security numbers of the parties:

(1) shall be included in the electronic file for the marriage license application; and

(2) except as provided in § 4–334 of the General Provisions Article, may not be disclosed as part of the public record of the marriage license application.

(d) (1) If the parties to be married are not residents of the county where the marriage ceremony is to be performed, the clerk shall accept, instead of the application specified in subsection (b) of this section, an affidavit from one of the parties to be married.

(2) The affidavit required under paragraph (1) of this subsection shall:

(i) contain the information required by subsection (b) of this section; and

(ii) be sworn to under oath before a clerk or other comparable official in the county, state, province, or country where the party resides.

(e) Until a license becomes effective, a clerk may not disclose the fact that an application for a license has been made except to the parent or guardian of a party to be married.
Md. Code, Family Law § 2-407 — MD Code / Article gfl / Title 2 / Subtitle 4 / Section 2-407
§2–407.
Status: in_force

(a) An individual may not knowingly make any material false statement to obtain or to help another individual to obtain a license or marriage ceremony in violation of this title or of any order of court under § 2-405 of this subtitle.

(b) An individual who violates the provisions of this section is guilty of perjury.
Md. Code, Environment § 2-203 — MD Code / Article gen / Title 2 / Subtitle 2 / Section 2-203
§2–203.
Status: in_force

From among the Council members, the Secretary shall appoint a chairman and a vice chairman.
Md. Code, Environment § 2-1103 — MD Code / Article gen / Title 2 / Subtitle 11 / Section 2-1103
§2–1103.
Status: in_force

To minimize the administrative impact of the program and to minimize the impact of motor vehicle emissions generated out of state on the air quality of this State, the Department:

(1) May adopt California regulations, procedures, and certification data by reference; and

(2) May work in cooperation with, and enter into contracts or agreements with, California, other states, and the District of Columbia to administer certification, in–use compliance, inspection, recall, and warranty requirements for the program.
Md. Code, Commercial Law § 2A-306 — MD Code / Article gcl / Title 2A / Subtitle 3 / Section 2A-306
§2A–306.
Status: in_force

If a person in the ordinary course of his business furnishes services or materials with respect to goods subject to a lease contract, a lien upon those goods in the possession of that person given by statute or rule of law for those materials or services is enforceable and takes priority over any interest of the lessor or lessee under the lease contract or this title unless the lien is created by statute and the statute provides otherwise or unless the lien is created by rule of law and the rule of law provides otherwise.
Md. Code, State Government § 2-904 — MD Code / Article gsg / Title 2 / Subtitle 9 / Section 2-904
§2–904.
Status: in_force

(a) The President and the Speaker jointly shall appoint a chair and a vice chair of the Committee.

(b) (1) The President shall appoint a chair of the Senate members of the Committee.

(2) The Speaker shall appoint a chair of the House members of the Committee.
Md. Code, Financial Institutions § 2-104 — MD Code / Article gfi / Title 2 / Subtitle 1 / Section 2-104
§2–104.
Status: in_force

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

(2) “Applicant” means an applicant for employment with the Commissioner.

(3) “Central Repository” means the Criminal Justice Information System Central Repository of the Department of Public Safety and Correctional Services.

(4) “Employee” means a full–time or part–time employee of the Commissioner, including a temporary employee or a contractual employee.

(b) The Commissioner may employ a staff in accordance with the State budget.

(c) The Commissioner shall apply to the Central Repository for a State and national criminal history records check for each applicant prior to an offer of employment.

(d) The Commissioner may apply to the Central Repository for a State and national criminal history records check for an employee.

(e) As part of the application for a criminal history records check, the Commissioner shall submit to the Central Repository:

(1) Two complete sets of the legible fingerprints taken on forms approved by the Director of the Central Repository and the Director of the Federal Bureau of Investigation;

(2) The fee authorized under § 10–221(b)(7) of the Criminal Procedure Article for access to Maryland criminal history records; and

(3) The mandatory processing fee required by the Federal Bureau of Investigation for a national criminal history records check.

(f) In accordance with §§ 10–201 through 10–234 of the Criminal Procedure Article, the Central Repository shall forward to the subject applicant or employee and the Commissioner the applicant’s or employee’s criminal history record information.

(g) Information obtained from the Central Repository under this section:

(1) Shall be confidential;

(2) May not be redisseminated; and

(3) Shall be used only for the employment purpose authorized by this section.

(h) The subject of a criminal history records check under this section may contest the contents of the printed statement issued by the Central Repository as provided in § 10–223 of the Criminal Procedure Article.

(i) In considering any felony or misdemeanor conviction of an individual as it relates to the individual’s qualification for employment with the Commissioner, the Commissioner shall consider:

(1) The nature of the crime;

(2) The relevance of the crime to the duties and responsibilities related to employment;

(3) The length of time since the conviction; and

(4) The behavior and activities of the individual since the conviction.
Md. Code, Family Law § 2-503 — MD Code / Article gfl / Title 2 / Subtitle 5 / Section 2-503
§2–503.
Status: in_force

(a) At the intervals that the Secretary of Health sets, each clerk shall send to the Secretary:

(1) a copy of the record of each marriage that the clerk licenses and records;

(2) a report of each divorce that the court grants;

(3) a report of each annulment of a marriage that the court:

(i) grants; or

(ii) effects by entering a conviction of bigamy or of marrying within any prohibited degree; and

(4) a report of any change in a marriage, divorce, or annulment record, in which the clerk shall certify that the change is correct and conforms to the corresponding record of the clerk.

(b) The report of a divorce or annulment or of a change in a marriage, divorce, or annulment record shall be made on the form that the Secretary of Health provides.

(c) (1) The Secretary of Health may make photostatic, photographic, or microphotographic copies of the original marriage records of a clerk.

(2) The Secretary of Health may not remove any original marriage record from the custody of the clerk.

(3) The Secretary of Health shall:

(i) make the copies in a manner that does not interfere with the orderly transaction of business by the clerk; and

(ii) bear the cost of making the copies.

(d) The clerk may not receive any extra compensation for sending a report or record to the Secretary or for making records available to the Secretary.

(e) A clerk who violates any provision of this section is guilty of a misdemeanor and on conviction is subject to a fine of $10 for each offense.
Md. Code, Health Occupations § 2-4A-23 — MD Code / Article gho / Title 2 / Subtitle 4A / Section 2-4A-23
§2–4A–23.
Status: in_force

Unless authorized to practice music therapy under this subtitle, an individual may not:

(1) Represent to the public that the individual is a licensed music therapist; or

(2) Use any title, abbreviation, sign, card, or other representation that the individual is a licensed music therapist.
Md. Code, Real Property § 2-121 — MD Code / Article grp / Title 2 / Subtitle 1 / Section 2-121
§2–121.
Status: in_force

(a) In this section, “family child care home” means a unit:

(1) Registered under Title 9.5, Subtitle 3 of the Education Article; and

(2) In which the family child care provider or one or more of the children cared for resides.

(b) This section does not apply to a recorded covenant or restriction affecting property that is:

(1) Governed by the provisions of Title 11B of this article;

(2) Part of a condominium regime governed by Title 11 of this article; or

(3) Part of a cooperative housing corporation.

(c) (1) A recorded covenant or restriction in a deed that prohibits or restricts commercial or business activity in general, but does not expressly apply to family child care homes, may not be construed to prohibit or restrict the establishment or operation of family child care homes.

(2) The operation of a family child care home shall be considered a residential activity for purposes of construing a covenant or restriction described in paragraph (1) of this subsection.

(d) The provisions of this section do not apply to:

(1) A building containing more than four dwelling units located on one parcel of property or at one location;

(2) A covenant or restriction imposed in connection with a loan made or purchased by the Community Development Administration under Title 4, Subtitle 2 of the Housing and Community Development Article; or

(3) A lease.
Md. Code, Commercial Law § 2A-529 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-529
§2A–529.
Status: in_force

(1) After default by the lessee under the lease contract of the type described in § 2A-523(1) or § 2A-523(3)(a) or, if agreed, after other default by the lessee, if the lessor complies with subsection (2), the lessor may recover from the lessee as damages:

(a) For goods accepted by the lessee and not repossessed by or tendered to the lessor, and for conforming goods lost or damaged after risk of loss passes to the lessee (§ 2A-219), (i) accrued and unpaid rent as of the date of entry of judgment in favor of the lessor, (ii) the present value as of the same date of the rent for the then remaining lease term of the lease agreement, and (iii) any incidental damages allowed under § 2A-530, less expenses saved in consequence of the lessee’s default; and

(b) For goods identified to the lease contract where the lessor has never delivered the goods or has taken possession of them or the lessee has effectively tendered them back to the lessor if the lessor is unable after reasonable effort to dispose of them at a reasonable price or the circumstances reasonably indicate that such an effort will be unavailing, (i) accrued and unpaid rent as of the date of entry of judgment in favor of the lessor, (ii) the present value as of the same date of the rent for the then remaining lease term of the lease agreement, and (iii) any incidental damages allowed under § 2A-530, less expenses saved in consequence of the lessee’s default.

(2) Except as provided in subsection (3), the lessor shall hold for the lessee for the remaining lease term of the lease agreement any goods that have been identified to the lease contract and are in the lessor’s control.

(3) The lessor may dispose of the goods at any time before collection of the judgment for damages obtained pursuant to subsection (1). If the disposition is before the end of the remaining lease term of the lease agreement, the lessor’s recovery against the lessee for damages is governed by §§ 2A-527 and 2A-528, and the lessor will cause an appropriate credit to be provided against a judgment for damages to the extent that the amount of the judgment exceeds the recovery available pursuant to § 2A-527 or § 2A-528.

(4) Payment of the judgment for damages obtained pursuant to subsection (1) entitles the lessee to the use and possession of the goods not then disposed of for the remaining lease term and in accordance with the lease agreement.

(5) After a lessee has wrongfully rejected or revoked acceptance of goods, has failed to pay rent then due, or has repudiated (§ 2A-402), a lessor who is held not entitled to rent under this section must nevertheless be awarded damages for nonacceptance under § 2A-527 or § 2A-528.
Md. Code, Environment § 2-1303.3 — MD Code / Article gen / Title 2 / Subtitle 13 / Section 2-1303.3
§2–1303.
Status: in_force

§2–1303.3.

(a) In this section, “Working Group” means the Energy Resilience and Efficiency Working Group of the Commission.

(b) The Commission shall establish an Energy Resilience and Efficiency Working Group.

(c) The Working Group shall include:

(1) One member of the Senate of Maryland, appointed by the President of the Senate;

(2) One member of the House of Delegates, appointed by the Speaker of the House;

(3) The Secretary, or the Secretary’s designee;

(4) The Director of the Maryland Energy Administration;

(5) Three representatives of the nuclear energy industry, selected by the Director of the Maryland Energy Administration;

(6) Three representatives of the energy transmission infrastructure industry, selected by the Public Service Commission; and

(7) Three representatives of the energy storage and backup industry, selected by the Secretary.

(d) The Secretary shall designate the chair of the Working Group.

(e) The Department shall provide staff for the Working Group.

(f) A member of the Working Group:

(1) May not receive compensation as a member of the Working Group; but

(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(g) The Working Group shall:

(1) Advise the Commission on issues and opportunities related to energy infrastructure improvements, transmission efficiency improvements, and battery backup viability; and

(2) Conduct a study of:

(i) Methods for the State to encourage electricity storage technology research;

(ii) Methods of increasing the security of the electricity grid by supporting distributed renewable energy projects and energy storage with the potential to supply electric energy to critical facilities during a widespread power outage;

(iii) Potential electric grid distribution transformation projects;

(iv) The potential to develop clean energy resources on previously developed project sites; and

(v) The lifespan and viability of energy facilities in the State that do not emit greenhouse gas, including:

1. Solar energy generating facilities;

2. Nuclear energy generating facilities;

3. Wind energy generating facilities;

4. Geothermal energy generating facilities;

5. Hydroelectric energy generating facilities; and

6. Biofuel energy generating facilities.

(h) On or before December 31, 2023, the Working Group shall report to the Commission and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the findings of the study required under subsection (g)(2) of this section.
Md. Code, Family Law § 2-404 — MD Code / Article gfl / Title 2 / Subtitle 4 / Section 2-404
§2–404.
Status: in_force

(a) (1) The fee for a license is $10.

(2) The clerk shall:

(i) retain $5 of the fee; and

(ii) pay $5 of the fee into the general fund of the county.

(3) (i) A party to be married may obtain a replacement for a valid marriage license while the license is valid.

(ii) The fee for a replacement license is $10, payable into the General Fund of the State.

(b) Except as otherwise provided in this section:

(1) any county or group of 2 or more counties may set an additional fee of up to $25 for each license; and

(2) the proceeds shall be used to fund domestic violence programs.

(c) In Anne Arundel County:

(1) the County Council may set by ordinance an additional fee of up to $45 for each license;

(2) the clerk shall pay the proceeds from the additional fee to the general fund of the county each month; and

(3) the County Council shall distribute the proceeds to promote or fund domestic violence programs.

(d) In Baltimore City:

(1) the Mayor and City Council shall set by resolution an additional fee of up to $75 for each license;

(2) the clerk shall pay the proceeds from the additional fee to the Mayor and City Council each month; and

(3) the proceeds shall be used to fund domestic violence programs that have 24–hour intake ability.

(e) In Baltimore County:

(1) in addition to the fee authorized under subsection (b)(1) of this section, the County Council may set by resolution an additional fee of up to $15 for each license;

(2) the clerk shall pay the proceeds from the additional fee to the Director of Finance of the county each month;

(3) the proceeds, in addition to designated federal, State, and county funds, shall be used to fund battered spouse shelters and domestic violence programs established under Title 4, Subtitle 5 of this article; and

(4) the County Executive shall prepare and make available an annual report on or before December 1 of each year on the disposition of fees collected under this subsection during the previous fiscal year.

