reglab/statecodes huggingface dataset:
2023 Maryland Statutes › Criminal Procedure › Title 16 - Office of the Public Defender › Subtitle 2 - Office of the Public Defender › Section 16-207 - Duties and Powers of Public Defender

(a)    The primary duty of the Public Defender is to provide representation for indigent individuals in accordance with this title.
(b)    The Public Defender shall:
(1)    be responsible generally for the operation of the Office and all district offices;
(2)    prepare schedules of professional fees and expenses for panel attorneys and other professional and technical services rendered to indigent individuals other than by the Public Defender’s staff, taking into consideration the nature of the services, the time spent, the skill or experience required, and any other pertinent factor;
(3)    consult and cooperate with professional groups about the causes of criminal conduct and the development of effective means to:
(i)    reduce and discourage the commission of crime;
(ii)    rehabilitate and correct individuals charged and convicted of crime;
(iii)    administer criminal justice; and
(iv)    administer and conduct the Office; and
(4)    maintain financial and statistical records about each case in which the Office provides legal assistance to an indigent individual, including data to calculate all direct and indirect costs to the Office.
(c)    The Public Defender may:
(1)    adopt regulations to carry out the purposes of this title and promote the efficient conduct of the work and general administration of the Office, its professional staff, and other employees;
(2)    make necessary arrangements to coordinate services of the Office with any federal program to provide an attorney to indigent individuals;
(3)    arrange for the Office to receive money or services available to assist in the duties under this title; and
(4)    accept the services of volunteer workers or consultants at no compensation or at nominal or token compensation and reimburse them for their necessary expenses.
(d)    (1)    Subject to paragraph (2) of this subsection, in Baltimore City, the Public Defender may contract with private or public organizations to provide legal, administrative, or technical services for indigent individuals.
(2)    A contract shall require that:
(i)    the level and quality of the work at least equal that of the Office; and
(ii)    the Public Defender supervise and control all services rendered.
2023 Maryland Statutes › Criminal Procedure › Title 16 - Office of the Public Defender › Subtitle 2 - Office of the Public Defender › Section 16-208 - Panel Attorneys

(a)    (1)    Subject to the authority and supervision of the Public Defender, each district public defender shall maintain a confidential list of private attorneys available to be appointed as attorneys for indigent individuals eligible for representation under this title.
(2)    Each attorney on the list shall be:
(i)    admitted to practice law in the State; and
(ii)    placed on various panels in accordance with qualification criteria that the Public Defender sets forth, based on:
1.    the nature and complexity of the offense requiring representation;
2.    the trial or appellate experience of the attorney; and
3.    any other factor necessary to ensure competent representation.
(b)    (1)    Except in cases in which an attorney in the Office provides representation, the district public defender, subject to the supervision of the Public Defender, shall appoint an attorney from an appropriate panel to represent an indigent individual.
(2)    Panel attorneys shall be used as much as practicable.
(c)    (1)    The primary duty of a panel attorney is to the indigent individual represented by the panel attorney with the same effect and purpose as though privately engaged by that individual and without regard to the use of public funds to provide the service.
(2)    A panel attorney shall report to the Office as the regulations of the Public Defender require.
(3)    This subsection does not preclude the designation or assignment of different individuals to perform various parts of the service.
(d)    (1)    A panel attorney shall file a petition to be compensated by the Public Defender for fees and expenses incident to representing indigent individuals, including investigation, other pretrial preparation, trial, and appeal.
(2)    The Office shall authorize payment of fees and expenses according to schedules prepared under § 16–207(b)(2) of this subtitle and from funds appropriated by the State budget.
(3)    A panel attorney may not receive a fee for services in addition to that provided in accordance with this title.
(4)    To be compensated for fees or expenses that the Public Defender disapproves or that exceed those authorized for payment, a panel attorney may seek a review by a regional advisory board.
(5)    All fees and expenses paid to panel attorneys, including any authorized by a regional advisory board, shall be paid out of funds appropriated by the State budget.
(e)    The Office may provide staff and technical assistance to a panel attorney appointed to represent an indigent individual.
2023 Maryland Statutes › Criminal Procedure › Title 16 - Office of the Public Defender › Subtitle 2 - Office of the Public Defender › Section 16-209 - Privileged Communications

(a)    Communications between an indigent individual and an individual in the Office or engaged by the Public Defender are protected by the attorney–client privilege to the same extent as though an attorney had been privately engaged.
(b)    (1)    Subject to paragraph (2) of this subsection, this section does not preclude the Public Defender from using material in the Public Defender’s files that is otherwise privileged to prepare and disclose statistical, case study, and other sociological data.
(2)    Material used to prepare and disclose sociological data may not disclose the identity of a particular indigent individual.
2023 Maryland Statutes › Criminal Procedure › Title 16 - Office of the Public Defender › Subtitle 2 - Office of the Public Defender › Section 16-211 - Reimbursement for Services

