Md. Code, Health Occupations § 6-202 — MD Code / Article gho / Title 6 / Subtitle 2 / Section 6-202
§6–202.
Status: in_force

(a) (1) The Board consists of nine members.

(2) Of the nine Board members:

(i) Six shall be licensed massage therapists; and

(ii) Three shall be consumer members.

(3) (i) The Governor shall appoint the licensed massage therapist members with the advice of the Secretary, and the advice and consent of the Senate of Maryland, from a list of names of qualified individuals submitted to the Secretary and the Governor by an association that represents at least 250 licensed massage therapists in the State.

(ii) The number of names on the list shall be five times the number of vacancies.

(iii) The list shall include the name of the incumbent member unless the incumbent member declines renomination.

(4) The Governor shall appoint the consumer members with the advice of the Secretary and the advice and consent of the Senate of Maryland.

(b) (1) Each licensed massage therapist member shall be:

(i) A resident of the State;

(ii) A licensed massage therapist of integrity and ability who is in active practice;

(iii) A graduate of a Board–approved program in massage therapy; and

(iv) An individual who has practiced massage therapy in the State for at least 5 consecutive years before appointment.

(2) (i) In this paragraph, “good standing” means that the Board has not reprimanded the licensed massage therapist, suspended or revoked the license of the licensed massage therapist, or placed the licensed massage therapist on probation within 5 years before or after confirmation to the Board.

(ii) In addition to the requirements of paragraph (1) of this subsection, each licensed massage therapist member of the Board shall be in good standing with the Board.

(c) Each consumer member of the Board:

(1) Shall be a member of the general public;

(2) May not be or ever have been a massage therapist or massage practitioner or in training to become a massage therapist or massage practitioner;

(3) May not have a household member who is a massage therapist or massage practitioner or in training to become a massage therapist or massage practitioner;

(4) May not participate or ever have participated in a commercial or professional field related to massage therapy;

(5) May not have a household member who participates in a commercial or professional field related to massage therapy; and

(6) May not have had within 2 years before appointment a substantial financial interest in a person regulated by the Board.

(d) While a member of the Board, a consumer member may not have a substantial financial interest in a person regulated by the Board.

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

(f) (1) The term of a member is 4 years.

(2) The terms of members are staggered as required by the terms provided for members of the Board on October 1, 2016.

(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 rest of the term and until a successor is appointed and qualifies.

(5) To the extent practicable, the Governor shall fill any vacancy on the Board within 60 days after the date of the vacancy.

(6) A member may not serve more than 2 consecutive full terms.

(g) (1) The Governor may remove a member for incompetence or misconduct.

(2) On the recommendation of the Secretary, the Governor may remove a member whom the Secretary finds to have been absent from two successive Board meetings without adequate reason.
Md. Code, Alcoholic Beverages and Cannabis § 6-208 — MD Code / Article gab / Title 6 / Subtitle 2 / Section 6-208
§6–208.
Status: in_force

The governing body of a municipality may adopt an ordinance or a resolution to regulate the possession or consumption of alcoholic beverages in a parking lot, common area, or general common element in:

(1) a leased residential property, including attached single–family homes or a multifamily dwelling unit;

(2) a condominium; or

(3) a homeowners association.
Md. Code, Financial Institutions § 6-603 — MD Code / Article gfi / Title 6 / Subtitle 6 / Section 6-603
§6–603.
Status: in_force

(a) (1) Except as provided in subsection (b) of this section, and in § 6-328 (7) and (8) of this title, a loan may not be made to any member of a credit union unless it is approved unanimously by those members of the credit committee who are present at a meeting that is attended by a majority of the members of the credit committee.

(2) If the bylaws of the credit union so provide, an applicant for a loan that is not approved by the credit committee may appeal to the board of directors.

(b) (1) (i) The credit committee or the president may appoint loan officers.

(ii) The appointment of loan officers by the president shall be subject to confirmation by the credit committee.

(iii) The credit committee shall supervise loan officers and delegate to them the power to approve or disapprove loans in accordance with written instructions or policies adopted by the board.

(2) Not more than one loan officer may be a member of the credit committee.

(3) A loan made by a loan officer in accordance with the written instructions or policies of the board does not have to be approved by the credit committee.

(4) (i) Each loan officer shall give the credit committee the record of each loan that the officer approves or disapproves within 7 days after a loan application is made.

(ii) The credit committee shall act on each loan application where the decision of the loan officer has been appealed by the credit union member.

(5) A loan officer may not disburse credit union funds for any loan that the loan officer approved.

(c) The credit committee shall meet as often as necessary.
Md. Code, Environment § 6-1005 — MD Code / Article gen / Title 6 / Subtitle 10 / Section 6-1005
§6–1005.
Status: in_force

Except as otherwise provided, the provisions and procedures of §§ 6–420 through 6–422 of this title and § 7–266(b) of this article shall be used and shall apply to enforce violations of:

(1) This subtitle;

(2) Any regulations adopted under this subtitle; and

(3) Any condition of accreditation issued under this subtitle.
Md. Code, Economic Development § 6-301 — MD Code / Article gec / Title 6 / Subtitle 3 / Section 6-301
§6–301.
Status: in_force

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

(b) “Credit year” means the taxable year in which a qualified business entity claims the credit allowed in accordance with § 6–304(a) of this subtitle.

(c) (1) “Qualified business entity” means a person conducting or operating a trade or business in the State that is certified in accordance with § 6–303 of this subtitle as qualifying for the tax credit under this subtitle.

(2) For a person engaged in a business activity described in § 6–303(b)(1)(ii)13 of this subtitle, “qualified business entity”:

(i) includes a person owning or operating the multi–use facility in which the entertainment, recreation, cultural, or tourism–related activities are operated; and

(ii) does not include any separate entity that leases retail space at the facility.

(d) (1) “Qualified position” means:

(i) if the position is filled before October 1, 2021, a position that:

1. is full–time and of indefinite duration;

2. pays at least 120% of the State minimum wage;

3. is located in the State;

4. is newly created as a result of the establishment or expansion of a business facility in a single location in the State; and

5. is filled; and

(ii) if the position is filled on or after October 1, 2021, a position that:

1. is full–time and of indefinite duration;

2. pays at least:

A. for an employee classification for which there is a prevailing wage rate, as defined under § 17–201 of the State Finance and Procurement Article, the prevailing wage; or

B. for any other employee classification, 150% of the State minimum wage;

3. is located in the State;

4. provides career advancement training;

5. affords the employee the right to collectively bargain for wages and benefits;

6. provides paid leave;

7. is considered covered employment for purposes of unemployment insurance benefits in accordance with Title 8 of the Labor and Employment Article;

8. entitles the employee to workers’ compensation benefits in accordance with Title 9 of the Labor and Employment Article;

9. offers employer–provided health insurance benefits with monthly premiums that do not exceed 8.5% of the employee’s net monthly earnings;

10. offers retirement benefits;

11. is newly created as a result of the establishment or expansion of a business facility in a single location in the State; and

12. is filled.

(2) “Qualified position” does not include a position that is:

(i) created when an employment function is shifted from an existing business facility of a business entity in the State to another business facility of the same business entity if the position is not a net new job in the State;

(ii) created through a change in ownership of a trade or business;

(iii) created through a consolidation, merger, or restructuring of a business entity if the position is not a net new job in the State;

(iv) created when an employment function is contractually shifted from an existing business entity to another business entity in the State if the position is not a net new job in the State; or

(v) filled for a period of less than 12 months.

(3) For a person engaged in a business activity described in § 6–303(b)(1)(ii)13 of this subtitle, “qualified position” does not include any position other than a position engaged in:

(i) the operation of entertainment, recreation, cultural, or tourism–related activities within the multi–use facility; or

(ii) management, marketing, building maintenance, hotel services, or security for the multi–use facility.

(e) “Qualified veteran employee” means an individual who:

(1) is honorably discharged or released under honorable circumstances from active military, naval, or air service as defined in 38 U.S.C. § 101; and

(2) is a qualified veteran as defined under § 51(d)(3)(A) of the Internal Revenue Code for purposes of the federal Work Opportunity Tax Credit.

(f) “Revitalization area” means:

(1) an enterprise zone designated by the Secretary under § 5–704 of this article;

(2) an enterprise zone designated by the United States government under 42 U.S.C. §§ 11501 through 11505;

(3) an empowerment zone or enterprise community designated by the United States government under 26 U.S.C. §§ 1391 through 1397F;

(4) a sustainable community, as defined in § 6–301 of the Housing and Community Development Article; or

(5) a Tier I county.

(g) “Small business” means an individual, a partnership, a limited partnership, a limited liability partnership, a limited liability company, or a corporation that employs 50 or fewer total full–time employees.

(h) “State priority funding area” means:

(1) a municipal corporation;

(2) Baltimore City;

(3) a sustainable community, as defined in § 6–301 of the Housing and Community Development Article;

(4) an enterprise zone designated by the Secretary under § 5–704 of this article;

(5) an enterprise zone designated by the United States government under 42 U.S.C. §§ 11501 through 11505;

(6) those areas of the State located between Interstate Highway 495 and the District of Columbia;

(7) those areas of the State located between Interstate Highway 695 and Baltimore City;

(8) any area in a county designated by the county as a priority funding area under § 5–7B–03(c) of the State Finance and Procurement Article;

(9) that portion of the Port Land Use Development Zone, as defined in § 6–501 of the Transportation Article, that has been designated as an area appropriate for growth in a county comprehensive master plan; and

(10) a qualified opportunity zone designated under § 1400Z–1 of the Internal Revenue Code in Allegany County, Garrett County, Somerset County, or Wicomico County.
Md. Code, Business Regulation § 6-207 — MD Code / Article gbr / Title 6 / Subtitle 2 / Section 6-207
§6–207.
Status: in_force

Except as otherwise provided in this title, the Secretary of State shall pay all money collected under this title into the General Fund of the State.
Md. Code, Health Occupations § 6-207 — MD Code / Article gho / Title 6 / Subtitle 2 / Section 6-207
§6–207.
Status: reserved

(a) There is a State Board of Massage Therapy Examiners Fund.

(b) (1) The Board may set reasonable fees for the issuance and renewal of licenses and registrations and other services of the Board.

(2) The fees charged shall be set so as to approximate the cost of maintaining the Board.

(3) Funds to cover the compensation and expenses of the Board members shall be generated by fees set under this section.

(c) (1) The Board shall pay all funds collected under this title to the Comptroller.

(2) The Comptroller shall distribute the fees to the State Board of Massage Therapy Examiners Fund.

(d) (1) The Fund shall be used to cover the actual documented direct and indirect costs of fulfilling the statutory and regulatory duties of the Board as provided in this title.

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

(3) Any unspent portions of the Fund may not be transferred or revert to the General Fund of the State, but shall remain in the Fund to be used for the purposes specified in this title.

