Md. Code, Courts and Judicial Proceedings § 5-405 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: in_force

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

(2) (i) “Manufacturer” means a designer, assembler, fabricator, constructor, compounder, producer, or processor of any product or its component parts.

(ii) “Manufacturer” includes an entity not otherwise a manufacturer that imports a product or otherwise holds itself out as a manufacturer.

(3) “Product” means any tangible article, including attachments, accessories and component parts, and accompanying labels, warnings, instructions, and packaging.

(4) “Sealed container” means a box, container, package, wrapping, encasement, or housing of any nature that covers a product so that it would be unreasonable to expect a seller to detect or discover the existence of a dangerous or defective condition in the product. A product shall be deemed to be in a sealed container if the product, by its nature and design, is encased or sold in any other manner making it unreasonable to expect a seller to detect or discover the existence of a dangerous or defective condition.

(5) (i) “Seller” means a wholesaler, distributor, retailer, or other individual or entity other than a manufacturer that is regularly engaged in the selling of a product whether the sale is for resale by the purchaser or is for use or consumption by the ultimate consumer.

(ii) “Seller” includes a lessor or bailor regularly engaged in the business of the lease or bailment of the product.

(b) It shall be a defense to an action against a seller of a product for property damage or personal injury allegedly caused by the defective design or manufacture of a product if the seller establishes that:

(1) The product was acquired and then sold or leased by the seller in a sealed container or in an unaltered form;

(2) The seller had no knowledge of the defect;

(3) The seller in the performance of the duties he performed or while the product was in his possession could not have discovered the defect while exercising reasonable care;

(4) The seller did not manufacture, produce, design, or designate the specifications for the product which conduct was the proximate and substantial cause of the claimant’s injury; and

(5) The seller did not alter, modify, assemble, or mishandle the product while in the seller’s possession in a manner which was the proximate and substantial cause of the claimant’s injury.

(c) The defense provided in subsection (b) of this section is not available if:

(1) The manufacturer is not subject to service of process under the laws of this State or the Maryland Rules;

(2) The manufacturer has been judicially declared insolvent in that the manufacturer is unable to pay its debts as they become due in the ordinary course of business;

(3) The court determines by clear and convincing evidence that the claimant would be unable to enforce a judgment against the product manufacturer;

(4) The claimant is unable to identify the manufacturer;

(5) The manufacturer is otherwise immune from suit; or

(6) The seller made any express warranties, the breach of which were the proximate and substantial cause of the claimant’s injury.

(d) (1) Except in an action based on an expressed indemnity agreement, if the seller shows by unrebutted facts that he has satisfied subsection (b) of this section and that subsection (c) of this section does not apply, summary judgment shall be entered in his favor as to the original or third party actions.

(2) Notwithstanding the granting of a motion for summary judgment pursuant to paragraph (1) of this subsection, the seller will thereafter continue to be treated as though he were still a party for all purposes of discovery including the uses thereof.

(3) On a subsequent showing of the occurrence of any condition described in subsection (c) of this section or that one or more of the conditions of subsection (b) of this section did not exist, during the pending litigation, the actions dismissed by summary judgment pursuant to paragraph (1) of this subsection shall be reinstated and are not barred by the passage of time.
Md. Code, Election Law § 5-301 — MD Code / Article gel / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

(a) An individual may become a candidate for a public or party office only if:

(1) the individual files a certificate of candidacy in accordance with this subtitle; and

(2) the individual does not file a certificate of withdrawal under Subtitle 5 of this title.

(b) The appropriate board shall determine whether an individual filing a certificate of candidacy meets the requirements of this article, including:

(1) the voter registration and party affiliation requirements under Subtitle 2 of this title; and

(2) the campaign finance reporting requirements under Title 13 of this article.

(c) (1) On the certificate of candidacy, a candidate shall designate how the candidate’s name is to appear on the ballot.

(2) Except as provided in paragraph (3) of this subsection, a candidate shall file a certificate of candidacy in which the candidate lists any given name, an initial letter of any other given name, and surname.

(3) A candidate may file a certificate of candidacy in a name different than that specified under paragraph (2) of this subsection if the candidate files an affidavit, under penalties of perjury, attesting that the candidate is generally known by that other name in:

(i) press accounts concerning the candidate, if any; or

(ii) if press accounts do not exist, the candidate’s everyday encounters with members of the community.

(4) Except for the use of quotation marks to enclose a portion of a name, the use of symbols, titles, degrees, or other professional designations on a certificate of candidacy is prohibited.

(d) A candidate who seeks nomination by petition shall file a certificate of candidacy as provided in § 5–703 of this title.

(e) A write–in candidate shall file a certificate of candidacy as provided under this subtitle.