(f) In Calvert County:

(1) the Board of County Commissioners may set an additional fee of up to $55 for each license;

(2) the clerk shall pay the proceeds from the additional fee to the County Commissioners each month; and

(3) the proceeds shall be used to fund battered spouse shelters and domestic violence programs in Calvert County.

(g) In Cecil County:

(1) the Board of County Commissioners shall set an additional fee of $20 for each license;

(2) the clerk shall pay the proceeds from the additional fee to the County Treasurer each month;

(3) the proceeds in addition to designated federal funds and county funds shall be given to the Cecil County Department of Social Services Advisory Board to be used to fund battered spouse shelters and domestic violence programs; and

(4) the Cecil County Department of Social Services Advisory Board shall prepare and make available to the Board of County Commissioners an annual report on or before December 1 of each year of the disposition of fees collected under this subsection during the previous fiscal year.

(h) In Charles County:

(1) the Board of County Commissioners may set an additional fee of up to $35 for each license;

(2) the clerk shall pay the proceeds from the additional fee to the County Commissioners each month; and

(3) the proceeds shall be used to fund domestic violence programs located in Charles County.

(i) In Frederick County:

(1) the Board of County Commissioners may set an additional fee, in an amount not to exceed $65, for each license;

(2) the clerk shall pay the proceeds from the additional fee to the County Commissioners each month; and

(3) the proceeds, in addition to designated federal, State, and county funds, shall be used to fund domestic violence programs established under Title 4, Subtitle 5 of this article.

(j) In Garrett County:

(1) the Board of County Commissioners may set an additional fee of up to $40 for each license;

(2) the clerk shall pay the proceeds from the additional fee to the County Commissioners each month; and

(3) the proceeds shall be used to fund domestic violence programs in Garrett County.

(k) In Harford County:

(1) the County Council may set by resolution an additional fee of up to $40 for each license;

(2) the clerk shall:

(i) retain 3% of the proceeds from the additional fee for processing;

(ii) pay $5 of the proceeds from each license to the Harford County Sexual Assault/Spousal Abuse Resource Center, Inc.; and

(iii) pay the remaining proceeds to the Treasurer of Harford County each month;

(3) the county:

(i) shall use the proceeds, in addition to designated federal, State, and county funds, to fund battered spouse shelters and domestic violence programs; and

(ii) may make in-kind contributions to battered spouse and domestic violence programs; and

(4) the County Executive shall prepare and make available an annual report on or before December 1 of each year on the disposition of fees collected under this subsection during the previous fiscal year.

(l) In Howard County:

(1) the County Council may set by resolution an additional fee of up to $50 for each license;

(2) the clerk shall pay the proceeds from the additional fee to the Director of Finance of the county each month;

(3) the proceeds, in addition to designated federal, State, and county funds, shall be used to fund battered spouse shelters and domestic violence programs established under Title 4, Subtitle 5 of this article; and

(4) the County Executive shall prepare and make available an annual report on or before December 1 of each year on the disposition of fees collected under this subsection during the previous fiscal year.

(m) In Montgomery County:

(1) the County Council may set by resolution an additional fee of up to $45 for each license;

(2) the clerk shall pay the proceeds from the additional fee to the Director of Finance of the county each month;

(3) the proceeds, in addition to designated federal, State, and county funds, shall be used to fund battered spouse shelters and domestic violence programs; and

(4) the County Executive shall prepare and make available an annual report on or before December 1 of each year on the disposition of fees collected under this subsection during the previous fiscal year.

(n) In Prince George’s County:

(1) the County Council may set by resolution an additional fee of up to $60 for each license;

(2) the clerk shall pay the proceeds from the additional fee to the Director of Finance of the county, who shall distribute the proceeds to the Community Crisis Services, Inc., each month;

(3) if the Community Crisis Services, Inc., changes its name or objectives or ceases to exist, the proceeds, in addition to designated federal, State, and county funds, shall be used to fund battered spouse shelters and domestic violence programs; and

(4) the County Executive shall prepare and make available an annual report on or before December 1 of each year on the disposition of fees collected under this subsection during the previous fiscal year.

(o) In Washington County:

(1) the Board of County Commissioners may set an additional fee of up to $50 for each license;

(2) the clerk shall pay the proceeds from the additional fee to the County Commissioners each month; and

(3) the proceeds shall be used to fund battered spouse shelters and domestic violence programs in Washington County.
Md. Code, Agriculture § 2-310 — MD Code / Article gag / Title 2 / Subtitle 3 / Section 2-310
§2–310.
Status: in_force

The Board may refuse, suspend, or revoke any application or license, and censure or place on probation any licensee after a hearing, if the veterinarian or veterinary practitioner:

(1) Is unable to practice veterinary medicine competently due to a physical or mental disability;

(2) Is convicted of a violation of any federal or State law relating to prescription drugs, a controlled dangerous substance under Title 5, Subtitle 4 of the Criminal Law Article, or a controlled substance as defined by 21 U.S.C. § 812;

(3) Is convicted of a felony, or of a crime involving moral turpitude;

(4) Is convicted of violating any provision of this subtitle, any unlawful or fraudulent practice, or any fraudulent, misleading, or deceptive representation or advertising concerning his professional qualifications or the quality of materials or drugs used by him in his professional work or in the treatment of animals;

(5) Has a final judgment entered against him in a civil malpractice case involving gross personal negligence;

(6) Obtains the license by fraud or misrepresentation, either in the application, or in passing the examination;

(7) Is guilty of employing or permitting to practice veterinary medicine any person who does not hold a license to practice veterinary medicine in the State;

(8) Fails to comply with Board rules or regulations after receiving a license;

(9) Is grossly negligent or deliberately cruel to an animal;

(10) Is determined by four members to be professionally incompetent as a veterinary practitioner;

(11) Is disciplined by a licensing authority of another state, including the suspension or revocation of a license to practice veterinary medicine, for an act that would be grounds for disciplinary action under this section;

(12) Fails to comply with animal cruelty or animal fighting reporting requirements under § 2–313.1 of this subtitle; or

(13) Willfully violates the cat declawing prohibition under § 2–313.3 of this subtitle.
Md. Code, Health Occupations § 2-314.3 — MD Code / Article gho / Title 2 / Subtitle 3 / Section 2-314.3
§2–314.
Status: in_force

§2–314.3.

While practicing hearing aid dispensing, a hearing aid dispenser may not misrepresent the place of business of the person by use of the word “clinic” or any similar word, abbreviation, or symbol to indicate falsely that a medical service is provided at that place.
Md. Code, Courts and Judicial Proceedings § 2-310 — MD Code / Article gcj / Title 2 / Subtitle 3 / Section 2-310
§2–310.
Status: in_force

(a) The sheriff of a county may establish and administer reasonable guidelines in accordance with this section for disposing of abandoned, lawfully confiscated, or recovered property that is in the possession of the sheriff’s office.

(b) The guidelines shall provide that:

(1) (i) After lawfully confiscated property has been in the possession of the sheriff for a period of one year, notice of the sale of the property shall be given by registered or certified mail to those persons entitled to its possession and to those lienholders whose names and addresses can be ascertained by the exercise of reasonable diligence; and

(ii) After abandoned or recovered property has been in the possession of the sheriff for a period of 90 days, notice of the sale of the property shall be given by registered or certified mail to those persons entitled to its possession and to those lienholders whose names and addresses can be ascertained by the exercise of reasonable diligence;

(2) The property may be sold at public auction after a description of the property and the time, place, and terms of the sale have been published in a newspaper of general circulation in the county in each of 2 successive weeks;

(3) The amount received from the sale of property in accordance with this section shall be distributed in the following order of priority:

(i) To the sheriff, in an amount equal to the expense of the sale and all expenses incurred while the property was in the sheriff’s custody;

(ii) To lienholders in order of their priority; and

(iii) Subject to the provisions of item (4) of this subsection, to the general fund of the county; and

(4) At any time within 3 years from the date of the sale of the property, any person submitting satisfactory proof of the person’s right to the possession of the property shall be paid, without interest, the amount distributed to the general fund pursuant to item (3) of this subsection, and after the expiration of 3 years from the date of the sale, any claims shall be absolutely barred.
Md. Code, Insurance § 2-503 — MD Code / Article gin / Title 2 / Subtitle 5 / Section 2-503
§2–503.
Status: in_force

(a) The Commissioner shall collect the annual assessment fee from each insurer as calculated in § 2-502 of this subtitle.

(b) The assessment fee collected under this section is:

(1) in addition to any penalties or premium tax imposed under this article; and

(2) due and payable to the Commissioner on or before a date determined by the Commissioner each year.

(c) (1) Failure by an insurer to pay the assessment fee on or before the due date shall subject the insurer to the provisions of §§ 4-113 and 4-114 of this article.

(2) In addition to paragraph (1) of this subsection, an assessment fee not paid on or before the due date may be subject to a penalty of 5% and interest at the rate determined under § 13-701(b)(1) of the Tax - General Article from the due date until payment is made to the Commissioner.

(3) If an additional amount is found to be due after the assessment fee has been paid to the Commissioner, the additional amount is subject to interest at 6% from the due date until payment is made to the Commissioner.

(d) The total amount of the assessment fee collected by the Commissioner shall be deposited in the Fund.

(e) This section does not affect any requirement otherwise established by law for the payment of premium taxes by an insurer.
Md. Code, Criminal Procedure § 2-208.6 — MD Code / Article gcp / Title 2 / Subtitle 2 / Section 2-208.6
§2–208.
Status: in_force

§2–208.6.

(a) In this section, “fire and explosive investigator” means an individual who:

(1) is assigned full–time to the Fire Investigations Division of the Howard County Fire Marshal’s Office and is a paid employee;

(2) has been employed by the Howard County Fire Department as a firefighter for at least 5 years;

(3) has successfully completed a training program from a police training school approved by the Maryland Police Training and Standards Commission established under Title 3, Subtitle 2 of the Public Safety Article; and

(4) at all times maintains active certification by the Maryland Police Training and Standards Commission.

(b) Except as provided in subsection (c) of this section, a fire and explosive investigator has the same authority granted to the State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal under § 2–208 of this subtitle:

(1) while operating in Howard County; and

(2) while operating outside Howard County when:

(i) the fire and explosive investigator is participating in a joint investigation with officials from another state, federal, or local law enforcement unit, at least one of which has local jurisdiction;

(ii) the fire and explosive investigator is rendering assistance to another law enforcement officer;

(iii) the fire and explosive investigator is acting at the request of a law enforcement officer or State law enforcement officer; or

(iv) an emergency exists.

(c) The Howard County Fire Chief:

(1) may limit the authority of a fire and explosive investigator under this section; and

(2) shall express the limitation in a written policy.
Md. Code, State Government § 2-1236 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1236
§2–1236.
Status: in_force

(a) Subject to subsection (b) of this section, a performance evaluation conducted by the Office shall be made at the offices of the State unit, county officer or unit, corporation, association, or local school system that is subject to examination.

(b) If considered appropriate and after consultation with the unit or body being examined, the Director may authorize all or a portion of a performance evaluation to be conducted at the offices of the Office.

(c) Before the Office removes the original or only copy of any record from the premises of a State unit, county unit, or a school system, the Office shall obtain the approval of the State unit, county unit, or the school system.
Md. Code, State Government § 2-1010 — MD Code / Article gsg / Title 2 / Subtitle 10 / Section 2-1010
§2–1010.
Status: in_force

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

(2) “Internal Revenue Code” means Title 26 of the United States Code.

(3) “Private activity bond” has the meaning stated in § 141 of the Internal Revenue Code.

(4) “State issuer” means the State of Maryland or any agency of the State of Maryland with authority to issue private activity bonds.

(b) On or before January 15 of each year, any State issuer of private activity bonds shall report, subject to § 2–1257 of this title, to the Committee:

(1) the actual level of private activity bonds issued in the prior year; and

(2) the projected level of private activity bonds to be issued in the current year.
Md. Code, Tax - General § 2-1101 — MD Code / Article gtg / Title 2 / Subtitle 11 / Section 2-1101
§2–1101.
Status: in_force

From the motor fuel tax revenue the Comptroller shall distribute the amount necessary to pay refunds relating to the motor fuel tax and the motor carrier tax to a refund account.
Md. Code, Financial Institutions § 2-120 — MD Code / Article gfi / Title 2 / Subtitle 1 / Section 2-120
§2–120.
Status: in_force

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

(2) “Board” means the State Collection Agency Licensing Board established under Title 7 of the Business Regulation Article.

(3) “Fund” means the Non–Depository Special Fund established under this section.

(4) “License” means any license issued by the Commissioner or the Board under applicable law.

(5) “License category” refers to all licenses issued by either the Commissioner or the Board under any of the following provisions:

(i) Title 11, Subtitle 2 of this article;

(ii) Title 11, Subtitle 3 of this article;

(iii) Title 11, Subtitle 4 of this article;

(iv) Title 11, Subtitle 5 of this article;

(v) Title 11, Subtitle 6 of this article;

(vi) Title 12, Subtitle 1 of this article;

(vii) Title 12, Subtitle 4 of this article;

(viii) Title 12, Subtitle 9 of this article; or

(ix) Title 7 of the Business Regulation Article.

(6) “Licensed person” means any person required by law to be licensed by either the Commissioner or the Board, regardless of whether the person maintains the required license.

(7) “Registered person” means any person required by law to be registered by the Commissioner or the Board, regardless of whether the person maintains the required registration.

(8) “Regulated person” means:

(i) A licensed person or registered person; or

(ii) Any person otherwise engaging in activity subject to a provision of law, regulation, rule, or order over which the Commissioner has jurisdiction, other than activity subject to any of Titles 3 through 9 of this article.

