Md. Code, Estates and Trusts § 3-404 — MD Code / Article get / Title 3 / Subtitle 4 / Section 3-404
§3–404.
Status: reserved

(a) (1) Subject to paragraph (2) of this subsection, the value of the decedent’s augmented estate shall be calculated by totaling the value of:

(i) The probate estate of the decedent;

(ii) All revocable trusts of the decedent;

(iii) All property with respect to which the decedent, immediately before death, held a qualifying power of disposition;

(iv) All qualifying joint interests of the decedent; and

(v) All qualifying lifetime transfers of the decedent.

(2) If a property interest is included in the augmented estate under more than one item of paragraph (1) of this subsection, only the item resulting in the largest augmented estate shall apply.

(b) The estate subject to election shall be calculated by reducing the value of the decedent’s augmented estate by:

(1) Funeral and administration expenses payable from the augmented estate;

(2) Family allowances payable from the augmented estate;

(3) Enforceable claims and debts against any part of the augmented estate;

(4) The value of any assets included in the augmented estate that, at the time of the decedent’s death, were held in a trust of which the decedent is not a settlor, if:

(i) The assets were not previously owned by the decedent; or

(ii) The assets were previously owned by the decedent but were sold by the decedent in accordance with a bona fide sale for adequate consideration in money or money’s worth;

(5) The value of any assets included in the augmented estate under subsection (a)(1)(iii) of this section that, at the time of the decedent’s death, were held:

(i) In a trust established under § 1917(c)(2)(B)(iii), (c)(2)(B)(iv), (d)(4)(A), or (d)(4)(C) of the Social Security Act;

(ii) In an account established under § 529A of the Internal Revenue Code; or

(iii) In a special needs trust for the benefit of an individual who is disabled as defined in § 1614(a)(3) of the Social Security Act;

(6) The value of any property included in the augmented estate under subsection (a)(1)(iii), (iv), or (v) of this section, the disposition of which the surviving spouse of the decedent consented to in writing during the decedent’s lifetime other than by means of spousal consent to split–gift treatment under the federal gift tax laws;

(7) The value of any qualifying lifetime transfer of the decedent described in § 3–401(i)(1)(ii) of this subtitle where:

(i) The initial transfer took place before the decedent’s marriage to the surviving spouse of the decedent; or

(ii) The decedent’s interest in the property transferred terminated more than 2 years before the decedent’s death;

(8) The value of any qualifying lifetime transfer of the decedent described in § 3–401(i)(1)(iii) of this subtitle that occurred before the later of:

(i) The decedent’s marriage to the surviving spouse of the decedent; or

(ii) 2 years before the decedent’s death;

(9) The value of any interest in real property included in the augmented estate by reason of the decedent’s retention of a life estate in the real property if:

(i) At the time of the decedent’s death, the decedent held no qualifying power of disposition over the real property; and

(ii) The decedent’s life estate in the property was created more than 2 years before the decedent’s death; and

(10) The value of the proceeds of an insurance policy on the decedent’s life in excess of the net cash surrender value of the policy immediately before the decedent’s death or, in the case of term insurance, in excess of the total premiums paid, if:

(i) The proceeds are included in the augmented estate;

(ii) The proceeds are payable to a charity or to or for the exclusive lifetime benefit of an ancestor, a descendant, a step–descendant, or a sibling of the decedent; and

(iii) 1. The policy was purchased before the decedent’s marriage to the surviving spouse of the decedent;

2. The policy was purchased more than 5 years before the decedent’s death; or

3. The surviving spouse of the decedent consented in writing during the decedent’s lifetime to the disposition of the proceeds as described in item (ii) of this item.

(c) (1) The value of a qualifying lifetime transfer described under § 3–401(i)(1)(i) of this subtitle shall be determined as if the property still was owned by the transferor.

(2) The value of a qualifying lifetime transfer described under § 3–401(i)(1)(ii) of this subtitle shall be determined as of the date of the termination of the transferor’s interest in the transferred property.

(3) The value of a qualifying lifetime transfer described under § 3–401(i)(1)(iii) of this subtitle shall be determined as of the date of the transfer.
Md. Code, Insurance § 3-125 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-125
§3–125.
Status: in_force

(a) After compliance with this section, a domestic mutual insurer may reinsure with a stock insurer or mutual insurer all or substantially all of its insurance in force or a major class of its insurance in force by an agreement of bulk reinsurance.

(b) (1) An agreement of bulk reinsurance is not effective unless it is filed with and approved by the Commissioner in writing after a hearing.

(2) The Commissioner shall approve the agreement within a reasonable time after it is filed if the Commissioner finds that the agreement:

(i) is equitable to each domestic insurer involved; and

(ii) would not reduce substantially the protection of or service to the policyholders of each domestic insurer involved.

(3) If the Commissioner does not approve the agreement, the Commissioner shall notify each insurer involved in writing of the disapproval and specify the reasons for disapproval.

(c) (1) In accordance with reasonable notice and procedure approved by the Commissioner, the plan and agreement for bulk reinsurance must be approved by vote of at least two-thirds of each domestic mutual insurer’s members who vote on the agreement at meetings of the members called for that purpose.

(2) For a life insurer, the right to vote may be limited to members with policies, other than term or group policies, that have been in force for more than 1 year.

(d) (1) If the agreement is for reinsurance of a mutual insurer in a stock insurer, the agreement must provide for payment in cash to each member of the insurer who is entitled to payment as on conversion of a mutual insurer to a stock insurer under § 3-121 of this subtitle.

(2) Each member shall be paid the member’s equity in the insurance that is reinsured as determined under a fair formula approved by the Commissioner.

(3) Each member’s equity shall be based on the member’s equity in the reserves, assets, whether or not admitted assets, and surplus, if any, of the mutual insurer to be taken over by the stock insurer.
Md. Code, State Finance and Procurement § 3-305 — MD Code / Article gsf / Title 3 / Subtitle 3 / Section 3-305
§3–305.
Status: in_force

(a) Except as otherwise provided in this section, the Central Collection Unit shall pay the net proceeds of collections into the State Treasury.

(b) If the funds of a unit of the State government are not part of the State Treasury, the Central Collection Unit shall deliver to the Treasurer the net proceeds of collection on a debt or claim that was due to the unit of the State government for its account.

(c) All fees collected under § 3-304(a)(2) of this subtitle shall be credited to the Central Collection Fund established under § 3-306 of this subtitle.

(d) The Central Collection Unit shall deliver the net proceeds of collections from defendants or liable parents in arrears on restitution payments to the Division of Parole and Probation or the Department of Juvenile Services to be forwarded by the Division or Department to the victim or other appropriate person or agency in accordance with the judgment of restitution.
Md. Code, Agriculture § 3-901 — MD Code / Article gag / Title 3 / Subtitle 9 / Section 3-901
§3–901.
Status: in_force

In this subtitle, “transport” means to carry a horse, cause a horse to be carried, or allow a horse to be carried in a vehicle on a highway in the State.
Md. Code, Corporations and Associations § 3-418 — MD Code / Article gca / Title 3 / Subtitle 4 / Section 3-418
§3–418.
Status: in_force

(a) The receiver of a Maryland corporation being voluntarily or involuntarily dissolved is vested with full title to all the assets of the corporation and has full power to enforce obligations or liabilities in its favor. He shall liquidate the assets of the corporation and wind up its affairs under the supervision of the court and has all powers necessary for that purpose.

(b) (1) Any preference, payment, or transfer made by the corporation which would be void, voidable, or fraudulent under State law or the federal Bankruptcy Code if made by an insolvent or bankrupt is to the same extent void, voidable, or fraudulent, respectively, as to the corporation, and the receiver has the powers of a trustee in bankruptcy with respect to setting them aside.

(2) For the purpose of this subsection, the date of filing a petition for appointment of a receiver has the same effect as the date of filing a petition in bankruptcy.

(c) If assets of a corporation are sold to foreclose a mortgage, deed of trust, security interest, or similar instrument:

(1) The receiver may sell only the corporation’s equity of redemption in the assets, unless the other parties in interest agree otherwise in writing; and

(2) If the other parties do not agree otherwise in writing, the sale may take place as if the proceedings for dissolution had not been instituted.
Md. Code, Insurance § 3-302 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

(a) This subtitle does not apply to:

(1) life insurance;

(2) health insurance, except as provided in subsection (c) of this section;

(3) annuities;

(4) reinsurance;

(5) wet marine and transportation insurance, except as provided in subsection (b) of this section;

(6) insurance on a subject that is located, resident, or to be performed wholly outside the State;

(7) insurance on vehicles or aircraft owned and principally garaged outside the State;

(8) insurance on property or operation of railroads engaged in interstate commerce;

(9) insurance:

(i) on aircraft owned or operated by aircraft manufacturers or operated in scheduled interstate flight;

(ii) on cargo of the aircraft described in item (i) of this item; or

(iii) against liability arising out of the ownership, maintenance, or use of the aircraft described in item (i) of this item, other than workers’ compensation or employer’s liability; or

(10) medical stop–loss insurance, as defined in § 15–129 of this article.

(b) This subtitle applies to wet marine and transportation insurance on:

(1) a pleasure craft under 60 feet in length that is owned and used for pleasure and not for business, hire, or other commercial use;

(2) fishing vessels under 50 gross tons that are not part of a fleet of 3 or more vessels; and

(3) charter or head boats under 50 gross tons that are not part of a fleet of 3 or more vessels.

(c) Subject to § 3–306.2 of this subtitle, this subtitle applies to:

(1) disability insurance that:

(i) provides for lost income, revenue, or proceeds in the event that an illness, accident, or injury results in a disability that impairs an insured’s ability to work or otherwise generate income, revenue, or proceeds that the insurance is intended to replace; and

(ii) does not include payment for medical expenses, dismemberment, or accidental death; and

(2) short–term medical insurance that provides limited health insurance benefits for a limited period of time to:

(i) residents of the United States who travel to another country within 30 days after the effective date of coverage; and

(ii) residents of another country who:

1. travel to the United States within 30 days after the effective date of coverage; and

2. are not traveling to the United States for the purpose of attending an institution of higher education, as defined in § 10–101 of the Education Article.
Md. Code, Financial Institutions § 3-504 — MD Code / Article gfi / Title 3 / Subtitle 5 / Section 3-504
§3–504.
Status: in_force

(a) A trust company shall establish and maintain a common trust fund only in accordance with a fund plan that is approved:

(1) By resolution of the board of directors of the trust company; and

(2) By legal counsel.

(b) Notwithstanding any provision of law that applies to a participating fiduciary account, a fund plan controls:

(1) Participations in the fund; and

(2) The rights and benefits in participating accounts of all persons who have interests in the fund.
Md. Code, Health - General § 3-302 — MD Code / Article ghg / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

(a) The health officer for a county shall be nominated by the county and appointed by the Secretary.

(b) (1) The governing body of each county shall establish, by ordinance or resolution, the process by which the county nominates an individual for health officer.

(2) If a vacancy occurs in the position of health officer for a county, the governing body shall establish a process, in consultation with the Department, for making a recommendation to the Secretary for the appointment of a health officer.

(3) The process established under paragraph (2) of this subsection shall include the requirements for recruiting, interviewing, and recommending applicants for the position of health officer.

(c) (1) If the Secretary finds that a nominee meets the qualifications of this section, the Secretary shall appoint the nominee as health officer.

(2) If the Secretary finds that the nominee does not meet the qualifications of this section, the Secretary shall reject the nomination, and the county shall provide the Secretary with another nomination.

(d) Each health officer:

(1) Shall have:

(i) A master’s degree in public health and at least 2 years’ work in the field of public health; or

(ii) At least 5 years’ work in the field of public health;

(2) Shall have any other qualifications and training in the field of public health that the Secretary requires by rule or regulation; and

(3) Need not be a physician, if the health officer has a deputy who:

(i) Is a physician; and

(ii) Meets the qualifications of this subsection.

(e) Before taking office, each appointee to the office of health officer shall take the oath required by Article I, § 9 of the Maryland Constitution.

(f) (1) The health officer for a county may be removed from office with the concurrence of the governing body of that county and the Secretary.

(2) (i) Any information concerning the removal of a health officer from office is confidential in accordance with Title 4 of the General Provisions Article.

(ii) Any meeting of the governing body of a county or any meeting that includes the Secretary related to the removal of a health officer from office shall be closed.

(3) (i) If the Secretary and the governing body concur on the removal of a health officer, the Secretary shall provide written notification to the health officer that includes:

1. The basis for the removal;

2. Documentation supporting the removal; and

3. Notice of the opportunity to request a hearing with the Secretary within 10 days after receipt of the written notification and information on how to request the hearing.

(ii) If the health officer requests a hearing with the Secretary:

1. The Secretary promptly shall hold a hearing, provided that the hearing may not be held sooner than 10 days or later than 30 days after the Secretary sends the health officer a notice of the removal;

2. The health officer shall have an opportunity to be heard before the Secretary in the health officer’s defense; and

3. The Secretary shall make a final decision not later than 10 days after the date of the hearing.

(4) Not later than 30 days after the Secretary makes a decision under paragraph (3) of this subsection, a health officer may request a hearing before the appropriate circuit court to ensure that the proceedings for the removal of the health officer were conducted in accordance with paragraph (3) of this subsection.
Md. Code, Labor and Employment § 3-421 — MD Code / Article gle / Title 3 / Subtitle 4 / Section 3-421
§3–421.
Status: reserved

(a) In this section, “nurse” means a licensed practical nurse or a registered nurse as defined in § 8-101 of the Health Occupations Article.

(b) Except as provided in subsections (c) and (d) of this section, an employer may not require a nurse to work more than the regularly scheduled hours according to the predetermined work schedule.

(c) A nurse may be required to work overtime if:

(1) the work is a consequence of an emergency situation which could not have been reasonably anticipated;

(2) the emergency situation is nonrecurring and is not caused by or aggravated by the employer’s inattention or lack of reasonable contingency planning;

(3) the employer has exhausted all good faith, reasonable attempts to obtain voluntary workers during the succeeding shifts;

(4) the nurse has critical skills and expertise that are required for the work;

(5) the standard of care for a patient assignment requires continuity of care through completion of a case, treatment, or procedure; and

(6) (i) the employer has informed the nurse of the basis for the employer’s direction; and

(ii) that basis satisfies the other requirements for mandatory overtime listed under this subsection.

(d) In addition to the provisions of subsection (c) of this section, a nurse may be required to work overtime if:

(1) a condition of employment includes on-call rotation; or

(2) the nurse works in community-based care.

(e) This section may not be construed to prohibit a nurse from voluntarily agreeing to work more than the number of scheduled hours provided in this section.

(f) (1) Except as provided in subsections (c) and (d) of this section, a nurse may not be considered responsible for the care of a patient beyond the nurse’s predetermined work schedule if the nurse:

(i) has notified another appropriate nurse of the patient’s status; and

(ii) has transferred responsibility for the patient’s care to another appropriate nurse or properly designated individual.

(2) The employer shall exhaust all good faith, reasonable attempts to ensure that appropriate staff is available to accept responsibility for a patient’s care beyond a nurse’s predetermined work schedule.
Md. Code, Labor and Employment § 3-413 — MD Code / Article gle / Title 3 / Subtitle 4 / Section 3-413
§3–413.
Status: in_force

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

(2) “Employer” includes a governmental unit.

(3) “Small employer” means an employer that employs 14 or fewer employees.

(b) Except as provided in subsection (d) of this section and § 3–414 of this subtitle, each employer shall pay:

(1) to each employee who is subject to both the federal Act and this subtitle, at least the greater of:

(i) the minimum wage for that employee under the federal Act; or

(ii) the State minimum wage set under subsection (c) of this section; and

(2) to each other employee who is subject to this subtitle, at least the greater of:

(i) the highest minimum wage under the federal Act; or

(ii) the State minimum wage set under subsection (c) of this section.

(c) (1) Except as provided in paragraph (2) of this subsection, the State minimum wage rate is:

(i) for the 12–month period beginning January 1, 2023, $13.25 per hour; and

(ii) beginning January 1, 2024, $15.00 per hour.

(2) The State minimum wage rate for a small employer is:

(i) for the 12–month period beginning January 1, 2023, $12.80 per hour; and

(ii) beginning January 1, 2024, $15.00 per hour.

(d) An employer may pay an employee a wage that equals a rate of 85% of the State minimum wage established under this section if the employee is under the age of 18 years.
Md. Code, Insurance § 3-311 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-311
§3–311.
Status: in_force

An applicant for a certificate of qualification shall:

(1) be qualified as an insurance producer;

(2) hold an insurance producer’s license for the kind of insurance being solicited or sold; and

(3) be competent and trustworthy, as determined by the Commissioner.
Md. Code, General Provisions § 3-307 — MD Code / Article ggp / Title 3 / Subtitle 3 / Section 3-307
§3–307.
Status: in_force

(a) This section applies only to the following public bodies:

(1) the Board of Directors of the Bainbridge Development Corporation;

(2) the Canal Place Preservation and Development Authority;

(3) the Maryland 9–1–1 Board;

(4) the Board of Directors of the Maryland Agricultural and Resource–Based Industry Corporation;

(5) the Board of Directors of the Maryland Clean Energy Center;

(6) the Board of Directors of the Maryland Economic Development Corporation;

(7) the Board of Directors of the Maryland Environmental Service;

(8) the Maryland Food Center Authority;

(9) the Maryland Health and Higher Educational Facilities Authority;

(10) the Maryland Industrial Development Financing Authority;

(11) the Maryland Stadium Authority;

(12) the Maryland Transportation Authority;

(13) the Northeast Maryland Waste Disposal Authority;

(14) the Public Service Commission;

(15) the State Board of Elections;

(16) the Maryland Technology Development Corporation;

(17) the Historic St. Mary’s City Commission;

(18) the State Ethics Commission;

(19) the Maryland Aviation Commission; and

(20) the Maryland Department of Transportation, with respect to quarterly public meetings held by the Vision Zero coordinator on the implementation of Vision Zero under § 8–1004 of the Transportation Article.

(b) A public body specified in subsection (a) of this section shall make publicly available on its website:

(1) each open meeting agenda, together with a summary of any finalized documents, written testimony from the public, and other materials that the public body will vote on at the open meeting:

(i) at least 48 hours in advance of each meeting; or

(ii) if the meeting is being held due to an emergency, a natural disaster, or any other unanticipated situation, as far in advance of the meeting as practicable;

(2) meeting minutes from the portions of a meeting that were held in open session, not more than 2 business days after the minutes are approved; and

(3) subject to subsections (f) and (g) of this section, live video streaming of each portion of a meeting that is held in open session.

(c) To the extent practicable, each open meeting agenda shall indicate:

(1) whether the public body intends to adjourn the open session to a closed session; and

(2) if applicable, the expected time at which the public body intends to adjourn the open session to a closed session.

(d) (1) The public body shall approve meeting minutes in a timely manner.

(2) Each open meeting agenda shall include consideration of the meeting minutes from the most recent meeting.

(3) The requirement under paragraph (2) of this subsection does not apply to the agenda of an emergency meeting of a public body if consideration of the meeting minutes from the most recent meeting is not practicable because of the need to hold an emergency meeting.