(f) (1) (i) On or before the first Monday in August in the year in which a justice of the Supreme Court of Maryland must stand for continuance in office, the Clerk of the Supreme Court of Maryland shall provide written notice to the State Board of the name of the justice that is to be placed on the ballot at the next succeeding general election together with the identification of the judicial circuit from which the qualified voters of that circuit may cast a vote for the justice’s continuance in office.

(ii) On or before the first Monday in August in the year in which a justice of the Appellate Court of Maryland must stand for continuance in office, the Clerk of the Appellate Court of Maryland shall provide written notice to the State Board of the name of the justice that is to be placed on the ballot at the next succeeding general election together with:

1. the identification of the judicial circuit from which the qualified voters of that circuit may cast a vote for the justice’s continuance in office; or

2. a statement that the voters of the entire State may cast a vote for the justice’s continuance in office.

(2) An incumbent justice of the Supreme Court of Maryland or Appellate Court of Maryland is not required to file a certificate of candidacy for an election for continuance in office.

(g) (1) A candidate for President or Vice President of the United States nominated by a national party convention is not required to file a certificate of candidacy under this section.

(2) If more than one written notice naming different presidential and vice presidential nominees is provided to the State Board by persons purporting to be the presiding officer of the same party convention, the State Board shall require the chairman of the State party to provide written reaffirmation of the party’s nominees within 5 days after the State Board’s demand.

(3) The presiding officers of the national party convention shall file a certificate of nomination with the State Board within 5 days after the conclusion of the national party convention.
Md. Code, Natural Resources § 5-1406 — MD Code / Article gnr / Title 5 / Subtitle 14 / Section 5-1406
§5–1406.
Status: in_force

(a) An owner of a cave or the owner’s authorized agents acting within the scope of their authority shall have the immunity from liability described under § 5-804(b) of the Courts and Judicial Proceedings Article.

(b) An owner of a commercial cave shall have the immunity from liability described under § 5-804(c) of the Courts and Judicial Proceedings Article.
Md. Code, Business Occupations and Professions § 5-209 — MD Code / Article gbo / Title 5 / Subtitle 2 / Section 5-209
§5–209.
Status: in_force

Any person aggrieved by a final decision of the Board in a contested case, as defined in § 10-202 of the State Government Article, may take an appeal as allowed in §§ 10-222 and 10-223 of the State Government Article.
Md. Code, Transportation § 5-1101 — MD Code / Article gtr / Title 5 / Subtitle 11 / Section 5-1101
§5–1101.
Status: in_force

(a) The Administration may:

(1) Report to the appropriate federal agencies and agencies of other states:

(i) All proceedings instituted for an alleged violation of §§ 5-1002 and 5-1006 of this title; and

(ii) All penalties imposed on the owners or operators of aircraft or other persons for violations of the aeronautics laws of this State or violations of any rule, regulation, or order of the Administration;

(2) Receive reports of penalties and other information from these agencies; and

(3) If necessary, contract with these agencies for the delivery, receipt, exchange, and use of reports and information.

(b) The Administration may make the reports and information of the federal agencies, the agencies of other states, and the courts of this State, available to any court of this State or to any State or local officer of this State who is authorized to enforce the aeronautics laws of this State.
Md. Code, Business Regulation § 5-503 — MD Code / Article gbr / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

(a) Each burial lot and each crypt sold or conveyed in a cemetery shall be held by the owner only for the purpose of burial.

(b) The interest of an owner of a burial lot or crypt that is held for the burial of the owner or others and not held as an investment is not:

(1) considered property;

(2) subject to attachment or execution for debt;

(3) subject to the insolvency laws of the State;

(4) to be inventoried in the estate of the owner; or

(5) subject to inheritance taxes.

(c) The interest of an owner of a burial lot or crypt that is held as an investment and not held for the burial of the owner or others is:

(1) considered personal property;

(2) subject to attachment or execution for debt;

(3) subject to the insolvency laws of the State;

(4) to be inventoried in the estate of the owner; and

(5) subject to inheritance taxes.

(d) Subject to the rules of the cemetery owner and to the terms of any contract made with the cemetery owner, the interest of an owner of a burial lot or crypt:

(1) may be disposed of during the lifetime of the owner of the burial lot or crypt with the consent of the cemetery owner;

(2) may be disposed of by specific reference in the will of the owner; and

(3) otherwise passes to the heirs of the owner, as defined in § 1-101 of the Estates and Trusts Article.

(e) (1) The owner of a burial lot is responsible for the care of a memorial or monument placed on the burial lot.

