About Statutes

This page accesses the Code of Maryland (Statutes) and the Maryland Municipal Charters and Resolutions as compiled and maintained by the Department of Legislative Services.

The Code is arranged by and organized into “Articles” (e.g. Transportation Article), which are further subdivided into “titles”, “subtitles”, “sections”, “subsections”, “paragraphs”, subparagraphs”, etc.

Note that the “official” compilation of the laws (Chapters) enacted at each session of the General Assembly is published by the State as the “Laws of Maryland”, commonly referred to as the “Session Laws”. The Session Laws for each session are compiled chronologically by chapter number and serve as the source law from which the statutes accessed here are derived.

While the “Laws of Maryland” (Session Laws) constitute the official laws of the State, this Code and the annotated versions noted below are accepted as “evidence” of the law in all State courts and by all public offices and officials (See § 10-201 of the Courts & Judicial Proceedings Article). However, in the event of a conflict between the Code and the Session Laws, the Session Laws prevail.

Note: Annotated versions of the Code, published by LexisNexis and West, are available in book and online formats. These Annotated Codes include references to case law, related citations, and explanatory notations.

The Municipal Charters are updated each year by incorporating all charter resolutions received by the Department through May 31 of that year. Individual Municipal Resolutions are published to the General Assembly website as they are received by the Department.



Statute Text

ati534380.tmp
Article - Education
§18–1901.  
(a)   In this subtitle the following words have the meanings indicated.
(b)   “ABLE account holder” means an individual who has established an account described under § 529A(e) of the Internal Revenue Code and is the designated beneficiary of the account.
(c)   “Account holder” means an individual who:
(1)   Makes or undertakes the obligation to make advance payments of qualified higher education expenses as provided under a prepaid contract; and
(2)   Except as provided in § 18–1909(b) of this subtitle, is a resident of Maryland or of the District of Columbia at the time that the account holder enters into a prepaid contract.
(d)   “Board” means the Maryland 529 Board.
(e)   “Broker–Dealer Plan” means the Maryland Broker–Dealer College Investment Plan established under Subtitle 19B of this title.
(f)   “Current prepaid contract obligations” means the scheduled payments due for the next fiscal year under existing prepaid contracts.
(g)   “Eligible institution of higher education” means an institution of higher education that:
(1)   Offers an associate, bachelor, or graduate degree program; and
(2)   Is eligible to participate in federal financial aid programs.
(h)   “Market value of program assets” means the amount of cash and cash equivalents held by the Trust plus the fair market value of other assets of the Trust.
(i)   “Maryland ABLE Program” means the Maryland Achieving a Better Life Experience Program established under Subtitle 19C of this title.
(j)   “Plan” means the Maryland College Investment Plan established under Subtitle 19A of this title.
(k)   “Prepaid contract” means a contract between the Board and an account holder under the provisions of this subtitle for the advance payment of qualified higher education expenses by the account holder for a qualified beneficiary to attend an eligible institution of higher education, if the qualified beneficiary is admitted to the institution.
(l)   “Program” means Maryland 529.
(m)   “Qualified beneficiary” means an individual who:
(1)   Is eligible to apply advance payments of qualified higher education expenses to undergraduate or graduate qualified higher education expenses at an eligible institution of higher education under the provisions of this subtitle; and
(2)   Except as provided in § 18–1909(b) of this subtitle, is a resident of the State or of the District of Columbia at the time that the account holder enters into a prepaid contract.
(n)   “Qualified higher education expenses” has the meaning stated in § 529(e) of the Internal Revenue Code.
(o)   “Qualified state tuition program” has the meaning stated in § 529 of the Internal Revenue Code.
(p)   “Trust” means the Maryland Prepaid College Trust established under this subtitle.
(q)    (1)   “Tuition” means the actual tuition and mandatory fees assessed to all students by an eligible institution of higher education as a condition of enrollment at the institution.
(2)   “Tuition” does not include any fee that is assessed by the institution for a particular course taken, year of enrollment, academic status, course of study, residency status, or any other distinguishing factor used by the institution to determine a specific fee.