(e) The public body shall maintain on its website:

(1) meeting minutes made available under subsection (b) of this section for a minimum of 5 years after the date of the meeting; and

(2) except as provided in subsections (f), (g), and (g–1) of this section, a complete and unedited archived video recording of each open meeting for which live video streaming was made available under subsection (b) of this section for a minimum of 1 year after the date of the meeting.

(f) (1) This subsection applies only to the Maryland Stadium Authority.

(2) If the Maryland Stadium Authority meets by telephone conference, the Authority shall:

(i) make publicly available on its website live audio streaming of each portion of the meeting that is held in open session; and

(ii) maintain on its website a complete and unedited archived audio recording of each meeting for which live audio streaming was made available for a minimum of 1 year after the date of the meeting.

(g) (1) This subsection applies only to the Maryland Transportation Authority.

(2) The Maryland Transportation Authority is required to provide live video streaming of a meeting only if the meeting is held at:

(i) the headquarters of the Maryland Transportation Authority; or

(ii) a location where the Maryland Transportation Authority held at least 10 meetings during the immediately preceding calendar year.

(g–1) The Maryland Department of Transportation, with respect to quarterly public meetings held by the Vision Zero coordinator on the implementation of Vision Zero under § 8–1004 of the Transportation Article, shall maintain on its website a complete and unedited archived video recording of the meeting for a minimum of 5 years after the date of the meeting.

(h) The Department of Information Technology shall provide the technical staff, support, and equipment necessary to livestream the open meetings of:

(1) the Maryland Transportation Authority;

(2) the State Board of Elections; and

(3) the State Ethics Commission.

(i) For purposes of this title, a project site visit or educational field tour may not be considered a meeting of a public body listed under subsection (a) of this section if no organizational business is conducted.

(j) Nothing in this section may be construed to prevent a public body from altering the agenda of a meeting after the agenda has been made available to the public.

(k) The requirements of this section are in addition to the other requirements of this subtitle.
Md. Code, Correctional Services § 3-203 — MD Code / Article gcs / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

(a) Subject to the authority vested in the Secretary by law, the Commissioner is in charge of the Division and its units.

(b) The Commissioner is responsible to the Secretary and the Governor for the operation and conduct of the Division.
Md. Code, Financial Institutions § 3-212 — MD Code / Article gfi / Title 3 / Subtitle 2 / Section 3-212
§3–212.
Status: in_force

(a) After its articles of incorporation are filed for record and its required capital stock and surplus are paid in full, the commercial bank shall give to the Commissioner:

(1) Notice that the commercial bank has complied with all of the applicable provisions of this title; and

(2) A certified list of all of its stockholders, including their names and residence addresses and the number of shares of capital stock for which each paid.

(b) The Commissioner shall examine the condition of the commercial bank to determine:

(1) The name and residence of each director;

(2) If the required capital stock and surplus are paid in full; and

(3) If the commercial bank has complied with all other applicable provisions of this title.

(c) If, after examination, it appears that the commercial bank lawfully is entitled to do business, the Commissioner shall issue the certificate of authority to do business.

(d) (1) If, after examination, it appears that the required capital stock and surplus have not been paid in full, the Commissioner may not issue the certificate of authority to do business.

(2) If, after examination, the Commissioner has reason to believe that the stockholders formed the commercial bank for any purpose other than legitimate business under this article, the Commissioner, with the advice and consent of the Secretary of Labor, may withhold the certificate.
Md. Code, Natural Resources § 3-1001 — MD Code / Article gnr / Title 3 / Subtitle 10 / Section 3-1001
§3–1001.
Status: in_force

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

(b) (1) “Coast Smart” means a construction practice in which preliminary planning, siting, design, construction, operation, maintenance, and repair of a structure or highway facility avoids or minimizes future impacts associated with coastal flooding and sea level rise inundation.

(2) “Coast Smart” includes design criteria and siting criteria that are applicable throughout the entire life cycle of a project.

(c) “Council” means the Coast Smart Council.

(d) “Design criteria” means standard specifications related to the shape, size, or form of a construction practice.

(e) “Freshwater” means water with a total dissolved–solid concentration of less than 1,000 mg/L.

(f) “Highway facility” has the meaning stated in § 3–101(f) of the Transportation Article.

(g) “Nuisance flooding” means high–tide flooding that causes public inconvenience.

(h) (1) “Replacement cost” means, at the time of reconstruction, the cost of reconstructing a structure and its surrounding property to full use with materials of the same kind and quality as the original materials.

(2) “Replacement cost” does not include:

(i) The value of the land on which a structure is located; or

(ii) For tax purposes, a deduction for depreciation.

(i) (1) “Saltwater intrusion” means the movement of water with a total dissolved–solid concentration greater than or equal to 1,000 mg/L to freshwater.

(2) “Saltwater intrusion” includes saltwater intrusion into surface water, aquifers, and soils.

(j) “Sea level rise inundation” means the inundation of land from a sea level rise of 2 feet, as determined by the Council.

(k) “Siting criteria” means specifications related to the location or use of a structure or highway facility.

(l) “Structure” means:

(1) A walled or roofed building;

(2) A manufactured home; or

(3) A gas or liquid storage tank that is principally above ground.

(m) “Substantial damage” means damage caused by any source that is sustained by a structure such that the cost of reconstruction to its before–damaged condition is at least half of the structure’s replacement cost before the damage occurred.
Md. Code, Labor and Employment § 3-1501 — MD Code / Article gle / Title 3 / Subtitle 15 / Section 3-1501
§3–1501.
Status: in_force

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

(b) “Criminal record” means:

(1) an arrest;

(2) a plea or verdict of guilty;

(3) a plea of nolo contendere;

(4) the marking of a charge “stet” on the docket;

(5) a disposition of probation before judgment; or

(6) a disposition of not criminally responsible.

(c) (1) “Employer” means a person who employs 15 or more full–time employees.

(2) “Employer” includes a person who acts, directly or indirectly, in the interest of an employer with respect to an employee of the employer.

(d) (1) “Employment” means any work for pay and any form of vocational or educational training, with or without pay.

(2) “Employment” includes:

(i) contractual, temporary, seasonal, or contingent work; and

(ii) work through the services of a temporary or other employment agency.
Md. Code, Business Occupations and Professions § 3-407 — MD Code / Article gbo / Title 3 / Subtitle 4 / Section 3-407
§3–407.
Status: in_force

(a) Subject to subsection (b) of this section and while a permit is in effect, it authorizes the holder to:

(1) operate a business through which a licensed architect practices architecture; and

(2) represent to the public that the business provides the services of a licensed architect.

(b) A permit authorizes the holder to provide a service that constitutes practicing architecture only if the service is performed by an individual who is licensed or otherwise authorized under this title to practice architecture.
Md. Code, Natural Resources § 3-1005 — MD Code / Article gnr / Title 3 / Subtitle 10 / Section 3-1005
§3–1005.
Status: in_force

(a) The Coast Smart Council shall include:

(1) The Secretary of Natural Resources, or the Secretary’s designee;

(2) The Secretary of Budget and Management, or the Secretary’s designee;

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

(4) The Secretary of General Services, or the Secretary’s designee;

(5) The Secretary of Planning, or the Secretary’s designee;

(6) The Secretary of Transportation, or the Secretary’s designee;

(7) The Secretary of Commerce, or the Secretary’s designee;

(8) The Chair of the Critical Area Commission for the Chesapeake and Atlantic Coastal Bays, or the Chair’s designee;

(9) The Secretary of Emergency Management, or the Secretary’s designee;

(10) The Comptroller, or the Comptroller’s designee;

(11) The Chancellor of the University System of Maryland, or the Chancellor’s designee; and

(12) Five members appointed by the Governor to represent local government, environmental, and business interests.

(b) The Secretary of Natural Resources or the Secretary’s designee shall chair the Council.

(c) (1) Subject to paragraph (2) of this subsection, the term of a member appointed by the Governor is 2 years.

(2) The Governor shall stagger the terms of the initial appointed members.

(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(4) A member who is appointed after a term has begun serves only for the remainder of that term and until a successor is appointed and qualifies.

(5) The Governor may remove an appointed member for incompetence, misconduct, or failure to perform the duties of the position.

(d) A member appointed by the Governor may not receive compensation but is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
Md. Code, Courts and Judicial Proceedings § 3-2B-05 — MD Code / Article gcj / Title 3 / Subtitle 2B / Section 3-2B-05
§3–2B–05.
Status: in_force

(a) Any complaint filed in circuit court with respect to international commercial arbitration shall be filed with the court in the county:

(1) As provided by the agreement; or

(2) Where the arbitration hearing was held.

(b) If the agreement does not provide for a county in which a complaint shall be filed or if the hearing has not been held, the complaint shall be filed with the court:

(1) In the county where the adverse party resides;

(2) In the county where the adverse party has a place of business or owns real property; or

(3) If the adverse party has neither a residence nor a place of business or property in the State, in Baltimore City.
Md. Code, Agriculture § 3-105.1 — MD Code / Article gag / Title 3 / Subtitle 1 / Section 3-105.1
§3–105.
Status: in_force

§3–105.1.

(a) The Secretary or a designee of the Secretary may apply to a judge of the District Court or a circuit court for an administrative search warrant to enter any factory, warehouse, vehicle, building, establishment, or other premises to conduct any inspection required or authorized by law to determine compliance with the provisions of this subtitle relating to the regulation and prevention of infectious and contagious livestock and poultry diseases.

(b) (1) The application shall be in writing and signed and sworn to by the applicant and shall particularly describe the place, structure, premises, vehicle, or records to be inspected and the nature, scope, and purpose of the inspection to be performed by the applicant.

(2) Before the filing of a search warrant application with a court, it shall be approved by the Attorney General of Maryland as to its legality in both form and substance under the standards and criteria of this section and a statement to this effect shall be included as part of the application.

(c) A judge of a court referred to in subsection (a) of this section may issue the warrant on finding that:

(1) The applicant has sought access to the property for the purpose of making an inspection;

(2) (i) After requesting, at a reasonable time, the owner, tenant, or other individual in charge of the property to allow access, has been denied access to the property; or

(ii) After making a reasonable effort, has been unable to locate any of these individuals;

(3) The requirements of subsection (b) of this section are met;

(4) The Secretary or designee of the Secretary is authorized or required by law to make an inspection of the property for which the warrant is sought; and

(5) Probable cause for the issuance of the warrant has been demonstrated by the applicant by specific evidence of an existing violation of any provision of this subtitle or any rule or regulation adopted under this subtitle.

(d) (1) An administrative search warrant issued under this section shall specify the place, structure, premises, vehicle, or records to be inspected.

(2) The inspection conducted may not exceed the limits specified in the warrant.

(e) An administrative search warrant issued under this section authorizes the Secretary or designee of the Secretary to enter the specified property to perform the inspection, sampling, and other functions authorized by law to determine compliance with the provisions of this subtitle relating to the regulation and prevention of infectious and contagious livestock and poultry diseases.

(f) An administrative search warrant issued under this section shall be executed and returned to the judge by whom it was issued within:

(1) The time specified in the warrant, not to exceed 30 days; or

(2) If no time period is specified in the warrant, 15 days from the date of its issuance.

(g) Any information obtained pursuant to an administrative search warrant shall be considered as confidential and may not be disclosed except to the extent utilized in an administrative or judicial proceeding.
Md. Code, Commercial Law § 3-502 — MD Code / Article gcl / Title 3 / Subtitle 5 / Section 3-502
§3–502.
Status: in_force

(a) Dishonor of a note is governed by the following rules:

(1) If the note is payable on demand, the note is dishonored if presentment is duly made to the maker and the note is not paid on the day of presentment.

(2) If the note is not payable on demand and is payable at or through a bank or the terms of the note require presentment, the note is dishonored if presentment is duly made and the note is not paid on the day it becomes payable or the day of presentment, whichever is later.

(3) If the note is not payable on demand and paragraph (2) does not apply, the note is dishonored if it is not paid on the day it becomes payable.

(b) Dishonor of an unaccepted draft other than a documentary draft is governed by the following rules:

(1) If a check is duly presented for payment to the payor bank otherwise than for immediate payment over the counter, the check is dishonored if the payor bank makes timely return of the check or sends timely notice of dishonor or nonpayment under § 4-301 or § 4-302, or becomes accountable for the amount of the check under § 4-302.

(2) If a draft is payable on demand and paragraph (1) does not apply, the draft is dishonored if presentment for payment is duly made to the drawee and the draft is not paid on the day of presentment.

(3) If a draft is payable on a date stated in the draft, the draft is dishonored if (i) presentment for payment is duly made to the drawee and payment is not made on the day the draft becomes payable or the day of presentment, whichever is later, or (ii) presentment for acceptance is duly made before the day the draft becomes payable and the draft is not accepted on the day of presentment.

(4) If a draft is payable on elapse of a period of time after sight or acceptance, the draft is dishonored if presentment for acceptance is duly made and the draft is not accepted on the day of presentment.

(c) Dishonor of an unaccepted documentary draft occurs according to the rules stated in subsection (b)(2), (3), and (4), except that payment or acceptance may be delayed without dishonor until no later than the close of the third business day of the drawee following the day on which payment or acceptance is required by those paragraphs.

(d) Dishonor of an accepted draft is governed by the following rules:

(1) If the draft is payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and the draft is not paid on the day of presentment.

(2) If the draft is not payable on demand, the draft is dishonored if presentment for payment is duly made to the acceptor and payment is not made on the day it becomes payable or the day of presentment, whichever is later.

(e) In any case in which presentment is otherwise required for dishonor under this section and presentment is excused under § 3-504, dishonor occurs without presentment if the instrument is not duly accepted or paid.

(f) If a draft is dishonored because timely acceptance of the draft was not made and the person entitled to demand acceptance consents to a late acceptance, from the time of acceptance the draft is treated as never having been dishonored.
Md. Code, Courts and Judicial Proceedings § 3-230 — MD Code / Article gcj / Title 3 / Subtitle 2 / Section 3-230
§3–230.
Status: in_force

(a) If a party dies before an award is returned and judgment rendered, the cause does not abate and the arbitrators shall give a reasonable notice of the pending proceedings to the personal representative.

(b) Notwithstanding the death of a party, the arbitrators shall proceed with a determination and return their award upon which judgment may be entered.
Md. Code, Courts and Judicial Proceedings § 3-818 — MD Code / Article gcj / Title 3 / Subtitle 8 / Section 3-818
§3–818.
Status: in_force

(a) Except as provided in subsection (b) of this section, within 1 year after a child’s birth, there is a presumption that a child is not receiving proper care and attention from the parent for purposes of § 3–801(f)(2) of this subtitle if:

(1) (i) The child was born exposed to cocaine, heroin, methamphetamine, or a derivative of cocaine, heroin, or methamphetamine as evidenced by any appropriate tests of the parent or child; or

(ii) Upon admission to a hospital for delivery of the child, the parent tested positive for cocaine, heroin, methamphetamine, or a derivative of cocaine, heroin, or methamphetamine as evidenced by any appropriate toxicology test; and

(2) Substance use disorder treatment is made available to the parent and the parent refuses the recommended level of substance use disorder treatment, or does not successfully complete the recommended level of substance use disorder treatment.

(b) (1) There is a presumption that a child is receiving proper care and attention from the parent for purposes of § 3–801(f)(2) of this subtitle if:

(i) The parent is receiving treatment in a residential substance use disorder treatment program with beds or services for patients’ children; and

(ii) The child is in the presence of the child’s parent for the duration of the child’s parent’s treatment.

(2) This subsection may not be construed to prohibit another parent or a guardian, a custodian, a relative, or another person able to provide supervision and care from providing supervision and care for a child for the duration of the child’s parent’s treatment if the other parent, guardian, custodian, relative, or other person agrees to provide supervision and care.
Md. Code, Economic Development § 3-102 — MD Code / Article gec / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

To support manufacturing in Maryland, it is the policy of the State to follow these seven principles:

(1) the State must make a long-term institutional commitment to improving the competitiveness of existing and emerging manufacturers;

(2) the State’s support for manufacturing must be industry-driven, with governmental and educational efforts focused on priorities set by businesses;

(3) to have a noticeable impact on the State and regional economies, the State’s efforts to support manufacturing must be organized in ways that address the level of need;

(4) the State’s support of manufacturing must be held accountable to measurable outcomes that result from the State’s business assistance activities;

(5) to be competitive, all manufacturers must deploy the latest advances in technology;

(6) to develop a competitive manufacturing base, the State should target its limited resources to those key manufacturing industries that have a strong presence or healthy growth prospects; and

(7) the State’s business assistance services for existing and emerging manufacturers must be:

(i) comprehensive, ranging across marketing, technology, financing, job training, and other needs of manufacturing; and

(ii) readily available across all regions of the State.
Md. Code, Correctional Services § 3-606 — MD Code / Article gcs / Title 3 / Subtitle 6 / Section 3-606
§3–606.
Status: in_force

On request, the Division shall provide a copy of a case record maintained under § 3-601 of this subtitle to a managing official of:

(1) a correctional facility in another state if that state has made reciprocal provisions by law for providing records of its convicted criminals to the authorities of other states;

(2) a federal correctional facility; and

(3) a local correctional facility.
Md. Code, Courts and Judicial Proceedings § 3-8C-11 — MD Code / Article gcj / Title 3 / Subtitle 8C / Section 3-8C-11
§3–8C–11.
Status: in_force

A party may appeal a final judgment entered under this subtitle as provided in Title 12 of this article and in the Maryland Rules.
Md. Code, Public Safety § 3-306 — MD Code / Article gps / Title 3 / Subtitle 3 / Section 3-306
§3–306.
Status: in_force

(a) The Governor shall issue a commission to each applicant approved by the Governor.

(b) The commission shall indicate:

(1) the term of the commission; and

(2) the property that the commission is intended to cover or the purpose for which the commission is issued.
Md. Code, Insurance § 3-210 — MD Code / Article gin / Title 3 / Subtitle 2 / Section 3-210
§3–210.
Status: in_force

The annual statement of a reciprocal insurer shall:

(1) be made and filed by the attorney in fact of the reciprocal insurer; and

(2) be supplemented by any additional information required by the Commissioner about the affairs and transactions of the attorney in fact as they relate to the reciprocal insurer.
Md. Code, Corporations and Associations § 3-904 — MD Code / Article gca / Title 3 / Subtitle 9 / Section 3-904
§3–904.
Status: in_force

(a) A conversion has the effects provided in this section.

(b) (1) This subsection applies on the completion of the conversion of a Maryland corporation to an other entity.

(2) The Maryland corporation shall cease to exist as a Maryland corporation and shall continue to exist as the other entity into which the Maryland corporation has converted, and the other entity, for all purposes of the laws of this State, shall be deemed to be the same entity as the converting Maryland corporation.

(3) (i) All the assets of the Maryland corporation, including any legacies that it would have been capable of taking, shall vest in and devolve on the other entity without further act or deed and shall be the property of the other entity, and the title to any real property vested by deed or otherwise in the Maryland corporation shall not revert or be in any way impaired by reason of a conversion under this subtitle.

(ii) The conversion of the Maryland corporation to an other entity does not affect, invalidate, terminate, suspend, or nullify any licenses, permits, or registrations granted to the Maryland corporation before the conversion.

(iii) Confirmatory deeds, assignments, or similar instruments to evidence the conversion may be executed and delivered at any time in the name of the Maryland corporation by its last acting officers or by the appropriate authorized persons, partners, trustees, or members of the other entity.