(b) There is a Non–Depository Special Fund that consists of:

(1) All revenues received from licensing fees from each licensed person;

(2) All revenues received from registration fees from each registered person;

(3) All revenues received from annual assessments under subsection (h) of this section;

(4) Income from the investments that the State Treasurer makes for the Fund; and

(5) Any other fee, examination or investigation fee or assessment, or revenue received by the Commissioner or the Board with respect to any regulated person.

(c) Notwithstanding subsection (b) of this section:

(1) The Commissioner and the Board shall pay all fines and penalties collected from any regulated person into the General Fund of the State; and

(2) Revenue received by the Commissioner for use of the Foreclosed Property Registry established under Title 7 of the Real Property Article shall be paid by the Commissioner to the Foreclosed Property Registry Fund established under § 7–105.14 of the Real Property Article.

(d) The purpose of the Fund is to cover the direct and indirect costs of fulfilling the statutory and regulatory duties of the Commissioner and the Board related to regulated persons.

(e) (1) The annual State budget shall include the costs and expenses of the Commissioner and the Board relating to subsection (d) of this section.

(2) Any expenditures from the Fund to cover costs and expenses of the Commissioner and the Board relating to subsection (d) of this section may be made only:

(i) With an appropriation from the Fund approved by the General Assembly in the annual State budget; or

(ii) By the budget amendment procedure under § 7–209 of the State Finance and Procurement Article.

(3) If, in any fiscal year, the amount of the revenue collected by the Commissioner and the Board and deposited into the Fund exceeds the actual appropriation for the Commissioner and the Board under paragraph (2)(i) of this subsection, the excess amount shall be carried forward within the Fund.

(f) (1) The State Treasurer is the custodian of the Fund.

(2) The State Treasurer shall deposit payments received from the Commissioner and the Board into the Fund.

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

(ii) The Fund may not be deemed a part of the General Fund of the State.

(2) Unless otherwise provided by law, no part of the Fund may revert or be credited to:

(i) The General Fund of the State; or

(ii) Any other special fund of the State.

(h) (1) In order to ensure the Fund contains sufficient amounts to achieve its purpose under subsection (d) of this section, the Commissioner may impose an annual assessment on any licensed person not more than once each year.

(2) In calculating an assessment with respect to any licensed person, the Commissioner may consider:

(i) The costs incurred by the Commissioner or the Board in supervising licensed persons of that license category;

(ii) The type of business conducted in the State by that licensed person;

(iii) The volume of business that licensed person conducts in the State;

(iv) Assets of the licensed person; and

(v) Any other factor the Commissioner considers appropriate.

(3) A licensed person shall pay any assessment imposed under this section to the Commissioner within 30 calendar days after the assessment is imposed.

(4) (i) Failure by a licensed person to timely pay an annual assessment under this section is a violation of this section.

(ii) The Commissioner may take action for the violation against the licensed person and the license under applicable law.
Md. Code, Commercial Law § 2A-508 — MD Code / Article gcl / Title 2A / Subtitle 5 / Section 2A-508
§2A–508.
Status: in_force

(1) If a lessor fails to deliver the goods in conformity to the lease contract (§ 2A-509) or repudiates the lease contract (§ 2A-402), or a lessee rightfully rejects the goods (§ 2A-509) or justifiably revokes acceptance of the goods (§ 2A-517), then with respect to any goods involved, and with respect to all of the goods if under an installment lease contract the value of the whole lease contract is substantially impaired (§ 2A-510), the lessor is in default under the lease contract and the lessee may:

(a) Cancel the lease contract (§ 2A-505(1));

(b) Recover so much of the rent and security as has been paid and is just under the circumstances;

(c) Cover and recover damages as to all goods affected whether or not they have been identified to the lease contract (§§ 2A-518 and 2A-520), or recover damages for nondelivery (§§ 2A-519 and 2A-520);

(d) Exercise any other rights or pursue any other remedies provided in the lease contract.

(2) If a lessor fails to deliver the goods in conformity to the lease contract or repudiates the lease contract, the lessee may also:

(a) If the goods have been identified, recover them (§ 2A-522); or

(b) In a proper case, obtain specific performance or replevy the goods (§ 2A-521).

(3) If a lessor is otherwise in default under a lease contract, the lessee may exercise the rights and pursue the remedies provided in the lease contract, which may include a right to cancel the lease, and in § 2A-519(3).

(4) If a lessor has breached a warranty, whether express or implied, the lessee may recover damages (§ 2A-519(4)).

(5) Subject to the provisions of § 2A-407, a lessee, on notifying the lessor of the lessee’s intention to do so, may deduct all or any part of the damages resulting from any default under the lease contract from any part of the rent still due under the same lease contract.
Md. Code, Alcoholic Beverages and Cannabis § 2-112 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-112
§2–112.
Status: in_force

(a) There is a change of domicile permit.

(b) Subject to subsection (c) of this section, the permit authorizes the holder, when changing domicile to the State, to transport into the State the permit holder’s private stock of alcoholic beverages for personal consumption.

(c) The permit holder may not transport into the State the permit holder’s private stock of alcoholic beverages for personal consumption unless the taxes imposed under § 5–102 of the Tax – General Article have been paid.

(d) The permit fee:

(1) is $5; and

(2) covers only a specific transaction.
Md. Code, Corporations and Associations § 2-611 — MD Code / Article gca / Title 2 / Subtitle 6 / Section 2-611
§2–611.
Status: in_force

(a) When articles of amendment become effective, the amendment becomes part of the charter of the corporation.

(b) When the Department accepts articles of restatement for record:

(1) If they were not approved in the manner required for a charter amendment, they become evidence of the charter; and

(2) If the articles were approved in the manner required for a charter amendment, they become the charter of the corporation and supersede all prior charter documents.

(c) When articles of amendment and restatement become effective, they become the charter of the corporation and supersede all prior charter documents.
Md. Code, Insurance § 2-201 — MD Code / Article gin / Title 2 / Subtitle 2 / Section 2-201
§2–201.
Status: in_force

(a) The Commissioner may bring an action in a court of competent jurisdiction to enforce this article or an order issued by the Commissioner under this article.

(b) The Commissioner shall be represented by the Attorney General, an assistant Attorney General, or another attorney at law designated by the Attorney General.

(c) Whenever the Commissioner believes that a person has committed a violation of this article for which criminal prosecution is provided, the Commissioner shall refer the alleged violation to:

(1) the State’s Attorney for the county where the violation allegedly occurred or the person resides; or

(2) the Attorney General, if the alleged violation is statewide and not local in nature.

(d) (1) The Commissioner may investigate any complaint that alleges that a fraudulent claim has been submitted to an insurer.

(2) If the Commissioner finds that a complaint has merit, the Commissioner may refer the complaint to an appropriate law enforcement authority, including the Attorney General, for appropriate action.

(e) The Commissioner may enforce the provisions of this article, and may impose any penalty or remedy authorized by this article, against a person that is under investigation for or charged with a violation of this article if:

(1) the person’s certificate of authority, certificate of qualification, license, or registration is no longer in effect; and

(2) the alleged violation occurred no more than 5 years before surrender or lapse of the certificate, license, or registration.
Md. Code, Real Property § 2-118 — MD Code / Article grp / Title 2 / Subtitle 1 / Section 2-118
§2–118.
Status: reserved

(a) Any restriction prohibiting or limiting the use of water or land areas, or any improvement or appurtenance thereto, for any of the purposes listed in subsection (b) of this section whether drafted in the form of an easement, covenant, restriction, or condition, creates an incorporeal property interest in the water or land areas, or the improvement or appurtenance thereto, so restricted, which is enforceable in both law and equity in the same manner as an easement or servitude with respect to the water or land areas, or the improvement or appurtenance thereto, if the restriction is executed in compliance with the requirements of this article for the execution of deeds or the Estates and Trusts Article for the execution of wills.

(b) A restriction as provided in subsection (a) of this section may be for any of the following purposes:

(1) Construction, placement, preservation, maintenance in a particular condition, alteration, removal, or decoration of buildings, roads, signs, billboards or other advertising, utilities, or other structures on or above the ground;

(2) Dumping or placing of soil or other substance or material as landfill, or dumping or placing of trash, waste, or other materials;

(3) Excavation, dredging, or removal of loam, peat, gravel, soil, rock, or other material substance in a manner as to affect the surface or otherwise alter the topography of the area;

(4) Removal or destruction of trees, shrubs, or other vegetation;

(5) Surface use except for purposes of preserving the water or land areas, or the improvement or appurtenance thereto;

(6) Activities affecting drainage, flood control, water conservation, erosion control, soil conservation, or fish or wildlife habitat preservation;

(7) Preservation of exposure of solar energy devices; or

(8) Other acts or uses having any relation to the preservation of water or land areas or the improvement or appurtenance thereto.

(c) If the restriction is not granted for the benefit of any dominant tract of land, it is enforceable with respect to the servient land, both at law and in equity, as an easement in gross, and as such it is inheritable and assignable.

(d) A restriction provided for by this section may be extinguished or released, in whole or in part, in the same manner as other easements.

(e) If any grant, reservation, dedication, devise, or gift of any nature which clearly indicates the maker’s intention to subject any interest or estate in property to public use for the preservation of agricultural, historic, or environmental qualities fails to specify a grantee, donee, legatee, or beneficiary to receive the same or specifies a grantee, donee, legatee, or beneficiary who is not legally capable of taking the interest or estate, it passes to the Maryland Agricultural Land Preservation Foundation, the Maryland Historical Trust, or the Maryland Environmental Trust in any proceedings under §§ 14–301 and 14–302 of the Estates and Trusts Article.

(f) (1) If an easement, covenant, restriction, or condition has been granted, devised, dedicated, reserved, or donated to the Maryland Agricultural Land Preservation Foundation, the Maryland Historical Trust, the Maryland Environmental Trust, another land trust as defined in § 3–2A–01 of the Natural Resources Article, a county, or the Department of Natural Resources, a notice of the easement, covenant, restriction, or condition may be recorded in the land records of the county in which the property interest is located.

(2) A notice recorded under paragraph (1) of this subsection must:

(i) State the name and current address of the current holder of the easement, covenant, restriction, or condition;

(ii) Contain a statement that the easement, covenant, restriction, or condition is still in effect as of the date of the notice;

(iii) Contain the recording information for the original easement, covenant, restriction, or condition and the recording information for any associated amendment or corrective document; and

(iv) State the name of the fee simple owner of the land encumbered by the original easement, covenant, restriction, or condition as of the date of the notice.

(3) A notice recorded under paragraph (1) of this subsection shall be indexed among the land records under the name of:

(i) The holder of the easement, covenant, restriction, or condition; and

(ii) The fee simple owner specified in the notice.

(4) Failure to record a notice in accordance with the requirements of this subsection does not impair the rights or interests of the holders of the easement, covenant, restriction, or condition.
Md. Code, Business Occupations and Professions § 2-402.1 — MD Code / Article gbo / Title 2 / Subtitle 4 / Section 2-402.1
§2–402.
Status: in_force

§2–402.1.

(a) To qualify for a permit, a limited liability company shall meet the requirements of this section.

(b) The limited liability company shall:

(1) have at least a simple majority of the officers, shareholders, members, or managers, in terms of financial interest and voting rights, be licensed in a state;

(2) (i) have a permanent office in the State from which an individual is licensed to practice certified public accountancy; or

(ii) have at least a simple majority of the officers, shareholders, members, or managers retain a principal place of business in this State;

(3) hold a valid license issued under § 2–301 of this title; and

(4) comply with regulations adopted by the Board.

(c) An individual who is not licensed to practice certified public accountancy in this State or another state may have an ownership interest in the limited liability company if:

(1) a simple majority of the ownership of the limited liability company, in terms of financial interests and voting rights, is held by individuals licensed to practice certified public accountancy in this or another state; and

(2) the individual is an active participant in the limited liability company or affiliated entities.
Md. Code, Corporations and Associations § 2-206 — MD Code / Article gca / Title 2 / Subtitle 2 / Section 2-206
§2–206.
Status: in_force

(a) The consideration for the issuance of stock, convertible securities, warrants, or options may consist in whole or in part of:

(1) Money;

(2) Tangible or intangible property;

(3) Labor or services actually performed for the corporation;

(4) A promissory note or other obligation for future payment in money; or

(5) Contracts for labor or services to be performed.

(b) The corporation may place in escrow shares issued for a contract for future labor or services or a promissory note or other obligation for future payment in money, or make other arrangements to restrict the transfer of the shares, and may credit distributions in respect of the shares against their purchase price, until the labor or services are performed or the note or other obligation for future payment in money is paid. If the labor or services are not performed or the note or other obligation for future payment in money is not paid, the shares escrowed or restricted and the distributions credited may be canceled in whole or in part.

(c) When the corporation receives the consideration for which stock or convertible securities are to be issued, the stock or convertible securities are fully paid and nonassessable.

(d) Notwithstanding any other provision of the Maryland General Corporation Law, a corporation may issue shares of its stock without consideration for the purpose of qualifying the corporation as a real estate investment trust under the Internal Revenue Code.
Md. Code, Human Services § 2-211 — MD Code / Article ghu / Title 2 / Subtitle 2 / Section 2-211
§2–211.
Status: in_force

(a) The Secretary is responsible for planning activities of the Department.

(b) The Secretary may review and approve, disapprove, or revise the plans, proposals, and projects of units in the Department.
Md. Code, Corporations and Associations § 2-406 — MD Code / Article gca / Title 2 / Subtitle 4 / Section 2-406
§2–406.
Status: in_force

(a) The stockholders of a corporation may remove any director, with or without cause, by the affirmative vote of a majority of all the votes entitled to be cast generally for the election of directors, except:

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

(2) As otherwise provided in the charter of the corporation; or

(3) For a corporation that has elected to be subject to § 3–804(a) of this article.