(4) No other State money may be used to support the Fund.

(e) (1) A designee of the Board shall administer the Fund.

(2) Money in the Fund may be expended only for any lawful purpose authorized under this title.

(f) The Legislative Auditor shall audit the accounts and transactions of the Fund as provided in § 2–1220 of the State Government Article.
Md. Code, Education § 6-1106 — MD Code / Article ged / Title 6 / Subtitle 11 / Section 6-1106
§6–1106.
Status: in_force

The Department may adopt policies, procedures, and regulations to carry out this title.
Md. Code, Financial Institutions § 6-706 — MD Code / Article gfi / Title 6 / Subtitle 7 / Section 6-706
§6–706.
Status: in_force

(a) (1) With the prior approval of the Commissioner, as required under subsection (b) of this section, a credit union may organize a credit union service organization.

(2) A credit union that proposes to organize a credit union service organization shall:

(i) File with the Commissioner a notice of intention to organize a credit union service organization; and

(ii) Submit to the Commissioner any information the Commissioner requires in order to evaluate the proposed credit union service organization.

(3) In deciding whether to approve the organization of a credit union service organization, the Commissioner shall consider whether:

(i) The organization of the credit union service organization will promote the convenience of the members of the credit union;

(ii) The credit union has sufficient net worth to support the credit union service organization; and

(iii) The credit union generally is operating in compliance with the provisions of this title.

(4) Unless the Commissioner notifies the credit union that a different time period is necessary, within 60 days of receipt of the notice specified in paragraph (2) of this subsection, the Commissioner shall notify the credit union of the determination on the approval of the organization of a credit union service organization.

(b) (1) Subject to the provisions of this subsection, a credit union may invest in and make loans to a credit union service organization.

(2) If an investment or loan by a credit union to a credit union service organization causes the aggregate of the credit union’s investments or loans to exceed 2% of the credit union’s total assets, the credit union shall:

(i) Notify the Commissioner as provided in paragraph (3) of this subsection; and

(ii) Receive the prior approval of the Commissioner for any investment in or loan to the credit union service organization that exceeds the limit imposed under this paragraph.

(3) A credit union that proposes to make any investment in or loan to the credit union service organization that exceeds the limit under paragraph (2) of this subsection shall:

(i) File with the Commissioner a notice of intention to exceed the limit; and

(ii) Submit to the Commissioner any information the Commissioner requires in order to evaluate the proposed intention to exceed the limit.

(4) In deciding whether to approve the investment or loan, the Commissioner shall consider whether:

(i) The investment or loan will promote the convenience of the members of the credit union;

(ii) The credit union has sufficient net worth to support the investment or loan; and

(iii) The credit union generally is operating in compliance with the provisions of this title.

(5) Unless the Commissioner notifies the credit union that a different time period is necessary, within 60 days of receipt of the notice specified in paragraph (2) of this subsection, the Commissioner shall notify the credit union of the determination on the approval of the investment or loan.

(c) As deemed necessary by the Commissioner, the Commissioner shall have complete:

(1) Access to the books and records of a credit union service organization; and

(2) Authority to review the internal controls of a credit union service organization.

(d) A credit union service organization may serve on a contractual basis more than one credit union and its members.
Md. Code, Housing and Community Development § 6-905 — MD Code / Article ghs / Title 6 / Subtitle 9 / Section 6-905
§6–905.
Status: reserved

(a) Subject to subsection (b) of this section, this subtitle and the credit authorized under it shall terminate January 1, 2031.

(b) After the termination of this subtitle:

(1) the Secretary may not issue any additional tax credit certificates under § 6–903 of this subtitle; and

(2) tax credit certificates issued may be claimed, refunded, carried forward, or transferred in accordance with §§ 6–902 and 6–903 of this subtitle.
Md. Code, Environment § 6-810 — MD Code / Article gen / Title 6 / Subtitle 8 / Section 6-810
§6–810.
Status: in_force

(a) The Commission shall study and collect information on the:

(1) Effectiveness of this subtitle in:

(i) Protecting children from lead poisoning; and

(ii) Lessening risks to responsible owners;

(2) Effectiveness of the treatments specified in §§ 6–815 and 6–819 of this subtitle, including recommendations for changes to those treatments;

(3) Ability of State and local officials to respond to lead poisoning cases;

(4) Availability of affordable housing; and

(5) Need to expand the scope of this subtitle to other property serving persons at risk, including child care centers, family child care homes, and preschool facilities.

(b) The Commission may appoint a subcommittee or subcommittees to study the following subjects relating to lead and lead poisoning:

(1) Case management;

(2) Regulation and compliance;

(3) Lead paint abatement service provider education and training;

(4) Social services;

(5) Educational services;

(6) Legal aspects;

(7) Blood lead testing;

(8) Abatement of lead sources;

(9) Financial subsidies and other encouragement and support for the abatement of the causes of lead poisoning;

(10) Laboratory services; and

(11) Other subjects that the Commission considers necessary.

(c) The Commission shall review the implementation and operation of this subtitle and, on or before January 1 of each year, starting in 1996, submit a report to the Governor and, subject to the provisions of § 2–1257 of the State Government Article, the General Assembly on the results of the review, and the Commission’s recommendations concerning this subtitle, other lead poisoning issues, and the need for further action that the Commission determines to be necessary.

(d) The Department shall consult with the Commission in developing regulations to implement this subtitle.
Md. Code, Education § 6-201.1 — MD Code / Article ged / Title 6 / Subtitle 2 / Section 6-201.1
§6–201.
Status: in_force

§6–201.1.

The Department shall:

(1) Develop an informational form that lists and explains the various paths that can be taken in order to obtain certification and tenure in the State; and

(2) Post the form on its website.
Md. Code, Education § 6-1009 — MD Code / Article ged / Title 6 / Subtitle 10 / Section 6-1009
§6–1009.
Status: in_force

(a) (1) Subject to paragraph (2) of this subsection, beginning on July 1, 2022, teacher salary increases associated with the career ladder shall at a minimum include the following:

(i) Becoming an NBC teacher – $10,000 salary increase;

(ii) An NBC teacher teaching at a low–performing school as identified by the county board – $7,000 salary increase;

(iii) Becoming lead teacher – $5,000 salary increase;

(iv) Becoming distinguished teacher – $10,000 salary increase;

(v) Becoming professor distinguished teacher – $15,000 salary increase; and

(vi) Becoming a distinguished principal – $15,000 salary increase.

(2) The teacher salary increases under paragraph (1) of this subsection do not apply to paragraph (1)(iii) through (vi) of this subsection until § 6–1002(a) of this subtitle becomes effective as recommended by the Department and approved by the Accountability and Implementation Board.

(b) (1) Salary increases associated with maintenance of an NBC are subject to collective bargaining in accordance with § 6–408 of this title.

(2) The State share for the following salary increases provided under paragraph (1) of this subsection shall not exceed the following amounts:

(i) Earning a first maintenance of NBC – $8,000 salary increase;

(ii) Earning a second maintenance of NBC – $7,000 salary increase; and

(iii) Earning a third maintenance of NBC – $6,000 salary increase.

(c) (1) If a teacher is eligible for more than one salary increase under subsections (a) and (b) of this section, the teacher shall receive all salary increases that apply.

(2) A teacher that receives a salary increase under subsection (a)(2) of this section for teaching at a low–performing school may not lose that salary increase while teaching at the school even if the school ceases to be low–performing.

(d) On or before July 1, 2024, each county shall demonstrate to the Accountability and Implementation Board established under § 5–402 of this article that, during the period between July 1, 2019, and June 30, 2024, teachers in the county received a 10% salary increase above the negotiated schedule of salary increases between the public school employer and exclusive representative for the employee organization.

(e) Beginning on July 1, 2026, the minimum teacher salary for all teachers shall be $60,000.

(f) (1) In this subsection, “total program amount” means the sum of, for each item under subsections (a) and (b)(2) of this section:

(i) The teacher salary increase multiplied by the number of teachers receiving the salary increase; and

(ii) Rounded to the nearest whole dollar.

(2) The increase in the salary required under subsections (a) and (b)(2) of this section shall be a shared cost between the State and the county in accordance with this subsection.

(3) The required State share for each county is the result of the following calculation multiplied by 0.5 and rounded to the nearest whole dollar:

(i) The salary increase multiplied by the number of teachers eligible to receive the salary increase in the prior fiscal year;

(ii) Divide the result calculated under item (i) of this paragraph by the ratio, rounded to seven decimal places, of local wealth per pupil to statewide wealth per pupil as defined in § 5–201 of this article; and

(iii) Multiply the result calculated under item (ii) of this paragraph by the result, rounded to seven decimal places, that results from dividing the total program amount by the sum of all of the results calculated under item (ii) of this paragraph for all counties.

(4) The required local share is equal to the total program amount for each county minus the State share calculated under paragraph (3) of this subsection and rounded to the nearest whole dollar.

(g) (1) Beginning in fiscal year 2023, the State shall distribute the State share of the teacher salary increases as calculated under subsection (f) of this section to each county board.

(2) Beginning in fiscal year 2023, the county shall distribute the local share of the teacher salary increases as calculated under subsection (f) of this section to each county board.

(3) Beginning in fiscal year 2023, the county board shall distribute the State and the local share of the teacher salary increase to the school in which the teacher works.
Md. Code, Environment § 6-832 — MD Code / Article gen / Title 6 / Subtitle 8 / Section 6-832
§6–832.
Status: in_force

(a) An offeror under § 6-831 of this subtitle shall send notice of the qualified offer to the person at risk, or in the case of a minor, the parent or legal guardian of the minor in the form and manner specified by the Department.

(b) (1) An offeror under § 6-831 of this subtitle shall send a copy of the qualified offer to the local health department in the jurisdiction where the person at risk resides.

(2) Within 5 business days after receiving the copy of the qualified offer under paragraph (1) of this subsection, the local health department shall personally notify the person at risk, or in the case of a minor, the parent or legal guardian of the minor of State and local resources available for lead poisoning prevention and treatment.

(3) The local health department shall maintain a copy of the qualified offer in the case management file of the person at risk.
Md. Code, Health Occupations § 6-313 — MD Code / Article gho / Title 6 / Subtitle 3 / Section 6-313
§6–313.
Status: in_force

(a) If the Board, while reviewing an application for licensure or investigating an allegation brought against a licensee under this title, has reason to believe and objective evidence that the applicant or licensee may cause harm to individuals affected by the applicant’s or licensee’s practice of massage therapy, the Board shall require the applicant or licensee to submit to an appropriate examination by a health care provider designated by the Board.

(b) In return for the privilege to practice massage therapy in the State, the applicant or licensee is deemed to have:

(1) Consented to submit to an examination under this section, if requested by the Board in writing; and

(2) Waived any claim of privilege as to the testimony or examination reports of the examining health care professional.