(a)    (1)    If it appears that an indigent individual has or reasonably expects to have means to meet some of the expenses for services rendered, the indigent individual shall reimburse the Office:
(i)    by a single payment or in installments; and
(ii)    in the amount that the indigent individual can reasonably be expected to pay.
(2)    A default or failure by an indigent individual to make a payment may not affect the rendering of services to the indigent individual.
(b)    The Central Collection Unit of the Department of Budget and Management, on behalf of the Public Defender and in the name of the State, shall do all things necessary to collect all reimbursement money due to the State for services rendered in accordance with this title.
(c)    (1)    A court exercising criminal jurisdiction shall order a defendant to reimburse the State for services rendered to the defendant by the Public Defender as a term or condition of a sentence, judgment, or probation imposed by the court, unless the court:
(i)    affirmatively finds that the defendant cannot make the reimbursement; and
(ii)    waives the term or condition.
(2)    The court shall establish the amount, time, and method of payment.
(3)    In all other cases of reimbursement for services rendered, collection shall be made in accordance with subsection (b) of this section.
(d)    (1)    A court exercising other than criminal jurisdiction shall order an indigent individual represented by the Public Defender to reimburse the State for the reasonable value of services rendered to the indigent individual in an amount that the indigent individual may reasonably be able to pay.
(2)    If the indigent individual is a minor, the court shall order the parents, guardian, or custodian of the minor to reimburse the State for the reasonable value of services rendered in an amount that the parents, guardian, or custodian may reasonably be able to pay.
(3)    The court shall establish the amount, time, and method of payment.
(e)    Before ordering reimbursement under subsection (d) of this section, a court shall grant an opportunity to be heard to the indigent individual or the parents, guardian, or custodian of a minor.
2023 Maryland Statutes › Criminal Procedure › Title 16 - Office of the Public Defender › Subtitle 2 - Office of the Public Defender › Section 16-212 - Liens

(a)    The reasonable value of the services rendered to an indigent individual in accordance with this title is a lien on real or personal property in which the indigent individual has or acquires an interest, except for the residence of the indigent individual.
(b)    To perfect the lien, the Public Defender shall submit to the court having jurisdiction in the matter an affidavit setting forth the services rendered to the indigent individual and their reasonable value.
(c)    (1)    The court shall set a hearing date and shall notify the indigent individual of the date and the fact that the Public Defender filed an affidavit to perfect the lien.
(2)    The indigent individual may:
(i)    appear;
(ii)    be represented by an attorney;
(iii)    present evidence; and
(iv)    examine witnesses.
(3)    The indigent individual may contest the affidavit.
(4)    If the court determines that the Public Defender is not entitled to a lien, the proceeding shall be dismissed.
(5)    If the court determines that the Public Defender is entitled to a lien, the court shall determine the reasonable value of the services rendered to the indigent individual.
(d)    (1)    On adjudication, a lien shall be filed or docketed with the clerk of the circuit court or District Court where the services were performed or where the indigent individual works or resides.
(2)    The lien shall:
(i)    constitute a lien on the indigent individual’s property for 10 years from the date of filing or docketing unless the lien is discharged sooner; and
(ii)    have the force and effect of a judgment at law.
(3)    (i)    The clerks of the circuit courts and the District Court shall provide separate books to record liens under this section.
(ii)    The books shall be properly indexed in the name of the debtor.
(iii)    The Public Defender may not be required to pay filing or recording fees.
2023 Maryland Statutes › Criminal Procedure › Title 16 - Office of the Public Defender › Subtitle 2 - Office of the Public Defender › Section 16-213 - Effect of Subtitle

This subtitle does not prohibit the appointment of an attorney, other than through the Office, to represent an indigent individual by the District Court, a circuit court, or the Court of Special Appeals if:
(1)    there is a conflict in legal representation in a matter involving multiple defendants, and one of the defendants is represented by or through the Office; or
(2)    the Office declines to provide representation to an indigent individual entitled to representation under this subtitle.
2023 Maryland Statutes › Criminal Procedure › Title 16 - Office of the Public Defender › Subtitle 3 - Board of Trustees; Regional Advisory Boards › Section 16-301 - Board of Trustees