(b) Unless the charter of the corporation provides otherwise:

(1) If the stockholders of any class or series are entitled separately to elect one or more directors, a director elected by stockholders of that class or series may not be removed without cause except by the affirmative vote of a majority of all the votes of that class or series;

(2) If a corporation has cumulative voting for the election of directors and fewer than all directors are to be removed, a director may not be removed without cause if the votes cast against the director’s removal would be sufficient to elect the director if then cumulatively voted at an election of the entire board of directors, or, if there is more than one class of directors, at an election of the class of directors of which the director is a member; and

(3) If the directors have been divided into classes, a director may not be removed without cause.

(c) A resignation of a director given in writing or by electronic transmission may provide that:

(1) The resignation will be effective at a later time or on the occurrence of an event;

(2) The resignation is irrevocable on the occurrence of the event; and

(3) If the resignation will be effective on the failure of the director to receive a specified vote for reelection, the resignation is irrevocable.
Md. Code, Criminal Procedure § 2-207 — MD Code / Article gcp / Title 2 / Subtitle 2 / Section 2-207
§2–207.
Status: in_force

(a) Correctional employees assigned by the Commissioner of Correction to monitor incarcerated individuals on home detention under Title 3, Subtitle 4 of the Correctional Services Article have the same powers to arrest incarcerated individuals in the home detention program as are set forth in this title for police officers.

(b) Parole and probation employees assigned by the Director of Parole and Probation to supervise offenders on home detention under § 6–108 of the Correctional Services Article have the same powers to arrest these offenders as are set forth in this title for police officers.

(c) Correctional officers designated by the Commissioner of Correction under § 3–216 of the Correctional Services Article have the same powers to arrest persons on the property of a correctional facility of the Division of Correction as are set forth in this title for police officers.

(d) Correctional officers designated by the managing official of a local correctional facility under § 11–802 of the Correctional Services Article have the same powers to arrest persons on the property of the facility as are set forth in this title for police officers.
Md. Code, Business Occupations and Professions § 2-401 — MD Code / Article gbo / Title 2 / Subtitle 4 / Section 2-401
§2–401.
Status: in_force

(a) A firm shall hold a permit issued by the Board if the firm:

(1) has an office in this State that performs attest services as defined in § 2–101(c) of this title; or

(2) has an office in this State that uses the title “CPA” or “CPA firm”.

(b) A firm that does not have an office in this State may perform attest services as defined in § 2–101(c) of this title for a client in this State without a permit if the firm:

(1) meets the application and peer review requirements under §§ 2–402, 2–402.1, and 2–403 of this subtitle and § 2–4A–02 of this title; and

(2) performs services through an individual with a practice privilege under § 2–321 of this title in the state where the individual with a practice privilege retains a principal place of business.

(c) The Board shall grant or renew a permit to practice as a CPA firm to a partnership, limited liability company, or corporation that demonstrates its qualifications in accordance with this section.

(d) If a firm does not meet the requirements of this section, the firm may perform professional services other than attest services while using the title “CPA” or “CPA firm” in this State without a permit, if the firm:

(1) performs those services through an individual with a practice privilege provided under § 2–321 of this title; and

(2) performs those services in the state where the individual with a practice privilege retains a principal place of business.
Md. Code, Commercial Law § 2-503 — MD Code / Article gcl / Title 2 / Subtitle 5 / Section 2-503
§2–503.
Status: in_force

(1) Tender of delivery requires that the seller put and hold conforming goods at the buyer’s disposition and give the buyer any notification reasonably necessary to enable him to take delivery. The manner, time and place for tender are determined by the agreement and this title, and in particular

(a) Tender must be at a reasonable hour, and if it is of goods they must be kept available for the period reasonably necessary to enable the buyer to take possession; but

(b) Unless otherwise agreed the buyer must furnish facilities reasonably suited to the receipt of the goods.

(2) Where the case is within the next section respecting shipment tender requires that the seller comply with its provisions.

(3) Where the seller is required to deliver at a particular destination tender requires that he comply with subsection (1) and also in any appropriate case tender documents as described in subsections (4) and (5) of this section.

(4) Where goods are in the possession of a bailee and are to be delivered without being moved

(a) Tender requires that the seller either tender a negotiable document of title covering such goods or procure acknowledgment by the bailee of the buyer’s right to possession of the goods; but

(b) Tender to the buyer of a nonnegotiable document of title or of a record directing the bailee to deliver is sufficient tender unless the buyer seasonably objects, and except as otherwise provided in Title 9 receipt by the bailee of notification of the buyer’s rights fixes those rights as against the bailee and all third persons; but risk of loss of the goods and of any failure by the bailee to honor the nonnegotiable document of title or to obey the direction remains on the seller until the buyer has had a reasonable time to present the document or direction, and a refusal by the bailee to honor the document or to obey the direction defeats the tender.

(5) Where the contract requires the seller to deliver documents

(a) He must tender all such documents in correct form, except as provided in this title with respect to bills of lading in a set (subsection (2) of § 2-323); and

(b) Tender through customary banking channels is sufficient and dishonor of a draft accompanying or associated with the documents constitutes nonacceptance or rejection.
Md. Code, Transportation § 2-101 — MD Code / Article gtr / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

There is a Department of Transportation, established as a principal department of the State government.
Md. Code, Alcoholic Beverages and Cannabis § 2-135 — MD Code / Article gab / Title 2 / Subtitle 1 / Section 2-135
§2–135.
Status: in_force

(a) There is a nonresident winery permit.

(b) The Executive Director may issue the permit to a person that:

(1) is licensed outside the State to engage in the manufacture of wine;

(2) produces not more than 27,500 gallons of its own wine annually; and

(3) does not hold a nonresident dealer’s permit under § 2–124 of this subtitle.

(c) The permit authorizes the holder to sell and deliver its own wine from a location outside the State to a holder of a permit or retail license in the State authorized to acquire the wine.

(d) The permit holder shall comply with requirements that apply to a holder of a Class 6 limited wine wholesaler’s license under:

(1) this article;

(2) the Tax – General Article; and

(3) the regulations of the Comptroller or the Executive Director.

(e) The permit fee is $50.
Md. Code, State Finance and Procurement § 2-402 — MD Code / Article gsf / Title 2 / Subtitle 4 / Section 2-402
§2–402.
Status: in_force

(a) The State shall pay its share of:

(1) the annual operating costs of furnishing water and sewer service to any State facility; and

(2) the lateral system construction costs associated with the installation of any water or sewer line that directly serves the State facility.

(b) The State shall pay the cost of expanding a water or sewage treatment facility if the expansion is necessitated by the use of the facility by the State. However, the amount the State pays may not exceed the cost of the capacity required by the State.
Md. Code, Corporations and Associations § 2-414 — MD Code / Article gca / Title 2 / Subtitle 4 / Section 2-414
§2–414.
Status: in_force

(a) As between himself and the corporation, an officer or agent of the corporation has the authority and shall perform the duties in the management of the assets and affairs of the corporation as:

(1) Provided in the bylaws; and

(2) Determined from time to time by resolution of the board of directors not inconsistent with the bylaws.

(b) The rights of any third party are not affected or impaired by any bylaw or resolution referred to in subsection (a) of this section unless the third party has knowledge of the bylaw or resolution.
Md. Code, Alcoholic Beverages and Cannabis § 2-206 — MD Code / Article gab / Title 2 / Subtitle 2 / Section 2-206
§2–206.
Status: in_force

(a) (1) In this section, “Maryland–grown agricultural product” means any product produced or cultivated on a farm or vineyard in the State.

(2) “Maryland–grown agricultural product” does not include:

(i) cannabis; or

(ii) any other product containing tetrahydrocannabinol as defined in § 36–1102 of this article.

(b) There is a Class 4 limited winery license.

(c) (1) A license holder may:

(i) subject to paragraph (2) of this subsection, from available Maryland agricultural products:

1. ferment and bottle wine; and

2. distill and bottle pomace brandy; and

(ii) sell and deliver the wine and pomace brandy to:

1. a holder of a wholesaler’s license;

2. a holder of a permit that is authorized to acquire wine or pomace brandy; or

3. a person outside the State that is authorized to acquire wine or pomace brandy.

(2) A license holder:

(i) shall own or have under contract at least 20 acres of Maryland–grown agricultural products in cultivation for use in the production of wine; or

(ii) except as provided in paragraph (3) of this subsection, if less than 20 acres are owned or under contract, shall ensure that at least 51% of the ingredients used in the annual production of the license holder’s wine are Maryland–grown agricultural products.

(3) (i) The Secretary of Agriculture each year may grant a 1–year exemption to an applicant from the percentage requirement under paragraph (2)(ii) of this subsection.

(ii) The Secretary shall adopt regulations governing the granting of an exemption under subparagraph (i) of this paragraph, after consultation with the Advisory Commission on Maryland Alcohol Manufacturing, the Maryland Grape Growers Association, the Maryland Wineries Association, and other interested parties.

(4) Except as provided in Subtitle 3 of this title, a license holder need not obtain any other license to possess, manufacture, sell, or transport wine or pomace brandy.

(5) A license holder may:

(i) sell wine and pomace brandy produced by the license holder for on– and off–premises consumption;

(ii) in an amount not exceeding 2 fluid ounces per brand, provide samples of wine and pomace brandy that the license holder produces to a consumer:

1. at no charge; or

2. for a fee; and

(iii) subject to paragraphs (6) and (7) of this subsection, prepare, sell, or serve only:

1. bread and other baked goods;

2. chili;

3. chocolate;

4. crackers;

5. cured meat;

6. fruits (whole and cut);

7. hard and soft cheese (whole and cut);

8. salads and vegetables (whole and cut);

9. the following items made with Maryland wine:

A. ice cream;

B. jam;

C. jelly; and

D. vinegar;

10. pizza;

11. sandwiches and other light fare;

12. soup; and

13. condiments.

(6) (i) A caterer is not limited to preparing, selling, or serving only the foods specified in paragraph (5)(iii) of this subsection.

(ii) A license holder or entity in which the license holder has a pecuniary interest may not act as a caterer of food.

(7) Subject to paragraph (8) of this subsection, a license holder may conduct the activities specified in paragraph (5) of this subsection from 10 a.m. to 10 p.m. each day.

(8) Except as provided in Division II of this article, the license allows the license holder to operate 7 days a week.

(9) Nothing in this subsection limits the application of relevant provisions of Title 21 of the Health – General Article, and regulations adopted under that title, to a license holder.

(d) The place listed on the license shall be in compliance with § 1–405(b) of this article.

(e) A license holder may:

(1) store on its licensed premises, in a segregated area approved by the Executive Director, the product of other Class 4 limited wineries to be used at Maryland Wineries Association promotional activities, provided records are maintained and reports filed regarding the storage under this item as may be required by the Executive Director;

(2) distill and bottle not more than 1,900 gallons of pomace brandy made from available Maryland agricultural products;

(3) purchase bulk wine made entirely of Maryland–grown agricultural products fermented by a manufacturer licensed under this article and blend the wine with the license holder’s wine and pomace brandy if the aggregate purchase does not exceed 75% of the license holder’s annual wine and pomace brandy production;

(4) purchase pomace brandy only for blending with wine;

(5) import, export, and transport its wine and pomace brandy in accordance with this section; and

(6) produce wine and pomace brandy at a warehouse for which the license holder has been issued an individual storage permit, if:

(i) the license holder does not serve or sell wine or pomace brandy at a warehouse to the public; and

(ii) the Executive Director has full access at all times to the warehouse to enforce this article.

(f) A Class 4 limited winery may be located only at the place stated on the license.

(g) If a license holder maintains the records and files the reports that the Comptroller and the Executive Director require, the license holder may:

(1) in the State, conduct winemaking and packaging activities at another federally bonded winery or limited winery; or

(2) outside the State, conduct winemaking and packaging activities, other than fermentation, at another federally bonded winery.

(h) Throughout the winemaking process, the license holder shall:

(1) maintain ownership of the wine or pomace brandy; and

(2) ensure that the wine or pomace brandy returns to the location of the limited winery.

(i) The license holder shall report to the Executive Director annually on a form provided by the Executive Director on:

(1) the amount of alcoholic beverages produced under the license;

(2) the amount of alcoholic beverages sold for off–premises consumption; and

(3) the amount of alcoholic beverages served for on–premises consumption.

(j) Except as otherwise provided by law, the license holder may not sell alcoholic beverages for off–premises consumption to a person who intends to resell the alcoholic beverages.

(k) The annual license fee:

(1) shall be determined by the Executive Director; and

(2) may not exceed $200.
Md. Code, Agriculture § 2-601 — MD Code / Article gag / Title 2 / Subtitle 6 / Section 2-601
§2–601.
Status: in_force

The Farmer Disaster Loan Program is created within the Department of Agriculture for the purpose of making loans at a preferred rate of interest to allow farmers to rebuild, repair, or recover their farmlands, buildings, crops, or livestock damaged or destroyed by a natural disaster. The Department shall manage and supervise the Program.
Md. Code, Criminal Procedure § 2-106.1 — MD Code / Article gcp / Title 2 / Subtitle 1 / Section 2-106.1
§2–106.
Status: in_force

§2–106.1.

(a) This section applies only in Allegany County.

(b) Except as provided in subsection (c) of this section, a police officer or an agent acting on behalf of a law enforcement agency shall keep custody of an arrested person from the time of arrest until the arrested person is:

(1) committed by lawful authority to a State or local correctional facility;

(2) released from custody; or

(3) in the custody of another police officer.