(4) (i) The other entity shall be liable for all the debts and obligations of the Maryland corporation.

(ii) An existing claim, action, or proceeding pending by or against the Maryland corporation may be prosecuted to judgment as if the conversion had not taken place, or, on motion of the other entity or any party, the other entity may be substituted as a party and a judgment against the Maryland corporation constitutes a lien on the property of the other entity.

(iii) A conversion does not impair the rights of creditors or any liens on the property of the Maryland corporation.

(5) Subject to the treatment of the ownership interests of the stockholders of the Maryland corporation under the articles of conversion and to the rights of an objecting stockholder under § 3–202 of this title, the ownership interests of the stockholders of the Maryland corporation cease to exist as stock in the converted Maryland corporation and continue to exist as ownership interests in the other entity.

(6) The conversion of the Maryland corporation to an other entity in accordance with articles of conversion under this subtitle does not affect any debts, obligations, or liabilities of the Maryland corporation or the personal liability of any person incurred before the conversion.

(7) Unless otherwise provided in the articles of conversion, the converting Maryland corporation is not required to wind up its affairs or pay its liabilities and distribute its assets, and the conversion does not constitute dissolution or a transfer of assets or liabilities of the Maryland corporation.

(8) A person becomes liable for any obligation incurred by the Maryland corporation before the completion of the conversion only to the extent provided for by the laws applicable to the other entity.

(c) (1) This subsection applies on the conversion of an other entity to a Maryland corporation.

(2) The Maryland corporation, for all purposes of the laws of this State, shall be deemed to be the same entity as the converting other entity.

(3) (i) All the assets of the other entity, including any legacies that it would have been capable of taking, vest in and devolve on the Maryland corporation without further act or deed and shall be the property of the Maryland corporation, and the title to any real property vested by deed or otherwise in the other entity shall not revert or be in any way impaired by reason of a conversion under this subtitle.

(ii) The conversion of the other entity to a Maryland corporation does not affect, invalidate, terminate, suspend, or nullify any licenses, permits, or registrations granted to the other entity before the conversion.

(iii) Confirmatory deeds, assignments, or similar instruments to evidence the conversion may be executed and delivered at any time in the name of the other entity by the appropriate authorized persons, partners, officers, trustees, or members of the other entity or by the officers of the Maryland corporation.

(4) (i) The Maryland corporation shall be liable for all the debts and obligations of the other entity.

(ii) An existing claim, action, or proceeding pending by or against the other entity may be prosecuted to judgment as if the conversion had not taken place, or, on motion of the other entity or any party, the Maryland corporation may be substituted as a party and a judgment against the other entity constitutes a lien on the property of the Maryland corporation.

(iii) A conversion does not impair the rights of creditors or any liens on the property of the other entity.

(5) The conversion of an other entity to a Maryland corporation in accordance with articles of conversion under this subtitle does not affect any debts, obligations, or liabilities of the other entity or the personal liability of any person incurred before the completion of the conversion.

(6) A person remains liable for any obligation incurred by the other entity before the completion of the conversion only to the extent that the person would have been liable if the conversion had not occurred.

(7) Subject to the treatment of the ownership interests of the owners of the other entity under the articles of conversion, the ownership interests of the owners of the other entity cease to exist as ownership interests in the converted other entity and continue to exist as shares of stock in the Maryland corporation.
Md. Code, Insurance § 3-304 — MD Code / Article gin / Title 3 / Subtitle 3 / Section 3-304
§3–304.
Status: in_force

The Commissioner may adopt reasonable regulations consistent with this subtitle to:

(1) carry out this subtitle;

(2) establish procedures for determining the eligibility of particular proposed coverages for placement with surplus lines insurers and maintain a list of the identified coverages;

(3) allow an exempt commercial purchaser to waive the diligent search requirement under § 3–306 of this subtitle for the procurement of a surplus lines insurance policy;

(4) provide for the content and use of the written disclosure required under § 3–308 of this subtitle; and

(5) provide for the periodic review, no less than annually, of information from surplus lines brokers, agents, and insurers and from other sources concerning the availability and affordability of insurance from authorized insurers in the State.
Md. Code, Correctional Services § 3-528 — MD Code / Article gcs / Title 3 / Subtitle 5 / Section 3-528
§3–528.
Status: in_force

(a) The Customer Council shall:

(1) review the products and services of Maryland Correctional Enterprises;

(2) advise the Chief Executive Officer on quality, availability, style, design, delivery, scheduling, and pricing;

(3) recommend new products and services;

(4) annually review the catalog of Maryland Correctional Enterprises products and recommend changes to improve the catalog;

(5) recommend sales, marketing, and customer satisfaction initiatives;

(6) annually review the Maryland Correctional Enterprises business plan; and

(7) serve as a forum for raising and discussing issues related to any product or service offered by Maryland Correctional Enterprises.

(b) The Chief Executive Officer shall present a summary of Customer Council activities and recommendations to the Management Council, as provided in § 3-521(b) of this subtitle following each meeting.
Md. Code, Courts and Judicial Proceedings § 3-2404 — MD Code / Article gcj / Title 3 / Subtitle 24 / Section 3-2404
§3–2404.
Status: in_force

(a) A protected individual may apply to participate in the Program in the manner required by the Office of Information Privacy.

(b) On receipt of an application to participate in the Program, the Office of Information Privacy shall determine whether the applicant qualifies as a Program participant.
Md. Code, Public Safety § 3-307 — MD Code / Article gps / Title 3 / Subtitle 3 / Section 3-307
§3–307.
Status: in_force

(a) Each special police officer shall protect and preserve peace and good order on the property described in the application for the commission.

(b) A special police officer may:

(1) arrest individuals who trespass or commit offenses on the property described in the application for the commission;

(2) exercise the powers of a police officer on the property described in the application for the commission;

(3) exercise the powers of a police officer in a county or municipal corporation of the State in connection with the care, custody, and protection of other property of the entity that requested the appointment of the special police officer or other property, real or personal, for which the entity has assumed an obligation to maintain or protect; and

(4) direct and control traffic on public highways and roads in the immediate vicinity of the property described in the application for the commission in order to facilitate the orderly movement of traffic to and from the property, if the Secretary approves of this activity in advance.

(c) (1) A special police officer may make an arrest or issue a traffic citation for a violation of the Maryland Vehicle Law or any other State or local traffic law or regulation only if the special police officer:

(i) has a probationary or permanent appointment as a security officer or is a member of an industrial police force; and

(ii) has completed the basic training course for police officers as established by the Maryland Police Training and Standards Commission in accordance with Subtitle 2 of this title.

(2) A special police officer may exercise the power described in paragraph (1) of this subsection only on the property of the special police officer’s employer as described in the application for the commission, unless the special police officer is in active pursuit for the purpose of immediate apprehension.
Md. Code, State Government § 3-201 — MD Code / Article gsg / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

In this subtitle, “Governor-elect” means the individual whom the Board of State Canvassers declares to be the successful candidate for Governor after a general election for that office.
Md. Code, Courts and Judicial Proceedings § 3-1305 — MD Code / Article gcj / Title 3 / Subtitle 13 / Section 3-1305
§3–1305.
Status: in_force

(a) If the second demand letter is returned unclaimed to the merchant or if full payment is not otherwise received by the merchant on or before the date specified in the second demand letter, the merchant may file a civil action to recover the damages provided for in § 3–1302 of this subtitle, together with court costs and reasonable attorney’s fees.

(b) In a civil action brought under this subtitle, the merchant shall submit proof to the court that the merchant complied with all requirements under § 3–1303 of this subtitle concerning demand letters.

(c) If the merchant prevails in a civil action brought under this subtitle, the merchant shall also be entitled to an award of court costs and reasonable attorney’s fees, to be assessed without regard to the ability of the responsible person to pay.

(d) If the responsible person prevails in a civil action brought under this subtitle, the responsible person shall be entitled to an award of court costs and reasonable attorney’s fees, to be assessed without regard to the ability of the merchant to pay.
Md. Code, Criminal Law § 3-807 — MD Code / Article gcr / Title 3 / Subtitle 8 / Section 3-807
§3–807.
Status: in_force

(a) In this section, “laser pointer” has the meaning stated in § 3–806 of this subtitle.

(b) This section does not apply to the use of a laser pointer:

(1) by an individual conducting research and development or flight testing for an aircraft manufacturer or the Federal Aviation Administration;

(2) by a member of the United States Department of Defense or the United States Department of Homeland Security acting in an official capacity during an activity related to research and development, flight testing, or training;

(3) by a law enforcement officer, as defined in § 1–101 of the Public Safety Article, acting in an official capacity;

(4) by an individual attempting to make the individual’s location known; or

(5) by an individual attempting to give a warning signal.

(c) A person may not knowingly and willfully shine, point, or focus the beam of a laser pointer on an individual operating an aircraft.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $2,500 or both.
Md. Code, Tax - Property § 3-101 — MD Code / Article gtp / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

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

(b) “Administrator” means the Administrator of the property tax assessment appeal boards.

(c) “Board” means a property tax assessment appeal board.

(d) “Member” means a member or alternate member of a property tax assessment appeal board.
Md. Code, Land Use § 3-303 — MD Code / Article glu / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

(a) At least once every 10 years, which corresponds to the comprehensive plan revision process under § 3–301 of this subtitle, a local jurisdiction shall ensure the implementation of the visions, the development regulations element, and the sensitive areas element of the plan.

(b) A local jurisdiction shall ensure that the implementation of the requirements of subsection (a) of this section are achieved through the adoption of the following applicable implementation mechanisms that are consistent with the comprehensive plan:

(1) zoning laws;

(2) planned development ordinances and regulations;

(3) subdivision ordinances and regulations; and

(4) other land use ordinances and regulations.
Md. Code, Agriculture § 3-116 — MD Code / Article gag / Title 3 / Subtitle 1 / Section 3-116
§3–116.
Status: in_force

(a) In lieu of or in addition to any penalty provided by this title, the Secretary may impose an administrative penalty on any person who violates any provision of this title.

(b) The penalty imposed under this section may not exceed $10,000.

(c) All penalties collected under this section shall be distributed to the Animal Health Fund established under § 3–117 of this subtitle.

(d) The Secretary shall adopt regulations necessary to implement the provisions of this section.
Md. Code, Labor and Employment § 3-1601 — MD Code / Article gle / Title 3 / Subtitle 16 / Section 3-1601
§3–1601.
Status: in_force

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

(b) (1) “Covered employee” means any individual employed to perform work at a heightened security interest location who is a nonexempt employee as described in the federal Fair Labor Standards Act.

(2) “Covered employee” does not include an individual employed to perform work at a heightened security interest location by:

(i) a retail establishment as defined in § 3–710 of this title;

(ii) a food service facility as defined in § 21–301 of the Health – General Article; or

(iii) an on–airport or off–airport motor vehicle rental company, or any other company involved in motor vehicle rental operations.

(c) (1) “Employ” means to engage an individual to work.

(2) “Employ” includes:

(i) allowing an individual to work; and

(ii) instructing an individual to be present at a work site.

(d) (1) “Employer” includes a person who acts directly or indirectly in the interest of another employer with an employee.

(2) “Employer” does not include:

(i) an employer that provides construction services as defined in § 3–901 of this title; or

(ii) an airline.

(e) “Heightened security interest location” means:

(1) Baltimore–Washington International Thurgood Marshall Airport; or

(2) Pennsylvania Station in Baltimore.

(f) “Wage” means all compensation that is due to an employee for employment.
Md. Code, Education § 3-5B-01 — MD Code / Article ged / Title 3 / Subtitle 5B / Section 3-5B-01
§3–5B–01.
Status: in_force

(a) The Frederick County Board consists of eight members as follows:

(1) Seven members elected from the county at large; and

(2) One nonvoting student member.

(b) (1) A candidate elected to the county board shall be a resident and registered voter of Frederick County.

(2) Any member who no longer resides in the county may not continue as a member of the board.

(c) (1) A voting member serves for a term of 4 years beginning the first Tuesday in December after the member’s election and until a successor is elected and qualifies.

(2) Voting members of the Frederick County Board shall be elected as follows:

(i) Three members of the county board shall be elected in the November general election of 2000 and every 4 years thereafter; and

(ii) Four members of the county board shall be elected in the November general election of 2002 and every 4 years thereafter.

(d) (1) The terms of voting members are staggered as provided in subsection (c) of this section.

(2) If there is a vacancy by an elected member of the county board occurring 30 days or less before the candidate registration deadline for the next primary election, the County Executive shall appoint, subject to confirmation of the County Council, a qualified individual to fill the vacancy on the county board for the remainder of that term and until a successor is elected in accordance with paragraph (4)(i) of this subsection and qualifies.

(3) If there is a vacancy by an elected member of the county board occurring more than 30 days before the candidate registration deadline for the next primary election following the vacating member’s election:

(i) The County Executive shall appoint, subject to confirmation of the County Council, a qualified individual to temporarily fill the vacancy on the county board who shall serve until a qualified individual is elected in accordance with paragraph (4)(ii) of this subsection; and

(ii) The individual elected under item (i) of this paragraph shall serve for the remainder of that term until a successor is elected and qualifies.

(4) At a general election, vacancies shall be filled as follows:

(i) The candidates with the highest vote totals shall first fill any vacant positions for a full term of 4 years; and

(ii) After all vacant positions for a full term of 4 years are filled, the candidate with the next highest vote total shall fill the position for which a successor was appointed under paragraph (3) of this subsection and serve the remainder of that term.

(5) Candidates for a vacated office may be nominated at a primary election in the same manner as any other position on the county board.

(e) (1) The student member shall:

(i) Be an eleventh or twelfth grade student in the Frederick County public school system elected by the high school students of the county in accordance with procedures established by the school system;

(ii) Serve for 1 year beginning on July 1 after the election of the member;

(iii) Be a nonvoting member; and

(iv) Advise the county board on the thoughts and feelings of students.

(2) Unless invited to attend by an affirmative vote of a majority of the county board, the student member may not attend an executive session.

(f) (1) The State Board may remove a voting member of the county board for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Willful neglect of duty.

(2) Before removing a voting member, the State Board shall send the member a copy of the charges against the member and give the member an opportunity within 10 days to request a hearing.

(3) If the voting member requests a hearing within the 10–day period:

(i) The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the voting member a notice of the hearing; and

(ii) The voting member shall have an opportunity to be heard publicly before the State Board in the member’s own defense, in person or by counsel.

(4) A voting member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Frederick County.
Md. Code, Courts and Judicial Proceedings § 3-415 — MD Code / Article gcj / Title 3 / Subtitle 4 / Section 3-415
§3–415.
Status: in_force

This subtitle may be cited as the Maryland Uniform Declaratory Judgments Act.
Md. Code, Real Property § 3-109 — MD Code / Article grp / Title 3 / Subtitle 1 / Section 3-109
§3–109.
Status: in_force

Plats showing property or rights–of–way acquired or conveyed by the State Roads Commission and the State Highway Administration shall be filed with the State Archives and electronically recorded, as provided in § 9–1011 of the State Government Article.
Md. Code, Correctional Services § 3-707 — MD Code / Article gcs / Title 3 / Subtitle 7 / Section 3-707
§3–707.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, in addition to any other deductions allowed under this subtitle, an incarcerated individual may be allowed a deduction of up to 20 days from the incarcerated individual’s term of confinement for each calendar month during which the incarcerated individual manifests satisfactory progress in those special selected work projects or other special programs, including recidivism reduction programming, designated by the Commissioner and approved by the Secretary.

(2) The deduction described in paragraph (1) of this subsection shall be calculated at the rate of up to 10 days for each calendar month, if an incarcerated individual’s term of confinement includes a consecutive or concurrent sentence for:

(i) a crime of violence, as defined in § 14–101 of the Criminal Law Article;

(ii) a sexual offense for which registration is required under Title 11, Subtitle 7 of the Criminal Procedure Article; or

(iii) a crime of manufacturing, distributing, dispensing, or possessing a controlled dangerous substance in violation of § 5–612 or § 5–613 of the Criminal Law Article.

(b) A deduction described in subsection (a) of this section shall be calculated:

(1) from the first day that the incarcerated individual is assigned to the work project or program; and

(2) on a prorated basis for any portion of the calendar month during which the incarcerated individual participates in the work project or program.
Md. Code, State Finance and Procurement § 3-607 — MD Code / Article gsf / Title 3 / Subtitle 6 / Section 3-607
§3–607.
Status: in_force

The Department of Budget and Management may require the head of any unit of the State government to give information necessary for the preparation of the capital program.
Md. Code, Election Law § 3-506 — MD Code / Article gel / Title 3 / Subtitle 5 / Section 3-506
§3–506.
Status: in_force

(a) (1) A copy of a list of registered voters shall be provided to a Maryland registered voter on receipt of:

(i) a written application; and

(ii) a statement, signed under oath, that the list is not intended to be used for:

1. commercial solicitation; or

2. any other purpose not related to the electoral process.

(2) In consultation with the local boards, the State Board shall adopt regulations that specify:

(i) the time for a list to be provided under this subsection;

(ii) the authorization to be required for providing a list;

(iii) the fee to be paid for providing a list;

(iv) the information to be included on a list;

(v) that the residence address of an individual who is a participant in an address confidentiality program may not be disclosed;

(vi) that a participant in an address confidentiality program is not required to apply to the State Board to keep the individual’s residence address confidential;

(vii) the format of the information; and

(viii) the medium or media on which the information is to be provided.

(b) (1) The State Administrator or a designee shall provide a copy of the statewide voter registration list and voter registration records to a jury commissioner on request and without charge by means agreed to with the Administrative Office of the Courts.

(2) On application of the Attorney General, a circuit court may compel compliance with paragraph (1) of this subsection.

(c) A person who knowingly allows a list of registered voters, under the person’s control, to be used for any purpose not related to the electoral process is guilty of a misdemeanor and, on conviction, is subject to the penalties under Title 16 of this article.
Md. Code, General Provisions § 3-102 — MD Code / Article ggp / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

(a) It is essential to the maintenance of a democratic society that, except in special and appropriate circumstances:

(1) public business be conducted openly and publicly; and

(2) the public be allowed to observe:

(i) the performance of public officials; and

(ii) the deliberations and decisions that the making of public policy involves.

(b) (1) The ability of the public, its representatives, and the media to attend, report on, and broadcast meetings of public bodies and to witness the phases of the deliberation, policy formation, and decision making of public bodies ensures the accountability of government to the citizens of the State.

(2) The conduct of public business in open meetings increases the faith of the public in government and enhances the effectiveness of the public in fulfilling its role in a democratic society.

(c) Except in special and appropriate circumstances when meetings of public bodies may be closed under this title, it is the public policy of the State that the public be provided with adequate notice of the time and location of meetings of public bodies, which shall be held in places reasonably accessible to individuals who would like to attend these meetings.
Md. Code, Insurance § 3-121 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-121
§3–121.
Status: in_force

(a) A domestic mutual insurer may become a stock insurer under a plan and procedure that is approved by the Commissioner.