(a)    There is a Board of Trustees of the Office of the Public Defender.
(b)    The Board of Trustees consists of 13 members.
(c)    (1)    Each member of the Board of Trustees shall be a resident of the State.
(2)    11 members of the Board of Trustees shall be appointed by the Governor with the advice and consent of the Senate and shall include a representative of each judicial circuit of the State.
(3)    All members of the Board of Trustees shall be active attorneys admitted to practice before the Court of Appeals of Maryland.
(4)    One member shall be appointed by the President of the Senate.
(5)    One member shall be appointed by the Speaker of the House of Delegates.
(6)    Each member appointed to the Board of Trustees shall:
(i)    have significant experience in criminal defense or other matters relevant to the work of the Board of Trustees; or
(ii)    have demonstrated a strong commitment to quality representation of indigent defendants, including juvenile respondents.
(7)    A member of the Board of Trustees may not be:
(i)    a current member or employee of:
1.    the Judicial Branch; or
2.    a law enforcement agency in the State; or
(ii)    1.    a State’s Attorney of a county or municipal corporation of the State;
2.    the Attorney General of Maryland; or
3.    the State Prosecutor.
(d)    (1)    The term of an appointed member of the Board of Trustees is 3 years.
(2)    The terms of appointed members are staggered as required by the terms provided for members of the Board of Trustees on October 1, 2010.
(3)    A vacancy occurring on the Board of Trustees during the term of a member shall be filled for the remainder of the unexpired term in the same manner as provided for appointments in this section.
(4)    At the end of a term a member continues to serve until a successor is appointed and qualifies.
(5)    A member whose term has expired may be reappointed to the Board of Trustees.
(e)    (1)    The Board of Trustees annually shall elect a chair from among its members.
(2)    The chair shall preside over and represent the interests of the Board of Trustees in carrying out this title.
(f)    Seven members of the Board of Trustees are a quorum.
(g)    (1)    The Board of Trustees shall hold at least one regular annual meeting at a time and place that the chair designates.
(2)    Additional meetings shall be held as necessary and may be called on notice by the chair or at the request of at least two members of the Board of Trustees.
(h)    A member of the Board of Trustees:
(1)    may not receive compensation for serving on the Board of Trustees; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Criminal Procedure › Title 16 - Office of the Public Defender › Subtitle 3 - Board of Trustees; Regional Advisory Boards › Section 16-302 - Duties of Board of Trustees

The Board of Trustees shall:
(1)    study and observe the operation of the Office;
(2)    coordinate the activities of the regional advisory boards; and
(3)    advise the Public Defender on panels of attorneys, fees, and other matters about the operation of the public defender system.
2023 Maryland Statutes › Criminal Procedure › Title 16 - Office of the Public Defender › Subtitle 3 - Board of Trustees; Regional Advisory Boards › Section 16-303 - Regional Advisory Boards

(a)    There are four regional advisory boards of the Office.
(b)    Each regional advisory board consists of five members appointed by the Governor.
(c)    Of the four regional advisory boards:
(1)    the first shall advise public defender districts one, eight, and nine, which encompass Baltimore City, Baltimore County, and Harford County;
(2)    the second shall advise public defender districts two and three, which encompass Caroline County, Cecil County, Dorchester County, Kent County, Queen Anne’s County, Somerset County, Talbot County, Wicomico County, and Worcester County;
(3)    the third shall advise public defender districts four, five, and seven, which encompass Anne Arundel County, Calvert County, Charles County, Prince George’s County, and St. Mary’s County; and
(4)    the fourth shall advise public defender districts six, ten, eleven, and twelve, which encompass Allegany County, Carroll County, Frederick County, Garrett County, Howard County, Montgomery County, and Washington County.
(d)    Each member of a regional advisory board shall be:
(1)    a resident of a district represented by that regional advisory board; and
(2)    (i)    a judge of a circuit court;
(ii)    a judge of the District Court; or
(iii)    an active attorney admitted to practice before the Court of Appeals of Maryland.
(e)    (1)    The term of a member of a regional advisory board is 3 years.
(2)    A vacancy occurring on a regional advisory board during the term of a member shall be filled by the Governor for the remainder of the unexpired term.
(f)    (1)    The Governor shall annually designate a chair of each regional advisory board from among the members of that regional advisory board.
(2)    The chair shall preside over and represent the interests of that regional advisory board in carrying out this title.
(g)    Three members of a regional advisory board are a quorum.
(h)    (1)    Each regional advisory board shall hold at least one regular annual meeting at a time and place that the chair designates.
(2)    Additional meetings may be called:
(i)    on notice by the chair;
(ii)    on notice by the Public Defender;
(iii)    on notice by the district public defender from a district represented by that regional advisory board; or
(iv)    at the request of at least three members of the regional advisory board.
(i)    A member of a regional advisory board:
(1)    may not receive compensation for serving on the regional advisory board; but
(2)    is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.
2023 Maryland Statutes › Criminal Procedure › Title 16 - Office of the Public Defender › Subtitle 3 - Board of Trustees; Regional Advisory Boards › Section 16-304 - Duties of Regional Advisory Boards