(c) The failure or refusal of the applicant or licensee to submit to an examination required under subsection (b) of this section is prima facie evidence of the applicant’s or licensee’s inability to practice massage therapy competently, unless the Board finds that the failure or refusal was beyond the control of the licensee.

(d) The Board shall pay the cost of any examination made under this section.
Md. Code, State Finance and Procurement § 6-103 — MD Code / Article gsf / Title 6 / Subtitle 1 / Section 6-103
§6–103.
Status: in_force

(a) There is a Bureau of Revenue Estimates in the Office of the Comptroller.

(b) (1) The head of the Bureau is the Chief.

(2) Subject to the supervision of the Comptroller, the Chief has administrative control of the Bureau.

(3) Unless the Comptroller, with the approval of the Board, determines that an alternative structure is appropriate, the Chief shall be subject to the supervision of the Deputy Comptroller with responsibility for tax administration.

(c) (1) Except as otherwise provided by law, subject to the approval of the Board, the Comptroller shall appoint the Chief from a list of not fewer than three candidates reviewed and evaluated by the Revenue Monitoring Committee and the Consensus Revenue Monitoring and Forecasting Group established under § 6–105 of this subtitle.

(2) The Chief may be removed only by a majority of the Board for incompetence or other good cause.

(d) The Chief shall appoint other employees of the Bureau in accordance with the provisions of the State Personnel and Pensions Article, including:

(1) a minimum of six analysts; and

(2) one Deputy Chief.
Md. Code, Tax - Property § 6-306 — MD Code / Article gtp / Title 6 / Subtitle 3 / Section 6-306
§6–306.
Status: in_force

(a) In this section, “tax setoff” means:

(1) the difference between the general county property tax rate and the property tax rate that is set for assessments of property in a municipal corporation; or

(2) a payment to a municipal corporation to aid the municipal corporation in funding services or programs that are similar to county services or programs.

(b) This section applies to any county not listed in § 6-305 of this subtitle.

(c) The governing body of the county shall meet and discuss with the governing body of any municipal corporation in the county the county property tax rate to be set for assessments of property in the municipal corporation as provided in this section. After the meeting if a municipal corporation performs services or programs instead of similar county services or programs, the governing body of the county may grant a tax setoff to the municipal corporation.

(d) In determining the county property tax rate to be set for assessments of property in a municipal corporation, the governing body of the county may consider:

(1) the services and programs that are performed by the municipal corporation instead of similar county services and programs; and

(2) the extent that the similar services and programs are funded by property tax revenues.

(e) The county property tax rate for assessments of property located in a municipal corporation is not required to be:

(1) the same as the rate for property located in other municipal corporations in the county; or

(2) the same as the rate set in a prior year.

(f) (1) At least 180 days before the date that the annual county budget is required to be approved, any municipal corporation in the county that desires that a tax setoff be provided shall submit to the county a proposal that states the desired level of property tax setoff for the next fiscal year.

(2) (i) A request submitted under paragraph (1) of this subsection shall be accompanied by:

1. a description of the scope and nature of the services or programs provided by the municipal corporation instead of similar services or programs provided by the county; and

2. financial records and other documentation regarding municipal revenues and expenditures.

(ii) The materials submitted under subparagraph (i) of this paragraph shall provide sufficient detail for an assessment of the similar services or programs.

(3) After receiving a proposal from a municipal corporation requesting a tax setoff under this subsection, the governing body of the county shall promptly submit to the municipal corporation financial records and other documentation regarding county revenues and expenditures.

(g) (1) At least 90 days before the date that the annual county budget is required to be approved, the county and any municipal corporation submitting a tax setoff request under subsection (f) of this section shall designate appropriate policy and fiscal officers or representatives to meet and discuss the nature of the tax setoff request, relevant financial information of the county and municipal corporation, and the scope and nature of services provided by both entities.

(2) A meeting held under paragraph (i) of this subsection may be held by the county representatives jointly with representatives from more than one municipal corporation.

(3) (i) The county officers or representatives may request from the municipal corporation officers or representatives additional information that may reasonably be needed to assess the tax setoff.

(ii) The municipal corporation officers or representatives shall provide the additional information expeditiously.

(h) (1) At or before the time the proposed county budget is released to the public, the county commissioners, the county executive of a charter county, or the county council of a charter county without a county executive shall submit a statement of intent to each municipal corporation that has requested a tax setoff.

(2) The statement of intent shall contain:

(i) an explanation of the level of the proposed tax setoff;

(ii) a description of the information or process used to determine the level of the proposed tax setoff; and

(iii) an indication that, before the budget is enacted, appropriate officials or representatives of the municipal corporation are entitled to appear before the county governing body to discuss or contest the level of the proposed tax setoff.

(i) Representatives of each municipal corporation in the county requesting a tax setoff shall be afforded an opportunity to testify before the county governing body during normally scheduled hearings on the county’s proposed budget.

(j) Notwithstanding the provisions of subsections (d), (f), and (g) of this section:

(1) a county and one or more municipal corporations may enter into an agreement setting different terms or timing for negotiations, calculations, or approval of a tax setoff; and

(2) a county may grant a tax setoff to a municipal corporation that does not make a request in the fashion described in this section.
Md. Code, Economic Development § 6-1005 — MD Code / Article gec / Title 6 / Subtitle 10 / Section 6-1005
§6–1005.
Status: in_force

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

(2) “Economically disadvantaged individual”, “focus area employee”, and “qualified employee” have the meanings stated in § 10–702 of the Tax – General Article.

(3) “Enterprise zone” and “focus area” have the meanings stated in § 5–701 of this article.

(b) For a qualified opportunity zone business that qualifies for an income tax credit for wages paid in an enterprise zone under § 10–702(c) and (d) of the Tax – General Article:

(1) the Level 1 opportunity zone enhancement is:

(i) up to $1,025 of the wages paid to each qualified employee; and

(ii) for wages paid to each qualified employee who is an economically disadvantaged individual, the credit allowed under § 10–702(c) and (d) is increased by 7.5% in each of the 3 taxable years in which the credit is claimed; and

(2) the Level 2 opportunity zone enhancement is:

(i) up to $1,200 of the wages paid to each qualified employee; and

(ii) for wages paid to each qualified employee who is an economically disadvantaged individual, the credit allowed under § 10–702(e) of the Tax – General Article is increased by 10% in each of the 3 taxable years in which the credit is claimed.

(c) For a qualified opportunity zone business that qualifies for an income tax credit for wages paid in a focus area under § 10–702(e) of the Tax – General Article:

(1) the Level 1 opportunity zone enhancement is:

(i) up to $1,540 of the wages paid to each focus area employee; and

(ii) for wages paid to each focus area employee who is an economically disadvantaged individual, the credit allowed under § 10–702(e) of the Tax – General Article is increased by 7.5% in each of the 3 taxable years in which the credit is claimed; and

(2) the Level 2 opportunity zone enhancement is:

(i) up to $1,750 of the wages paid to each focus area employee; and

(ii) for wages paid to each focus area employee who is an economically disadvantaged individual, the credit allowed under § 10–702(e) of the Tax – General Article is increased by 10% in each of the 3 taxable years in which the credit is claimed.

(d) The enhanced multipliers authorized under subsections (b)(1)(i) and (2)(i) and (c)(1)(i) and (2)(i) of this section are in substitution for and not in addition to the multipliers under § 10–702(e) of the Tax – General Article.
Md. Code, Public Safety § 6-303 — MD Code / Article gps / Title 6 / Subtitle 3 / Section 6-303
§6–303.
Status: in_force

(a) The State Fire Marshal may employ a staff in accordance with the State budget.

(b) (1) The full time investigative and inspection assistants in the office shall be known as deputy State fire marshals.

(2) Deputy State fire marshals shall meet the minimum qualifications and complete the training required by the Police Training and Standards Commission for a police officer.

(3) The qualification and training requirements of paragraph (2) of this subsection do not apply to the fire inspectors and fire investigators of the political subdivisions of the State.

(c) (1) The State Fire Marshal may designate civilian employees to conduct inspections and submit reports as necessary.

(2) The minimum qualifications for a civilian employee shall be completion of the National Fire Protection Association Standard 1031.
Md. Code, Environment § 6-812 — MD Code / Article gen / Title 6 / Subtitle 8 / Section 6-812
§6–812.
Status: in_force

(a) An owner who has registered an affected property under § 6–811 of this subtitle shall:

(1) Renew the registration of the affected property on or before December 31 of each year or according to a schedule established by the Department by regulation; and

(2) Update the information contained in the owner’s registration required by § 6–811(b)(1) through (5) of this subtitle within 30 days after any change in the information required in the registration.

(b) An owner who first acquires affected property after December 1, 1995 shall register the affected property under § 6–811 of this subtitle within 30 days after the acquisition.
Md. Code, Education § 6-1004 — MD Code / Article ged / Title 6 / Subtitle 10 / Section 6-1004
§6–1004.
Status: in_force

(a) (1) There is a teacher leadership track on level four of the career ladder.

(2) A teacher on the teacher leadership track:

(i) Shall:

1. Be an NBC teacher; or

2. If there is no assessment comparable to NBC for the teacher’s subject area, have a master’s degree in the teacher’s subject area; and

(ii) Is responsible for mentoring peers and serving as an expert resource on content and pedagogy for their school, their district, and the State.

(b) (1) The first tier of the teacher leadership track is a lead teacher.

(2) A lead teacher shall:

(i) Meet all skill and credential requirements for levels one through three on the career ladder;

(ii) Be able to lead, in an effective and disciplined way, teams of teachers working to improve the curriculum, instruction, and assessment in the school;

(iii) Have the skills and knowledge to mentor new teachers or less skilled teachers to enable them to develop their skills, including mentoring teachers who are pursuing NBC;

(iv) Have sufficient research expertise, including expertise in action research, in order to lead teams of teachers that will use research to develop programs, curriculum, teaching techniques, and other interventions;

(v) Be able to conduct formal evaluations of the interventions developed under item (iv) of this paragraph to determine the extent to which the interventions are successful and to alter the interventions as necessary to improve outcomes for students; and

(vi) Teach students using culturally responsive and trauma–informed pedagogy.

(3) (i) When a lead teacher position becomes available in a county, a lead teacher shall be selected in accordance with this paragraph.

(ii) Throughout the process of selecting a lead teacher under this paragraph, priority shall be given to teachers who have experience teaching in schools that:

1. Reflect the racial and ethnic diversity of the State; or

2. Have received a grant under § 5–223 of this article.

(iii) Distinguished teachers, professor distinguished teachers, and, if necessary because of a limited number of distinguished and professor distinguished teachers, lead teachers who teach in the county shall provide a list of qualified candidates to:

1. The principal of the school in which the position is available; and

2. The local superintendent.

(iv) The principal of the school in which the position is available and the local superintendent shall appoint a candidate from the list provided under subparagraph (ii) of this paragraph.