(c) A correctional officer may keep custody of or provide transport for an arrested person who is awaiting transfer to another jurisdiction or waiting to see a judicial officer of the court if:

(1) the Commissioner of the Division of Pretrial Detention and Services or local managing official has assigned the correctional officer to supervise and transport incarcerated individuals;

(2) the correctional officer will supervise the arrested person in a correctional facility or during transport; and

(3) the correctional facility is not addressing a situation that poses a severe threat to maintaining the desired level of security and safety of the arrested person or persons inside the correctional facility at the time of the transfer of custody.
Md. Code, Corporations and Associations § 2-402 — MD Code / Article gca / Title 2 / Subtitle 4 / Section 2-402
§2–402.
Status: in_force

(a) Each corporation shall have at least one director.

(b) Subject to the provisions of subsection (a) of this section and except for a corporation that has elected to be subject to § 3-804(b) of this article, a Maryland corporation shall have the number of directors provided in its charter until changed by the bylaws.

(c) Subject to the provisions of subsection (a) of this section and except for a corporation that has elected to be subject to § 3-804(b) of this article, the bylaws may:

(1) Alter the number of directors set by the charter; and

(2) Authorize a majority of the entire board of directors to alter within specified limits the number of directors set by the charter or the bylaws, but the action may not affect the tenure of office of any director.
Md. Code, State Government § 2-1223 — MD Code / Article gsg / Title 2 / Subtitle 12 / Section 2-1223
§2–1223.
Status: in_force

(a) (1) Except as prohibited by the federal Internal Revenue Code, the employees or authorized representatives of the Office of Legislative Audits shall have access to and may inspect the records, including those that are confidential by law, of any unit of the State government or of a person or other body receiving State funds, with respect to any matter under the jurisdiction of the Office of Legislative Audits.

(2) In conjunction with an examination authorized under this subtitle, the access required by paragraph (1) of this subsection shall include the records of contractors and subcontractors that perform work under State contracts.

(3) The employees or authorized representatives of the Office of Legislative Audits shall have access to and may inspect the records, including those that are confidential by law, of:

(i) any local school system to perform the audits authorized under § 2–1220 of this subtitle or in accordance with a request for information as provided in § 5–114(d) of the Education Article;

(ii) the Board of Liquor License Commissioners for Baltimore City to perform the audits authorized under § 2–1220(f)(1) of this subtitle;

(iii) the board of license commissioners for a county or for the City of Annapolis to perform the audits authorized under § 2–1220(f)(2) of this subtitle;

(iv) the Board of License Commissioners for Prince George’s County to perform the audits authorized under § 2–1220(g) of this subtitle; and

(v) the Baltimore Police Department and the Baltimore City government to perform the audits required under § 2–1220(h) of this subtitle.

(b) Each officer or employee of the unit or body that is subject to examination shall provide any information that the Legislative Auditor determines to be needed for the examination of that unit or body, or of any matter under the authority of the Office of Legislative Audits, including information that otherwise would be confidential under any provision of law.

(c) (1) The Legislative Auditor may issue process that requires an official who is subject to examination to produce a record that is needed for the examination.

(2) The process shall be sent to the sheriff for the county where the official is located.

(3) The sheriff promptly shall serve the process.

(4) The State shall pay the cost of process.

(5) If a person fails to comply with process issued under this subsection or fails to provide information that is requested during an examination, a circuit court may issue an order directing compliance with the process or compelling that the information requested be provided.
Md. Code, Environment § 2-605 — MD Code / Article gen / Title 2 / Subtitle 6 / Section 2-605
§2–605.
Status: in_force

(a) The Department shall give notice of and hold any hearing held under § 2-603 or § 2-604 of this subtitle in accordance with the Administrative Procedure Act and the requirements of this section.

(b) Before the hearing, the person charged, on request, shall be given an opportunity to examine all information and reports that relate to the alleged offense.

(c) The person charged may be represented at the hearing by counsel.

(d) A person may withhold information about secret processes or methods of manufacture or production from any public hearing under this subtitle, and the Department and its personnel shall keep confidential any such information that it requires, ascertains, or discovers.

(e) Testimony taken at the hearing shall be under oath and recorded.

(f) Copies of the transcript and of any other record of the hearing shall be provided to the person charged at that person’s request and expense.

(g) (1) The Secretary or a designee of the Secretary may issue subpoenas for any person or evidence and administer oaths in connection with any proceeding under this section.

(2) At the request and the expense of the person charged, the Secretary or a designee of the Secretary shall subpoena any person or evidence on behalf of the person charged.

(3) If a person fails to comply with a notice of hearing or a subpoena issued under this section, the circuit court for the county where the person charged resides, on petition of the Secretary, may:

(i) Compel obedience to the notice or subpoena; or

(ii) Compel testimony or the production of evidence.
Md. Code, State Government § 2-1608 — MD Code / Article gsg / Title 2 / Subtitle 16 / Section 2-1608
§2–1608.
Status: in_force

(a) (1) By a majority vote of all of the members of an investigating committee, the investigating committee may issue a subpoena that requires the appearance of a person, the production of relevant records, and the giving of relevant testimony.

(2) A request to appear, appearance, or submission of evidence does not limit the subpoena power of the investigating committee.

(b) The subpoena shall be served:

(1) in the manner provided by law for service of a subpoena in a civil action;

(2) at least 7 days before the time that the subpoena sets for appearance or production of records; and

(3) with the following documents:

(i) a copy of the resolution that establishes the investigating committee;

(ii) a copy of the rules of the investigating committee;

(iii) a statement of the subject of the investigation or inquiry of the investigating committee; and

(iv) if the subpoena requires the appearance of a person, notice that counsel may accompany the person.

(c) A person who is subpoenaed to appear at a hearing is entitled to receive the fees and allowances that are provided for a person who is subpoenaed by a circuit court.

(d) (1) A person may be held in contempt if the person unjustifiably:

(i) fails or refuses to comply with a subpoena for appearance;

(ii) appears but fails or refuses to testify under oath; or

(iii) unless the directive is overruled by a majority vote of the members of the investigating committee who are present at the hearing, disobeys a directive of the presiding officer at the hearing to answer a relevant question or to produce a relevant book, document, or paper that has been subpoenaed.

(2) If an investigating committee fails, in any material respect, to meet the requirements of this subtitle and the person who is subpoenaed is prejudiced by the failure:

(i) the person need not comply; and

(ii) the failure is a complete defense in a proceeding against the person for contempt or other punishment.

(e) (1) By a majority vote of all of the members of an investigating committee, the investigating committee may apply for a contempt citation:

(i) when the General Assembly is not in session, to a circuit court; and

(ii) when the General Assembly is in session:

1. to the General Assembly;

2. to the Senate, if the Senate established the investigating committee; or

3. to the House, if the House established the investigating committee.

(2) The General Assembly, the Senate, or the House:

(i) may consider the application as though the alleged contempt had been committed in or against that body; and

(ii) in addition to any penalty that a court imposes, may impose any other punishment that the body has the inherent power to impose.
Md. Code, Estates and Trusts § 2-202 — MD Code / Article get / Title 2 / Subtitle 2 / Section 2-202
§2–202.
Status: in_force

(a) Each register shall devote the register’s full working time to the duties of the register’s office.

(b) The register shall not practice law during the term of the register’s office.
Md. Code, Transportation § 2-111 — MD Code / Article gtr / Title 2 / Subtitle 1 / Section 2-111
§2–111.
Status: in_force

(a) In this section, “information technology” has the meaning stated in § 3A–301 of the State Finance and Procurement Article.

(b) The Department shall establish an Information Technology Investment Program in accordance with the Statewide Information Technology Master Plan, as established under § 3A–304 of the State Finance and Procurement Article, and shall maintain a separate account within the Transportation Trust Fund for information technology–related resources.

(c) (1) Before proceeding with any information technology–related project, the Department shall obtain approval by the Chief of Information Technology of the Department of Budget and Management that the project is consistent with the State Information Technology Master Plan.

(2) Subject to the final approval of the Secretary of Budget and Management, the Chief of Information Technology may approve an information technology–related project only after consulting with the Information Technology Board established under § 3–406 of the State Finance and Procurement Article.
Md. Code, Alcoholic Beverages and Cannabis § 2-311 — MD Code / Article gab / Title 2 / Subtitle 3 / Section 2-311
§2–311.
Status: in_force

(a) The holder of a Class 1, Class 2, or Class 3 wholesaler’s license may obtain more than one such license if separate records are kept.

(b) (1) The holder of a rectifying or winery license may apply for and obtain a wholesaler’s license of any class for the same premises or elsewhere as provided under this article.

(2) The holder of a Class 4 limited winery license may apply for and obtain a Class 6 limited wine wholesaler’s license for the same premises or elsewhere as provided under this article.

(3) (i) The holder of a Class 5 manufacturer’s license or Class 7 micro–brewery license may apply for and obtain a Class 7 limited beer wholesaler’s license in accordance with this paragraph.

(ii) A holder of a Class 5 manufacturer’s license that was selling the holder’s own beer at wholesale in the State as of January 1, 2013, may obtain a Class 7 limited beer wholesaler’s license to continue to sell the holder’s own beer at wholesale in the same location in an amount that is not more than 5,000 barrels annually.

(iii) A holder of a Class 5 manufacturer’s license that produces in aggregate from all its locations not more than 45,000 barrels of beer annually may obtain a Class 7 limited beer wholesaler’s license and distribute not more than 5,000 barrels of its own beer annually.

(iv) A holder of one or two Class 7 micro–brewery licenses that produces in aggregate from all of its locations not more than 45,000 barrels of beer annually may obtain a Class 7 limited beer wholesaler’s license and distribute beer that:

1. totals annually not more than 5,000 barrels in aggregate from all of its locations; and

2. has been brewed at the location from where it is distributed.

(4) A holder of a Class 9 limited distillery license may apply for and obtain a Class 8 liquor wholesaler’s license, for the same premises or elsewhere as provided under this article, and distribute its own liquor.
Md. Code, Estates and Trusts § 2-109 — MD Code / Article get / Title 2 / Subtitle 1 / Section 2-109
§2–109.
Status: in_force

A judge of the court may not act as an attorney at law in a civil or criminal matter during a term of office if the matter is:

(1) (i) Within the jurisdiction of the court in any county or Baltimore City; and

(ii) Related to the administration of an estate or a guardianship of a minor; or

(2) Related to the preparation of an estate plan or estate planning documents that might come within the jurisdiction of the court in any county or Baltimore City following the death of any individual.
Md. Code, Criminal Law § 2-101 — MD Code / Article gcr / Title 2 / Subtitle 1 / Section 2-101
§2–101.
Status: in_force

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

(b) “Imprisonment for life without the possibility of parole” means imprisonment for the natural life of an incarcerated individual under the custody of a correctional facility.

(c) (1) “Vessel” means any watercraft that is used or is capable of being used as a means of transportation on water or ice.

(2) “Vessel” does not include a seaplane.
Md. Code, Environment § 2-1303.2 — MD Code / Article gen / Title 2 / Subtitle 13 / Section 2-1303.2
§2–1303.
Status: in_force

§2–1303.2.

(a) In this section, “Working Group” means the Energy Industry Revitalization Working Group of the Commission.

(b) The Commission shall establish an Energy Industry Revitalization Working Group.

(c) The Working Group shall include:

(1) One member of the Senate of Maryland, appointed by the President of the Senate;

(2) One member of the House of Delegates, appointed by the Speaker of the House;

(3) The Secretary, or the Secretary’s designee;

(4) The Secretary of Commerce, or the Secretary’s designee;

(5) One representative of the National Federation of Independent Business, selected by the State director of the National Federation of Independent Business;

(6) One representative of the Maryland Chamber of Commerce, selected by the President and CEO of the Maryland Chamber of Commerce;

(7) One representative of the Maryland Small Business Development Center, selected by the regional directors of the Maryland Small Business Development Center; and

(8) Six representatives of the energy industry, including:

(i) Two representatives selected by the Secretary;

(ii) Two representatives selected by the Public Service Commission; and

(iii) Two representatives selected by the Director of the Maryland Energy Administration.

(d) The Secretary shall designate the chair of the Working Group.

(e) The Department shall provide staff for the Working Group.

(f) A member of the Working Group:

(1) May not receive compensation as a member of the Working Group; but

(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(g) The Working Group shall:

(1) Advise the Commission on issues and opportunities related to small business revitalization and the transition to renewable energy’s effects on small businesses;

(2) Conduct a study of the impacts of transitioning to renewable energy; and

(3) Include in the study:

(i) The number of small businesses impacted by the transition to renewable energy;

(ii) The projected cost of transitioning existing small businesses to renewable energy;

(iii) The economic impact of the transition to renewable energy and new energy sources, including supply chain impacts;

(iv) An analysis that identifies energy generating facilities that may close as a result of a transition to renewable energy, including issues and opportunities related to repurposing the sites; and

(v) An analysis that identifies or estimates, to the extent practicable:

1. The timing and location of facility closures and layoffs in nonrenewable energy industries;

2. The impact of facility closures and layoffs on affected workers, businesses, and communities; and

3. How the Commission can most effectively respond to the impact of facility closures and layoffs, including the potential to:

A. Compensate businesses that closed due to the effects of the transition to renewable energy; and

B. Incentivize businesses to transition to renewable energy through subsidies.

(h) On or before December 31, 2023, the Working Group shall report to the Commission and, in accordance with § 2–1257 of the State Government Article, the General Assembly on the findings of the study required under subsection (g) of this section.
Md. Code, Corporations and Associations § 2-208 — MD Code / Article gca / Title 2 / Subtitle 2 / Section 2-208
§2–208.
Status: in_force

(a) (1) If, under a power contained in the charter, the board of directors classifies or reclassifies any unissued stock by setting or changing the preferences, conversion or other rights, voting powers, restrictions, limitations as to dividends, qualifications, or terms or conditions of redemption, the board shall file articles supplementary for record with the Department.