Each regional advisory board shall:
(1)    study and observe the operation of district public defender offices; and
(2)    advise the Public Defender and district public defenders on panels of attorneys, fees, and other matters about the operation of district public defender offices and the public defender system.
2023 Maryland Statutes › Criminal Procedure › Title 16 - Office of the Public Defender › Subtitle 4 - Report; Appropriations; Severability › Section 16-401 - Annual Report of Public Defender

(a)    On or before September 30 of each year, the Public Defender shall submit a report to:
(1)    the Board of Trustees;
(2)    the Governor; and
(3)    in accordance with § 2–1257 of the State Government Article, the General Assembly.
(b)    The report shall include:
(1)    pertinent data about the operations of the Office, including projected needs, a breakdown of the number and type of cases handled, and relative dispositions; and
(2)    recommendations for statutory changes, including changes in the criminal law or Maryland Rules to control crime and improve the criminal justice system.
2023 Maryland Statutes › Criminal Procedure › Title 17 - Forensic Genealogy › Section 17-104 - Office of Health Care Quality -- Maryland Forensic Laboratory Advisory Committee Disclosure of Genetic Genealogy Prohibited Without Authorization

(a)    The Office of Health Care Quality shall establish:
(1)    a licensing program for laboratories performing SNP or other sequencing–based testing on evidence in support of FGGS on or before October 1, 2022; and
(2)    a licensing program for individuals performing genetic genealogy on or before October 1, 2024.
(b)    The Office of Health Care Quality shall:
(1)    develop a training program on obtaining informed consent under §§ 17–102 and 17–103 of this title; and
(2)    identify and approve one or more genetic counselors to administer the training.
(c)    The Maryland Forensic Laboratory Advisory Committee shall:
(1)    establish best practices for laboratories performing SNP or other sequencing–based methods; and
(2)    recommend regulations that establish minimum qualifications for individuals performing genetic genealogy.
(d)    (1)    Prohibitions may not be placed on any laboratory conducting SNP or other sequencing–based testing or on genetic genealogists participating in an FGGS before the relevant licensing program is established under subsection (a) of this section.
(2)    Within 1 year after the Office of Health Care Quality establishes the relevant licensing program under subsection (a) of this section, laboratories conducting SNP or other sequencing–based testing and genetic genealogists participating in an FGGS shall apply for the license required.
(e)    Neither the laboratory conducting SNP or other sequencing–based testing, nor a law enforcement official, may disclose genetic genealogy information without authorization.
2023 Maryland Statutes › Criminal Procedure › Title 17 - Forensic Genealogy › Section 17-105 - Annual Report by Governor's Office of Crime Prevention, Youth, and Victim Services -- Items Included -- Review and Policy Recommendations

(a)    On or before June 1 annually, the Governor’s Office of Crime Prevention, Youth, and Victim Services shall submit a publicly available report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly, that shall include, for the preceding calendar year:
(1)    the number of requests for FGGS made, broken down by number of requests made by prosecutors, pretrial defendants, and postconviction defendants;
(2)    the number of times FGGS was granted and the basis of each grant or denial;
(3)    the number of putative perpetrators identified through FGGS;
(4)    the number of covert collections of reference samples from putative perpetrators, a description of the methods used during the covert collection, the time period needed to perform the covert collection, any complaints from individuals subject to surveillance during the covert collections, and any complaints or suggestions from judges supervising the covert collections;
(5)    an evaluation of the “pursued reasonable investigative leads” requirement in accordance with § 17–102(b)(4) of this title, including scientific, public, and nonforensic;
(6)    the costs of the FGGS procedures;
(7)    the race and age of those identified as putative perpetrators;
(8)    the number of times a third party reference sample was requested and collected, and the race and age of the third parties;
(9)    the number of requests made by defendants and postconviction lawyers; and
(10)    the outcome of each authorized search, including whether the search resulted in an arrest or a conviction for the target offense.
(b)    A panel comprising judges, prosecutors, defense attorneys, public defenders, law enforcement officials, crime laboratory directors, bioethicists, racial justice experts, criminal justice researchers, civil and privacy rights organizations, and organizations representing families impacted by the criminal justice system, shall be convened to review the annual report each year and make policy recommendations.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 1 - Definitions › Subtitle 1 - Definitions › Section 1-101 - Definitions