(4) Beginning with teachers listed under § 6–1002(h)(3) of this subtitle as specified by the State Board, a lead teacher shall:

(i) Teach in the classroom on average 50% of the teacher’s working time; and

(ii) Spend the remaining time on other teacher activities, including:

1. Mentoring newer and struggling teachers and teachers who are pursuing NBC; and

2. Leading workshops and demonstrations at the school level.

(c) (1) The second tier of the teacher leadership track is a distinguished teacher.

(2) A distinguished teacher shall have demonstrated exceptional skills in all the requirements for a lead teacher, which may be determined through an evaluation of:

(i) The teaching capability of the teacher’s mentees;

(ii) Whether the teams the teacher led resulted in effective improvements in curriculum, instruction, and assessment;

(iii) The quality of the teacher’s published work, including publication in refereed journals;

(iv) The demand for the teacher’s counsel and guidance, both inside and outside of the teacher’s school;

(v) The teacher’s ethical standards and ability to promote a school culture in which all students are expected to achieve at high levels and all professionals are expected to work to help students achieve at high levels; and

(vi) The teacher’s ability to inspire, guide, and develop teachers to achieve a high level of competence.

(3) (i) When a distinguished teacher position becomes available in a county, a distinguished teacher shall be selected in accordance with this paragraph.

(ii) Throughout the process of selecting a distinguished teacher under this paragraph, priority shall be given to lead teachers who have experience teaching in classrooms and leading teams of teachers in schools that:

1. Reflect the racial and ethnic diversity of the State; or

2. Have received a grant under § 5–223 of this article.

(iii) Professor distinguished teachers and, if necessary because of a limited number of professor distinguished teachers, distinguished teachers who teach in the county shall provide a list of qualified candidates to:

1. The principal of the school in which the position is available; and

2. The local superintendent.

(iv) The principal of the school in which the position is available and the local superintendent shall appoint a candidate from the list provided in subparagraph (ii) of this paragraph.

(4) Beginning with teachers listed under § 6–1002(h)(3) of this subtitle as specified by the State Board, a distinguished teacher shall:

(i) Teach in the classroom on average 40% of the teacher’s working time; and

(ii) Spend the remaining time on other teacher activities, including:

1. Mentoring lead teachers; and

2. Leading workshops and demonstrations at the school and district level.

(d) (1) The third tier of the teacher leadership track is a professor distinguished teacher.

(2) A professor distinguished teacher is a distinguished teacher with exceptional accomplishments, which may be demonstrated by:

(i) The publication of research papers as a university professor; or

(ii) Being qualified to teach and be a leader in both an institution of higher education and an elementary or secondary school.

(3) Candidates to be a professor distinguished teacher include:

(i) A senior faculty member in a professional development school who holds a doctorate and is qualified to serve as a clinical professor; and

(ii) A teacher who:

1. Is based at an institution of higher education;

2. Serves as a mentor and instructor of teachers in training;

3. Mentors new teachers during induction; and

4. Designs and leads professional development across the State.

(4) (i) A county board shall appoint a professor distinguished teacher in consultation with the appropriate institution of higher education.

(ii) Throughout the process of selecting a professor distinguished teacher under this paragraph, priority shall be given to distinguished teachers who have experience teaching, leading teachers, and developing teachers in schools that:

1. Reflect the racial and ethnic diversity of the State; or

2. Have received a grant under § 5–223 of this article.

(5) Beginning with teachers listed under § 6–1002(h)(3) of this subtitle as specified by the State Board, a professor distinguished teacher shall teach in a classroom on average 20% of the teacher’s working time.

(e) When the career ladder under § 6–1002(a) of this subtitle is determined by the Accountability and Implementation Board to be well established throughout the State, a county board shall select:

(1) A mentor teacher for induction programs and teacher training practicums from the teacher leadership track; and

(2) An expert to write curriculum and assessment items and develop model lessons from the distinguished teacher and professor distinguished teacher tiers of the teacher leadership track.

(f) (1) Except as provided in paragraph (2) of this subsection, a teacher in the teacher leadership track shall spend a portion of their working time teaching in the classroom.

(2) A teacher in the teacher leadership track may be assigned nonteaching duties for a period of time, but shall return to teaching in the classroom after a certain period of time, as determined by the county board.
Md. Code, Alcoholic Beverages and Cannabis § 6-201 — MD Code / Article gab / Title 6 / Subtitle 2 / Section 6-201
§6–201.
Status: in_force

Subject to Division II of this article, this subtitle applies statewide.
Md. Code, Education § 6-1002 — MD Code / Article ged / Title 6 / Subtitle 10 / Section 6-1002
§6–1002.
Status: in_force

(a) (1) On or before July 1, 2024, each county board shall implement a career ladder that meets the requirements of this subtitle.

(2) Except as otherwise provided in this subtitle, the requirements of this subtitle shall become effective in a county on the date the county board adopts a career ladder under paragraph (1) of this subsection.

(b) (1) There is a career ladder for educators in the State.

(2) The purpose of the career ladder is to:

(i) Transform teaching into a high–status profession in the State;

(ii) Attract high–performing students to pursue the high–status teaching profession;

(iii) Retain high–quality teachers who gain additional responsibility, authority, status, and compensation as they gain additional expertise;

(iv) Transform the education system in the State into a top–performing system in the world;

(v) Support the reorganization of schools to provide teachers with professional learning and peer collaboration time during the school day by having more teachers in each school, including time primarily:

1. To work in teams of teachers by subject and grade;

2. To work together with other teachers to continuously improve instruction;

3. To review together with other teachers individual student needs, including needs related to behavioral issues, and develop plans to address those needs; and

4. For professional learning for teachers pursuing NBC;

(vi) Develop and support highly competent school leaders that are able to lead high–performing schools due to their:

1. Knowledge of teaching and learning;

2. Experience as teachers, leaders, and mentors of teachers; and

3. Knowledge of and experience with organizing schools so that all students are successful in the global economy; and

(vii) Above all, inspire teachers and school leaders to instill in their students a passion for learning and a mastery of the skills necessary to succeed in the global economy.

(c) Except as provided in this subtitle, the career ladder is subject to collective bargaining in accordance with § 6–408 of this title.

(d) The career ladder shall:

(1) Adequately compensate professional teachers for their work;

(2) Support and encourage teachers working in teams to systematically improve schools and curricula;

(3) Provide teachers with the opportunity to identify and work with students who need extra help, including by providing teachers time during the school day to take on those pursuits; and

(4) Provide teachers with the opportunity to develop their skills and knowledge by participating in job–embedded professional development.

(e) The guiding principles for development of the career ladder are:

(1) Progression of teachers in a manner that incentivizes teachers to stay on the teacher track rather than moving to the administrator track;

(2) A teacher salary that attracts new teachers to the profession;

(3) A teacher salary that incentivizes existing teachers to opt in to the career ladder;

(4) Teacher salary progression as performance increases as demonstrated by a teacher achieving NBC; and

(5) Incentives that are successful in all local school systems.

(f) The levels of the career ladder are as follows:

(1) Level one is a State certified teacher;

(2) Level two is a teacher pursuing:

(i) A master’s degree;

(ii) 30 credits of a program of study approved by the State Board, in consultation with the Professional Standards and Teacher Education Board; or

(iii) NBC;

(3) Level three is:

(i) An NBC teacher;

(ii) If there is no assessment comparable to NBC for the teacher’s subject area, a teacher with a master’s degree in the teacher’s subject area; or

(iii) An assistant principal; and

(4) Level four is:

(i) A teacher on the teacher leadership track, in the following tiers:

1. Lead Teacher;

2. Distinguished Teacher; or

3. Professor Distinguished Teacher; or

(ii) A teacher on the administrator track, in the following tiers:

1. Licensed Principal; or

2. Distinguished Principal.

(g) If a teacher achieves level three or four of the career ladder by being an NBC teacher, the teacher shall maintain an active National Board Certification in order to remain on level three or four of the career ladder, as applicable.

(h) (1) Subject to paragraph (2) of this subsection, teachers at each level or tier of the career ladder shall teach in the classroom for a minimum percentage of their total working time, as specified in this subtitle.

(2) The percentages referenced in paragraph (1) of this subsection shall become effective in phases over a 7–year period beginning July 1, 2028, as specified by a county board on approval of the State Board.

(3) The following teachers shall be given priority for working time outside the classroom as the percentages referenced in paragraph (1) of this subsection are phased in:

(i) Newly licensed teachers, particularly new teachers in low–performing schools or schools that have a high concentration of students living in poverty; and

(ii) Teachers in schools that:

1. Are low–performing;

2. Have a high concentration of students living in poverty; or

3. Have large achievement gaps between subpopulations of students.

(i) The percentage of teachers who are Professor Distinguished Teachers or Distinguished Principals may not be more than 1% of the total number of all teachers.

(j) Teachers in the upper levels of the career ladder shall mentor teachers in the lower levels of the ladder, especially those teachers who teach in schools with high proportions of low–performing students.

(k) Each county board shall strive to place NBC teachers in schools throughout the county and in a manner that supports equity and prioritizes low–performing schools.

(l) A county board may not receive funding from the State for the implementation of the career ladder under § 6–1009 of this subtitle unless the county board implements a career ladder that meets the requirements of this subtitle.
Md. Code, Education § 6-116 — MD Code / Article ged / Title 6 / Subtitle 1 / Section 6-116
§6–116.
Status: in_force

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

(2) “Eligible school” means a public school identified for restructuring under the accountability regulations of the State Board.

(3) “Employer school system” means the local school system where an applicant to the Program is employed at the time of selection as a fellow.

(4) “Fellow” means an individual selected to participate in the Program.

(5) “Program” means the Principal Fellowship and Leadership Development Program.

(6) “Receiving school” means a public school where a fellow is placed.

(7) “Receiving school system” means the local school system in which the public school where a fellow is placed is located.

(b) There is a statewide elementary and secondary education Principal Fellowship and Leadership Development Program in the Department.

(c) (1) The Department shall develop criteria for the selection of:

(i) Fellows; and

(ii) Receiving schools.

(2) Subject to the approval of the State Board, the State Superintendent may require a school system in corrective action to participate in the Program.

(3) A principal in a local school system in the State may not participate in the Program in an eligible school within the same local school system.

(4) (i) A county superintendent may nominate a principal or assistant principal from within the local school system to participate in the Program in an eligible school within a different local school system.

(ii) A county superintendent may not nominate a principal or assistant principal from within the local school system to participate in the Program in an eligible school within the local school system.

(5) The placement of a fellow in an eligible school satisfies the alternative governance requirement of the accountability regulations of the State Board.

(d) (1) A fellow shall receive an annual compensation that consists of:

(i) A salary at the level and step the fellow would have received according to the salary scale of the employer school system; and

(ii) A $20,000 annual stipend.