(b) The Commissioner may not approve a plan or procedure for conversion of a mutual insurer to a stock insurer unless:

(1) the plan or procedure is equitable to the insurer’s members;

(2) the plan is subject to approval by vote of at least three-fourths of the insurer’s current members who vote on the plan in person, by proxy, or by mail at a meeting of members called for that purpose under reasonable notice and procedure approved by the Commissioner;

(3) for a life insurer, the right to vote may be limited to members who hold policies, other than term or group policies, that have been in force for at least 1 year;

(4) the plan provides as to any holder of a surplus note participating in the conversion that:

(i) the rights of the holder shall be governed by the terms of the surplus note; or

(ii) if the terms of the surplus note are silent regarding a conversion and the holder is not also a member, the holder may not vote on the planned conversion;

(5) the equity of each policyholder in the insurer:

(i) is determinable under a fair formula approved by the Commissioner; and

(ii) is based on not less than the insurer’s entire surplus, minus contributed or borrowed surplus funds, plus a reasonable present equity in reserves and in all nonadmitted assets;

(6) all current policyholders and all persons that were policyholders of the insurer within 3 years before the date the plan was submitted to the Commissioner are entitled to participate in the purchase of stock or distribution of assets;

(7) the plan gives to each policyholder specified in item (6) of this subsection a preemptive right:

(i) within a designated reasonable period, to acquire the policyholder’s proportionate part of all of the proposed capital stock of the insurer; and

(ii) to apply on the purchase of proposed capital stock the amount of the policyholder’s equity in the insurer as determined under item (5) of this subsection;

(8) stock is offered to policyholders at a price that is not greater than the price at which the stock will be offered to others in the initial offering, but that is not more than double the par value of the stock;

(9) the plan provides for payment to each policyholder who elects not to apply the policyholder’s equity in the insurer for or on the purchase price of stock to which the policyholder is preemptively entitled, in cash in an amount that equals not less than 50% of the amount of the policyholder’s equity that was not used for the purchase of stock, and which payment, together with any stock purchased, constitutes full payment and discharge of the policyholder’s equity as an owner of the insurer; and

(10) the completed plan provides that the converted insurer will have:

(i) paid-in capital stock equal to not less than the minimum paid-in capital required of a domestic stock insurer that transacts like kinds of insurance business; and

(ii) surplus funds equal to not less than 100% of the required capital.

(c) Within 60 days of the filing of a plan that contains all of the information required under this section and any regulations adopted under this section, the Commissioner shall approve or disapprove the plan.

(d) At the expense of the mutual insurer, the Commissioner may retain any qualified expert who is not a part of the staff of the Commissioner to assist in reviewing the plan.

(e) After written notice to the mutual insurer and any other interested person, the Commissioner may hold a hearing on whether the terms of the plan comply with this section.

(f) (1) If a mutual insurer is insolvent or, in the judgment of the Commissioner, is in a hazardous financial condition, the board of directors of the mutual insurer, by a majority vote, may request by a petition, as provided under paragraph (2) of this subsection, that the Commissioner waive the requirements concerning notice to, and approval by, policyholders of the planned conversion.

(2) The petition by the board of directors shall specify:

(i) the method and basis for issuance of the shares of capital stock of the converted stock insurer to an independent party in connection with an investment by the independent party in an amount sufficient to restore the converted stock insurer to sound financial condition; and

(ii) if the Commissioner finds that the value of the mutual insurer is insufficient to warrant financial consideration, that the conversion shall be accomplished without financial consideration to past, present, or future policyholders.

(3) (i) By written order, the Commissioner may waive the requirements of subsection (b)(2) of this section if the Commissioner finds that the mutual insurer no longer meets statutory requirements with respect to capital, surplus, deposits, or assets.

(ii) Any finding that results in a waiver under this paragraph shall be made after:

1. review of the plan; and

2. A. an audit of the mutual insurer’s quarterly or annual financial statement; or

B. a financial examination of the mutual insurer.

(g) The Commissioner may adopt regulations to enforce the provisions of this section.
Md. Code, Correctional Services § 3-708 — MD Code / Article gcs / Title 3 / Subtitle 7 / Section 3-708
§3–708.
Status: in_force

Except as provided in § 3–706.1 of this subtitle, and notwithstanding any other provision of this subtitle, an incarcerated individual may not be allowed a deduction under this subtitle of more than:

(1) 20 days for a calendar month for an incarcerated individual described in § 3–707(a)(2) of this subtitle; and

(2) 30 days for a calendar month for all other incarcerated individuals.
Md. Code, Labor and Employment § 3-705 — MD Code / Article gle / Title 3 / Subtitle 7 / Section 3-705
§3–705.
Status: in_force

A pension plan may not reduce a payment to an individual entitled to receive the payment because Social Security payments to that individual increase.
Md. Code, Criminal Law § 3-201 — MD Code / Article gcr / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

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

(b) “Assault” means the crimes of assault, battery, and assault and battery, which retain their judicially determined meanings.

(c) (1) “Law enforcement officer” has the meaning stated in § 1–101(c) of the Public Safety Article without application of § 3–101(e)(2).

(2) “Law enforcement officer” includes:

(i) a correctional officer at a correctional facility; and

(ii) an officer employed by the WMATA Metro Transit Police, subject to the jurisdictional limitations under Article XVI, § 76 of the Washington Metropolitan Area Transit Authority Compact, which is codified in § 10–204 of the Transportation Article.

(d) “Serious physical injury” means physical injury that:

(1) creates a substantial risk of death; or

(2) causes permanent or protracted serious:

(i) disfigurement;

(ii) loss of the function of any bodily member or organ; or

(iii) impairment of the function of any bodily member or organ.
Md. Code, Correctional Services § 3-405 — MD Code / Article gcs / Title 3 / Subtitle 4 / Section 3-405
§3–405.
Status: in_force

An incarcerated individual may be placed in the program if:

(1) the incarcerated individual agrees to waive the incarcerated individual’s right to contest extradition;

(2) the Commissioner or the Commissioner’s designee approves the placement; and

(3) the incarcerated individual has served any statutorily imposed minimum sentence, less the allowances for diminution of the incarcerated individual’s term of confinement provided under Subtitle 7 of this title and § 6–218 of the Criminal Procedure Article.
Md. Code, Criminal Procedure § 3-103 — MD Code / Article gcp / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

(a) (1) The court shall appoint a qualified interpreter to help a defendant throughout any court proceedings under this title when the defendant:

(i) is deaf; or

(ii) cannot readily understand or communicate the English language and cannot understand a charge made against the defendant or help present the defense.

(2) On application of a victim or victim’s representative, as defined in § 11–104(a) of this article, the court shall appoint a qualified interpreter to help the victim or the victim’s representative throughout any court proceeding when the victim or the victim’s representative:

(i) is deaf; or

(ii) cannot readily understand or communicate the English language.

(b) The court shall give an interpreter appointed under this section:

(1) compensation for services in an amount equal to that provided for interpreters of languages other than English; and

(2) reimbursement for actual and necessary expenses incurred in the performance of services.
Md. Code, Labor and Employment § 3-101 — MD Code / Article gle / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

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

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

(c) (1) “Employ” means to engage an individual to work.

(2) “Employ” includes:

(i) allowing an individual to work; and

(ii) instructing an individual to be present at a work site.
Md. Code, Commercial Law § 3-303 — MD Code / Article gcl / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: reserved

(a) An instrument is issued or transferred for value if:

(1) The instrument is issued or transferred for a promise of performance, to the extent the promise has been performed;

(2) The transferee acquires a security interest or other lien in the instrument other than a lien obtained by judicial proceeding;

(3) The instrument is issued or transferred as payment of, or as security for, an antecedent claim against any person, whether or not the claim is due;

(4) The instrument is issued or transferred in exchange for a negotiable instrument; or

(5) The instrument is issued or transferred in exchange for the incurring of an irrevocable obligation to a third party by the person taking the instrument.

(b) “Consideration” means any consideration sufficient to support a simple contract. The drawer or maker of an instrument has a defense if the instrument is issued without consideration. If an instrument is issued for a promise of performance, the issuer has a defense to the extent performance of the promise is due and the promise has not been performed. If an instrument is issued for value as stated in subsection (a), the instrument is also issued for consideration.
Md. Code, Labor and Employment § 3-717 — MD Code / Article gle / Title 3 / Subtitle 7 / Section 3-717
§3–717.
Status: in_force

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

(2) “Facial recognition service” means technology that analyzes facial features and is used for recognition or persistent tracking of individuals in still or video images.

(3) “Facial template” means the machine–interpretable pattern of facial features that is extracted from one or more images of an individual by a facial recognition service.

(b) An employer may not use a facial recognition service for the purpose of creating a facial template during an applicant’s interview for employment unless an applicant consents under subsection (c) of this section.

(c) (1) An applicant may consent to the use of facial recognition service technology during an interview by signing a waiver.

(2) The waiver signed under paragraph (1) of this subsection shall state in plain language:

(i) the applicant’s name;

(ii) the date of the interview;

(iii) that the applicant consents to the use of facial recognition during the interview; and

(iv) whether the applicant read the consent waiver.
Md. Code, Education § 3-601 — MD Code / Article ged / Title 3 / Subtitle 6 / Section 3-601
§3–601.
Status: in_force

(a) (1) In this subtitle, “elected member” means a member of the county board elected under subsection (b)(1) or (2) of this section or appointed to fill a vacancy under subsection (e)(3) of this section.

(2) “Elected member” does not include the student member selected under subsection (f) of this section.

(b) The Garrett County Board consists of:

(1) One elected member from each county commissioner district;

(2) Two elected members from the county at large; and

(3) One nonvoting student member.

(c) (1) A candidate from a county commissioner district shall be a resident of that district.

(2) The member from the county at large shall be a resident of the county.

(3) A candidate for the county board shall be a registered voter of the county.

(4) (i) A member from a county commissioner district who no longer resides in that district may not continue as a member of the county board.

(ii) A member at large who no longer resides in the county may not continue as a member of the county board.

(d) (1) Elected members of the board shall be elected at a general election as required by subsection (e) of this section.

(2) The student member shall be selected in accordance with subsection (f) of this section.

(e) (1) Each elected member serves for a term of 4 years beginning on January 1 after the member’s election and until a successor is elected and qualifies.

(2) The terms for elected members are staggered as required by the terms of the members serving on January 1, 1985.

(3) The County Commissioners shall appoint a qualified individual to fill any vacancy in an elected member’s position on the board for the remainder of the term and until a successor is elected and qualifies.

(f) (1) Each May, the elected members of the county board shall select a student member, and an alternate to serve in the event of a vacancy in the student member’s position, from among candidates recommended by the Garrett County Association of Student Councils.

(2) The term of the student member is 1 year and begins on July 1.

(3) To be considered for the position of student member, or as the alternate for the student member’s position, a student shall:

(i) Be a sophomore or junior in high school at the time of applying;

(ii) Have attended Garrett County public schools for at least 2 years;

(iii) Be in good academic standing and have maintained a grade average of at least 80% during the previous 2 academic years; and

(iv) Not have experienced significant attendance or disciplinary problems during the student’s high school career.

(4) (i) The Garrett County Association of Student Councils shall propose procedures governing the selection of candidates for the student member’s position.

(ii) The procedures proposed under this paragraph are subject to the approval of the elected members of the board.

(iii) The procedures adopted under this paragraph shall provide for the selection of up to four candidates, selected by the Garrett County Association of Student Councils by secret ballot, for the position of student member. The names of the candidates shall be forwarded to the elected members of the county board for final selection of the student member and of an alternate.

(5) The student member:

(i) Shall attend all regular meetings of the county board;

(ii) May attend special public meetings of the county board;

(iii) Shall attend all meetings of the Garrett County Association of Student Councils; and

(iv) Shall continue to meet all the requirements for selection to the student member position.

(6) The student member may not attend executive sessions of the county board.

(g) (1) The State Board may remove an elected member of the county board for:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Willful neglect of duty.

(2) Before removing a member, the State Board shall send the member a copy of the charges and give the member an opportunity within 10 days to request a hearing.

(3) If the member requests a hearing within the 10–day period:

(i) The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and

(ii) The member shall have an opportunity to be heard publicly before the State Board in his own defense, in person or by counsel.

(4) A member removed under this subsection has the right to a de novo review of the removal by the Circuit Court for Garrett County.
Md. Code, Transportation § 3-605 — MD Code / Article gtr / Title 3 / Subtitle 6 / Section 3-605
§3–605.
Status: in_force

(a) Before the preparation of definitive bonds, the Department may issue its interim certificates or temporary bonds, with or without coupons, exchangeable for definitive bonds when the definitive bonds have been executed and are available for delivery.

(b) The Department may issue its bond anticipation notes, payable to the bearer or registered holder of the notes out of the first proceeds of the next sale of special transportation project revenue bonds.

(c) The resolution authorizing the issuance of bond anticipation notes may provide for the issuance of these notes in series, as funds are required, and for the renewal of these notes at maturity, with or without resale.

(d) The issuance of bond anticipation notes, the details of issuance, the rights of their holders, and the rights, duties, and obligations of the Department with respect to the bond anticipation notes are governed by the provisions of this subtitle relating to the issuance of the bonds in anticipation of the sale of which the notes are issued.
Md. Code, Transportation § 3-604 — MD Code / Article gtr / Title 3 / Subtitle 6 / Section 3-604
§3–604.
Status: in_force

(a) The Department from time to time may issue its refunding bonds for refunding any special transportation project revenue bonds.

(b) The powers granted and limitations imposed in this subtitle as to the issuance of special transportation project revenue bonds also apply to the issuance of refunding bonds.

(c) The State Treasurer shall segregate the proceeds of the sale of any refunding bonds in a separate trust fund to be used only to pay the purchase or redemption prices of the bonds to be refunded.
Md. Code, Corporations and Associations § 3-408 — MD Code / Article gca / Title 3 / Subtitle 4 / Section 3-408
§3–408.
Status: in_force

(a) Except as provided in subsection (b) of this section, the corporation is dissolved on the later of:

(1) The time the Department accepts the articles of dissolution for record; or

(2) The time established under the articles, not to exceed 30 days after the articles are accepted for record.

(b) The corporation continues to exist for the purpose of paying, satisfying, and discharging any existing debts or obligations, collecting and distributing its assets, and doing all other acts required to liquidate and wind up its business and affairs.
Md. Code, Transportation § 3-216 — MD Code / Article gtr / Title 3 / Subtitle 2 / Section 3-216
§3–216.
Status: reserved

(a) There is a Transportation Trust Fund for the Department.

(b) Except as otherwise expressly provided by statute, there shall be credited to the Transportation Trust Fund for the account of the Department all taxes, fees, charges, and revenues collected or received by or paid, appropriated, or credited to the account of the Department or any of its units in the exercise of their rights, powers, duties, or obligations, including the cash proceeds of the sale of consolidated transportation bonds, notes, or other evidences of obligation issued by the Department, any General Fund appropriations, and the proceeds of any State loan or federal grant made for transportation purposes.

(c) (1) There shall be maintained in the Transportation Trust Fund one or more sinking fund accounts to which shall be credited and from which shall be paid, from the proceeds of the taxes levied and imposed for that purpose or from any other funds of the Department, amounts sufficient at all times to meet the debt service on all bonds of prior issues and consolidated transportation bonds from time to time outstanding and unpaid.

(2) (i) The Gasoline and Motor Vehicle Revenue Account, the Driver Education Account, the Motorcycle Safety Program Account, and the Transportation Network Company Impact Fee Account shall be maintained in the Transportation Trust Fund.

(ii) In each fiscal year, the Department shall budget from federal funds available to the Department, other funds in the Transportation Trust Fund, and any other funds available to the Department, an amount sufficient to fund projects and programs determined by the Secretary to be necessary to achieve the bicycle and pedestrian transportation goals identified for the fiscal year under Title 2, Subtitle 6 of this article.

(d) (1) After meeting its debt service requirements, the Department may use the funds in the Transportation Trust Fund for any lawful purpose related to the exercise of its rights, powers, duties, and obligations.

(2) Expenditures under this subsection shall be made in accordance with any appropriation provided for in any applicable budget bill or supplementary appropriation bill. However, an appropriation proposed to be made to any unit in the Department or proposed to be made for any designated transportation activity, function, or undertaking that has been reduced by the General Assembly may not be restored, for the same purpose as originally proposed, except in an emergency, by the budget amendment procedure of § 7–209 of the State Finance and Procurement Article, or otherwise if the General Assembly in striking or reducing the appropriation, prohibited its restoration. However, except for emergency capital projects, if the General Assembly explicitly reduces in the budget bill an appropriation proposed for a major capital project as defined in § 2–103.1(a)(4) of this article, the appropriation may not be restored for the same purpose as originally proposed by the budget amendment procedure of § 7–209 of the State Finance and Procurement Article or otherwise unless the General Assembly, in striking or reducing the appropriation, expressly authorized its restoration.

(3) For each fiscal year, the Department shall use the funds in the Transportation Trust Fund for the purposes specified in subsection (c)(2)(ii) of this section, which may include construction and maintenance of:

(i) Public bicycle areas as defined in § 21–101(o) of this article;

(ii) Bicycle ways as defined in § 21–101(d) of this article; and

(iii) Sidewalks as defined in § 21–101(w) of this article.

(4) Each year, before the General Assembly considers the proposed Maryland Transportation Plan and the Consolidated Transportation Program, the Department shall report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on:

(i) The expenditures made toward the attainment of the bicycle and pedestrian transportation goals during the preceding fiscal year under Title 2, Subtitle 6 of this article; and

(ii) The progress made toward attainment of the bicycle and pedestrian transportation goals identified for the fiscal year under Title 2, Subtitle 6 of this article.

(5) (i) The Department shall allocate the funds in the Transportation Network Company Impact Fee Account for the following purposes, in the manner the Department determines is appropriate:

1. Capital needs identified in the assessment conducted under § 7–309 of this article; and

2. Distribution to counties and municipalities for the purposes specified in § 8–408 of this article.

(ii) If any funds remain in the Transportation Network Company Impact Fee Account after the allocations under subparagraph (i) of this paragraph, the Department shall allocate the remaining fund balance to the Locally Operated Transit System Grant Program under § 4–322 of this article.

(e) (1) Except as otherwise provided in this subsection, this section is effective notwithstanding any other provision of law.

(2) Nothing in this section may adversely affect in any way the security of any of the following bonds while they are outstanding and unpaid:

(i) State highway construction bonds, second issue;

(ii) State highway construction bonds, third issue;

(iii) County highway construction bonds; or

(iv) County highway construction bonds, second issue.

(3) It is the intent of the General Assembly that, as long as any of the bonds listed in paragraph (2) of this subsection are outstanding and unpaid:

(i) The sinking fund requirements established for the payment of the principal of and interest on those bonds shall remain unchanged, as if this section had not been enacted; and

(ii) The taxes and revenues pledged to the payment of the principal of and interest on those bonds as they become due and payable may not be repealed, diminished, or applied to any other purpose until:

1. The bonds and the interest on them have become due and fully paid; or

2. Adequate and complete provision for payment of the principal and interest has been made.

(f) (1) Except as provided in paragraphs (3) and (6) of this subsection, no part of the Transportation Trust Fund may be transferred or diverted to the General Fund of the State unless approved by the General Assembly through legislation passed by a three–fifths majority vote of the full standing committee assigned the legislation in each of the two Houses of the General Assembly and enacted into law.

(2) Except as provided in paragraphs (3) and (6) of this subsection, no part of the Transportation Trust Fund may be transferred or diverted to a special fund of the State, unless approved by the General Assembly through legislation passed by a three–fifths majority vote of the full standing committee assigned the legislation in each of the two Houses of the General Assembly and enacted into law. No part of the Transportation Trust Fund may be transferred or diverted to a special fund of the State pursuant to the provisions of § 7–209(e)(2) of the State Finance and Procurement Article, unless the requirements of this paragraph have been satisfied.