(a)    In this division the following words have the meanings indicated.
(b)    “County” means a county of the State or Baltimore City.
(c)    “Department” means the Department of Commerce.
(d)    “Person” means an individual, receiver, trustee, guardian, personal representative, fiduciary, representative of any kind, partnership, firm, association, corporation, or other entity.
(e)    “Secretary” means the Secretary of Commerce.
(f)    (1)    Except as provided in paragraph (2) of this subsection, “state” means:
(i)    a state, possession, territory, or commonwealth of the United States; or
(ii)    the District of Columbia.
(2)    When capitalized, “State” means Maryland.
(g)    (1)    “Tier I county” means a county with:
(i)    an average rate of unemployment for the most recent 24–month period for which data are available that exceeds 150% of the average rate of unemployment for the State during that period;
(ii)    an average rate of unemployment for the most recent 24–month period for which data are available that exceeds the average rate of unemployment for the State by at least 2 percentage points; or
(iii)    a median household income for the most recent 24–month period for which data are available that is equal to or less than 75% of the median household income for the State during that period.
(2)    “Tier I county” includes a county that:
(i)    no longer meets any of the criteria stated in paragraph (1) of this subsection; but
(ii)    has met at least one of the criteria at some time during the preceding 24–month period.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2 - Secretary of Commerce › Subtitle 1 - Office of the Secretary › Section 2-101 - Duties of Secretary

(a)    (1)    The Secretary is the head of economic development policy and implementation efforts in the State.
(2)    The Secretary is the head of and is responsible for the operations of the Department of Commerce established under Title 2.5 of this article.
(b)    (1)    The Secretary also monitors the operations of:
(i)    the Maryland Economic Development Corporation established under Title 10, Subtitle 1 of this article;
(ii)    the Maryland Technology Development Corporation established under Title 10, Subtitle 4 of this article; and
(iii)    the Maryland Public–Private Partnership Marketing Corporation established under Title 10, Subtitle 9 of this article.
(2)    Nothing in this subsection may be construed to limit the independence or operations of these corporations.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2 - Secretary of Commerce › Subtitle 1 - Office of the Secretary › Section 2-102 - Secretary

(a)    The Governor shall appoint the Secretary of Commerce with the advice and consent of the Senate.
(b)    Before taking office, the appointee shall take the oath required by Article I, § 9 of the Maryland Constitution.
(c)    (1)    The Secretary serves at the pleasure of the Governor and is responsible directly to the Governor.
(2)    The Secretary shall advise the Governor on all matters assigned to the units under the jurisdiction of the Secretary and is responsible for carrying out the Governor’s policies on matters assigned to the units under the jurisdiction of the Secretary.
(d)    The Secretary is entitled to the compensation provided in the State budget.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2 - Secretary of Commerce › Subtitle 1 - Office of the Secretary › Section 2-103 - Consultation With Secretaries of Other Departments; Administration; Policy Coordination

(a)    The Secretary shall:
(1)    consult with and advise secretaries of other principal departments on coordination of the activities of the departments that relate to economic development policy and implementation efforts in the State;
(2)    establish guidelines and procedures to promote the orderly and efficient administration of the Department; and
(3)    monitor the activities of and coordinate policy for:
(i)    the Maryland  Economic Development Corporation;
(ii)    the Maryland  Technology Development Corporation; and
(iii)    the Maryland Public–Private Partnership Marketing Corporation.
(b)    The Secretary may establish, reorganize, or abolish areas of responsibility in the office of the Secretary as necessary to fulfill effectively the duties assigned to the Secretary.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2 - Secretary of Commerce › Subtitle 1 - Office of the Secretary › Section 2-105 - Deputy Secretary

(a)    With the approval of the Governor, the Secretary shall appoint a deputy secretary.
(b)    The deputy secretary:
(1)    serves at the pleasure of the Secretary; and
(2)    is entitled to the compensation provided in the State budget.
(c)    The deputy secretary shall have the duties provided by law or delegated by the Secretary.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2 - Secretary of Commerce › Subtitle 1 - Office of the Secretary › Section 2-106 - Staff -- Secretary's Office

(a)    In accordance with the State budget, the Secretary may employ a staff and retain professional consultants in the office of the Secretary.
(b)    The Secretary may designate a staff assistant to be in charge of a particular area of responsibility in the office of the Secretary.
(c)    (1)    Each staff assistant in the office of the Secretary in charge of a particular area of responsibility and each professional consultant is appointed by and serves at the pleasure of the Secretary.
(2)    Unless otherwise provided by law, the Secretary shall appoint and remove all other employees in the office of the Secretary in accordance with the provisions of the State Personnel and Pensions Article that govern skilled service or professional service employees with the exception of special appointments.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2 - Secretary of Commerce › Subtitle 1 - Office of the Secretary › Section 2-107 - Staff -- Other Units