(2) For each year of the fellow’s placement in a receiving school, the Department shall issue a grant to the receiving school system in an amount that covers:

(i) The annual stipend; and

(ii) If the fellow’s salary at the level and step on the salary scale of the receiving school system as of July 1 is less than that of the level and step on the salary scale of the employer school system, the amount of the difference.

(3) The receiving school system shall reimburse the employer school system for:

(i) The salary of the fellow;

(ii) The annual stipend; and

(iii) The fringe benefit costs associated with the fellow’s annual salary including the stipend.

(e) (1) Each year the State Superintendent shall select from a list of qualified applicants a maximum of 10 fellows and place them in public schools identified for restructuring in accordance with the selection criteria.

(2) Each fellow shall make a commitment to serve for 3 years if selected.

(f) (1) Subject to the approval of both the State Superintendent and the county superintendent, the fellow may select, from among qualified employees of the receiving school system, the assistant principals in the receiving school where the fellow is placed.

(2) In order to address orderly succession in school leadership, the fellow shall, subject to the approval of both the State Superintendent and the county superintendent of the receiving school system, select a qualified employee of the receiving school system, on or before the start of the third year of the fellow’s placement, to serve as the assistant principal in the receiving school who will assume leadership of the school after the fellow’s departure.

(3) Provided that the assistant principal selected under paragraph (2) of this subsection has demonstrated satisfactory performance, the assistant principal shall become the principal of the school after the departure of the fellow.

(g) The Department shall act as a fiscal agent for State funds appropriated under this section.
Md. Code, State Finance and Procurement § 6-105 — MD Code / Article gsf / Title 6 / Subtitle 1 / Section 6-105
§6–105.
Status: in_force

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

(2) “Group” means the Consensus Revenue Monitoring and Forecasting Group established under this section.

(3) (i) “State share of nonwithholding income tax revenues” means the State share of income tax quarterly estimated and final payments with returns made by individuals, as defined in § 10–101 of the Tax – General Article.

(ii) “State share of nonwithholding income tax revenues” does not include:

1. the county share of income tax quarterly estimated and final payments with returns made by individuals;

2. income tax payments made by corporations;

3. income tax refunds paid to individuals or corporations; or

4. income tax withholding.

(b) There is a Consensus Revenue Monitoring and Forecasting Group.

(c) The Group consists of:

(1) the Chief and staff of the Bureau as designated by the Chief;

(2) the Deputy Comptroller with responsibility for tax administration and staff as designated by the Deputy Comptroller with responsibility for tax administration;

(3) staff of the Office of the Treasurer as designated by the Treasurer;

(4) staff of the Department of Budget and Management as designated by the Secretary of Budget and Management;

(5) staff of the Department of Transportation as designated by the Secretary of Transportation; and

(6) staff of the Office of Policy Analysis of the Department of Legislative Services as designated by the Director of the Office.

(d) The Chief shall chair the Group.

(e) The Group and its constituent units shall:

(1) review and analyze attainment of revenues on a monthly basis;

(2) advise and collaborate with the Bureau:

(i) in the development of revenue forecasts and any necessary revisions to those forecasts; and

(ii) in the performance of any pertinent studies or analyses as requested by the Chief or as directed by the Board;

(3) develop and recommend to the Bureau a methodology for determining the State share of nonwithholding income tax revenues for each fiscal year; and

(4) before a new Chief is appointed, review and evaluate candidates for the position.

(f) To assist the Group in performing its function, the Comptroller and the Bureau shall:

(1) within 7 calendar days after the end of each month, provide to members of the Group detailed data on revenue collections;

(2) before any document relating to the work of the Bureau is published, provide a draft of the document to the members of the Group for review and comment; and

(3) at the request of the Group, provide research and analysis of particular issues identified by the Group in the course of its duties.
Md. Code, Business Regulation § 6-304 — MD Code / Article gbr / Title 6 / Subtitle 3 / Section 6-304
§6–304.
Status: in_force

(a) If the Secretary of State finds that an applicant for registration has complied with this title and the regulations adopted under it, the Secretary of State shall approve the application.

(b) If the Secretary of State finds that an applicant for registration has not complied with this title and the regulations adopted under it applicable to registration, the Secretary of State shall notify the applicant of the reasons the applicant is not in compliance.
Md. Code, Estates and Trusts § 6-402 — MD Code / Article get / Title 6 / Subtitle 4 / Section 6-402
§6–402.
Status: in_force

The requirements for the filing of a bond, and all of the other provisions of § 6–102 of this title relating to the bond of a personal representative shall apply equally to a special administrator.
Md. Code, Education § 6-103 — MD Code / Article ged / Title 6 / Subtitle 1 / Section 6-103
§6–103.
Status: in_force

(a) The State Superintendent shall keep a complete record of the academic preparation, professional training, and teaching experience of each applicant to whom a certificate is issued.

(b) The State Superintendent shall keep a complete record of the credentials, certificates, or diplomas on which certificates have been issued or renewed.

(c) The State Superintendent shall keep a complete record and file of:

(1) Each certificate issued; and

(2) Each certificate in force.
Md. Code, Business Regulation § 6-701 — MD Code / Article gbr / Title 6 / Subtitle 7 / Section 6-701
§6–701.
Status: in_force

This title is the Maryland Solicitations Act.
Md. Code, Criminal Law § 6-112 — MD Code / Article gcr / Title 6 / Subtitle 1 / Section 6-112
§6–112.
Status: in_force

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

(2) “Crime of malicious or fraudulent burning” means a violation of § 6–104, § 6–105, or § 6–106 of this subtitle.

(3) “Serious physical injury” has the meaning stated in § 3–201 of this article.

(b) A person may not commit a crime of malicious or fraudulent burning that results in the death of or serious physical injury to a firefighter.

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 10 years.

(d) A sentence imposed under this section may be separate from and consecutive to or concurrent with a sentence imposed for any crime based on the act establishing the violation of this section.
Md. Code, Business Occupations and Professions § 6-306.1 — MD Code / Article gbo / Title 6 / Subtitle 3 / Section 6-306.1
§6–306.
Status: in_force

§6–306.1.

(a) The State Board may use a testing service to administer the examinations given under this title.

(b) If the State Board uses a testing service, the testing service, subject to the requirements set by the State Board, may:

(1) set the time and place of examinations;

(2) give qualified applicants notice of the time and place of examinations; and

(3) furnish any other information that the State Board may require the testing service to provide.
Md. Code, Transportation § 6-308 — MD Code / Article gtr / Title 6 / Subtitle 3 / Section 6-308
§6–308.
Status: in_force

(a) In this section, “cargo handling facilities” includes any one or more or combination of lands, piers, docks, wharves, warehouses, sheds, transit sheds, elevators, compressors, refrigerated storage plants, buildings, structures, and other facilities, appurtenances, and equipment useful or designed for use in connection with the handling, storing, loading, or unloading of freight and any other personal property at marine terminals.

(b) (1) Except as otherwise provided in this subsection, each county retains the right to impose annual taxes on land and improvements on land acquired and developed in the political subdivision by the Administration. The Administration is subject also to all benefit assessments, including any sewer and water charges that may be levied by operation of law.

(2) The right to impose taxes does not apply to any land or improvements acquired from the county, to any cargo handling facilities owned or leased, as lessor or lessee, by the Administration, or to any land used only in conjunction with these cargo handling facilities. From the date any of this property is purchased, erected, constructed, or leased, it is exempt from all property taxes and benefit assessments to their owner, to the Administration, and to the lessees of the Administration.

(3) The right to impose taxes does not apply to the international trade center described in § 6-101(e)(4) of this title, which trade center is exempt from all property taxes and benefit assessments to the Administration.

(c) The Administration and the county may make any agreements:

(1) For the Administration to pay to the county a stated sum in place of any taxes or benefit assessments to which the Administration is subject; or

(2) For voluntary contributions as to tax-exempt property.

(d) (1) Each lease of a cargo handling facility for a term of more than 1 year, including renewal options, that is made between the Administration and a lessee engaged in business for profit shall contain a provision requiring the lessee to pay to the Administration annually, except to the extent that the improvements are taxed to the lessee, a sum of money computed on the basis of the full cash value of the leased land and improvements on it multiplied by the assessment percentage under § 8-103(c)(1) of the Tax - Property Article, multiplied by the current State and local real estate tax rates.

(2) The supervisor of assessments of the county in which the leased land is located shall cooperate with the Administration in establishing the full cash value of the leased land and improvements on it.

(e) The Administration may not acquire on a lease-back basis any land or improvement on it without the prior consent of the political subdivision in which the land or improvements are located.

(f) This section does not affect any agreement made before June 1, 1966, between the Administration and any county as to tax exemptions or payments in place of taxes or benefit assessments.
Md. Code, Election Law § 6-203 — MD Code / Article gel / Title 6 / Subtitle 2 / Section 6-203
§6–203.
Status: in_force

(a) To sign a petition, an individual shall:

(1) sign the individual’s name as it appears on the statewide voter registration list or the individual’s surname of registration and at least one full given name and the initials of any other names; and

(2) include the following information, printed or typed, in the spaces provided:

(i) the signer’s name as it was signed;

(ii) the signer’s address;

(iii) the date of signing; and

(iv) other information required by regulations adopted by the State Board.

(b) The signature of an individual shall be validated and counted if:

(1) the requirements of subsection (a) of this section have been satisfied;

(2) the individual is a registered voter assigned to the county specified on the signature page and, if applicable, in a particular geographic area of the county;

(3) the individual has not previously signed the same petition;

(4) the signature is attested by an affidavit appearing on the page on which the signature appears;

(5) the date accompanying the signature is not later than the date of the affidavit on the page; and

(6) if applicable, the signature was affixed within the requisite period of time, as specified by law.

(c) (1) A signature may be removed:

(i) by the signer upon written application to the election authority with which the petition will be filed if the application is received by the election authority prior to the filing of that signature; or

(ii) prior to the filing of that signature, by the circulator who attested to that signature or by the sponsor of the petition, if it is concluded that the signature does not satisfy the requirements of this title.

(2) A signature removed pursuant to paragraph (1)(ii) of this subsection may not be included in the number of signatures stated on the information page included in the petition.
Md. Code, Transportation § 6-402 — MD Code / Article gtr / Title 6 / Subtitle 4 / Section 6-402
§6–402.
Status: in_force

(a) (1) If the Administration and Baltimore City cannot agree on the terms, conditions, and price for any of the property described in § 6-401 of this subtitle, the matter shall be referred to an arbitration board.

(2) The arbitration board shall consist of three members appointed as follows:

(i) One by the Administration;

(ii) One by the Board of Estimates of Baltimore City; and

(iii) One jointly by the two members already appointed.

(3) If, within 15 days after the appointment of the second arbitrator, a third arbitrator has not been appointed, the Governor shall appoint the third arbitrator.