(2) The corporation may not issue any of the stock that is classified or reclassified prior to the time the articles supplementary are effective, as provided in this section.

(b) Articles supplementary shall include:

(1) A description of the stock, including the preferences, conversion and other rights, voting powers, restrictions, limitations as to dividends, qualifications, and terms and conditions of redemption, as set or changed by the board of directors; and

(2) A statement that the stock has been classified or reclassified by the board of directors under the authority contained in the charter.

(c) Articles supplementary shall be executed in the manner required by Title 1 of this article.

(d) Articles supplementary are effective as of the later of:

(1) The time the Department accepts the articles for record; or

(2) The time established under the articles, not to exceed 30 days after the articles are accepted for record.

(e) Notwithstanding subsection (a)(2) of this section:

(1) The stock issued by a corporation prior to the time the articles supplementary with respect to the stock are effective shall cease to be voidable as a result of the failure to file the articles supplementary at the time the articles supplementary become effective; and

(2) A right or liability accrued by reason of the issuance of stock by a corporation prior to the time the articles supplementary with respect to the stock are effective shall be extinguished at the time the articles supplementary become effective, except to the extent that the person having the right or liability has acted detrimentally in reliance on the right or liability solely by reason of issuance of the stock.
Md. Code, Environment § 2-1207 — MD Code / Article gen / Title 2 / Subtitle 12 / Section 2-1207
§2–1207.
Status: in_force

(a) (1) An institution of higher education in the State shall conduct an independent study of the economic impact of requiring greenhouse gas emissions reductions from the State’s manufacturing sector.

(2) The Maryland Commission on Climate Change shall oversee the independent study required by this section.

(b) On or before October 1, 2022, the institution of higher education responsible for the independent study shall complete and submit the study to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
Md. Code, State Government § 2-1603 — MD Code / Article gsg / Title 2 / Subtitle 16 / Section 2-1603
§2–1603.
Status: in_force

(a) An investigating committee may be established only by a resolution of the Senate or the House.

(b) The resolution shall state the investigating committee’s:

(1) purpose;

(2) powers;

(3) duties;

(4) duration;

(5) subject matter;

(6) scope of investigatory authority; and

(7) size.
Md. Code, Tax - General § 2-102 — MD Code / Article gtg / Title 2 / Subtitle 1 / Section 2-102
§2–102.
Status: in_force

(a) In addition to the duties set forth elsewhere in this article and in other articles of the Code, the Comptroller shall administer the laws that relate to:

(1) the admissions and amusement tax;

(2) the boxing and wrestling tax;

(3) the digital advertising gross revenues tax;

(4) the income tax;

(5) the Maryland estate tax;

(6) the Maryland generation–skipping transfer tax;

(7) the motor carrier tax;

(8) the motor fuel tax;

(9) the sales and use tax; and

(10) the savings and loan association franchise tax.

(b) In cooperation with the Executive Director, and in addition to the duties set forth elsewhere in this article and in other articles of the Code, the Comptroller shall administer the laws that relate to:

(1) the alcoholic beverage tax; and

(2) the tobacco tax.
Md. Code, State Personnel and Pensions § 2-516 — MD Code / Article gsp / Title 2 / Subtitle 5 / Section 2-516
§2–516.
Status: reserved

(a) In this section, “Fund” means the State Employees and Retirees Health and Welfare Benefits Fund established under this section.

(b) (1) A special reserve fund is established to retain certain State revenues and State general and special funds for the purpose of funding the State Employee and Retiree Health and Welfare Benefits Program established under this subtitle.

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

(3) The State Treasurer shall separately hold and the Comptroller shall account for the Fund.

(4) (i) The Fund shall be invested and reinvested in the same manner as other State funds.

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

(c) The Fund consists of money appropriated for State Employee and Retiree Health Insurance or authorized to be transferred to that purpose in the State budget.

(d) (1) Except as otherwise provided in this section, the Fund shall be retained in reserve and may not be spent for any purpose.

(2) Subject to the budget amendment procedure provided for in § 7–209 of the State Finance and Procurement Article, money credited to the Fund may be used only for the purpose of funding the State costs of the State Employee and Retiree Health and Welfare Benefits Program.
Md. Code, Health - General § 2-604 — MD Code / Article ghg / Title 2 / Subtitle 6 / Section 2-604
§2–604.
Status: reserved

(a) (1) (i) A person may file a civil action on behalf of the person and the State in a court of competent jurisdiction within the State against a person who has acted or is acting in violation of § 2–602(a) of this subtitle.

(ii) A civil action filed under subparagraph (i) of this paragraph shall be brought in the name of the State.

(2) A person filing an action under this section may seek:

(i) The penalties provided under § 2–602(b) of this subtitle; and

(ii) Subject to the guidelines set forth in § 2–605(a)(4) of this subtitle, court costs and attorney’s fees.

(3) (i) The person shall serve on the State a copy of the complaint and a written disclosure of substantially all material evidence and information that the person possesses, in accordance with the provisions of Title 2 of the Maryland Rules for serving process on the State.

(ii) 1. The complaint shall be filed in camera and shall remain under seal for at least 60 days.

2. The complaint may not be served on the defendant until the complaint is unsealed and the court orders the complaint served.

3. Within 60 days after the State receives the complaint and the material evidence and information, the State may elect to intervene and proceed with the action.

(4) (i) For good cause shown, the State may move the court for extensions of the time during which the complaint remains under seal under paragraph (3)(ii)1 of this subsection.

(ii) Any motions made under subparagraph (i) of this paragraph may be supported by affidavits or other submissions in camera.

(5) (i) The defendant may not be required to answer a complaint filed under this section until after the complaint is:

1. Unsealed and ordered by the court to be served; and

2. Served on the defendant in accordance with Title 2 of the Maryland Rules.

(ii) When answering a complaint filed under this section, a defendant shall follow the time frames and other provisions for filing answers to a complaint as required under Title 2, Chapter 300 of the Maryland Rules.

(iii) During the period in which the complaint is under seal, if the State’s investigation reveals that the act, transaction, or occurrence that gave rise to the alleged violation of this subtitle is reasonably likely to be continuing, the State shall notify the defendant as soon as practicable without jeopardizing the course and conduct of the State’s or the federal government’s investigation of the violation, compromising the development of evidence, or violating any State or federal law.

(6) Before the later of the expiration of the 60–day period during which the complaint remains under seal under paragraph (3)(ii)1 of this subsection or any extension of the 60–day period obtained under paragraph (4) of this subsection, the State shall:

(i) Intervene and proceed with the action in a court of competent jurisdiction within the State; or

(ii) Notify the court that it will not intervene and proceed with the action.

(7) If the State does not elect to intervene and proceed with the action under paragraph (6) of this subsection, before unsealing the complaint, the court shall dismiss the action.

(8) If a person initiates an action under this section, no person other than the State may intervene in the action or initiate a related action based on the facts underlying the pending action.

(b) (1) If the State intervenes and proceeds with the action under subsection (a)(6)(i) of this section:

(i) The State shall have the primary responsibility for proceeding with the action and may not be bound by any act of the person who initiated the action; and

(ii) Subject to paragraphs (3) through (6) of this subsection, the person who initiated the action may continue as a party to the action.

(2) (i) During an investigation by the State conducted either independently or in conjunction with a civil action filed under this subtitle, the Attorney General shall have the same rights of discovery as a civil litigant in the circuit court under Title 2, Chapter 400 of the Maryland Rules.

(ii) A person from whom the Attorney General seeks discovery shall be considered a party under Title 2, Chapter 400 of the Maryland Rules.

(3) (i) Notwithstanding the objections of the person initiating the action, the State may elect at any point to withdraw its intervention as a party to the action.

(ii) If the State elects to withdraw as a party to the action:

1. The State shall notify the court and the party initiating the action; and

2. The court shall dismiss the action.

(4) Notwithstanding the objections of the person initiating the action, if the court determines after a hearing that a proposed settlement is fair, adequate, and reasonable under the circumstances, the State may settle a civil action filed under this section.

(5) On motion of the State or the defendant or on the court’s own motion, the court may impose limitations on the participation of the person initiating an action under this section if:

(i) The State shows that the person’s unrestricted participation in the action would:

1. Interfere with or unduly delay the State in its pursuit of the civil action; or

2. Be repetitious, irrelevant, or harassing to the defendant; or

(ii) The defendant shows that unrestricted participation by the person initiating the action would harass the defendant or cause the defendant undue burden or unnecessary expense.

(6) Limitations imposed by the court under paragraph (5) of this subsection may include:

(i) A limitation on the number of witnesses the person may call to testify;

(ii) A limitation on the length of the testimony of witnesses called by the person;

(iii) A limitation on the person’s cross–examination of witnesses; or

(iv) A limitation on the participation of the person in the litigation.

(c) (1) Instead of proceeding with a civil action filed under this subtitle, the State may pursue any alternative remedy available to the State, including any appropriate administrative proceeding to determine a civil money penalty.

(2) If the State seeks an alternative remedy in another proceeding after intervening in a civil action filed under this section, the person initiating the action shall have the same rights in the alternative proceeding as the person would have had if the civil action had continued under this section.

(3) (i) A finding of fact or conclusion of law made in any alternative proceeding that has become final shall be conclusive on all parties to an action filed under this subtitle.

(ii) For purposes of subparagraph (i) of this paragraph, a finding or conclusion is final if:

1. It has been finally determined on appeal to the appropriate court of the State;

2. All time for filing the appeal with respect to the finding or conclusion has expired; or

3. The finding or conclusion is not subject to judicial review.

(d) (1) On a showing in camera by the State that certain actions of discovery by the person initiating the action would interfere with the State’s investigation or prosecution of a criminal or civil matter arising out of the same facts, the court may stay the discovery for a period of not more than 60 days.

(2) The court may extend the 60–day period on a further showing in camera that:

(i) The State has pursued the criminal or civil investigation or proceeding with reasonable diligence; and

(ii) Any proposed discovery in the civil action will interfere with the ongoing criminal or civil investigation or proceeding.
Md. Code, State Government § 2-107 — MD Code / Article gsg / Title 2 / Subtitle 1 / Section 2-107
§2–107.
Status: in_force

(a) In this section, “relative” means:

(1) a spouse;

(2) a parent or stepparent;

(3) a sibling or step sibling;

(4) a child, stepchild, foster child, or ward;

(5) a mother–in–law or father–in–law;

(6) a son–in–law or daughter–in–law;

(7) a grandparent; or

(8) a grandchild.

(b) (1) Except as provided in paragraph (2) of this subsection, a member of the General Assembly may not employ for legislative business the member’s own relative, or the relative of another member from the same legislative district, using public funds over which the member has direct control.

(2) Paragraph (1) of this subsection does not apply to a member of the General Assembly who:

(i) has a physical impairment that necessitates the employment of a particular relative; and

(ii) discloses the employment to the Joint Committee on Legislative Ethics.
Md. Code, Business Regulation § 2-106.4 — MD Code / Article gbr / Title 2 / Subtitle 1 / Section 2-106.4
§2–106.
Status: in_force

§2–106.4.

(a) In this section, “Commission” means the State Real Estate Commission.

(b) In consultation with the Commission, the Secretary shall annually calculate the direct and indirect costs attributable to the Commission.

(c) Beginning on July 1, 2007, the Commission shall establish fees based on the calculations provided by the Secretary under this section.

(d) Each fee established by the Commission may not be increased annually by more than 12.5% of the existing and corresponding fee of the Commission.
Md. Code, Criminal Procedure § 2-504 — MD Code / Article gcp / Title 2 / Subtitle 5 / Section 2-504
§2–504.
Status: in_force

The State shall disclose, in accordance with the Maryland Rules regarding discovery, whether facial recognition technology has been used in an investigation relevant to a criminal court proceeding or juvenile court proceeding under Title 3, Subtitle 8A of the Courts Article, the name of each facial recognition system used, a description and the names of the databases searched, and all results generated from the use of the facial recognition technology that led to further investigative action for each facial recognition system and for each database searched.
Md. Code, Economic Development § 2-105 — MD Code / Article gec / Title 2 / Subtitle 1 / Section 2-105
§2–105.
Status: in_force

(a) With the approval of the Governor, the Secretary shall appoint a deputy secretary.

(b) The deputy secretary:

(1) serves at the pleasure of the Secretary; and

(2) is entitled to the compensation provided in the State budget.

(c) The deputy secretary shall have the duties provided by law or delegated by the Secretary.
Md. Code, Education § 2-305 — MD Code / Article ged / Title 2 / Subtitle 3 / Section 2-305
§2–305.
Status: in_force

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

(2) “Agency” means a local education agency serving a population of students at least 80% of which are minority students.

(3) “Minority student” has the meaning stated in regulations adopted by the State Superintendent.

(4) “Youth lacrosse nonprofit organization” means a nonprofit organization that:

(i) Is located in a county with an agency;

(ii) Provides lacrosse opportunities for children under the age of 18; and

(iii) Is recognized by US Lacrosse as a member of the Urban Lacrosse Alliance.

(b) (1) There is a Lacrosse Opportunities Program in the Department.

(2) The purpose of the Lacrosse Opportunities Program is to increase opportunities for minority students to participate in lacrosse in their communities.

(c) The State Superintendent shall develop and administer the Lacrosse Opportunities Program.

(d) (1) An agency or a youth lacrosse nonprofit organization may submit an application to the Department to receive a grant for a program that is in furtherance of the purpose of the Lacrosse Opportunities Program.

(2) An application shall include:

(i) A description of the scope and purpose of the proposed program;

(ii) A business plan that includes the estimated total cost of the proposed program; and

(iii) Any other information required by the Department.