(a)    The appointment or removal of personnel by a unit under the jurisdiction of the Department is subject to the approval of the Secretary.
(b)    The Secretary may delegate the approval authority under subsection (a) of this section to the head or governing body of the unit.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2 - Secretary of Commerce › Subtitle 1 - Office of the Secretary › Section 2-108 - Regulations

(a)    The Secretary shall adopt regulations for the office of the Secretary.
(b)    (1)    Subject to § 2.5–206 of this article, the Secretary shall review regulations of a unit under the jurisdiction of the Department.
(2)    The Secretary may approve, disapprove, or revise regulations of a unit.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2 - Secretary of Commerce › Subtitle 1 - Office of the Secretary › Section 2-110 - Secretary's Duties -- Plans and Activities

(a)    The Secretary is responsible for the coordination and direction of all planning activities that the office of the Secretary initiates.
(b)    The Secretary shall keep fully apprised of and may approve, disapprove, or modify the plans, proposals, and projects of units under the jurisdiction of the Department.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2 - Secretary of Commerce › Subtitle 1 - Office of the Secretary › Section 2-111 - Secretary's Duties -- Removal of Appointee

The Secretary may not remove an appointee to a particular office in the Department without first obtaining the Governor’s approval if the law provides that:
(1)    the Secretary is required to make the appointment with the consent of the Governor; and
(2)    the appointee:
(i)    serves at the pleasure of the Secretary; or
(ii)    may be removed by the Secretary with or without cause.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2 - Secretary of Commerce › Subtitle 1 - Office of the Secretary › Section 2-113 - Secretary's Duties -- Assumption of Functions

(a)    This section does not apply to a power, duty, responsibility, or function that is granted to the Maryland Economic Development Commission under Subtitle 2 of this title.
(b)    The Secretary may exercise any power, duty, responsibility, or function of any unit under the jurisdiction of the Department.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2 - Secretary of Commerce › Subtitle 1 - Office of the Secretary › Section 2-115 - Classification of Employees

(a)    In accordance with the State budget, the Secretary may set the compensation of a Department employee in a position that:
(1)    is unique to the Department;
(2)    requires specific skills or experience to perform the duties of the position; and
(3)    does not require the employee to perform functions that are comparable to functions performed in other units of the Executive Branch of State government.
(b)    The Secretary of Budget and Management shall determine:
(1)    position categories for special appointments in the Department; and
(2)    in consultation with the Secretary, the positions for which the Secretary may set compensation under subsection (a) of this section.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2 - Secretary of Commerce › Subtitle 1 - Office of the Secretary › Section 2-116 - Legal Counsel

(a)    This section does not apply to a unit under the jurisdiction of the Department to the extent that the unit is authorized by law to employ its own legal counsel.
(b)    The Attorney General is the legal adviser to the Department.
(c)    The Attorney General shall assign to the Department the number of assistant Attorneys General that are authorized by law for the Department and its units.
(d)    (1)    The Attorney General shall designate one of the assistant Attorneys General assigned to the Department as counsel to the Department and may not reassign that individual without consulting with the Secretary.
(2)    The counsel may only:
(i)    advise the Secretary, the Maryland Economic Development Commission, and any other official of the Department as they require;
(ii)    supervise the other assistant Attorneys General assigned to the Department; and
(iii)    perform for the Department the other duties that the Attorney General assigns.
(3)    The other assistant Attorneys General shall perform for the Department the other duties that the Attorney General assigns.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2.5 - Department of Commerce › Subtitle 1 - Organization and General Authority of the Department › Section 2.5-104 - Power to Establish Organizational Structure of Department

(a)    Except as otherwise provided by law, the Secretary:
(1)    shall determine the organizational structure of the Department; and
(2)    may create or abolish units in the Department.
(b)    (1)    The Governor or the Secretary may establish advisory or decision–making units for the Department.
(2)    The units shall advise and assist the Secretary on the policies, programs, and activities of the Department.
(3)    The Governor or the Secretary shall determine the size, qualifications, method of appointment, terms, compensation, manner of removal, and method of filling vacancies of the units.
(c)    (1)    The Secretary shall establish regional offices in the local jurisdictions.
(2)    The regional offices shall:
(i)    advise the Secretary on whether the economic needs of each local jurisdiction are being addressed; and
(ii)    coordinate with municipal and local economic development agencies.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2.5 - Department of Commerce › Subtitle 1 - Organization and General Authority of the Department › Section 2.5-105 - Objectives of Department