(3) Funds in the Transportation Trust Fund may be used for defense or relief purposes only if:

(i) The State is invaded by land, sea, or air or a major catastrophe occurs; and

(ii) The Governor:

1. Proclaims a State of Emergency; and

2. Declares that the use of the funds for defense or relief purposes is necessary for the immediate preservation of the public health or safety.

(4) Before the enactment of legislation under paragraph (1) or (2) of this subsection or the issuance of an emergency declaration under paragraph (3) of this subsection to transfer or divert funds from the Transportation Trust Fund to the General Fund or a special fund, the Treasurer shall advise the Governor and the General Assembly of the potential impact of the transfer or diversion on the credit rating of bonds or other debt instruments issued by the Department.

(5) (i) Before the enactment of legislation under paragraph (1) or (2) of this subsection or the issuance of an emergency declaration under paragraph (3) of this subsection to transfer or divert funds from the Transportation Trust Fund to the General Fund or a special fund, a determination shall be made of the potential impact of the transfer or diversion on the additional bonds test set forth in the Secretary’s resolution and the credit rating of bonds or other debt instruments issued by the Department.

(ii) A transfer or diversion may not occur if it is determined that the transfer or diversion would:

1. Cause the Department to fail the additional bonds test; or

2. Result in a downgrade of the Department’s bonds.

(6) This subsection does not apply to a distribution of highway user revenues to counties, municipalities, and Baltimore City under § 8–403 of this article.

(g) (1) This subsection applies only to a bill or an amendment that would:

(i) Reduce any tax or fee that otherwise would be credited to the Transportation Trust Fund; or

(ii) Increase transportation aid to local governments by using funds from the Transportation Trust Fund.

(2) When submitting a proposed bill or amendment for introduction in the General Assembly on behalf of the Administration, an executive department, or any other unit of State government, the Governor shall provide to the General Assembly, in accordance with § 2–1257 of the State Government Article, a detailed analysis of the effect the proposed bill or amendment will have on the Transportation Trust Fund and the funding of projects specified in the Consolidated Transportation Program, including an analysis of whether the reduction of available funds will result in the elimination of any project or the alteration of the scope, design, or scheduling of any project.
Md. Code, Environment § 3-101 — MD Code / Article gen / Title 3 / Subtitle 1 / Section 3-101
§3–101.
Status: in_force

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

(b) “Environmental noise standard” means a goal for the limitation of noise, from all sources, that exists in a defined area under specified conditions.

(c) (1) “Noise” means the intensity, frequency, duration, and character of sound.

(2) “Noise” includes sound and vibration of subaudible frequencies.

(d) “Political subdivision” means a county or municipal corporation of this State.

(e) “Sound level limit” means the maximum allowable noise emission from a noise source in a defined area under specified conditions.

(f) “Source” means any person or property from which sound originates.
Md. Code, Correctional Services § 3-213 — MD Code / Article gcs / Title 3 / Subtitle 2 / Section 3-213
§3–213.
Status: in_force

(a) The Commissioner may appoint one or more assistant wardens for a correctional facility.

(b) An assistant warden shall have the same qualifications as a warden.

(c) An assistant warden serves at the pleasure of the Commissioner.

(d) An assistant warden shall perform the duties of the warden in the absence of the warden.
Md. Code, Estates and Trusts § 3-302 — MD Code / Article get / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

(a) A child permitted to share in the estate of a decedent under § 3–301 of this subtitle shall receive from the personal representative an amount equal to the lesser of:

(1) The distribution which the child would have taken in the event of intestacy; or

(2) The value of all legacies to children of the testator and issue of deceased children divided by the total number of children of the testator who survive the testator and deceased children leaving issue who take under this subtitle, including the pretermitted child.

(b) The issue of a pretermitted child who did not survive the testator may take the amount by representation.
Md. Code, Financial Institutions § 3-213 — MD Code / Article gfi / Title 3 / Subtitle 2 / Section 3-213
§3–213.
Status: in_force

(a) Any commercial bank may amend its charter, in any manner not inconsistent with law, as provided in this section.

(b) A proposed amendment shall be approved at a meeting called for that purpose, by the affirmative vote of the holders of two thirds of the capital stock of the commercial bank.

(c) If the proposed amendment is to authorize the issuance of preferred stock, the proposed amendment shall be approved by the affirmative vote of the holders of a majority of the capital stock of the commercial bank.

(d) After an amendment is approved by the stockholders:

(1) The president of the commercial bank and either its cashier or treasurer shall certify the amendment; and

(2) The amendment shall be signed, filed with the Commissioner for examination, and, if approved by the Commissioner, filed for record as required for articles of incorporation.

(e) On filing the amendment for examination, the commercial bank shall pay to the Commissioner an examination fee of $20.
Md. Code, Labor and Employment § 3-503 — MD Code / Article gle / Title 3 / Subtitle 5 / Section 3-503
§3–503.
Status: in_force

An employer may not make a deduction from the wage of an employee unless the deduction is:

(1) ordered by a court of competent jurisdiction;

(2) authorized expressly in writing by the employee;

(3) allowed by the Commissioner because the employee has received full consideration for the deduction; or

(4) otherwise made in accordance with any law or any rule or regulation issued by a governmental unit.
Md. Code, Natural Resources § 3-111 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-111
§3–111.
Status: in_force

Except as provided in § 3-104 of this subtitle, or in an approved five-year plan adopted under this subtitle, it is unlawful for a municipality or person provided with any projects by the Service under this subtitle to duplicate or use any other similar projects serving the same purpose unless the Service expressly permits it to do so.
Md. Code, Business Occupations and Professions § 3-303 — MD Code / Article gbo / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

(a) To qualify for a license, an applicant shall be an individual who meets the requirements of this section.

(b) An applicant shall be of good character and reputation.

(c) (1) Except as provided in paragraph (2) of this subsection, the applicant shall:

(i) hold a degree in architecture from:

1. a school of architecture that is located in the United States and that, within 2 years after the applicant’s graduation, holds accredited status from the National Architectural Accrediting Board; or

2. a foreign school of architecture that the Board determines is comparable to an accredited school of architecture in the United States; and

(ii) have practical work experience or additional academic training in architecture that the Board considers appropriate.

(2) The Board shall exempt an applicant from the degree requirements of paragraph (1)(i) of this subsection if the applicant has practical work experience and academic training in architecture that the Board considers appropriate.

(d) Except as otherwise provided in this subtitle, an applicant shall pass the examination given by the Board under this subtitle.

(e) In addition to the other requirements of this section, the Board may require an applicant to satisfy any additional licensing requirements that the Board adopts from the licensing guidelines published by the Council.
Md. Code, General Provisions § 3-105 — MD Code / Article ggp / Title 3 / Subtitle 1 / Section 3-105
§3–105.
Status: in_force

Whenever this title and another law that relates to meetings of public bodies conflict, this title applies unless the other law is more stringent.
Md. Code, Insurance § 3-118 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-118
§3–118.
Status: in_force

A domestic stock insurer or domestic mutual insurer may not enter into an agreement in which a person agrees to pay all or part of the expenses of management of the domestic stock insurer or domestic mutual insurer in consideration of an agreement to pay to the person commissions on premiums due the domestic stock insurer or domestic mutual insurer or any other compensation for the person’s services.
Md. Code, Natural Resources § 3-920 — MD Code / Article gnr / Title 3 / Subtitle 9 / Section 3-920
§3–920.
Status: in_force

Prior to the acquisition, construction, leasing or installation of a project or the material extension of an existing project, the Authority shall deliver or mail by certified mail a notice of its intention to undertake such project or extension of a project to the chief executive officer of the county in which such project is or is to be located and to the secretary or clerk of the board of county commissioners or the legislative body of such county (as the case may be). The Authority shall not acquire, construct, lease, or install a project or materially extend any existing project if the board of county commissioners, the city council, or the county council (as the case may be) of the county in which such project is or is to be located advises the Authority, within 120 days following the date of the notice required in this section, that it has found that, after a public hearing which has been advertised in a newspaper of general circulation in the affected county at least 14 days prior to such hearing and after considering the recommendations of the chief executive officer of the county and such other facts as it deemed relevant and material, such acquisition, construction, leasing, installation, or extension would be contrary to the best interests of the residents of such county because it would be contrary to the health, safety and welfare of the citizens of such county by reason of (i) the impact of such project on the environment, or (ii) a conflict of such project with the master plan of the county, or (iii) such other facts concerning such project or effects of such project as such legislative body shall find would have an adverse effect on such health, safety and welfare.
Md. Code, Environment § 3-103 — MD Code / Article gen / Title 3 / Subtitle 1 / Section 3-103
§3–103.
Status: in_force

Except as otherwise provided by law, the Department shall revise the State’s environmental noise standards and sound level limits as necessary or appropriate.
Md. Code, Human Services § 3-501 — MD Code / Article ghu / Title 3 / Subtitle 5 / Section 3-501
§3–501.
Status: in_force

(a) This section does not apply in Baltimore City.

(b) Each local department shall have a local board.

(c) A local board consists of at least 9 but no more than 13 members as provided by local law enacted by the local governing authority.

(d) (1) On July 1 of each year, each local governing authority shall designate one member of the local governing authority to serve as an ex officio member of the local board.

(2) (i) The other members of the local board shall be appointed by the local governing authority.

(ii) The local governing authority shall seek out and appoint individuals who:

1. have a high degree of interest, capacity, and objectivity; and

2. in the aggregate, give a countywide representative character to the local board.

(e) On July 1 of each year, each local board shall select a chairman.

(f) A member of a local board:

(1) may not receive compensation; but

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

(g) (1) (i) 1. Except as provided in subsubparagraph 2 of this subparagraph, the term of an appointed member is 3 years.

2. In Charles County, the term of an appointed member is 4 years.

(ii) A term expires on June 30 of the year of expiration.

(iii) At the end of a term, a member continues to serve until a successor is appointed.

(iv) Once an appointed member of a local board serves two consecutive full terms, the member is ineligible for reappointment for a period of 1 year.

(2) If a vacancy occurs during the term of a member, the local governing authority shall appoint or designate a successor to serve for the remainder of the term.

(h) If a member of a local board fails to attend at least 50% of the local board’s meetings during a period of twelve consecutive months:

(1) the member may be considered to have resigned; and

(2) the chairman may declare that a vacancy exists.

(i) (1) This subsection does not apply to an ex officio member of a local board.

(2) If a member of a local board is elected or appointed to political or public office:

(i) the local governing authority may consider the member to have resigned; and

(ii) the chairman shall declare that a vacancy exists.
Md. Code, Natural Resources § 3-203.1 — MD Code / Article gnr / Title 3 / Subtitle 2 / Section 3-203.1
§3–203.
Status: in_force

§3–203.1.

(a) When any person offers to donate a perpetual conservation easement to the Maryland Environmental Trust, notification shall be mailed by the Maryland Environmental Trust to the appropriate governing body in which the land is located, as specified in subsection (b) of this section.

(b) The appropriate governing body for the purposes of this section means:

(1) The board of county commissioners in a commission county;

(2) The county executive and county council in a charter home rule county;

(3) The county commissioners in a Code home rule county; and

(4) The Mayor and City Council in Baltimore City.
Md. Code, Agriculture § 3-208 — MD Code / Article gag / Title 3 / Subtitle 2 / Section 3-208
§3–208.
Status: in_force

Any biological product used only for the testing or immunizing of animals sold, donated, or used within the State shall bear a label stating the name and address of the person manufacturing it, the date of its preparation, its contents, its intended use, and stating that it is for animal use only.
Md. Code, Financial Institutions § 3-302 — MD Code / Article gfi / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

(a) If the Commissioner approves, a commercial bank may issue preferred stock, in the amount and with the par value that the Commissioner approves, as provided in this section.

(b) Unless otherwise provided by law, preferred stock issued under this section is not valid until the commercial bank receives the purchase price in an amount that equals at least par value.

(c) If the Commissioner approves, preferred stock may be convertible into common stock on the terms and conditions that the charter provides. However, preferred stock is not convertible:

(1) Into common stock of a greater total par value; or

(2) At any time when the commercial bank would not have a surplus in an amount that equals at least 20 percent of its capital stock outstanding immediately after the conversion.

(d) (1) The holder of preferred stock is entitled to cumulative dividends at a rate not exceeding six percent a year of its par value.

(2) Dividends on common stock may not be declared or paid until the cumulative dividends on the preferred stock are fully paid.

(e) Each holder of preferred stock has the voting rights that the charter provides and the Commissioner approves.

(f) (1) A commercial bank may retire preferred stock in the manner and on the terms and conditions that the charter provides and the Commissioner approves.

(2) If the Commissioner approves, the commercial bank may retire its preferred stock out of any surplus above that required by this title.

(3) The commercial bank may not have at any time less than its required capital stock.

(g) If a commercial bank dissolves voluntarily or a receiver is appointed for it, the holders of its common stock may not be paid until the holders of its preferred stock are paid, for each of their shares:

(1) The amount that the charter provides, but not more than the purchase price under subsection (b) of this section and not less than the par value; and

(2) All accumulated and unpaid dividends.
Md. Code, Courts and Judicial Proceedings § 3-2A-06A — MD Code / Article gcj / Title 3 / Subtitle 2A / Section 3-2A-06A
§3–2A–06A.
Status: reserved

(a) At any time before the hearing of a claim with the Health Care Alternative Dispute Resolution Office, the parties may agree mutually to waive arbitration of the claim, and the provisions of this section then shall govern all further proceedings on the claim.

(b) (1) The claimant shall file with the Director a written election to waive arbitration which must be signed by all parties or their attorneys of record in the arbitration proceeding.

(2) After filing, the written election shall be mutually binding upon all parties.

(c) (1) Within 60 days after filing the election to waive arbitration, the plaintiff shall file a complaint and a copy of the election to waive arbitration with the circuit court or United States District Court.

(2) After filing the complaint, the plaintiff shall serve a summons and a copy of the complaint upon the attorney of record for all parties in the health claims arbitration proceeding.

(3) Failure to file a complaint within 60 days of filing the election to waive arbitration may constitute grounds for dismissal of the complaint upon motion by an adverse party and upon a finding of prejudice to that party due to the delay in the filing of the complaint.

(d) After filing the election to waive arbitration, the plaintiff may not join an additional health care provider as a defendant in any action brought under subsection (c) of this section unless a written election to waive arbitration has been filed by that health care provider under subsection (b) of this section.

(e) In any case subject to this section, the procedures of § 3-2A-06(f) of this subtitle shall apply.

(f) (1) If the parties mutually agree to a neutral case evaluation, the circuit court or United States District Court, to which the case has been transferred after the waiver of arbitration, may refer the case to the Health Care Alternative Dispute Resolution Office not later than 6 months after a complaint is filed under subsection (c) of this section.

(2) (i) On receipt of the case, the Director shall send to the parties a list of six attorneys who:

1. Meet the qualifications listed in § 3-2A-03(c)(3) of this subtitle; and

2. Have tried at least three health care malpractice cases.

(ii) Each party may strike two names from the list.

(iii) If the claim is against more than one health care provider, whether directly by a claimant or as a result of a third-party claim, the health care providers claimed against shall be treated as a single party and shall exercise their strikes jointly.

(iv) If there is more than one claimant, the claimants shall be treated as a single party and shall exercise their strikes jointly.

(v) If multiple claimants or multiple health care providers fail to agree on their strikes or fail to return their strike list to the Director within the time specified in paragraph (vi) of this subsection, the Director shall make the strikes on their behalf.

(vi) The strikes shall be submitted to the Director within 10 days after delivery of the list.

(vii) The Director shall appoint an evaluator from the unstricken names on the list.

(3) Upon appointment, the evaluator shall schedule a neutral case evaluation session to be held within 45 days after the appointment to pursue the neutral case evaluation of the claim or to resolve any issues to which the parties agree to stipulate before trial.

(4) Within 10 days after the neutral case evaluation session, the evaluator shall notify, in writing, the Director and the circuit court or United States District Court of the results of the neutral case evaluation.

(5) (i) During the neutral case evaluation period, the circuit court or United States District Court shall continue to have jurisdiction to rule on any motions or discovery matters.

(ii) The neutral case evaluation may not interfere with the scheduled trial.

(6) (i) The evaluator shall be paid in accordance with § 3-2A-03(d) of this subtitle.

(ii) Unless otherwise agreed by the parties, the cost of neutral case evaluation, which may not exceed $300 per case, shall be divided equally between the parties.

(g) The provisions of this section apply only if no party waives arbitration of the claim under the provisions of § 3-2A-06B of this subtitle.
Md. Code, Criminal Law § 3-605 — MD Code / Article gcr / Title 3 / Subtitle 6 / Section 3-605
§3–605.
Status: in_force

(a) This section does not apply to abuse that involves sexual abuse of a vulnerable adult.

(b) (1) A caregiver, a parent, or other person who has permanent or temporary care or responsibility for the supervision of a vulnerable adult may not:

(i) cause abuse or neglect of the vulnerable adult; or

(ii) intentionally and maliciously inflict severe emotional distress on the vulnerable adult.

(2) A household member or family member may not:

(i) cause abuse or neglect of a vulnerable adult; or

(ii) intentionally and maliciously inflict severe emotional distress on a vulnerable adult.

(c) A person who violates this section is guilty of the misdemeanor of abuse or neglect of a vulnerable adult in the second degree and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $5,000 or both.

(d) A sentence imposed under this section shall be in addition to any other sentence imposed for a conviction arising from the same facts and circumstances unless the evidence required to prove each crime is substantially identical.
Md. Code, Courts and Judicial Proceedings § 3-8A-27.1 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-27.1
§3–8A–27.
Status: in_force

§3–8A–27.1.

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

(2) “Expungement” has the meaning stated in § 10–101 of the Criminal Procedure Article.

(3) “Juvenile record” means a court record and police record concerning a child alleged or adjudicated delinquent or in need of supervision or who has received a citation for a violation.

(4) “Victim” means a person against whom a delinquent act has been committed or attempted.

(b) (1) A person may file a petition for expungement of the person’s juvenile record in the court in which the petition or citation was filed.

(2) The court shall have a copy of the petition for expungement served on:

(i) All listed victims in the case in which the person is seeking expungement at the address listed in the court file;

(ii) All family members of a victim listed in item (i) of this paragraph who are listed in the court file as having attended the adjudication for the case in which the person is seeking expungement; and

(iii) The State’s Attorney.

(c) The court may order a juvenile record expunged if:

(1) (i) The State’s Attorney enters a nolle prosequi;

(ii) The petition is dismissed;

(iii) The court, in an adjudicatory hearing, does not find that the allegations in the petition are true;

(iv) The adjudicatory hearing is not held within 2 years after a petition is filed; or

(v) The court, in a disposition hearing, finds that the person does or does not require guidance, treatment, or rehabilitation;

(2) The person has attained the age of 18 years and at least 2 years have elapsed since the last official action in the person’s juvenile record;

(3) The person has not been adjudicated delinquent more than once;

(4) The person has not subsequently been convicted of any offense;

(5) No delinquency petition or criminal charge is pending against the person;

(6) The person has not been adjudicated delinquent for an offense that, if committed by an adult, would constitute:

(i) A crime of violence as defined in § 14–101 of the Criminal Law Article;

(ii) A violation of § 3–308 of the Criminal Law Article; or

(iii) A felony;

(7) The person was not required to register as a sex offender under § 11–704(c) of the Criminal Procedure Article;

(8) The person has not been adjudicated delinquent for an offense involving the use of a firearm, as defined in § 5–101 of the Public Safety Article, in the commission of a crime of violence, as defined in § 14–101 of the Criminal Law Article; and

(9) The person has fully paid any monetary restitution ordered by the court in the delinquency proceeding.