(4) If the party seeking arbitration appoints its arbitrator and gives written notice of this appointment to the other party, the other party shall appoint its arbitrator within 30 days after the receipt of the notice. If the other party refuses or neglects to appoint its arbitrator within the 30-day period, the arbitrator appointed by the party seeking arbitration may review the entire matter in controversy as if that individual were an arbitrator appointed by both parties for that purpose.

(b) (1) If only one arbitrator is appointed under subsection (a) of this section, the decision of that arbitrator:

(i) Shall be made within 90 days after the Administration or the Board of Estimates, as the case may be, refuses or neglects to appoint its arbitrator;

(ii) Shall be reported in writing to both parties; and

(iii) Is final and binding on both parties.

(2) If three arbitrators are appointed under subsection (a) of this section, the decision of the majority of them:

(i) Shall be made within 90 days after the first two arbitrators are appointed or within any additional period not exceeding 30 days as may be agreed to by the Administration and the Board of Estimates in writing;

(ii) Shall be reported in writing to both parties; and

(iii) Is final and binding on both parties.

(c) The arbitration board or, if only one arbitrator is appointed, the arbitrator may, among other things:

(1) Require that each party to the controversy submit a written statement of its contention to the board and send a copy of the statement to the other party;

(2) Make investigations, inspections, and examinations;

(3) Take, receive, and keep a permanent record of testimony and other evidence;

(4) Hold hearings after notice to the parties in interest; and

(5) Adopt rules and regulations for the conduct of the arbitration proceedings.

(d) Each party shall pay 50 percent of the arbitration expenses.
Md. Code, Agriculture § 6-309 — MD Code / Article gag / Title 6 / Subtitle 3 / Section 6-309
§6–309.
Status: in_force

In addition to any penalty provided by this article, the Secretary may revoke the registration if the registrant gives false information in its statements concerning the kind, quality composition, or fineness of materials distributed under the provisions of this subtitle.
Md. Code, Correctional Services § 6-115 — MD Code / Article gcs / Title 6 / Subtitle 1 / Section 6-115
§6–115.
Status: in_force

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

(2) “Program fee” means any fee the Division assesses on a supervisee the Division places in the Drinking Driver Monitor Program.

(3) “Supervisee” means a person that the court places under the supervision of the Division.

(4) “Supervision fee” means the fee the court orders under § 6–226 of the Criminal Procedure Article.

(b) All supervisees placed in the Drinking Driver Monitor Program by the Division shall be:

(1) subject to a monthly supervision fee in accordance with § 6–226 of the Criminal Procedure Article; and

(2) assessed a monthly Program fee of $75 by the Division.

(c) (1) The Program fee imposed under this section shall be paid to the Division by all supervisees in the Drinking Driver Monitor Program.

(2) The Division shall pay the Program fees collected under this section into the Drinking Driver Monitor Program Fund.

(d) Notwithstanding subsections (b) and (c) of this section, the Division may exempt a supervisee as a whole or in part from the Program fee imposed under this section if:

(1) the supervisee has diligently tried but has been unable to obtain employment that provides sufficient income for the supervisee to pay the fee;

(2) (i) the supervisee is a student in a school, college, or university or is enrolled in a course of vocational or technical training designed to prepare the student for gainful employment; and

(ii) certification of student status is supplied to the Division by the institution in which the supervisee is enrolled;

(3) the supervisee has a handicap limiting employment, as determined by a physical or psychological examination accepted by the Division;

(4) the supervisee is responsible for the support of dependents and the payment of the fee is an undue hardship on the supervisee; or

(5) other extenuating circumstances exist.
Md. Code, Estates and Trusts § 6-202 — MD Code / Article get / Title 6 / Subtitle 2 / Section 6-202
§6–202.
Status: in_force

A successor personal representative has the same powers and duties to complete the administration and distribution of the estate as the original personal representative, including the powers granted in the will, but excluding any power expressly made personal to the executor named in the will.
Md. Code, Environment § 6-1308 — MD Code / Article gen / Title 6 / Subtitle 13 / Section 6-1308
§6–1308.
Status: in_force

(a) In addition to any other penalty provided by law, the Comptroller may assess against a person who violates § 6–1304(e) of this subtitle a fine not exceeding $1,000 for each violation, up to a maximum of $50,000.

(b) A fine assessed under subsection (a) of this section may not be assessed until the person who committed the violation has been issued three warnings regarding the violation.

(c) Each day on which a violation occurs or continues is a separate violation under this section.

(d) At the end of each quarter, the Comptroller shall distribute all fines assessed under this section to the Lead Poisoning Prevention Fund in a manner determined by the Department and the Comptroller.
Md. Code, Real Property § 6-104 — MD Code / Article grp / Title 6 / Subtitle 1 / Section 6-104
§6–104.
Status: reserved

A possibility of reverter or right of entry for condition broken may be transferred in the same manner as any other interest in property.
Md. Code, Housing and Community Development § 6-104 — MD Code / Article ghs / Title 6 / Subtitle 1 / Section 6-104
§6–104.
Status: in_force

(a) (1) The General Assembly finds that the State must have sustainable communities in order to:

(i) preserve and protect the State’s natural resources; and

(ii) achieve the State’s economic growth, resource protection, and planning policy in § 5–7A–01 of the State Finance and Procurement Article.

(2) The General Assembly finds that sustainable communities are places where public and private investments and partnerships achieve:

(i) development of a healthy local economy;

(ii) protection and appreciation of historic and cultural resources;

(iii) a mix of land uses;

(iv) affordable and sustainable housing and job options; and

(v) growth and development practices that protect the environment and conserve air, water, and energy resources, encourage walkability and recreational opportunities, and, where available, create access to transit.

(b) It is the intent of the General Assembly that the community legacy and neighborhood business development programs:

(1) be used to create, enhance, support, and revitalize sustainable communities across the State; and

(2) be coordinated with other State programs, such as the Sustainable Communities Tax Credit Program established under Title 5A, Subtitle 3 of the State Finance and Procurement Article, in order to maximize the State’s investment in sustainable communities.
Md. Code, Agriculture § 6-114 — MD Code / Article gag / Title 6 / Subtitle 1 / Section 6-114
§6–114.
Status: in_force

In any prosecution under this subtitle relating to the composition of commercial feed, a certified copy of the official analysis signed by the Secretary or the State Chemist is prima facie evidence of the composition.
Md. Code, Business Regulation § 6-204 — MD Code / Article gbr / Title 6 / Subtitle 2 / Section 6-204
§6–204.
Status: in_force

The Secretary of State shall adopt regulations to carry out this title.
Md. Code, Financial Institutions § 6-320 — MD Code / Article gfi / Title 6 / Subtitle 3 / Section 6-320
§6–320.
Status: in_force

(a) (1) The board may amend the articles of incorporation only if the members approve the amendment.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, the board may amend the bylaws without approval of the members.

(ii) The board may amend the bylaws only with the approval of the members for any amendment that addresses one of the following subjects:

1. The manner or method by which a meeting of the members can be convened;

2. Quorum requirements for a meeting of the members;

3. The voting rights of members;

4. Except as provided in § 6-303(b) of this subtitle, any change in the field of membership;

5. Requirements for the number, classifications, qualifications, and term of office for directors;

6. Procedures for removing directors;

7. Procedures for filling vacancies on the board; and

8. Any other issue as determined by the Commissioner.

(b) At any meeting of the members, the members may amend the articles of incorporation or, may approve an amendment to the bylaws as provided in subsection (a)(2)(ii) of this section, if:

(1) The notice of the meeting specifies the amendment to be considered; and

(2) Two-thirds of the members present vote for the amendment.

(c) (1) An amendment to the articles of incorporation does not become effective until:

(i) The amendment is approved by the Commissioner in writing no later than 60 days after the date of submission of the proposed amendment, unless the Commissioner and the credit union agree to a longer period of time; and

(ii) A copy of the amendment certified by the Commissioner is filed with the State Department of Assessments and Taxation.

(2) Whether approved only by the board or by the members as required under subsection (a)(2)(ii) of this section, an amendment to the bylaws does not become effective until the amendment is approved by the Commissioner in writing no later than 60 days after the date of submission of the proposed amendment, unless the Commissioner and the credit union agree to a longer period of time.

(d) The action of the Commissioner on the proposed amendment to the articles of incorporation or the bylaws under subsection (c)(1)(i) or (2) of this section shall be based on a finding as to whether or not the proposed amendment:

(1) Is in the best interest of the membership;

(2) Provides means for better service to the membership;

(3) Is in accord with sound credit union practices; and

(4) Exposes the members’ funds to unnecessary risk.

(e) The board shall report an amendment to the members of the credit union no later than the next meeting of the members after the Commissioner approves the amendment.
Md. Code, Education § 6-125 — MD Code / Article ged / Title 6 / Subtitle 1 / Section 6-125
§6–125.
Status: in_force

(a) (1) The Department shall determine whether the Basic Literacy Skills test approved for initial teacher certification is sufficiently rigorous.

(2) If the Department determines the Basic Literacy Skills test is insufficient under paragraph (1) of this subsection, the Department shall develop a new literacy examination of sufficient rigor.

(3) The Department may not limit the number of times an individual may take the literacy examination developed under this subsection in order to pass.

(b) (1) (i) Beginning after the implementation of the literacy examination under subsection (a) of this section, the Department shall develop and administer challenging, subject–specific examinations tailored to the subjects and grade level at which teachers will teach.

(ii) Subject–specific examinations shall be rigorous, as defined by the Department.

(iii) The Department may not limit the number of times an individual may take a subject–specific examination to pass the examination.

(2) Before a subject–specific examination developed under paragraph (1) of this subsection is administered, the Department shall develop standards for the subject–specific examination and submit the standards to each Department–approved teacher preparation program 1 year before the first year in which the examination is expected to be administered.

(3) A teacher preparation program with standards for a subject–specific examination developed by the Department under paragraph (2) of this subsection shall incorporate the standards into the curriculum of the teacher preparation program in a timely manner.
Md. Code, Education § 6-707 — MD Code / Article ged / Title 6 / Subtitle 7 / Section 6-707
§6–707.
Status: in_force

(a) (1) From among its members, the Board shall appoint a Review Board.

(2) The Review Board consists of five members which shall be composed of:

(i) The State Superintendent;

(ii) The local board of education member;

(iii) Two of the public school teacher members; and

(iv) One of the teacher education faculty members.

(3) One member of the Review Board shall be appointed to act as a liaison between the Board and the Review Board.

(b) (1) The term of a member of the Review Board is 1 year.

(2) Upon the recommendation of the State Superintendent, a member of the Review Board may be reappointed once.