To attract and encourage business development and serve the needs of business, the Department shall:
(1)    advance the economic welfare of the public through programs and activities that develop in a proper manner the natural resources and economic opportunities of the State;
(2)    promote and encourage the location and creation of new industries and businesses in the State and encourage the retention and expansion of existing industries;
(3)    support the creation of new businesses and the growth of existing businesses in the State by improving their quality, productivity, and competitive position in the global marketplace;
(4)    assist the growth and revitalization of small businesses;
(5)    support the growth of the State and regional economies by providing consulting, technical assistance, and liaison activities on business and economic development issues;
(6)    promote the development of international trade activities;
(7)    assist businesses and employees through training and other employment services;
(8)    promote regulatory reform and coordinate efforts with other State and local units; and
(9)    foster and develop employment opportunities for residents of the State.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2.5 - Department of Commerce › Subtitle 1 - Organization and General Authority of the Department › Section 2.5-106 - Duties of Department

The Department shall:
(1)    investigate and assemble information about the economic development, industrial opportunities, and economic resources of the State, including raw materials, power and water resources, transportation facilities, markets, labor, banking and financing facilities, industrial sites, and other fields of research;
(2)    encourage location and development of new businesses in the State and the retention and expansion of present enterprises in coordination with local governments and local economic development units;
(3)    encourage formation of local and sectional development committees and cooperate with local civic groups and other local, State, and federal development units;
(4)    disseminate information in the interest of industrial development in the State, by publication, advertising, and other means;
(5)    assist businesses in the areas of technology development and commercialization, small business development, workforce development and productivity, manufacturing modernization, and defense conversion;
(6)    serve as an ombudsman for businesses affected by State policies and programs;
(7)    coordinate business assistance service delivery to individual companies;
(8)    link groups of businesses to address regional and industry specific needs;
(9)    broker information exchange and entrepreneurial services that enhance economic development through partnerships with businesses, nonprofit organizations, professional groups, local economic development entities, and local governments;
(10)    assist in developing and conducting regional strategic planning and coordinating State investments with regional economic development entities;
(11)    collect and assemble information and data available from other State units or instrumentalities;
(12)    monitor economic conditions, release reports, and maintain interindustry models of State regulations and local economies;
(13)    use community colleges in the State to help deliver services;
(14)    administer the programs in the Department;
(15)    coordinate its efforts and activities with the Apprenticeship and Training Council and Apprenticeship and Training Program in the Maryland Department of Labor;
(16)    establish and monitor performance measures to determine the success of outreach efforts to businesses;
(17)    facilitate regular meetings among its regional experts, financial incentive team, and tourism development team to determine the success in meeting overall economic development strategic goals and in addressing the economic development needs of each region; and
(18)    work with community colleges to enhance the role of community colleges in providing workforce training services, including industry–specific education and training in response to the needs of the State.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2.5 - Department of Commerce › Subtitle 1 - Organization and General Authority of the Department › Section 2.5-107 - Support for Regional Technology Councils

(a)    The Department shall support industry–led regional technology councils that help private enterprises attempting to establish or expand manufacturing and technology–based businesses.
(b)    The Department may:
(1)    select an entity as the regional technology council for a particular region; and
(2)    determine the geographic areas that constitute a region for purposes of this section.
(c)    The Department may support a regional technology council through grants, loans, in–kind assistance, advice, or other assistance.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2.5 - Department of Commerce › Subtitle 1 - Organization and General Authority of the Department › Section 2.5-108 - Department to Use Data From Other State Agencies

(a)    To the extent practicable, the Department shall use pertinent data obtained from units or instrumentalities of the State when collecting and assembling information.
(b)    Except to the extent that disclosure is prohibited by law, the Department has access to all records, data, information, and statistics of other units or instrumentalities of the State.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2.5 - Department of Commerce › Subtitle 2 - Maryland Economic Development Commission › Section 2.5-202 - Established; Purpose

(a)    There is a Maryland Economic Development Commission staffed by the Department.
(b)    The purpose of the Commission is to:
(1)    establish economic development policy in the State;
(2)    advise the Secretary on economic development policy in the State;
(3)    oversee the operations of the  Department and its units, including the Department’s efforts to support the creation of, attract, and retain businesses and jobs; and
(4)    monitor the operations of the Maryland Technology Development Corporation, the Maryland Economic Development Corporation, and the Maryland Public–Private Partnership Marketing Corporation, including the efforts of those entities to support the creation, attraction, and retention of businesses and jobs.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2.5 - Department of Commerce › Subtitle 2 - Maryland Economic Development Commission › Section 2.5-203 - Membership