(d) The court shall consider the best interests of the person, the person’s stability in the community, and the safety of the public in its consideration of the petition for expungement.

(e) (1) If no objection is filed, the court may grant the petition without a hearing.

(2) If the court finds that a petition fails on its face to meet the requirements under subsection (c) of this section, the court may deny the petition without a hearing.

(3) (i) 1. The following persons may file an objection to a petition under this section:

A. A listed victim in the case in which the person is seeking expungement;

B. A family member of a victim listed in item A of this subsubparagraph who is listed in the court file as having attended the adjudication for the case in which the person is seeking expungement; and

C. The State’s Attorney.

2. Except as provided under paragraph (2) of this subsection, if a person listed in subsubparagraph 1 of this subparagraph files an objection to the petition within 30 days after the petition is served, the court shall hold a hearing.

(ii) The court may hold a hearing on its own initiative.

(iii) If, after a hearing, the court finds that the person is entitled to expungement, the court shall order the expungement of all court records and police records relating to the delinquency or child in need of supervision petition or the citation.

(iv) If, after a hearing, the court finds that the person is not entitled to expungement, the court shall deny the petition.

(f) The person who filed the petition for expungement or the State’s Attorney may appeal an order granting or denying the petition.

(g) Unless an order is stayed pending an appeal, each custodian of juvenile records subject to the order of expungement shall advise, in writing, the court, the petitioner, and all parties to the petition for expungement proceeding of compliance with the order within 60 days after entry of the order.

(h) This section does not apply to:

(1) Records maintained under Title 11, Subtitle 7 of the Criminal Procedure Article; or

(2) Records maintained by a law enforcement agency for the sole purpose of collecting statistical information concerning juvenile delinquency and that do not contain any information that would reveal the identity of a person.
Md. Code, Labor and Employment § 3-1107 — MD Code / Article gle / Title 3 / Subtitle 11 / Section 3-1107
§3–1107.
Status: in_force

(a) A contract between an employee and an employer may not waive or require the employee to waive the right to seek the establishment of a lien for unpaid wages under this subtitle.

(b) A provision in an executory contract between an employer and an employee that conditions payment of wages to the employee on receipt by the employer of a payment from a property owner or a third party may not abrogate or waive the right of an employee to seek the establishment of a lien for unpaid wages under this subtitle.

(c) A provision of a contract that violates this section is void as against the public policy of the State.
Md. Code, Financial Institutions § 3-517 — MD Code / Article gfi / Title 3 / Subtitle 5 / Section 3-517
§3–517.
Status: in_force

(a) The ownership of and title to the individual assets in a common trust fund are solely in the trust company, as trustee of the fund.

(b) A trust company shall show clearly on its records:

(1) The name of each fiduciary account on behalf of which the trust company holds a participation in a common trust fund; and

(2) The extent of the interest held for that fiduciary account.
Md. Code, Financial Institutions § 3-511 — MD Code / Article gfi / Title 3 / Subtitle 5 / Section 3-511
§3–511.
Status: in_force

(a) A trust company may invest in a common trust fund money from an account that it administers as a cofiduciary if the trust company:

(1) Otherwise may do so under § 3-510 of this subtitle; and

(2) First obtains the written consent of all other cofiduciaries of that account.

(b) A trust company that administers a common trust fund, in which an account held by the trust company as cofiduciary participates, is solely responsible for management and control of the fund.

(c) A cofiduciary, other than the trust company, who consents in good faith to the participation of an account in a common trust fund is not liable to the beneficiaries for the management of the fund.

(d) On receipt of the written request of a cofiduciary to do so, the trust company shall withdraw the participation of a fiduciary account in a common trust fund at the earliest date that the fund plan permits.
Md. Code, Insurance § 3-113 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-113
§3–113.
Status: in_force

(a) If a domestic mutual insurer has surplus funds at least equal to the paid-in capital stock and surplus required of a domestic stock insurer that transacts like kinds of insurance business, the domestic mutual insurer, on receipt of an order of the Commissioner authorizing it to do so, may extinguish the contingent liability of its members as to all its policies in force and may issue nonassessable policies.

(b) Subject to the requirements of this article for issuing nonassessable policies, a foreign or alien mutual insurer may issue nonassessable policies to its members in the State under its articles of incorporation and the laws of its domicile.

(c) A mutual insurer may not issue assessable policies in the State if the mutual insurer issues nonassessable policies in the State or another jurisdiction.

(d) A policy of a domestic mutual insurer that, under an order of the Commissioner, is without contingent liability and therefore is nonassessable by its terms is not subject to assessment for a debt or liability of the domestic mutual insurer.

(e) The Commissioner shall revoke the authority of a mutual insurer to issue nonassessable policies if:

(1) the assets of the mutual insurer at any time are less than the sum of its liabilities and the surplus required for that authority; or

(2) the mutual insurer, by resolution of its board of directors approved by a majority of its members, requests that the authority be revoked.

(f) After revocation of a mutual insurer’s authority to issue nonassessable policies, the mutual insurer may not:

(1) issue a nonassessable policy; or

(2) renew a policy that is renewable at the option of the mutual insurer without endorsing the policy to provide for the contingent liability of the policyholder.
Md. Code, Health Occupations § 3-203 — MD Code / Article gho / Title 3 / Subtitle 2 / Section 3-203
§3–203.
Status: in_force

(a) From among its members, the Board annually shall elect a president, a vice-president, and a secretary-treasurer.

(b) The Board shall determine:

(1) The manner of election of officers; and

(2) The duties of each officer.
Md. Code, Courts and Judicial Proceedings § 3-8A-17.2 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-17.2
§3–8A–17.
Status: in_force

§3–8A–17.2.

(a) The court shall set and may change the conditions under which the examination is to be conducted.

(b) On consideration of the nature of the petition, the court may require the examination to be conducted on an outpatient basis if the child was previously detained under § 3–8A–15 of this subtitle and shall require the examination to be conducted on an outpatient basis if the child was not previously detained under § 3–8A–15 of this subtitle.

(c) (1) If a child was previously detained under § 3–8A–15 of this subtitle, the court may order the child to continue to be detained beyond any period specified in § 3–8A–15 of this subtitle until the examination is completed.

(2) If the court finds it appropriate for the health or safety of the child, or for the safety of others, the court may order confinement of the juvenile, pending the examination, in a medical facility that the Maryland Department of Health designates as appropriate.
Md. Code, State Finance and Procurement § 3-201 — MD Code / Article gsf / Title 3 / Subtitle 2 / Section 3-201
§3–201.
Status: in_force

There is a Department of Budget and Management, established as a principal department of the State government.
Md. Code, Public Safety § 3-524 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-524
§3–524.
Status: in_force

(a) This section shall be known as the Maryland Use of Force Statute.

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

(2) “Law enforcement agency” has the meaning stated in § 3–201 of this title.

(3) “Police officer” means:

(i) a police officer as defined in § 3–201 of this title; or

(ii) a special police officer as defined in § 3–301 of this title.

(4) “Serious physical injury” has the meaning stated in § 3–201 of the Criminal Law Article.

(c) Each police officer shall sign an affirmative written sanctity of life pledge to respect every human life and act with compassion toward others.

(d) (1) A police officer may not use force against a person unless, under the totality of the circumstances, the force is necessary and proportional to:

(i) prevent an imminent threat of physical injury to a person; or

(ii) effectuate a legitimate law enforcement objective.

(2) A police officer shall cease the use of force as soon as:

(i) the person on whom the force is used:

1. is under the police officer’s control; or

2. no longer poses an imminent threat of physical injury or death to the police officer or to another person; or

(ii) the police officer determines that force will no longer accomplish a legitimate law enforcement objective.

(e) A police officer shall:

(1) when time, circumstances, and safety allow, take steps to gain compliance and de–escalate conflict without using physical force;

(2) intervene to prevent or terminate the use of force by another police officer beyond what is authorized under subsection (d) of this section;

(3) render basic first aid to a person injured as a result of police action and promptly request appropriate medical assistance; and

(4) fully document all use of force incidents that the officer observed or was involved in.

(f) A police supervisor shall:

(1) respond to the scene of any incident during which a police officer used physical force and caused serious physical injury; and

(2) gather and review all known video recordings of a use of force incident.

(g) A law enforcement agency shall:

(1) have a written de–escalation of force policy; and

(2) adopt a written policy requiring supervisory and command–level review of all use of force incidents.

(h) A police officer shall:

(1) undergo training on when a police officer may or may not draw a firearm or point a firearm at a person and enforcement options that are less likely to cause death or serious physical injury, including scenario–based training, de–escalation tactics and techniques, and reasonable alternatives to decrease physical injury; and

(2) sign a training completion document stating that the officer understands and shall comply with the Maryland Use of Force Statute.

(i) (1) A police officer may not intentionally violate subsection (d) of this section, resulting in serious physical injury or death to a person.

(2) A police officer who violates paragraph (1) of this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years.

(3) A sentence imposed under this subsection may be separate from and consecutive to or concurrent with a sentence for any crime based on the act establishing a violation of this subsection.
Md. Code, Natural Resources § 3-1004 — MD Code / Article gnr / Title 3 / Subtitle 10 / Section 3-1004
§3–1004.
Status: in_force

(a) There is a Coast Smart Council in the Department.

(b) The Department shall provide staff support for the Council.
Md. Code, Financial Institutions § 3-202 — MD Code / Article gfi / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

(a) The incorporators shall sign and acknowledge two copies of articles of incorporation.

(b) The articles of incorporation shall include:

(1) The name and address of each incorporator;

(2) A statement that:

(i) Each incorporator is at least 18 years old;

(ii) Each incorporator is a citizen of the United States; and

(iii) At least one of the incorporators is a citizen of this State;

(3) A statement that the incorporators are associating to form a State bank or a trust company under this subtitle;

(4) The name of the State bank or trust company, which may not be similar in any material respect to the name of any other bank or trust company in this State;

(5) The municipal area and county where the principal banking office of the State bank or trust company is to be located;

(6) The number of directors and the names and residence addresses of those who will serve as directors until their successors are elected and qualify; and

(7) As to its capital stock:

(i) The total number of shares that the State bank or trust company has authority to issue;

(ii) The par value of the shares, which may not be less than $10 a share; and

(iii) The total par value of all shares.

(c) The articles of incorporation may include:

(1) Any provision that requires for any purpose the concurrence of a greater proportion of the votes of all classes or of any class of capital stock than the proportion required by this article for that purpose; and

(2) Any provision that defines, limits, or denies the preemptive rights of stockholders to acquire additional stock of the State bank or trust company.
Md. Code, Insurance § 3-121.1 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-121.1
§3–121.
Status: in_force

§3–121.1.

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

(2) “Mutual insurance holding company” means a nonstock corporation that:

(i) is incorporated in the State in accordance with a plan of reorganization adopted and approved under this section; and

(ii) is the parent of a reorganized stock insurer.

(3) “Reorganized stock insurer” means the stock corporation into which a mutual insurer is reorganized in accordance with a plan of reorganization adopted and approved under this section.

(b) Subject to the provisions of this section and in accordance with a plan of reorganization approved by the Commissioner, a mutual insurer may:

(1) reorganize as a stock insurer; and

(2) establish a mutual insurance holding company.

(c) A plan of reorganization shall provide that:

(1) all of the initial shares of capital stock of the reorganized stock insurer shall be issued to the mutual insurance holding company.

(2) the mutual insurance holding company shall own a majority of:

(i) the voting shares of the capital stock of the reorganized stock insurer; and

(ii) the total market value of all outstanding shares of the capital stock of the reorganized stock insurer.

(3) the class of capital stock owned by the mutual insurance holding company shall have dividend rights no less favorable than the dividend rights of any other class of stock of the reorganized stock insurer, unless:

(i) at least two-thirds of the board of directors of the mutual insurance holding company determines that such a requirement is not in the best interests of the members; and

(ii) the determination of the board of directors is approved by the Commissioner.

(4) in an initial public offering or initial private equity placement of stock, each eligible member of the mutual insurance holding company shall receive, without payment, nontransferable subscription rights to purchase stock, unless:

(i) at least two-thirds of the board of directors of the mutual insurance holding company determines that a subscription rights offering is not in the best interests of the members; and

(ii) the determination of the board of directors is approved by the Commissioner.

(5) (i) the following individuals may not acquire, by stock option or any other manner, the legal or beneficial ownership of any class of stock of the reorganized stock insurer for 6 months from the date of an initial public offering or initial private equity placement:

1. an officer or director of the mutual insurance holding company;

2. an officer or director of the reorganized stock insurer; and

3. any relative of an officer or director, who resides with the officer or director.

(ii) Notwithstanding subparagraph (i) of this paragraph, any individual who is a policyholder of the reorganized stock insurer may exercise subscription rights in accordance with paragraph (4) of this subsection.

(d) (1) Each policyholder of the reorganized stock insurer shall be a member of the mutual insurance holding company.

(2) On the effective date of the reorganization, the membership interests of a policyholder in the mutual insurer shall become nontransferable membership interests in the mutual insurance holding company.

(3) The plan of reorganization shall provide the terms and conditions under which future policyholders of the reorganized stock insurer shall become members of the mutual insurance holding company.

(4) At least two-thirds of those members of the board of directors of the mutual insurance holding company who are eligible or qualified to purchase a policy from the reorganized stock insurer, shall be members of the mutual insurance holding company.

(e) (1) Except as provided in paragraph (2) of this subsection, each policy of the mutual insurer in effect on the effective date of the reorganization shall remain in effect in accordance with its terms and conditions.

(2) The following rights and obligations under the policy of the mutual insurer shall be void as of the effective date of the reorganization:

(i) voting rights of policyholders;

(ii) except as to the holder of a participating policy, a right of a policyholder to share in the surplus or profits of the insurer; and

(iii) assessment provisions.

(3) A reorganized stock insurer shall continue to pay dividends to the holder of a participating policy that was in force on the effective date of the reorganization, in accordance with the methodology or formula used by the mutual insurer before the reorganization.

(f) The reorganized stock insurer shall have:

(1) paid-in capital stock not less than the minimum paid-in capital required of a domestic stock insurer that:

(i) transacts like kinds of insurance business; and

(ii) started business in the State on the date the mutual insurer received its original certificate of authority in the State; and

(2) surplus funds not less than 100% of the required capital.

(g) (1) The plan of reorganization shall be:

(i) approved by the vote of a majority of the board of directors of the mutual insurer; and

(ii) submitted to a meeting of members and approved by the vote of at least three-fourths of the members who vote on the plan of reorganization in person, by proxy, or by mail.

(2) Notice of the time, place, and purpose of the meeting of members shall be provided in the manner approved by the Commissioner.

(h) The plan of reorganization shall be submitted to the Commissioner for approval at least 60 days before the effective date of the reorganization, together with:

(1) the proposed articles of incorporation and bylaws of the mutual insurance holding company;

(2) the amendments to the articles of incorporation and bylaws of the mutual insurer to reorganize as a stock insurer;

(3) a 5-year plan of operation for the mutual insurance holding company and the reorganized stock insurer, including any plans for:

(i) an initial public offering of stock in the reorganized stock insurer; or

(ii) the transfer of assets or liabilities from the reorganized stock insurer or any subsidiaries of the reorganized stock insurer to the mutual insurance holding company;

(4) a list of the officers and directors of the mutual insurance holding company and the reorganized stock insurer;

(5) a biography of each officer and director of the mutual insurance holding company and the reorganized stock insurer; and

(6) any other documents or information requested by the Commissioner.

(i) (1) Unless disapproved by the Commissioner, a plan of reorganization is approved:

(i) on written notice from the Commissioner; or

(ii) 60 days after the plan and all information required under this section and under any regulations adopted in accordance with this section are submitted to the Commissioner.

(2) (i) Subject to subparagraph (ii) of this paragraph, the Commissioner shall approve the plan of reorganization if the plan of reorganization:

1. complies with this section; and

2. is equitable to the mutual insurer’s members.

(ii) In approving a plan of reorganization, the Commissioner may impose additional conditions and requirements that the Commissioner determines are necessary to achieve the purposes of this section.

(3) At the expense of the mutual insurer, the Commissioner may retain a qualified expert who is not a part of the staff of the Commissioner to assist in reviewing the plan of reorganization.

(4) After written notice to the mutual insurer, the Commissioner may hold a hearing on whether the plan of reorganization:

(i) complies with this section; and

(ii) is equitable to the mutual insurer’s members.

(j) (1) A mutual insurance holding company is subject to Title 7 of this article.

(2) The Commissioner may require the mutual insurance holding company to file annual statements with the Commissioner in the same manner as an insurer.

(3) The articles of incorporation and any amendments to such articles of the mutual insurance holding company are subject to the approval of the Commissioner in the same manner as those of an insurer.

(k) Compliance with the requirements for a plan of reorganization under this section exempts a mutual insurance holding company from the requirements of Title 7, Subtitle 3 of this article for the purpose of acquiring control of the reorganized stock insurer.

(l) (1) A mutual insurance holding company:

(i) may not dissolve or liquidate except through proceedings under Title 9 of this article; and

(ii) shall be a party to any proceeding under Title 9 of this article involving a reorganized stock insurer that is a subsidiary of the mutual insurance holding company.

(2) In any proceeding under Title 9 involving a reorganized stock insurer that is a subsidiary of a mutual insurance holding company, the assets of the mutual insurance holding company shall be deemed to be assets of the estate of the reorganized stock insurer for purposes of satisfying the claims of the reorganized stock insurer’s policyholders.

(m) A mutual insurance holding company may become a stock insurer in accordance with § 3-121 of this subtitle.

(n) The Commissioner may adopt regulations to enforce this section.
Md. Code, Courts and Judicial Proceedings § 3-1509 — MD Code / Article gcj / Title 3 / Subtitle 15 / Section 3-1509
§3–1509.
Status: in_force

(a) The Supreme Court of Maryland may adopt rules and forms to implement the provisions of this subtitle.

(b) (1) The Supreme Court of Maryland shall adopt a form for a petition under this subtitle.

(2) A petition form shall contain notice to a petitioner that an individual who knowingly provides false information in a petition filed under this subtitle is guilty of a misdemeanor and on conviction is subject to the penalties specified in § 3–1503(d) of this subtitle.
Md. Code, Natural Resources § 3-102 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

(a) To assist with the preservation, improvement, and management of the quality of air, land, water, and natural resources, and to promote the health and welfare of the citizens of the State, it is the intention of the General Assembly in enactment of this subtitle to provide for dependable, effective, and efficient water supply and purification and disposal of liquid and solid wastes, to encourage reductions in the amount of waste generated and discharged to the environment and the generation of energy and the recovery of useable resources from such waste to the extent practicable; to promote the conservation of energy usage and to enable and provide for the production of energy from solid wastes and renewable and other sources; to encourage private sector participation in environmental protection; and to serve its political subdivisions and economic interests. For these purposes, the General Assembly creates an instrumentality of the State constituted as a body politic and corporate to provide water supply wastewater purification and disposal, solid and hazardous waste disposal, and energy conservation, generation, and transmission services in compliance with State and federal laws, regulations, and policies governing air, land, and water pollution to public and private instrumentalities, and with safeguards to protect the autonomy of the political subdivisions and the rights of the private entities it serves. It is also the intent of the General Assembly that the instrumentality may not participate in competitive bidding with the private sector to provide its services.