(3) The term of office shall be from September 1 of the calendar year in which the appointment is made.
Md. Code, Tax - Property § 6-305 — MD Code / Article gtp / Title 6 / Subtitle 3 / Section 6-305
§6–305.
Status: in_force

(a) In this section, “tax setoff” means:

(1) the difference between the general county property tax rate and the property tax rate that is set for assessments of property in a municipal corporation; or

(2) a payment to a municipal corporation to aid the municipal corporation in funding services or programs that are similar to county services or programs.

(b) This section applies only in:

(1) Allegany County;

(2) Anne Arundel County;

(3) Baltimore County;

(4) Garrett County;

(5) Harford County;

(6) Howard County;

(7) Montgomery County; and

(8) Prince George’s County.

(c) The governing body of the county shall meet and discuss with the governing body of any municipal corporation in the county the county property tax rate to be set for assessments of property in the municipal corporation as provided in this section. After the meeting if it can be demonstrated that a municipal corporation performs services or programs instead of similar county services or programs, the governing body of the county shall grant a tax setoff to the municipal corporation.

(d) In determining the county property tax rate to be set for assessments of property in a municipal corporation, the governing body of the county shall consider:

(1) the services and programs that are performed by the municipal corporation instead of similar county services and programs; and

(2) the extent that the similar services and programs are funded by property tax revenues.

(e) The county property tax rate for assessments of property located in a municipal corporation is not required to be:

(1) the same as the rate for property located in other municipal corporations in the county; or

(2) the same as the rate set in a prior year.

(f) (1) At least 180 days before the date that the annual county budget is required to be approved, any municipal corporation in the county that desires that a tax setoff be provided shall submit to the county a proposal that states the desired level of property tax setoff for the next fiscal year.

(2) (i) A request submitted under paragraph (1) of this subsection shall be accompanied by:

1. a description of the scope and nature of the services or programs provided by the municipal corporation instead of similar services or programs provided by the county; and

2. financial records and other documentation regarding municipal revenues and expenditures.

(ii) The materials submitted under subparagraph (i) of this paragraph shall provide sufficient detail for an assessment of the similar services or programs.

(3) After receiving a proposal from a municipal corporation requesting a tax setoff under this subsection, the governing body of the county shall promptly submit to the municipal corporation financial records and other documentation regarding county revenues and expenditures.

(g) (1) At least 90 days before the date that the annual county budget is required to be approved, the county and any municipal corporation submitting a tax setoff request under subsection (f) of this section shall designate appropriate policy and fiscal officers or representatives to meet and discuss the nature of the tax setoff request, relevant financial information of the county and municipal corporation, and the scope and nature of services provided by both entities.

(2) A meeting held under paragraph (1) of this subsection may be held by the county representatives jointly with representatives from more than one municipal corporation.

(3) (i) The county officers or representatives may request from the municipal corporation officers or representatives additional information that may reasonably be needed to assess the tax setoff.

(ii) The municipal corporation officers or representatives shall provide the additional information expeditiously.

(h) (1) At or before the time the proposed county budget is released to the public, the county commissioners, the county executive of a charter county, or the county council of a charter county without a county executive shall submit a statement of intent to each municipal corporation that has requested a tax setoff.

(2) The statement of intent shall contain:

(i) an explanation of the level of the proposed tax setoff;

(ii) a description of the information or process used to determine the level of the proposed tax setoff; and

(iii) an indication that, before the budget is enacted, appropriate officials or representatives of the municipal corporation are entitled to appear before the county governing body to discuss or contest the level of the proposed tax setoff.

(i) Representatives of each municipal corporation in the county requesting a tax setoff shall be afforded an opportunity to testify before the county governing body during normally scheduled hearings on the county’s proposed budget.

(j) Notwithstanding the provisions of subsections (d), (f), and (g) of this section:

(1) a county and one or more municipal corporations may enter into an agreement setting different terms or timing for negotiations, calculations, or approval of a tax setoff; and

(2) a county may grant a tax setoff to a municipal corporation that does not make a request in the fashion described in this section.

(k) (1) On or before October 31 each year, the governing body of Prince George’s County shall complete a report that includes:

(i) the amount of the tax setoff granted to each municipal corporation in the current fiscal year;

(ii) in the form provided by each municipal corporation, a detailed description of the scope and nature of the individual services or programs provided by each municipal corporation instead of similar services or programs provided by the county; and

(iii) a detailed description of the methodology used by the county to determine the amount of the tax setoffs, including any formulas.

(2) Notwithstanding any other provision of law, the report required under this subsection shall be:

(i) available to municipal corporations in Prince George’s County on request; and

(ii) submitted to the Prince George’s County House Delegation and the Prince George’s County Senators.
Md. Code, Environment § 6-1101 — MD Code / Article gen / Title 6 / Subtitle 11 / Section 6-1101
§6–1101.
Status: in_force

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

(b) “Cell” means a galvanic or voltaic device weighing 25 pounds or less consisting of an enclosed or sealed container which contains a positive and a negative electrode consisting primarily of cadmium or lead, and which contains a gel or liquid starved electrolyte.

(c) “Cell manufacturer” means a person who:

(1) Manufactures cells in the United States; or

(2) Imports into the United States cells or units for which no unit management program has been put into effect by the actual manufacturer of the cell or unit.

(d) “Easily removed”, with respect to a rechargeable battery which powers a rechargeable product, means removable by hand or by using common household tools.

(e) “Institutional user” means a person conducting medical, commercial, industrial, governmental, or similar operations.

(f) (1) “Marketer” means a person who manufactures, assembles, sells, distributes, affixes a brand name or private label to, or licenses the use of a brand name on a unit or product with an easily removable rechargeable battery.

(2) Except for a person who affixes a brand name or private label to a unit or to a product with an easily removable rechargeable battery, “marketer” does not include a person engaged in the retail sale of a unit or of a rechargeable product.

(g) “Nonremovable”, with respect to a rechargeable battery which powers a rechargeable product, means not easily removed.

(h) (1) “Rechargeable battery” means any type of enclosed device or sealed container which consists of one or more cells and which weighs 25 pounds or less.

(2) “Rechargeable battery” does not include a battery used as a power source for starting a motor vehicle.

(i) “Rechargeable product” means a device for which the primary power source is a nonremovable rechargeable battery.

(j) “Responsible entity” means a person designated in a unit management program, or in the absence of a unit management program, the marketer whose name appears on a unit.

(k) “Sell” means to sell, offer for sale, or offer for promotional purposes a unit or a product with an easily removable rechargeable battery.

(l) “Unit” means a cell, a rechargeable battery, or a rechargeable product.

(m) “Unit management program” means a program or system for the collection, recycling, or disposal of units put in place by a marketer under § 6-1107 of this subtitle.
Md. Code, Education § 6-603 — MD Code / Article ged / Title 6 / Subtitle 6 / Section 6-603
§6–603.
Status: in_force

(a) A copy of each contract made on behalf of this State under the Agreement shall be kept on file in the offices of the State Superintendent and the Secretary of State.

(b) The State Superintendent shall publish each contract in convenient form.
Md. Code, Public Utilities § 6-206 — MD Code / Article gpu / Title 6 / Subtitle 2 / Section 6-206
§6–206.
Status: in_force

(a) A public service company shall file its annual report with the Commission within the time the Commission sets after the end of the year that the report covers.

(b) (1) The Commission shall provide each public service company with a blank form of an annual report in time to allow the public service company to comply with subsection (a) of this section.

(2) Unless the Commission notifies a public service company of a proposed change at least 6 months before the start of the year for which an annual report is due, the Commission may not change the form of the annual report in a way that requires the public service company to change the manner or form of its record keeping.
Md. Code, Criminal Procedure § 6-209 — MD Code / Article gcp / Title 6 / Subtitle 2 / Section 6-209
§6–209.
Status: in_force

(a) The Commission shall review annually sentencing policy and practice and, on or before January 31 of each year, report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on the activities of the preceding calendar year.

(b) (1) The report shall:

(i) include any changes to the sentencing guidelines made during the preceding year;

(ii) review judicial compliance with the sentencing guidelines, including compliance by crime and by judicial circuit;

(iii) review reductions or increases in original sentences that have occurred because of reconsiderations of sentences imposed under § 14–101 of the Criminal Law Article; and

(iv) categorize information on the number of reconsiderations of sentences by crimes as listed in § 14–101(a) of the Criminal Law Article and by judicial circuit.

(2) The Commission shall consider a sentence to a corrections options program to be within the sentencing guidelines if the sentence falls within a corrections options zone shown on the matrix.
Md. Code, Environment § 6-1306 — MD Code / Article gen / Title 6 / Subtitle 13 / Section 6-1306
§6–1306.
Status: in_force

Within 24 hours after a person determines that the person has manufactured, sold, offered for sale, imported, or distributed a children’s product in violation of § 6–1303 of this subtitle, the person shall submit a report to the Department in a form required by the Department.
Md. Code, Criminal Procedure § 6-220 — MD Code / Article gcp / Title 6 / Subtitle 2 / Section 6-220
§6–220.
Status: in_force

(a) In this section, “custodial confinement” means:

(1) home detention;

(2) a corrections options program established under law which requires the individual to participate in home detention, inpatient treatment, or other similar program involving terms and conditions that constitute the equivalent of confinement; or

(3) inpatient drug or alcohol treatment.

(b) When a defendant pleads guilty or nolo contendere or is found guilty of a crime, a court may stay the entering of judgment, defer further proceedings, and place the defendant on probation before judgment subject to reasonable conditions if:

(1) the court finds that the best interests of the defendant and the public welfare would be served; and

(2) the defendant gives written consent after determination of guilt or acceptance of a nolo contendere plea.

(c) (1) When a defendant pleads not guilty, the defendant may, with the consent of the State, enter into an agreement with the State under this subsection and the court may find facts justifying a finding of guilt beyond a reasonable doubt, defer entry of a conviction, and place the defendant on probation before judgment subject to reasonable conditions only if:

(i) the court finds that the best interests of the defendant and the public welfare would be served; and

(ii) the defendant consents in writing to the probation before judgment.

(2) If the defendant violates the terms of an agreement under paragraph (1) of this subsection, the court may enter a finding of guilt and impose a sentence.

(3) An agreement under paragraph (1) of this subsection shall provide that:

(i) the defendant does not admit to the facts offered by the State and pleads not guilty;

(ii) the defendant accepts probation in exchange for the court expressly withholding a finding of guilt;

(iii) the defendant knowingly and voluntarily waives:

1. the right to a trial; and

2. the right to appeal the probation agreement;

(iv) if the court finds that the defendant has violated the terms of the probation agreement:

1. the court may find the defendant guilty of the underlying crime as a result of the violation; and

2. on a finding of guilt, the court may sentence the defendant up to the maximum penalty for the underlying crime; and

(v) the defendant agrees to the provisions of items (i) through (iv) of this paragraph and the terms and conditions of probation ordered by the court.