(e) In awarding a grant under the Lacrosse Opportunities Program, the Department shall:

(1) Require the grantee to provide matching funds from any combination of federal, county, municipal, or private sources; and

(2) Ensure that the grant does not exceed 50% of the total annual cost of the grantee’s program.

(f) The State Superintendent or the State Superintendent’s designee shall:

(1) Review grant applications submitted in accordance with subsection (d) of this section; and

(2) To the extent funds are available, provide grants to agencies and youth lacrosse nonprofit organizations that meet the requirements for a grant under this section.

(g) For fiscal year 2014 and each fiscal year thereafter, the Governor shall include in the annual budget submission at least $40,000 for the Lacrosse Opportunities Program.

(h) The State Superintendent shall adopt regulations to implement this section.
Md. Code, Criminal Procedure § 2-104 — MD Code / Article gcp / Title 2 / Subtitle 1 / Section 2-104
§2–104.
Status: in_force

(a) In this section, “federal law enforcement officer” means an officer who may:

(1) make an arrest with or without a warrant for violations of the United States Code; and

(2) carry firearms in the performance of the officer’s duties.

(b) (1) Subject to the limitations of paragraph (2) of this subsection, a federal law enforcement officer may:

(i) make arrests as set forth in Subtitle 2 of this title; and

(ii) execute arrest and search and seizure warrants issued under the laws of the State.

(2) A federal law enforcement officer may exercise the powers granted by this subsection when:

(i) the federal law enforcement officer is participating in a joint investigation with officials from a State or local law enforcement unit;

(ii) the federal law enforcement officer is rendering assistance to a police officer;

(iii) the federal law enforcement officer is acting at the request of a local police officer or State Police officer; or

(iv) an emergency exists.

(c) (1) A federal law enforcement officer who acts under the authority granted by this section shall notify the following persons of an investigation, an enforcement action, or a federal immigration enforcement action at a sensitive location, as defined in § 6–111 of the State Government Article:

(i) 1. the chief of police, if any, or chief’s designee, when in a municipal corporation;

2. the police commissioner or police commissioner’s designee, when in Baltimore City;

3. the chief of police or chief’s designee, when in a county with a county police department, except Baltimore City;

4. the sheriff or sheriff’s designee, when in a county without a county police department;

5. the Secretary of Natural Resources or Secretary’s designee, when on property owned, leased, operated by, or under the control of the Department of Natural Resources; or

6. the chief of police of the Maryland Transportation Authority or chief’s designee, when on property owned, leased, operated by, or under the control of the Maryland Transportation Authority, Maryland Aviation Administration, or Maryland Port Administration; and

(ii) the Department of State Police barrack commander or commander’s designee, unless there is an agreement otherwise with the Department of State Police.

(2) When the federal law enforcement officer participates in a joint investigation with officials from a State or local law enforcement unit, the federal law enforcement officer shall give the notice required under paragraph (1) of this subsection reasonably in advance.

(d) A federal law enforcement officer who acts under the authority granted by this section:

(1) has the same legal status as a police officer;

(2) has the same protections as a police officer under § 2-608 of the Courts Article with regard to charging documents against police officers; and

(3) has the same immunity from liability described in § 5-611 of the Courts Article.

(e) This section does not impose liability on or require indemnification by the State or a local subdivision for an act performed by a federal law enforcement officer under this section.
Md. Code, Insurance § 2-209 — MD Code / Article gin / Title 2 / Subtitle 2 / Section 2-209
§2–209.
Status: in_force

(a) The Commissioner or an examiner shall make a complete report of each examination made under § 2–205 of this subtitle or § 23–207, § 15–10B–19, or § 15–10B–20 of this article.

(b) An examination report shall contain only facts:

(1) from the books, records, or documents of the person being examined; or

(2) determined from statements of individuals about the person’s affairs.

(c) (1) At least 30 days before adopting a proposed examination report, the Commissioner shall provide a copy of the proposed report to the person that was examined.

(2) If the person requests a hearing in writing within the 30–day period, the Commissioner:

(i) shall grant a hearing on the proposed report; and

(ii) may not adopt the proposed report until after:

1. the hearing is held; and

2. any modifications of the report that the Commissioner considers proper are made.

(d) (1) After an examination report is adopted by the Commissioner, the examination report is admissible as evidence of the facts contained in it in any action brought by the Commissioner against the person examined or an officer or insurance producer of the person.

(2) Regardless of whether a written examination report has been made, served, or adopted by the Commissioner, the Commissioner or an examiner may testify and offer other proper evidence about information obtained during an examination.

(e) The Commissioner may withhold an examination or investigation report from public inspection for as long as the Commissioner considers the withholding to be:

(1) necessary to protect the person examined from unwarranted injury; or

(2) in the public interest.

(f) If the Commissioner considers it to be in the public interest, the Commissioner may publish an examination report or a summary of it in a newspaper in the State.

(g) (1) This subsection applies only to a document, material, or information other than an adopted examination report that:

(i) is in the control or possession of the Commissioner; and

(ii) is obtained or generated during an analysis or examination conducted under § 2–205 or § 2–206 of this subtitle, Title 7 of this article, or § 23–103, § 15–10B–19, or § 15–10B–20 of this article.

(2) A document, material, or information that is subject to this subsection:

(i) is confidential and privileged;

(ii) is not subject to Title 4 of the General Provisions Article;

(iii) is not subject to subpoena; and

(iv) is not subject to discovery or admissible in evidence in any private civil action.

(3) Notwithstanding paragraph (2) of this subsection, the Commissioner may use any document, material, or information that is subject to this subsection to further any regulatory or legal action brought as part of the duties of the Commissioner.

(4) The Commissioner and any person that receives a document, material, or information that is subject to this subsection while acting under the authority of the Commissioner may not be allowed or required to testify in any private civil action concerning the document, material, or information.

(h) (1) Provided that the recipient agrees to maintain the confidentiality and privileged status of the document, material, or information, the Commissioner may share a document, material, or information, including a document, material, or information that is confidential and privileged under subsection (g) of this section, with:

(i) other State, federal, or international regulatory agencies;

(ii) the National Association of Insurance Commissioners or its affiliates or subsidiaries; or

(iii) State, federal, or international law enforcement authorities.

(2) (i) The Commissioner may receive a document, material, or information, including a document, material, or information that is confidential and privileged, from:

1. other State, federal, or international regulatory agencies;

2. the National Association of Insurance Commissioners or its affiliates or subsidiaries; or

3. State, federal, or international law enforcement authorities.

(ii) The Commissioner shall maintain as confidential and privileged any document, material, or information received under this paragraph with notice or the understanding that it is confidential or privileged under the laws of the jurisdiction that is the source of the document, material, or information.

(3) The Commissioner may enter into agreements governing the sharing and use of information consistent with this subsection.

(4) There is no waiver of any applicable privilege or claim of confidentiality with regard to a document, material, or information as a result of:

(i) disclosure of the document, material, or information to the Commissioner under this subsection; or

(ii) sharing of the document, material, or information by the Commissioner under paragraph (1) of this subsection.

(i) (1) The Commissioner shall provide a copy of the adopted examination report to the person that was examined.

(2) The person examined shall present the adopted examination report to its board of directors at the next regularly scheduled meeting of the board.
Md. Code, Alcoholic Beverages and Cannabis § 2-504 — MD Code / Article gab / Title 2 / Subtitle 5 / Section 2-504
§2–504.
Status: in_force

(a) At each catered event at which alcoholic beverages are served, the holder of a general statewide or limited statewide caterer’s license shall:

(1) supply service personnel, including bartenders and waiters;

(2) ensure that the service personnel are present at all times during the catered event;

(3) have at least one individual at the catered event who has been certified by an alcohol awareness program under § 4–505 of this article;

(4) ensure that the sale of food represents at least 70% of the total cost of the catered event; and

(5) return all unopened containers of alcoholic beverages to the holder’s principal place of business at the end of the catered event.

(b) (1) The holder of a general statewide or limited statewide caterer’s license may not:

(i) deliver alcoholic beverages to a catered event without service personnel present on the premises of the catered event; and

(ii) except when operating under an on–premises retail license that may be annually renewed issued by a local licensing board, serve alcoholic beverages at:

1. the holder’s principal place of business; or

2. an event for which the holder is a sponsor or promoter.

(2) To ensure product integrity, a partially used keg of a malt beverage may not be used at another catered event.
Md. Code, Public Safety § 2-514 — MD Code / Article gps / Title 2 / Subtitle 5 / Section 2-514
§2–514.
Status: in_force

(a) On or before April 1, 2010, and on or before April 1 of every even–numbered year thereafter, each local law enforcement unit shall report to the Governor’s Office of Crime Prevention and Policy on the status of crime scene DNA collection and analysis in its respective jurisdiction for the preceding calendar year, and the Department shall report to the Governor’s Office of Crime Prevention and Policy on the status of crime scene DNA collection statewide for the preceding calendar year, including:

(1) the crimes for which crime scene DNA evidence is routinely collected;

(2) the approximate number of crime scene DNA evidence samples collected during the preceding year for each category of crime;

(3) the average time between crime scene DNA evidence collection and analysis;

(4) the number of crime scene DNA evidence samples collected and not analyzed at the time of the study;

(5) the number of crime scene DNA evidence samples submitted to the statewide DNA database during the preceding year; and

(6) the number of crime scene DNA evidence samples, including sexual assault evidence, collected by hospitals in the county during the preceding year.

(b) The Governor’s Office of Crime Prevention and Policy shall compile the information reported by the local law enforcement units and the Department under subsection (a) of this section and submit an annual summary report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
Md. Code, Housing and Community Development § 2-102 — MD Code / Article ghs / Title 2 / Subtitle 1 / Section 2-102
§2–102.
Status: in_force

(a) The Department shall:

(1) encourage and assist political subdivisions and public and private community organizations to develop mutual and cooperative solutions to their common problems;

(2) serve as a clearinghouse for information and materials that may be pertinent to sound community assistance, including information on available federal, State, and private financial assistance and technical assistance;

(3) implement model or demonstration programs and projects or otherwise provide a program of practical research in community assistance;

(4) provide grants and loans for energy conservation and the use of solar energy in commercial and residential buildings;

(5) provide advisory, consultative, training, and educational services, and technical assistance to any political subdivision, local public agency, or nonprofit organization for community assistance purposes;

(6) contract for and accept a gift, grant, contribution, or loan of money, property, or other aid for community assistance from a governmental unit, the federal government, or another source and comply with the terms and conditions of that aid;

(7) attach terms and conditions to financial assistance as the Secretary determines;

(8) participate with political subdivisions, regional governments, organizations, and the federal government in developing, financing, and implementing a program to build the management capabilities of municipal corporations by supplying needed managerial expertise through circuit riding managers;

(9) administer federal programs relating to community assistance; and

(10) develop and implement a weatherization program in accordance with Title 4 of this article and administer the low–income weatherization component of the electric universal service program in accordance with § 7–512.1 of the Public Utilities Article.

(b) The Department may:

(1) sell any mortgage or other obligation that the Department holds at public or private sale, with or without public bidding;

(2) retain the servicing rights and charge servicing fees for any mortgage or other obligation that the Department sells; and

(3) apply the proceeds from any sale and servicing fees earned to any of the funds established under Title 4, Subtitle 5 of this article.
Md. Code, Real Property § 2-124 — MD Code / Article grp / Title 2 / Subtitle 1 / Section 2-124
§2–124.
Status: in_force

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

(2) “Portable basketball apparatus” means a portable apparatus or device designed for recreational use in conjunction with the game of basketball.

(3) “Restriction on use” includes any covenant, restriction, or condition contained in:

(i) A deed;

(ii) A declaration;

(iii) A contract;

(iv) The bylaws or rules of a condominium or homeowners association;

(v) A security instrument; or

(vi) Any other instrument affecting:

1. The transfer or sale of real property; or

2. Any other interest in real property.

(b) (1) A restriction on use regarding land use may not impose or act to impose an unreasonable limitation on the location and use of a portable basketball apparatus, provided that the property owner owns or has the right to exclusive use of the area in which placement and use of the portable basketball apparatus is to occur.

(2) For purposes of paragraph (1) of this subsection, an unreasonable limitation includes a limitation that:

(i) Significantly increases the cost of using a portable basketball apparatus; or

(ii) Significantly decreases the ability to use a portable basketball apparatus as designed and intended.

(c) This section does not apply to a restriction on use on historic property that is listed in, or determined by the Director of the Maryland Historical Trust to be eligible for inclusion in, the Maryland Register of Historic Properties.
Md. Code, Health - General § 2-504.1 — MD Code / Article ghg / Title 2 / Subtitle 5 / Section 2-504.1
§2–504.
Status: in_force

§2–504.1.

(a) Except as otherwise prohibited by State or federal law, in the sole discretion of the Inspector General, the Inspector General may impose a civil money remedy against a provider for a violation of State or federal law governing the conditions of payment for any service or item for which the provider submitted a claim for payment and received payment.

(b) A civil money remedy imposed under this section:

(1) Is in lieu of full payment or full adjustment of the paid claim and not in addition to repayment of the claim;

(2) May not be less than the federal financial participation share of the identified improper claim amount;

(3) May not be imposed if the claim was included in the universe of claims under an extrapolation calculation; and

(4) Is only available if the provider has not been subjected to a repayment penalty or fine, a criminal action, or a civil false claims action under either federal or State law for the same claim.

(c) (1) A civil money remedy may not exceed the amount of reimbursement that the provider received for the paid claim.

(2) In determining whether to impose a civil money remedy under this section and in setting the amount of the civil money remedy, the Inspector General shall consider:

(i) The number, nature, and seriousness of the violations;

(ii) The provider’s history of compliance;

(iii) The efforts made by the provider to correct the violations and any continuation of conduct after notification of possible violations;

(iv) The provider’s level of cooperation with the Department or Inspector General as it relates to the review of the claim;

(v) The degree of risk to the health, life, or safety of consumers as a result of the violations; and

(vi) Any other reasonable factors as fairness may require.