(b) This subtitle shall be liberally construed to effect its purposes. However, nothing contained in it shall restrict any control which the Departments of the Environment and Natural Resources, or of their units, are empowered to exercise over any water supply, wastewater purification, solid waste disposal, or energy project authorized by this subtitle, nor interfere with or affect the operation of existing wastewater purification, water supply, solid waste disposal, or energy projects found by the Secretary of the Environment to be adequately and lawfully operated by municipalities having jurisdiction or responsibility for them, except by their express consent and agreement. Nothing in this subtitle shall restrict any control which the Public Service Commission is empowered to exercise over any energy project authorized by this subtitle.

(c) Nothing in this subtitle shall be construed to alter, change, or modify the zoning or land use planning authority of any municipality or public instrumentality or cause a municipality or public instrumentality to take action inconsistent with the county solid waste management plan required under Title 9, Subtitle 5 of the Environment Article.
Md. Code, Corporations and Associations § 3-801 — MD Code / Article gca / Title 3 / Subtitle 8 / Section 3-801
§3–801.
Status: in_force

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

(b) “Acquiring person” means a person who is seeking to acquire control of a corporation.

(c) “Act” includes an omission or failure to act.

(d) “Affiliate” means a person that directly, or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, a specified person.

(e) “Associate”, when used to indicate a relationship with any person, means:

(1) Any corporation or organization (other than the corporation or a subsidiary of the corporation) of which such person is an officer, director, or partner or is, directly or indirectly, the beneficial owner of 10 percent or more of any class of equity securities;

(2) Any trust or other estate in which such person has a substantial beneficial interest or as to which such person serves as trustee or in a similar fiduciary capacity; and

(3) Any relative or spouse of such person, or any relative of such spouse, who has the same principal residence as such person or who is a director or officer of the corporation or any of its affiliates.

(f) “Beneficial owner”, when used with respect to any stock, means a person:

(1) That, individually or with any of its affiliates or associates, beneficially owns stock, directly or indirectly; or

(2) That, individually or with any of its affiliates or associates, has:

(i) The right to acquire stock (whether such right is exercisable immediately or only after the passage of time), pursuant to any agreement, arrangement, or understanding or upon the exercise of conversion rights, exchange rights, warrants or options, or otherwise; or

(ii) The right to vote stock pursuant to any agreement, arrangement, or understanding; or

(3) That has any agreement, arrangement, or understanding for the purpose of acquiring, holding, voting, or disposing of stock with any other person that beneficially owns, or whose affiliates or associates beneficially own, directly or indirectly, such shares of stock.

(g) “Charter” includes the declaration of trust of a real estate investment trust.

(h) “Control”, including the terms “controlling”, “controlled by”, and “under common control with”, means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract, or otherwise, and the beneficial ownership of 10 percent or more of the votes entitled to be cast by a corporation’s stock creates a presumption of control.

(i) “Corporation” includes a real estate investment trust as defined in Title 8 of this article.

(j) “Director” includes a trustee of a real estate investment trust.

(k) “Equity security” means:

(1) Any stock or similar security, certificate of interest, or participation in any profit sharing agreement, voting trust certificate, or certificate of deposit for an equity security;

(2) Any security convertible, with or without consideration, into an equity security, or any warrant or other security carrying any right to subscribe to or purchase an equity security; or

(3) Any put, call, straddle, or other option or privilege of buying an equity security from or selling an equity security to another without being bound to do so.

(l) “Real estate investment trust” has the meaning stated in Title 8 of this article.

(m) “Stockholder” includes a shareholder of a real estate investment trust.

(n) “Subsidiary” means any corporation of which stock having a majority of the votes entitled to be cast is owned, directly or indirectly, by the corporation.
Md. Code, Courts and Judicial Proceedings § 3-8C-04 — MD Code / Article gcj / Title 3 / Subtitle 8C / Section 3-8C-04
§3–8C–04.
Status: in_force

An authorized school official may file with the juvenile court a petition alleging a violation of this subtitle.
Md. Code, Labor and Employment § 3-426 — MD Code / Article gle / Title 3 / Subtitle 4 / Section 3-426
§3–426.
Status: in_force

(a) (1) A person aggrieved by a regulation or order to pay wages that the Commissioner adopts under this subtitle may file a complaint in circuit court for the county within 60 days after the date of publication of the regulation or order to pay wages to have it modified or set aside.

(2) A copy of the complaint shall be served on the Commissioner.

(b) Unless the court specifically orders otherwise, the commencement of proceedings under this section may not operate as a stay of the regulation or order to pay wages.

(c) (1) The court shall determine whether a regulation or order to pay wages is in accordance with law.

(2) If a finding of fact is supported by substantial evidence, the finding is conclusive.
Md. Code, Labor and Employment § 3-302 — MD Code / Article gle / Title 3 / Subtitle 3 / Section 3-302
§3–302.
Status: in_force

This subtitle applies to an employer of both men and women in a lawful enterprise.
Md. Code, Public Safety § 3-102 — MD Code / Article gps / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

(a) Each county shall have a police accountability board to:

(1) hold quarterly meetings with heads of law enforcement agencies and otherwise work with law enforcement agencies and the county government to improve matters of policing;

(2) appoint civilian members to charging committees and trial boards;

(3) receive complaints of police misconduct filed by members of the public; and

(4) (i) on a quarterly basis, review outcomes of disciplinary matters considered by charging committees; and

(ii) on or before December 31 each year, submit a report to the governing body of the county that:

1. identifies any trends in the disciplinary process of police officers in the county; and

2. makes recommendations on changes to policy that would improve police accountability in the county.

(b) (1) (i) Subject to subparagraph (ii) of this paragraph, the local governing body shall:

1. establish the membership of a police accountability board;

2. establish the budget and staff for a police accountability board;

3. appoint a chair of the police accountability board who has relevant experience to the position; and

4. establish the procedures for record keeping by a police accountability board.

(ii) An active police officer may not be a member of a police accountability board.

(2) To the extent practicable, the membership of a police accountability board shall reflect the racial, gender, and cultural diversity of the county.

(c) (1) A complaint of police misconduct filed with a police accountability board shall include:

(i) the name of the police officer accused of misconduct;

(ii) a description of the facts on which the complaint is based; and

(iii) contact information of the complainant or a person filing on behalf of the complainant for investigative follow–up.

(2) A complaint need not be notarized.

(d) A complaint of police misconduct filed with a police accountability board shall be forwarded to the appropriate law enforcement agency within 3 days after receipt by the board.
Md. Code, Business Occupations and Professions § 3-415 — MD Code / Article gbo / Title 3 / Subtitle 4 / Section 3-415
§3–415.
Status: in_force

The Board may reinstate the permit of a corporation, partnership, or limited liability company that has failed to renew the permit for any reason if the corporation, partnership, or limited liability company:

(1) otherwise is entitled to a permit; and

(2) pays to the Board a reinstatement fee set by the Board.
Md. Code, Tax - General § 3-109 — MD Code / Article gtg / Title 3 / Subtitle 1 / Section 3-109
§3–109.
Status: in_force

(a) The Tax Court shall appoint a clerk.

(b) The clerk is entitled to the salary provided in the State budget.

(c) (1) The clerk shall have custody of and keep as a public record:

(i) a docket that is a full and accurate record of all proceedings in the Tax Court; and

(ii) a file of all the pleadings and exhibits in all proceedings in the Tax Court.

(2) The clerk shall issue a subpoena as required under §§ 13-520 and 13-521 of this article.

(3) The clerk shall perform other duties that the Tax Court assigns.

(d) The clerk may administer oaths in connection with any proceeding in the Tax Court.
Md. Code, Education § 3-1002 — MD Code / Article ged / Title 3 / Subtitle 10 / Section 3-1002
§3–1002.
Status: in_force

(a) In this subtitle, “elected member” means a member of the Prince George’s County Board elected from one of the nine school board districts described in § 3–1001 of this subtitle.

(b) The Prince George’s County Board consists of 10 members as follows:

(1) Nine elected members, each of whom resides in a different school board district; and

(2) One student member selected under subsection (f)(2) of this section.

(c) (1) One member of the county board shall be elected from each of the nine school board districts described in § 3–1001 of this subtitle.

(2) (i) Each candidate shall:

1. Be a registered voter of the county; and

2. Except as provided in subparagraph (ii) of this paragraph, be a resident of the school board district the candidate seeks to represent for at least 1 year before the date of the general election.

(ii) In an election year immediately following an approved decennial redistricting plan changing the boundaries of any school board district, the 1 year residency requirement under subparagraph (i) of this paragraph does not apply if the candidate:

1. Is a qualified voter but no longer resides in the candidate’s former school board district due to a boundary change in the approved decennial redistricting plan;

2. Resided in the candidate’s former school board district for at least 1 year immediately preceding the general election; and

3. Resides, as of the date of the deadline for filing as a candidate for election, in the school board district specified under item 2 of this subparagraph.

(3) An elected member shall forfeit the office if the member:

(i) Fails to reside in the school board district from which the member was elected, unless this change is caused by a change in the boundaries of the district; or

(ii) Fails to be a registered voter of the county.

(4) A member may not hold another office of profit in county government during the member’s term.

(5) Each elected member of the county board shall be nominated by the registered voters of the member’s school board district.

(d) The elected members of the county board shall be elected:

(1) At the general election every 4 years; and

(2) By the voters of the school board district that each member represents.

(e) (1) If a candidate for the county board dies or withdraws the candidacy during the period beginning with the date of the primary and ending 70 days before the date of the general election, the Board of Elections shall:

(i) Replace the name of the deceased or withdrawn candidate on the ballot for the general election with the name of the candidate who received the next highest number of votes in the primary election; or

(ii) If a contested primary was not held, reopen the filing process to allow other persons to file as candidates.

(2) (i) Except as otherwise provided in subparagraph (ii) of this paragraph, the Board of Elections shall add to the ballot for the general election the name of any person who files as a candidate in accordance with paragraph (1)(ii) of this subsection.

(ii) The Board of Elections may not add additional candidates to the ballot for the general election within 70 days before the date of the election.

(f) (1) The student member shall be an eleventh or twelfth grade student in the Prince George’s County public school system during the student’s term in office.

(2) (i) An eligible student shall file a nomination form at least 3 weeks before a special election meeting of the Prince George’s Regional Association of Student Governments.

(ii) Nomination forms shall be made available in the administrative offices of all public senior high schools in the county, the office of student concerns, and the office of the president of the regional association.

(iii) The delegates to the regional association annually shall elect two candidates for the student member to the board at a primary election meeting to be held each school year.

(3) The student member may vote on all matters before the board except those relating to:

(i) Collective bargaining decisions;

(ii) Teacher and administrator disciplinary matters as provided under § 6–202(a) of this article; and

(iii) Other personnel matters.

(4) On an affirmative vote of a majority of the elected members of the county board, the board may determine if a matter before the board relates to a subject that the student member may not vote on under paragraph (3) of this subsection.

(5) The student member may attend an executive session of the board unless the executive session relates to:

(i) Hearings on appeals of special education placements, hearings held under § 6–202(a) of this article, or collective bargaining; or

(ii) A personnel matter for which the student may not vote under paragraph (3) of this subsection.

(6) (i) The Prince George’s Regional Association of Student Governments shall establish procedures for the election of the student member of the county board.

(ii) The procedures established in accordance with subparagraph (i) of this paragraph shall provide for:

1. The administration of:

A. A primary election each year by the Prince George’s Regional Association of Student Governments; and

B. A general election each year by students in 6th through 12th grade in the Prince George’s County public school system; and

2. Notification to the County Superintendent of candidates selected by the Prince George’s Regional Association of Student Governments after each annual primary election.

(7) For the general election held under this subsection, the Prince George’s County public school system shall:

(i) Provide equal campaign funds to the candidates for the student member of the board; and

(ii) Educate the students described under paragraph (6)(ii)1B of this subsection on the voting process before each general election.

(8) The election procedures established by the Prince George’s Regional Association of Student Governments are subject to the approval of the elected members of the county board.

(g) (1) An elected member serves for a term of 4 years beginning on the first Monday in December after the member’s election and until the member’s successor is elected and qualifies.

(2) Unless otherwise disqualified under this section, an elected member of the county board is eligible for reelection.

(3) The student member serves for a term of 1 year beginning at the end of a school year.

(4) (i) Subject to subparagraph (ii) of this paragraph, if a seat held by an elected member of the county board becomes vacant, the County Executive shall:

1. Appoint a qualified individual to fill the seat for the remainder of the term; and

2. Transmit the name of the appointee to the clerk of the County Council.

(ii) If the County Council does not disapprove an appointment under subparagraph (i) of this paragraph by a two–thirds vote of all members of the County Council within 45 days after the transmittal of the name of the appointee, the appointment shall be considered approved.

(h) (1) The State Board may remove a member of the county board for any of the following reasons:

(i) Immorality;

(ii) Misconduct in office;

(iii) Incompetency; or

(iv) Willful neglect of duty.

(2) Before removing a member, the State Board shall send the member a copy of the charges pending and give the member an opportunity within 10 days to request a hearing.

(3) If the member requests a hearing within the 10–day period:

(i) The State Board promptly shall hold a hearing, but a hearing may not be set within 10 days after the State Board sends the member a notice of the hearing; and

(ii) The member shall have an opportunity to be heard publicly before the State Board in the member’s own defense, in person or by counsel.

(4) A member removed under this subsection has the right to judicial review of the removal by the Circuit Court for Prince George’s County based on an administrative record and such additional evidence as would be authorized by § 10–222(f) and (g) of the State Government Article.

(i) While serving on the county board, a member may not be a candidate for a public office other than a position on the county board.
Md. Code, Commercial Law § 3-102 — MD Code / Article gcl / Title 3 / Subtitle 1 / Section 3-102
§3–102.
Status: in_force

(a) This title applies to negotiable instruments. It does not apply to money, to payment orders governed by Title 4A, or to securities governed by Title 8.

(b) If there is conflict between this title and Title 4 or 9, Titles 4 and 9 govern.

(c) Regulations of the Board of Governors of the Federal Reserve System and operating circulars of the Federal Reserve Banks supersede any inconsistent provision of this title to the extent of the inconsistency.
Md. Code, Economic Development § 3-109 — MD Code / Article gec / Title 3 / Subtitle 1 / Section 3-109
§3–109.
Status: in_force

The Board shall submit a report each year to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly on the progress of the Board in implementing policies to assist manufacturing in the State.
Md. Code, General Provisions § 3-303 — MD Code / Article ggp / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

(a) Whenever a public body meets in open session, the general public is entitled to attend.

(b) A public body shall adopt and enforce reasonable rules regarding the conduct of persons attending its meetings and the videotaping, televising, photographing, broadcasting, or recording of its meetings.

(c) (1) If the presiding officer determines that the behavior of an individual is disrupting an open session, the public body may have the individual removed.

(2) Unless the public body or its members or agents act maliciously, the public body, members, and agents are not liable for having an individual removed under this subsection.
Md. Code, Insurance § 3-110 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-110
§3–110.
Status: in_force

(a) (1) Except as provided in § 3-113 of this subtitle for nonassessable policies, each member of a domestic mutual insurer other than a life insurer is contingently liable on a pro rata basis for the discharge of the liabilities of the domestic mutual insurer.

(2) The contingent liability provided for by this subsection shall be expressly stated in each policy.

(b) Termination of the policy of a member does not relieve the member of the contingent liability for the member’s proportion, if any, of the obligations of the domestic mutual insurer that accrued while the policy was in force.

(c) The unrealized contingent liability of a member is not an asset of the domestic mutual insurer in determining its financial condition.
Md. Code, Alcoholic Beverages and Cannabis § 3-202 — MD Code / Article gab / Title 3 / Subtitle 2 / Section 3-202
§3–202.
Status: in_force

(a) On receipt of an application, the Executive Director shall order an investigation of:

(1) the applicant;

(2) the business to be operated; and

(3) the statements presented in the license application.

(b) On completion of the investigation, the Executive Director shall deny the license application:

(1) if the Executive Director determines that the applicant:

(i) is not a fit person to receive the license;

(ii) made a material false statement in the application; or

(iii) acted fraudulently in connection with the application; or

(2) for other reasons that the Executive Director considers sufficient.

(c) If the Executive Director does not find cause to deny the license, the Executive Director shall approve the application and issue the license.

(d) (1) In addition to any license fee otherwise required under this article, an applicant for the initial issuance of a manufacturer’s or wholesaler’s license under Title 2, Subtitle 2 or 3 of this article shall pay to the Executive Director a nonrefundable application fee of $200.

(2) The application fee under this subsection does not apply to a license for which payment of an annual license fee is not otherwise required under this article.
Md. Code, Labor and Employment § 3-1606 — MD Code / Article gle / Title 3 / Subtitle 16 / Section 3-1606
§3–1606.
Status: in_force

Each employer shall keep, for at least 3 years, in or about the place of employment, a record of:

(1) the name, address, and occupation of each employee;

(2) the rate of pay of each employee;

(3) the amount that is paid each pay period to each employee;

(4) the hours that each employee works each day and workweek; and

(5) other information that the Commissioner requires, by regulation, as reasonable to enforce this subtitle.
Md. Code, Commercial Law § 3-114 — MD Code / Article gcl / Title 3 / Subtitle 1 / Section 3-114
§3–114.
Status: in_force

If an instrument contains contradictory terms, typewritten terms prevail over printed terms, handwritten terms prevail over both, and words prevail over numbers.
Md. Code, Correctional Services § 3-701 — MD Code / Article gcs / Title 3 / Subtitle 7 / Section 3-701
§3–701.
Status: in_force

In this subtitle, “term of confinement” means:

(1) the length of the sentence, for a single sentence; or

(2) the period from the first day of the sentence that begins first through the last day of the sentence that ends last, for:

(i) concurrent sentences;

(ii) partially concurrent sentences;

(iii) consecutive sentences; or

(iv) a combination of concurrent and consecutive sentences.
Md. Code, Agriculture § 3-502 — MD Code / Article gag / Title 3 / Subtitle 5 / Section 3-502
§3–502.
Status: in_force

(a) No person may permit a herd of livestock upon any improved highway of the State unless the herd is attended by competent persons.

(b) At least one attendant shall precede the herd at a distance of not more than 100 yards, and there shall be a driver not more than 100 yards in the rear of the herd.
Md. Code, Economic Development § 3-303 — MD Code / Article gec / Title 3 / Subtitle 3 / Section 3-303
§3–303.
Status: in_force

(a) The Office may enter into contracts or make grants:

(1) consistent with this subtitle; and

(2) subject to the approval of the Secretary or the Secretary’s designee.