(4) After an agreement made in accordance with this subsection is placed on the record, the court shall make a finding that there are sufficient facts to support a finding of the defendant’s guilt but that the court does not do so and instead defers judgment and imposes probation before judgment.

(5) The consent of a defendant to and the receipt by the defendant of a disposition under this paragraph shall be considered a probation before judgment for all other purposes under State law.

(d) (1) Subject to paragraphs (2) and (3) of this subsection, the conditions of probation before judgment may include an order that the defendant:

(i) pay a fine or monetary penalty to the State or make restitution; or

(ii) participate in a rehabilitation program, the parks program, or a voluntary hospital program.

(2) Before the court orders a fine, monetary penalty, or restitution, the defendant is entitled to notice and a hearing to determine the amount of the fine, monetary penalty, or restitution, what payment will be required, and how payment will be made.

(3) Any fine or monetary penalty imposed as a condition of probation before judgment shall be within the amount set by law for a violation resulting in conviction.

(4) As a condition of probation before judgment, the court may order a person to a term of custodial confinement or imprisonment.

(e) (1) When the crime for which the judgment is being stayed is for a violation of § 21–902 of the Transportation Article or § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of the Criminal Law Article, the court:

(i) before imposing a period of probation, may order the Maryland Department of Health to evaluate the defendant in accordance with § 8–505 of the Health – General Article;

(ii) if an evaluation was ordered under item (i) of this paragraph, shall review the evaluation before imposing a period of probation; and

(iii) shall impose a period of probation and, as a condition of the probation:

1. shall require the defendant to participate in an alcohol or drug treatment or education program approved by the Maryland Department of Health, unless the court finds and states on the record that the interests of the defendant and the public do not require the imposition of this condition; and

2. may prohibit the defendant from operating a motor vehicle unless the motor vehicle is equipped with an ignition interlock system under § 21–902.2 of the Transportation Article.

(2) When the crime for which the judgment is being stayed is for a violation of any provision of Title 5 of the Criminal Law Article, the court shall impose a period of probation and, as a condition of probation before judgment, require the defendant to participate in a drug treatment or education program approved by the Maryland Department of Health, unless the court finds and states on the record that the interests of the defendant and the public do not require the imposition of this condition.

(f) Notwithstanding subsections (b) and (c) of this section, a court may not stay the entering of judgment and place a defendant on probation before judgment for:

(1) a violation of § 21–902 of the Transportation Article or § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of the Criminal Law Article, if within the preceding 10 years the defendant has been convicted under § 21–902 of the Transportation Article or § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of the Criminal Law Article, or has been placed on probation before judgment in accordance with this section, after being charged with a violation of § 21–902 of the Transportation Article or § 2–503, § 2–504, § 2–505, § 2–506, or § 3–211 of the Criminal Law Article;

(2) a second or subsequent controlled dangerous substance crime under Title 5 of the Criminal Law Article, except that the court may stay the entering of judgment and place a defendant on probation before judgment for possession of a controlled dangerous substance under § 5–601 of the Criminal Law Article if:

(i) the defendant has been convicted once previously of or received probation before judgment once previously for possession of a controlled dangerous substance under § 5–601 of the Criminal Law Article;

(ii) the court requires the defendant to graduate from drug court or successfully complete a substance abuse treatment program as a condition of probation; and

(iii) the defendant graduates from drug court or successfully completes a substance abuse treatment program as required;

(3) a violation of any of the provisions of §§ 3–303 through 3–307, § 3–309, § 3–310, § 3–315, or § 3–602 of the Criminal Law Article for a crime involving a person under the age of 16 years; or

(4) a moving violation, as defined in § 11–136.1 of the Transportation Article, if:

(i) the defendant holds a provisional license under § 16–111 of the Transportation Article; and

(ii) the defendant has previously been placed on probation under this section for the commission of a moving violation while the defendant held a provisional license.

(g) (1) By consenting to and receiving a stay of entering of the judgment as provided by subsections (b) and (c) of this section, the defendant waives the right to appeal at any time from the judgment of guilt.

(2) Before granting a stay, the court shall notify the defendant of the consequences of consenting to and receiving a stay of entry of judgment under paragraph (1) of this subsection.

(h) On violation of a condition of probation before judgment, the court may enter judgment and proceed as if the defendant had not been placed on probation.

(i) (1) On fulfillment of the conditions of probation before judgment, the court shall discharge the defendant from probation.

(2) The discharge is a final disposition of the matter.

(3) Discharge of a defendant under this section shall be without judgment of conviction and is not a conviction for the purpose of any disqualification or disability imposed by law because of conviction of a crime.

(j) If an individual violates the terms of probation, any time served by the individual in custodial confinement shall be credited against any sentence of incarceration imposed by the court.
Md. Code, Correctional Services § 6-207 — MD Code / Article gcs / Title 6 / Subtitle 2 / Section 6-207
§6–207.
Status: in_force

Article VI. Organization and Operation of the Interstate Commission.

(a) The Interstate Commission shall, by a majority of the members, within 12 months of the first Interstate Commission meeting, adopt bylaws to govern its conduct as may be necessary or appropriate to carry out the purposes of the Compact, including, but not limited to:

(1) Establishing the fiscal year of the Interstate Commission;

(2) Establishing an Executive Committee and such other committees as may be necessary;

(3) Providing reasonable standards and procedures:

(i) For the establishment of committees; and

(ii) Governing any general or specific delegation of any authority or function of the Interstate Commission;

(4) Providing reasonable procedures for calling and conducting meetings of the Interstate Commission, and ensuring reasonable notice of each such meeting;

(5) Establishing the titles and responsibilities of the officers of the Interstate Commission;

(6) Providing reasonable standards and procedures for the establishment of the personnel policies and programs of the Interstate Commission;

(7) Providing a mechanism for winding up the operations of the Interstate Commission and the equitable return of any surplus funds that may exist upon the termination of the Compact after the payment and/or reserving of all of its debts and obligations;

(8) Providing transition rules for “start up” administration of the Compact; and

(9) Establishing standards and procedures for compliance and technical assistance in carrying out the Compact.

(b) Notwithstanding any civil service or other similar laws of any compacting state, the bylaws shall exclusively govern the personnel policies and programs of the Interstate Commission.

(c) (1) The Interstate Commission shall, by a majority of the members, elect from among its members a chairperson and a vice chairperson, each of whom shall have such authorities and duties as may be specified in the bylaws. The chairperson or, in the chairperson’s absence or disability, the vice chairperson, shall preside at all meetings of the Interstate Commission.

(2) The officers so elected shall serve without compensation or remuneration from the Interstate Commission; provided that, subject to the availability of budgeted funds, the officers shall be reimbursed for any actual and necessary costs and expenses incurred by them in the performance of their duties and responsibilities as officers of the Interstate Commission.

(3) The Interstate Commission shall, through its Executive Committee, appoint or retain an Executive Director for such period, upon such terms and conditions and for such compensation as the Interstate Commission may deem appropriate. The Executive Director shall serve as secretary to the Interstate Commission, and hire and supervise such other staff as may be authorized by the Interstate Commission, but shall not be a member.

(d) The Interstate Commission shall maintain its corporate books and records in accordance with the bylaws.

(e) (1) The members, officers, Executive Director, and employees of the Interstate Commission shall be immune from suit and liability, either personally or in their official capacity, for any claim for damage to or loss of property or personal injury or other civil liability caused or arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that nothing in this paragraph shall be construed to protect any such person from suit and/or liability for any damage, loss, injury, or liability caused by the intentional or willful and wanton misconduct of any such person.

(2) The Interstate Commission shall defend the commissioner of a compacting state, the commissioner’s representatives or employees, or the Interstate Commission’s representatives or employees in any civil action seeking to impose liability, arising out of any actual or alleged act, error or omission that occurred within the scope of Interstate Commission employment, duties or responsibilities, or that the defendant had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties or responsibilities; provided, that the actual or alleged act, error or omission did not result from intentional wrongdoing on the part of such person.

(3) The Interstate Commission shall indemnify and hold the commissioner of a compacting state, the appointed designee or employees, or the Interstate Commission’s representatives or employees, harmless in the amount of any settlement or judgment obtained against such persons arising out of any actual or alleged act, error, or omission that occurred within the scope of Interstate Commission employment, duties, or responsibilities, or that such persons had a reasonable basis for believing occurred within the scope of Interstate Commission employment, duties, or responsibilities, provided that the actual or alleged act, error, or omission did not result from gross negligence or intentional wrongdoing on the part of such person.
Md. Code, Agriculture § 6-116 — MD Code / Article gag / Title 6 / Subtitle 1 / Section 6-116
§6–116.
Status: in_force

The Secretary may petition the court to grant a temporary or permanent injunction restraining any person from violating or continuing to violate any provision of this subtitle or any rule or regulation adopted under it, notwithstanding the existence of any other remedy at law. The injunction shall be issued without bond.
Md. Code, Correctional Services § 6-108 — MD Code / Article gcs / Title 6 / Subtitle 1 / Section 6-108
§6–108.
Status: in_force

(a) With the Secretary’s approval, the Director may establish a home detention program under which an offender may live in a private dwelling that the Director approves.

(b) An offender in the program shall be supervised by means of:

(1) electronic devices; and

(2) direct contact by employees of the Division.

(c) An offender is not eligible for the program if a violation of a condition of parole or mandatory supervision is based on the commission of a crime of violence.

(d) While in the program, an offender must remain in the offender’s approved dwelling except:

(1) with the approval of the Director, to go directly to and from:

(i) the offender’s approved place of employment;

(ii) a medical or mental health treatment facility; or

(iii) offices of the Department;

(2) as required by legitimate medical or other emergencies; or

(3) as otherwise allowed or directed by the Director.

(e) (1) An offender in the program is responsible for all of the offender’s living expenses, including those for food, clothing, medical care, shelter, and utilities.

(2) Unless otherwise allowed by the Commission, as a condition of participation in the program, an offender shall make any court ordered payments for the support of dependents.

(f) (1) After determining the amount of reasonable payments necessary to satisfy court ordered restitution, fines, court costs, and other fees that are legally collectible, the Division shall establish a reasonable fee for the cost of electronic monitoring and, except as provided in paragraph (2) of this subsection, collect the fee from each offender in the program.

(2) If the Division determines that an offender cannot afford to pay the fee established under paragraph (1) of this subsection, the Division may exempt the offender wholly or partly from the fee.

(g) An offender in the program is not an agent or employee of the Division.

(h) The Director shall employ parole and probation employees to supervise offenders in the program.

(i) The Commission may remove an offender from the program at any time and for any reason.

(j) (1) With the Secretary’s approval, the Director shall adopt regulations to implement the program.

(2) Notwithstanding § 10–101(g)(2)(i) of the State Government Article, the regulations shall be adopted in accordance with the requirements of Title 10, Subtitle 1 of the State Government Article.