(3) In weighing the factors set forth in paragraph (2) of this subsection, the Inspector General shall, if appropriate, give special consideration to the extent to which the provider’s size, operations, or financial condition:

(i) May have contributed to the violations; and

(ii) May affect the provider’s ability to provide care and continue operations after payment of a civil money remedy.

(d) If a civil money remedy is imposed under this section, the Inspector General shall issue a written notice and order to the provider that:

(1) States the total amount of the civil money remedy; and

(2) Includes the following information:

(i) The basis on which the order is made;

(ii) Each regulation or statute violated;

(iii) The amount of each civil money remedy imposed for each violation;

(iv) The number of claims and total value of the claims identified with errors; and

(v) The manner in which the amount of the civil money remedy was calculated.

(e) The notice and order shall be served on the provider by certified mail and shall include a statement that explains the provider’s right to appeal the order in accordance with Title 10, Subtitle 2 of the State Government Article.

(f) (1) An order that imposes a civil money remedy is final when the provider has exhausted all opportunities to contest the civil money remedy in accordance with Title 10, Subtitle 2 of the State Government Article.

(2) After exhaustion of all appeals, a provider shall pay a civil money remedy to the Department within 10 days after the provider receives a final order that affirms the imposition of the civil money remedy unless the Inspector General negotiates and approves a repayment schedule.

(g) The Inspector General, in consultation with stakeholders, shall adopt regulations to implement this section.
Md. Code, Business Occupations and Professions § 2-301 — MD Code / Article gbo / Title 2 / Subtitle 3 / Section 2-301
§2–301.
Status: in_force

Except as provided in § 2–321 of this subtitle, an individual shall be licensed by the Board before the individual may practice certified public accountancy in the State.
Md. Code, Public Utilities § 2-202 — MD Code / Article gpu / Title 2 / Subtitle 2 / Section 2-202
§2–202.
Status: in_force

(a) With the advice and consent of the Senate, the Attorney General shall appoint the People’s Counsel.

(b) (1) The term of the People’s Counsel is 5 years and begins on July 1.

(2) At the end of a term, the People’s Counsel continues to serve until a successor is appointed and qualifies.

(3) A People’s Counsel who is appointed after a term has begun serves for the rest of the term and until a successor is appointed and qualifies.

(c) The People’s Counsel shall have been admitted to practice law in the State.

(d) Before taking office, the People’s Counsel shall take the oath required by Article I, § 9 of the Maryland Constitution.

(e) The People’s Counsel shall devote full time to the duties of office.

(f) The People’s Counsel is entitled to a salary of at least $35,000 a year as provided in the State budget.

(g) The Attorney General may remove the People’s Counsel for good cause shown after notice and an opportunity to be heard.
Md. Code, Tax - General § 2-1001 — MD Code / Article gtg / Title 2 / Subtitle 10 / Section 2-1001
§2–1001.
Status: in_force

The Comptroller shall distribute the motor carrier tax revenue and fees collected under Title 9 of this article to the Gasoline and Motor Vehicle Revenue Account of the Transportation Trust Fund.
Md. Code, Natural Resources § 2-201 — MD Code / Article gnr / Title 2 / Subtitle 2 / Section 2-201
§2–201.
Status: in_force

(a) There is a Maryland Geological Survey in the Department.

(b) The Governor, with the advice of the Secretary, shall appoint the Director of the Survey. The Director shall hold office under and subject to the provisions of § 1-101(d) of this article. He shall be a person with executive ability, and special training and experience in handling problems in the fields of geology and water resources.
Md. Code, Corporations and Associations § 2-607 — MD Code / Article gca / Title 2 / Subtitle 6 / Section 2-607
§2–607.
Status: in_force

(a) Articles of amendment shall set forth the amendment and state:

(1) That the amendment was advised by the board of directors and approved by the stockholders; or

(2) That the amendment was approved by a majority of the entire board of directors and that:

(i) No stock entitled to be voted on the matter was outstanding or subscribed for at the time of approval; or

(ii) The amendment is limited to a change expressly authorized by § 2–105(a)(13) of this title or § 2–604(b) or § 2–605 of this subtitle to be made without action by the stockholders.

(b) If the amendment increases the authorized stock of the corporation, the articles of amendment also shall include:

(1) Both as of immediately before the amendment and as amended:

(i) The total number of shares of stock of all classes which the corporation has authority to issue;

(ii) The number of shares of stock of each class;

(iii) The par value of the shares of stock of each class or a statement that the shares are without par value; and

(iv) If there are any shares of stock with par value, the aggregate par value of all the shares of all classes; and

(2) If the shares are divided into classes:

(i) A description, as amended, of each class, including the preferences, conversion and other rights, voting powers, restrictions, limitations as to dividends, qualifications, and terms and conditions of redemption; or

(ii) A statement that the information required by item (i) of this item was not changed by the amendment.
Md. Code, Insurance § 2-501 — MD Code / Article gin / Title 2 / Subtitle 5 / Section 2-501
§2–501.
Status: in_force

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

(b) “Assessment” means an assessment that, subject to § 2-505(c)(3) of this subtitle, equals 60% of the Administration’s approved annual budget appropriation under this article.

(c) “Fund” means the Insurance Regulation Fund established under § 2-505 of this subtitle.

(d) (1) “Health insurer” means an insurer that holds a certificate of authority issued by the Commissioner to engage in the business of health insurance.

(2) “Health insurer” includes:

(i) a health maintenance organization operating under a certificate of authority issued by the Commissioner under Title 19, Subtitle 7 of the Health - General Article;

(ii) a nonprofit health service plan operating under Title 14, Subtitle 1 of this article; and

(iii) a dental plan operating under Title 14, Subtitle 4 of this article.

(e) “Health insurer assessment portion” means 40% of the assessment.

(f) (1) “Insurer” means an insurer or other entity authorized to engage in the insurance business in the State under a certificate of authority issued by the Commissioner.

(2) “Insurer” includes:

(i) a health maintenance organization operating under a certificate of authority issued by the Commissioner under Title 19, Subtitle 7 of the Health - General Article;

(ii) a nonprofit health service plan operating under Title 14, Subtitle 1 of this article;

(iii) a dental plan operating under Title 14, Subtitle 4 of this article; and

(iv) the Maryland Automobile Insurance Fund.

(g) “Life insurer” means an insurer that holds a certificate of authority issued by the Commissioner to engage in the business of life insurance.

(h) “Life insurer assessment portion” means 26% of the assessment.

(i) “Multiple type insurer” means an insurer that engages in more than one of the following types of insurance:

(1) life;

(2) health; or

(3) property and casualty.

(j) (1) “Premium” has the meaning stated in § 1-101 of this article to the extent it is allocable to this State.

(2) “Premium” includes any amounts paid to a health maintenance organization as compensation on a predetermined basis for providing services to members and subscribers as specified in Title 19, Subtitle 7 of the Health - General Article to the extent it is allocable to this State.

(k) (1) “Property and casualty insurer” means an insurer that holds a certificate of authority issued by the Commissioner to engage in the business of property and casualty insurance.

(2) “Property and casualty insurer” includes the Maryland Automobile Insurance Fund.

(l) “Property and casualty insurer assessment portion” means 34% of the assessment.
Md. Code, Health - General § 2-1001 — MD Code / Article ghg / Title 2 / Subtitle 10 / Section 2-1001
§2–1001.
Status: in_force

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

(b) “Commission” means the Commission on Civil Rights.

(c) “Gender identity” has the meaning stated in § 20–101 of the State Government Article.

(d) “Sexual orientation” has the meaning stated in § 20–101 of the State Government Article.

(e) “Unit of the Department” means a unit described under § 2–106 of this title.
Md. Code, State Finance and Procurement § 2-511 — MD Code / Article gsf / Title 2 / Subtitle 5 / Section 2-511
§2–511.
Status: in_force

This subtitle may be cited as the “Maryland Facilities for the Handicapped Act”.
Md. Code, Criminal Procedure § 2-208 — MD Code / Article gcp / Title 2 / Subtitle 2 / Section 2-208
§2–208.
Status: in_force

(a) (1) The State Fire Marshal or a full–time investigative and inspection assistant of the Office of the State Fire Marshal may arrest a person without a warrant if the State Fire Marshal or assistant has probable cause to believe:

(i) a felony that is a crime listed in paragraph (2) of this subsection has been committed or attempted; and

(ii) the person to be arrested has committed or attempted to commit the felony whether or not in the presence or within the view of the State Fire Marshal or assistant.

(2) The powers of arrest set forth in paragraph (1) of this subsection apply only to the crimes listed in this paragraph and to attempts, conspiracies, and solicitations to commit these crimes:

(i) murder under § 2–201(4) of the Criminal Law Article;

(ii) setting fire to a dwelling or occupied structure under § 6–102 of the Criminal Law Article;

(iii) setting fire to a structure under § 6–103 of the Criminal Law Article;

(iv) a crime that relates to destructive devices under § 4–503 of the Criminal Law Article; and

(v) making a false statement or rumor as to a destructive device under § 9–504 of the Criminal Law Article.

(b) (1) The State Fire Marshal or a full–time investigative and inspection assistant of the Office of the State Fire Marshal may arrest a person without a warrant if the State Fire Marshal or assistant has probable cause to believe:

(i) the person has committed a crime listed in paragraph (2) of this subsection; and

(ii) unless the person is arrested immediately, the person:

1. may not be apprehended;

2. may cause physical injury or property damage to another; or

3. may tamper with, dispose of, or destroy evidence.

(2) The crimes referred to in paragraph (1) of this subsection are:

(i) a crime that relates to a device that is constructed to represent a destructive device under § 9–505 of the Criminal Law Article;

(ii) malicious burning in the first or second degree under § 6–104 or § 6–105 of the Criminal Law Article;

(iii) burning the contents of a trash container under § 6–108 of the Criminal Law Article;

(iv) making a false alarm of fire under § 9–604 of the Criminal Law Article;

(v) a crime that relates to burning or attempting to burn property as part of a religious or ethnic crime under § 10–304 or § 10–305 of the Criminal Law Article;

(vi) a crime that relates to interference, obstruction, or false representation of fire and safety personnel under § 6–602 or § 7–402 of the Public Safety Article; and

(vii) threatening arson or attempting, causing, aiding, counseling, or procuring arson in the first or second degree or malicious burning in the first or second degree under Title 6, Subtitle 1 of the Criminal Law Article.

(c) (1) The State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal may act under the authority granted by § 2–102 of this title to police officers as provided under paragraph (2) of this subsection.

(2) When acting under the authority granted by § 2–102 of this title, the State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal has the powers of arrest set forth in §§ 2–202, 2–203, and 2–204 of this subtitle.

(d) (1) The State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal who acts under the authority granted by this section shall notify the following persons of an investigation or enforcement action:

(i) 1. the chief of police, if any, or chief’s designee, when in a municipal corporation;

2. the Police Commissioner or Police Commissioner’s designee, when in Baltimore City;

3. the chief of police or chief’s designee, when in a county with a county police department, except Baltimore City;

4. the sheriff or sheriff’s designee, when in a county without a county police department;

5. the Secretary of Natural Resources or Secretary’s designee, when on property owned, leased, operated by, or under the control of the Department of Natural Resources; or

6. the respective chief of police or chief’s designee, when on property owned, leased, operated by, or under the control of the Maryland Transportation Authority, Maryland Aviation Administration, or Maryland Port Administration; and

(ii) the Department of State Police barrack commander or commander’s designee, unless there is an agreement otherwise with the Department of State Police.

(2) When the State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal participates in a joint investigation with officials from another state, federal, or local law enforcement unit, the State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal shall give the notice required under paragraph (1) of this subsection reasonably in advance.

(e) A State Fire Marshal or a full–time investigative and inspection assistant in the Office of the State Fire Marshal who acts under the authority granted by this section:

(1) has the same immunities from liability and exemptions as a State Police officer in addition to any other immunities and exemptions to which the State Fire Marshal or full–time investigative and inspection assistant is otherwise entitled; and

(2) remains at all times and for all purposes an employee of the employing unit.

(f) (1) This section does not impair a right of arrest otherwise existing under the Code.

(2) This section does not deprive a person of the right to receive a citation for a traffic violation as provided in the Maryland Vehicle Law or a criminal violation as provided by law or the Maryland Rules.
Md. Code, State Government § 2-1005 — MD Code / Article gsg / Title 2 / Subtitle 10 / Section 2-1005
§2–1005.
Status: in_force

(a) On or before December 20 of each year, the Committee shall submit, subject to § 2–1257 of this title, to the Legislative Policy Committee and the Governor a report with recommendations on fiscal goals for the State budget to be considered at the next regular session of the General Assembly, including:

(1) a recommended level of State spending;

(2) a recommended level of new debt authorization;

(3) a recommended level of State personnel;

(4) a recommended use of any anticipated surplus;

(5) a recommended end–of–the–year General Fund balance;

(6) a recommended end–of–the–year balance in the Revenue Stabilization Account established under § 7–311 of the State Finance and Procurement Article;

(7) a recommended structural balance goal;

(8) a recommended fund balance for the Transportation Trust Fund established under § 3–216 of the Transportation Article;

(9) a recommended minimum expenditure level for system preservation by the Maryland Department of Transportation; and

(10) other findings or recommendations that the Committee considers appropriate.

(b) If the report recommends expenditures in excess of the annual increase in personal income, gross State product, or other data that the Committee used to measure the growth of the State’s economy, the Committee shall provide the Senate and the House with an analysis as to the extent the recommendation exceeds those economic indicators.