(b) Procurement by the Office for services to be performed or supplies to be delivered outside the State shall be consistent with, but not subject to, Division II of the State Finance and Procurement Article.
Md. Code, Financial Institutions § 3-711 — MD Code / Article gfi / Title 3 / Subtitle 7 / Section 3-711
§3–711.
Status: in_force

The stockholders’ approval of a merger agreement constitutes the adoption of the charter and bylaws of the successor, including any amendments set forth in the agreement.
Md. Code, Courts and Judicial Proceedings § 3-705 — MD Code / Article gcj / Title 3 / Subtitle 7 / Section 3-705
§3–705.
Status: in_force

(a) Except as provided in subsection (b) of this section, a person who has been released on habeas corpus may not be imprisoned or committed in connection with the same offense.

(b) A person who has been released on habeas corpus may be imprisoned or committed in connection with the same offense:

(1) By order of the court for violation of the terms of his release;

(2) By order of any court having jurisdiction over the case;

(3) Upon surrender by his bondsman; or

(4) Upon his conviction.
Md. Code, Labor and Employment § 3-1209 — MD Code / Article gle / Title 3 / Subtitle 12 / Section 3-1209
§3–1209.
Status: in_force

(a) An employer may not:

(1) violate any provision of this subtitle;

(2) hinder, delay, or otherwise interfere with the Commissioner or an authorized representative of the Commissioner in the enforcement of this subtitle; or

(3) discharge or otherwise discriminate against an employee because the employee:

(i) has requested or taken parental leave authorized under this subtitle;

(ii) makes a complaint to the employer, the Secretary, or another person;

(iii) brings an action under this subtitle or a proceeding that relates to the subject of this subtitle or causes the action or proceeding to be brought; or

(iv) has testified or will testify in an action under this subtitle or a proceeding that relates to the subject of this subtitle.

(b) The Commissioner may bring an action for injunctive relief and damages against a person who violates subsection (a)(1) or (3) of this section.
Md. Code, Courts and Judicial Proceedings § 3-1203 — MD Code / Article gcj / Title 3 / Subtitle 12 / Section 3-1203
§3–1203.
Status: in_force

(a) (1) A motor carrier that is at fault and causes a traffic accident that results in a spill or discharge of hazardous materials shall negotiate in good faith to reimburse a paid fire department for the expense of an emergency response, containment, cleanup, and abatement involving the hazardous materials in the traffic accident.

(2) A person in control of a fixed facility who is at fault and who is involved in a release or threatened release of hazardous materials shall negotiate in good faith to reimburse a paid fire department for the expense of an emergency response, containment, cleanup, and abatement involving the hazardous materials in the release or threatened release.

(b) (1) If the negotiations under subsection (a)(1) of this section do not resolve the dispute to the satisfaction of the parties, a paid fire department may file suit against the motor carrier in a court of competent jurisdiction in the State.

(2) If the negotiations under subsection (a)(2) of this section do not resolve the dispute to the satisfaction of the parties, a paid fire department may file suit against the person in control in a court of competent jurisdiction in the State.
Md. Code, Public Safety § 3-515 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-515
§3–515.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, each law enforcement agency shall post all of the official policies of the law enforcement agency, including public complaint procedures and collective bargaining agreements:

(i) on the website of the Maryland Police Training and Standards Commission; and

(ii) on the agency’s own website, if the agency maintains a website.

(2) A chief may prohibit the posting under this subsection of administrative or operational policies that if disclosed would jeopardize operations or create a risk to public or officer safety, including policies related to high–risk prisoner transport security measures, operational response to active shooters, or the use of confidential informants.

(b) Each law enforcement agency shall post in a prominent public location an explanation of the procedures for filing:

(1) a complaint of police officer misconduct; and

(2) a request to obtain records relating to an administrative or criminal investigation of misconduct by a police officer under the Public Information Act.
Md. Code, Courts and Judicial Proceedings § 3-8A-27 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-27
§3–8A–27.
Status: in_force

(a) (1) A police record concerning a child is confidential and shall be maintained separate from those of adults. Its contents may not be divulged, by subpoena or otherwise, except by order of the court upon good cause shown or as otherwise provided in § 7–303 of the Education Article.

(2) This subsection does not prohibit:

(i) Access to and confidential use of the record by the Department of Juvenile Services or in the investigation and prosecution of the child by any law enforcement agency;

(ii) A law enforcement agency of the State or of a political subdivision of the State, the Department of Juvenile Services, or the criminal justice information system from including in the law enforcement computer information system information about:

1. An outstanding juvenile court ordered writ of attachment or an outstanding criminal court ordered writ of attachment, for the sole purpose of apprehending a child named in the writ;

2. An outstanding criminal court issued warrant, for the sole purpose of apprehending a child named in the warrant; or

3. A missing child as defined in § 9–401 of the Family Law Article; or

(iii) A law enforcement agency of the State or of a political subdivision of the State, when necessary and for the sole purposes of facilitating apprehension of a child and ensuring public safety, from releasing to the public photographs and identifying information of a child who:

1. Has escaped from:

A. A detention center for juveniles;

B. A secure residential facility for juveniles; or

C. A correctional unit as defined in § 2–401 of the Correctional Services Article;

2. Is a missing child as defined in § 9–401 of the Family Law Article; or

3. The court does not have jurisdiction over pursuant to § 3–8A–03(d)(1), (4), or (5) of this subtitle and who is subject to:

A. Arrest; or

B. An arrest warrant issued by a criminal court.

(b) (1) A court record pertaining to a child is confidential and its contents may not be divulged, by subpoena or otherwise, except by order of the court upon good cause shown or as provided in §§ 7–303 and 22–309 of the Education Article.

(2) This subsection does not prohibit access to and the use of the court record or fingerprints of a child described under Title 10, Subtitle 2 of the Criminal Procedure Article in a proceeding in the court involving the child, by personnel of the court, the State’s Attorney, counsel for the child, a court–appointed special advocate for the child, or authorized personnel of the Department of Juvenile Services.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, this subsection does not prohibit access to and confidential use of the court record or fingerprints of a child described under Title 10, Subtitle 2 of the Criminal Procedure Article by the Department of Juvenile Services or in an investigation and prosecution by a law enforcement agency.

(ii) The court record or fingerprints of a child described under §§ 10–215(a)(20) and (21), 10–216, and 10–220 of the Criminal Procedure Article may not be disclosed to:

1. A federal criminal justice agency or information center; or

2. Any law enforcement agency other than a law enforcement agency of the State or a political subdivision of the State.

(4) (i) The Department of Juvenile Services may provide access to and the confidential use of the court record of a child by an agency in the District of Columbia or a state agency in Delaware, Pennsylvania, Virginia, or West Virginia, if the agency:

1. Performs the same functions in the jurisdiction of the agency as described in § 9–216(a) of the Human Services Article; and

2. Has a reciprocal agreement with the State that provides that the specific information to be shared by the State is the same type of information that will be shared by the agency.

(ii) A record that is shared under this paragraph may only provide information that is relevant to the supervision, care, and treatment of the child.

(iii) The Department of Juvenile Services shall be liable for an unauthorized release of a court record under this paragraph.

(iv) The Department of Juvenile Services shall adopt regulations to implement this paragraph.

(5) (i) This subsection does not prohibit access to and use of a court record by a judicial officer who is authorized under the Maryland Rules to determine a defendant’s eligibility for pretrial release, counsel for the defendant, the State’s Attorney, or the Maryland Division of Pretrial Detention and Services if:

1. The individual who is the subject of the court record is charged as an adult with an offense;

2. The access to and use of the court record is strictly limited for the purpose of determining the defendant’s eligibility for pretrial release; and

3. The court record concerns an adjudication of delinquency that occurred within 3 years of the date the individual is charged as an adult.

(ii) The Supreme Court of Maryland may adopt rules to implement the provisions of this paragraph.

(6) (i) This subsection does not prohibit access to and confidential use of a court record by the Department of Human Services or a local department of social services:

1. For the purpose of claiming federal Title IV–B and Title IV–E funds; or

2. If the Department of Human Services or a local department of social services is providing treatment, services, or care to a child who is the subject of the record.

(ii) The Department of Human Services and local departments of social services shall keep a court record obtained under this paragraph confidential in accordance with the laws and policies applicable to the Department of Human Services and local departments of social services.

(7) (i) This subsection does not prohibit access to and confidential use of a court record by the Maryland Department of Health or a local health department if the Maryland Department of Health or a local health department is providing treatment, services, or care in coordination with the Department of Juvenile Services to a child who is the subject of the record, for a purpose relevant to the provision of the treatment, services, or care.

(ii) The Maryland Department of Health and local health departments shall keep a court record obtained under this paragraph confidential in accordance with the laws and policies applicable to the Maryland Department of Health and local health departments.

(8) This subsection does not prohibit access to and confidential use of a court record by the Commission on Juvenile Justice Reform and Emerging and Best Practices if the Commission is performing the functions described under § 9–3502 of the State Government Article.

(c) The court, on its own motion or on petition, and for good cause shown, may order the court records of a child sealed, and, upon petition or on its own motion, shall order them sealed after the child has reached 21 years of age. If sealed, the court records of a child may not be opened, for any purpose, except by order of the court upon good cause shown.

(d) This section does not prohibit access to or use of any juvenile record by the Maryland Division of Parole and Probation or the Maryland Parole Commission when the Division or the Commission is carrying out any of their statutory duties either at the direction of a court of competent jurisdiction, or when the Maryland Parole Commission is carrying out any of its statutory duties, if the record concerns a charge or adjudication of delinquency.

(e) This section does not prohibit access to and use of any juvenile record by the Maryland Division of Correction when the Division is carrying out any of its statutory duties if: (1) the individual to whom the record pertains is committed to the custody of the Division; and (2) the record concerns an adjudication of delinquency.

(f) Subject to the provisions of §§ 9–219 and 9–220 of the Human Services Article, this section does not prohibit access to or use of any juvenile record for criminal justice research purposes. A record used under this subsection may not contain the name of the individual to whom the record pertains, or any other identifying information which could reveal the individual’s name.

(g) This section does not prohibit a victim or victim’s representative who has filed a notification request form from being notified of proceedings and events involving the defendant or child as provided in this subtitle, the Criminal Procedure Article, or the Criminal Law Article.

(h) This section does not prohibit the Department of Public Safety and Correctional Services or a supervising authority, as defined in § 11–701 of the Criminal Procedure Article, from accessing or using the part of a juvenile record that identifies an offense committed by a juvenile for purposes of complying with Title 11, Subtitle 7 of the Criminal Procedure Article.
Md. Code, Natural Resources § 3-2A-13 — MD Code / Article gnr / Title 3 / Subtitle 2A / Section 3-2A-13
§3–2A–13.
Status: in_force

The Department shall adopt any regulations necessary to carry out the purposes of this subtitle.
Md. Code, Public Safety § 3-511.1 — MD Code / Article gps / Title 3 / Subtitle 5 / Section 3-511.1
§3–511.
Status: in_force

§3–511.1.

(a) (1) The Department of General Services, in coordination with the Department of Information Technology, shall negotiate contracts, at the request of one or more law enforcement agencies, with third parties for the acquisition or maintenance of body–worn cameras, equipment, or technology for law enforcement agencies.

(2) The contracts negotiated under paragraph (1) of this subsection may include contracts for any related equipment or technology determined to be necessary for the effective use of body–worn cameras.

(3) The Department of General Services shall notify all law enforcement agencies of the contracts that are being negotiated under paragraph (1) of this subsection by posting the contracts on eMaryland Marketplace Advantage.

(b) The contracts negotiated under subsection (a) of this section shall prioritize:

(1) equipment and technology that complies with the policies developed by the Maryland Police Training and Standards Commission under § 3–511 of this subtitle;

(2) equipment and technology that conform to industry standards and best practices;

(3) cybersecurity and data privacy;

(4) compatibility with different equipment and technology;

(5) capabilities to effectively view, edit, redact, and transfer data from body–worn cameras; and

(6) cost effectiveness.

(c) For any contract negotiated under subsection (a) of this section, the right of a law enforcement agency to receive services from an entity related to viewing, editing, redacting, or transferring data from body–worn cameras may not be restricted in any manner.
Md. Code, Insurance § 3-124 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-124
§3–124.
Status: in_force

(a) A domestic stock insurer may reinsure with another insurer all or substantially all of its insurance in force or a major class of its insurance in force by an agreement of bulk reinsurance.

(b) (1) An agreement of bulk reinsurance is not effective unless it is filed with and approved by the Commissioner.

(2) The Commissioner shall approve the agreement within a reasonable time after it is filed unless the Commissioner finds that the agreement:

(i) is inequitable to the stockholders of the domestic stock insurer; or

(ii) would substantially reduce the protection of or service to the policyholders of the domestic stock insurer.

(3) If the Commissioner does not approve the agreement, the Commissioner shall notify the domestic stock insurer in writing of the disapproval and specify the reasons for disapproval.
Md. Code, Labor and Employment § 3-1405 — MD Code / Article gle / Title 3 / Subtitle 14 / Section 3-1405
§3–1405.
Status: in_force

The Commissioner shall adopt regulations to implement the provisions of this subtitle.
Md. Code, Courts and Judicial Proceedings § 3-8A-24 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-24
§3–8A–24.
Status: in_force

(a) Except as provided in subsections (b) and (c) of this section, an order under this subtitle vesting legal custody in an individual, agency, or institution is effective for an indeterminate period of time.

(b) An order providing for custody of a child adjudicated delinquent or in need of supervision may not exceed three years from the date entered. However, the court may renew the order upon its own motion, or pursuant to a petition filed by the individual, institution, or agency having legal custody after notice and hearing as prescribed by the Maryland Rules.

(c) An order under this section is not effective after the child becomes 21 years old.
Md. Code, Courts and Judicial Proceedings § 3-8A-17.11 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-17.11
§3–8A–17.
Status: in_force

§3–8A–17.11.

In any competency hearing under this subtitle, it is presumed that the child did not commit the act alleged in the petition.
Md. Code, Insurance § 3-104 — MD Code / Article gin / Title 3 / Subtitle 1 / Section 3-104
§3–104.
Status: in_force

(a) The articles of incorporation of each domestic insurer and any amendment to its charter must be submitted to the Commissioner for examination and approval before they may be accepted for record by the Department of Assessments and Taxation.

(b) Articles of incorporation and articles of amendment are not effective unless the Commissioner, by written endorsement on them, has approved the articles as being in accordance with the insurance laws of the State.
Md. Code, Courts and Judicial Proceedings § 3-8A-11 — MD Code / Article gcj / Title 3 / Subtitle 8A / Section 3-8A-11
§3–8A–11.
Status: in_force

(a) An intake officer shall use the following form to inform persons, in accordance with § 3–8A–10 of this subtitle, of his decision to deny authorization to file a petition for the alleged commission of a delinquent act:

Date:��(Date�form�is�mailed)

Re:� ..............................................................

Offense�No:� ................................................

Date�of�Offense:� .........................................

Nature of Offense:� .....................................

.............................................................

.............................................................

.............................................................

Dear�.................................................. :

I have reviewed the facts concerning the offense referred to above and have decided not to authorize juvenile court action. This decision included consideration of the facts of the case and the juvenile’s involvement. Home, school, and community adjustment along with parental concern and control were examined. Past history with the police and court was also considered.

The reasons for this decision are as follows:

...........�The juvenile was issued a reprimand and warned against future involvement in delinquent activities.

...........�The juvenile is currently under supervision of the juvenile court.

...........�The juvenile will receive informal supervision by this intake officer. This will include counseling, and possibly referral to a program or agency to further work with problems seen as important to the juvenile’s future adjustment.

...........�The juvenile has successfully completed a pretrial program of intensive counseling and supervision of 45 to 90 days, and has shown a satisfactory adjustment during this time.

...........�This case is not legally sufficient.

Additional Comments: .....................................................................................................

............................................................................................................................................

............................................................................................................................................

If you disagree with this decision and desire to appeal, you must fill in the form provided below and send it to the State’s Attorney’s office so that it is received in that office by .......... (Date)

If you have any questions or want to talk about this case with me before making a decision on whether to appeal, please call me at............................ (Phone�Number)

However, if you do this, it will not extend the 30–day period within which you are allowed to appeal.

Sincerely,

....................................................................

Intake Officer

.....................................................................

.....................................................................

If you disagree with the above decision of the intake officer, fill out the form below and send it to:

......................................................�����������(To be filled in by intake officer prior to

......................................................�����������mailing to person being informed of intake

......................................................�����������decision)

(Name and address of appropriate

State’s Attorney authority)

Re: ................................................ (To be filled in by intake officer prior to

Offense: ........................................ mailing to person being informed of intake

Date of Offense: ........................... decision)

Nature of Offense: .......................

I have been informed by the juvenile intake officer of his decision not to forward this case for action in the juvenile court.

I disagree with this decision and ask that the State’s Attorney’s office review it and decide whether court proceedings should be carried out.

....................................................................

Signed

(b) The use of the form prescribed by subsection (a) of this section does not preclude the Department of Juvenile Services from sending other information, in addition to this form, to explain the intake officer’s decision and advise persons of their right to appeal the decision of the intake officer.
Md. Code, Natural Resources § 3-117 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-117
§3–117.
Status: in_force

(a) Bonds and notes authorized to be issued under the provisions of this subtitle by resolution of the Board may be secured by a trust agreement by and between the Service and a corporate trustee, which may be any trust company, or bank having trust powers, within or without the State. The trust agreement, or the authorizing resolution, may pledge or assign all or any part of the revenues of the Service or of any project or other available funds of the Service or pledge, convey, or assign any one or more facilities or properties. Any trust agreement or resolution authorizing the issuance of bonds or notes may contain the provisions for the protection and enforcement of the rights and remedies of the bondholders and the trustee deemed reasonable and proper and may restrict the individual right of action by bondholders. In addition, the trust agreement may contain other provisions which the Board deems reasonable and proper for the security of the bondholders, including, without limitation, covenants to abandon, restrict, or prohibit the construction or operation of competing facilities and covenants pertaining to the issuance of additional parity bonds or notes upon conditions stated therein consistent with the requirements of this subtitle. All expenses incurred in carrying out the provisions of any trust agreement may be treated as a part of the cost of the operation of any project or projects in connection with which the bonds or notes have been issued.

(b) The proceeds of the sale of bonds or notes secured by a trust agreement shall be paid to the trustee under the trust agreement securing the bonds or notes and shall be disbursed in the manner and under the restrictions, if any, that may be provided in the trust agreement.
Md. Code, Natural Resources § 3-112 — MD Code / Article gnr / Title 3 / Subtitle 1 / Section 3-112
§3–112.
Status: in_force

(a) The Service may provide by resolution, adopted by a majority of the Board, for the issuance of bonds and notes of the Service.

(b) The Board has absolute discretion to determine with respect to the bonds or notes of any issue: (1) the date or dates of issue; (2) the date or dates and amount or amounts of maturity, provided only that no bond of any issue may mature later than 40 years from the date of its issue; (3) the rate or rates of interest payable thereon and the date or dates of such payment; (4) the form or forms, denomination or denominations, manner of execution and the place or places of payment thereof, and the interest thereon, which may be at any bank or trust company within or without the State; (5) whether the bonds or notes or any part thereof are made redeemable before maturity and, if so, upon what terms, conditions, and prices; (6) whether there shall be a debt service reserve fund and, if so, its amount; and (7) any other matter relating to the form, terms, conditions, issuance, and sale thereof.