(a)    (1)    (i)    The Commission consists of:
1.    not more than  21 voting members appointed by the Governor with the advice and consent of the Senate;
2.    two voting members appointed by the President of the Senate of Maryland;
3.    two voting members appointed by the Speaker of the House of Delegates;
4.    A.    one member of the Senate of Maryland, designated by the President of the Senate; and
B.    one member of the House of Delegates, designated by the Speaker of the House; and
5.    the following representatives of State units and instrumentalities of the State:
A.    the Executive Director of the Maryland Economic Development Corporation, or the Executive Director’s designee;
B.    the Chief Executive Officer of the Maryland Technology Development Corporation, or the Chief Executive Officer’s designee;
C.    the Secretary or the Secretary’s designee; and
D.    the Secretary of Labor, or the Secretary’s designee.
(ii)    The Secretary and the Secretary of Labor or their designees, State unit or instrumentality representatives, and members of the General Assembly are nonvoting ex officio members of the Commission.
(iii)    A designee under subparagraph  (i)5 of this paragraph may be an administrator or a senior official of the unit or instrumentality.
(2)    The geographic representation of the Commission shall cover the entire State and shall include at least one representative from:
(i)    the upper Eastern Shore;
(ii)    the lower Eastern Shore;
(iii)    Calvert County, Charles County, or St. Mary’s County;
(iv)    Allegany County or Garrett County; and
(v)    Carroll County, Frederick County, or Washington County.
(3)    When appointing Commission members, the Governor shall consider geographic and industry representation.
(4)    The members appointed shall reflect the racial and gender diversity of the population of the State.
(b)    The appointed members of the Commission shall have substantial interest or experience in business or knowledge of business and economic development.
(c)    The Commission and its members are subject to the Maryland Public Ethics Law.
(d)    (1)    The term of an appointed member is 3 years.
(2)    At the end of a term, an appointed member continues to serve until a successor is appointed and qualifies.
(3)    A member appointed after a term has begun serves only for the remainder of the term and until a successor is appointed and qualifies.
(4)    The terms of the appointed members are staggered as required by the terms provided for members of the Commission on October 1, 2008.
(5)    A member may be removed by the Governor with or without cause.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2.5 - Department of Commerce › Subtitle 2 - Maryland Economic Development Commission › Section 2.5-204 - Officers; Executive Committee; Special Subcommittees

(a)    The Governor shall designate a chair or cochairs from the voting members of the Commission.
(b)    The Commission may elect an executive committee or form special subcommittees from its members to exercise the powers and functions of the Commission between meetings of the Commission.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2.5 - Department of Commerce › Subtitle 2 - Maryland Economic Development Commission › Section 2.5-205 - Meetings; Quorum; Compensation; Staff

(a)    (1)    The Commission shall meet as often as its duties require, but not less than quarterly.
(2)    The chair or cochairs shall designate a time and place for meetings of the Commission.
(b)    A majority of the voting members of the Commission is a quorum.
(c)    A voting member of the Commission:
(1)    may not receive compensation as a member of the Commission; but
(2)    is entitled to reimbursement in accordance with the Standard State Travel Regulations as provided in the State budget.
(d)    The Department shall provide staff support to the Commission.
2023 Maryland Statutes › Economic Development › Division I - Secretary of Commerce and Department of Commerce › Title 2.5 - Department of Commerce › Subtitle 2 - Maryland Economic Development Commission › Section 2.5-206 - Miscellaneous Powers and Duties

(a)    The Commission may:
(1)    adopt bylaws for the conduct of its business;
(2)    hire consultants; and
(3)    do anything necessary or convenient to carry out its powers and the purposes of this subtitle.
(b)    The Commission shall:
(1)    develop and update an economic development strategic plan for the State;
(2)    seek ideas and advice from each region of the State to develop the economic development strategic plan;
(3)    incorporate into the economic development strategic plan the Maryland Port Administration strategic plan developed for the Helen Delich Bentley Port of Baltimore;
(4)    recommend to the Governor and the Secretary the program and spending priorities needed to implement the economic development strategic plan;
(5)    review the allocation of financing incentives;
(6)    participate in encouraging new businesses to locate in the State;
(7)    seek contributions from the private sector to supplement economic development programs and financial incentives to business;
(8)    conduct periodic reviews of the economic development activities of the Department, the Maryland Economic Development Corporation,  the Maryland Technology Development Corporation, and the Maryland Public–Private Partnership Marketing Corporation for compliance with the economic development strategic plan;
(9)    make recommendations to the Governor and the Secretary to improve economic development activities that fail to achieve economic development strategic goals or are inconsistent with priorities under the economic development strategic plan; and
(10)    carry out other economic development activities that the Governor or the Secretary requests.
(c)    The Commission may spend money raised under subsection (b) of this section only in accordance with the State budget.
(d)    Departmental regulations that pertain to financing programs shall be approved by the Commission before adoption.
(e)    The Department may not submit a budget request before the Commission reviews the request.