(2) Nothing in this section may be construed to prohibit a party responsible for a cemetery from maintaining or repairing a damaged memorial or monument.
Md. Code, Financial Institutions § 5-307 — MD Code / Article gfi / Title 5 / Subtitle 3 / Section 5-307
§5–307.
Status: in_force

A banking institution is liable to the depositor for the loss of any check that the institution loses or misplaces before the check clears the clearinghouse.
Md. Code, Insurance § 5-907 — MD Code / Article gin / Title 5 / Subtitle 9 / Section 5-907
§5–907.
Status: in_force

(a) To enable the Commissioner to determine the sufficiency of the trust fund provided for in § 5–904(e) of this subtitle, the assuming insurer shall report each year to the Commissioner information substantially the same as that required to be reported on the National Association of Insurance Commissioners annual statement form by authorized insurers.

(b) The assuming insurer shall submit to examination of its books and records by the Commissioner and bear the expense of examination.

(c) Credit for reinsurance may not be granted under this section unless the form of the trust and any amendments to the trust have been approved by:

(1) the insurance regulatory agency of the state where the trust is domiciled; or

(2) the insurance regulatory agency of another state who, under the terms of the trust instrument, has accepted principal regulatory oversight of the trust.

(d) The form of the trust and any trust amendments shall be filed with the insurance regulatory agency of each state in which the ceding insurer beneficiaries of the trust are domiciled.

(e) The trust instrument shall provide that contested claims shall be valid and enforceable on the final order of any court of competent jurisdiction in the United States.

(f) The trust shall vest legal title to its assets in its trustees for the benefit of the assuming insurer’s United States ceding insurers and their assigns and successors in interest.

(g) The trust and the assuming insurer shall be subject to examination as determined by the Commissioner.

(h) The trust shall remain in effect for as long as the assuming insurer has outstanding obligations due under the reinsurance contracts subject to the trust.

(i) Not later than February 28 of each year, the trustee of the trust shall:

(1) report to the Commissioner in writing the balance of the trust and list the trust’s investments at the preceding year–end; and

(2) certify the date of termination of the trust, if so planned, or certify that the trust will not expire before the following December 31.

(j) (1) This subsection applies to ceding to a single assuming insurer.

(2) The trust fund shall consist of funds in trust in an amount not less than the assuming insurer’s liabilities attributable to reinsurance ceded by United States ceding insurers.

(3) Except as provided in paragraph (4) of this subsection, the assuming insurer shall maintain a trusteed surplus of not less than $20,000,000.

(4) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, at any time after the assuming insurer has permanently discontinued underwriting new business secured by the trust for at least 3 full years, the insurance regulatory agency with principal regulatory oversight of the trust may authorize a reduction in the required trusteed surplus, but only after a finding, based on an assessment of the risk, that the new required surplus level is adequate for the protection of United States ceding insurers, policyholders, and claimants in light of reasonably foreseeable adverse loss development.

(ii) The risk assessment under subparagraph (i) of this paragraph:

1. may involve an actuarial review, including an independent analysis of reserves and cash flows; and

2. shall consider all material risk factors, including, when applicable, the lines of business involved, the stability of the incurred loss estimates, and the effect of the surplus requirements on the assuming insurer’s liquidity or solvency.

(iii) The minimum required trusteed surplus under subparagraph (i) of this paragraph may not be reduced to an amount less than 30% of the assuming insurer’s liabilities attributable to reinsurance ceded by United States ceding insurers covered by the trust.

(k) (1) This subsection applies to ceding to a group that includes incorporated and individual unincorporated underwriters.

(2) For reinsurance ceded under reinsurance contracts with an inception, amendment, or renewal date on or after January 1, 1993, the trust shall consist of a trusteed account in an amount not less than the respective underwriters’ several liabilities attributable to business ceded by United States domiciled ceding insurers to any underwriter of the group.

(3) For reinsurance ceded under reinsurance contracts with an inception date on or before December 31, 1992, and not amended or renewed after that date, notwithstanding any other provisions of this section, the trust shall consist of a trusteed account in an amount not less than the respective underwriters’ several insurance and reinsurance liabilities attributable to business written in the United States.

(4) In addition to these trusts, the group shall maintain in trust a trusteed surplus of which $100,000,000 shall be held jointly for the benefit of the United States domiciled ceding insurers of any member of the group for all years of account.

(5) The incorporated members of the group:

(i) may not be engaged in any business other than underwriting as a member of the group; and

(ii) shall be subject to the same level of regulation and solvency control by the group’s domiciliary regulator as are the unincorporated members.

(6) Within 90 days after its financial statements are due to be filed with the group’s domiciliary regulator, the group shall provide to the Commissioner:

(i) an annual certification by the group’s domiciliary regulator of the solvency of each underwriter member; or

(ii) if a certification is unavailable, financial statements, prepared by independent public accountants, of each underwriter member of the group.
Md. Code, Public Safety § 5-120 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-120
§5–120.
Status: in_force

(a) (1) On receipt of a firearm application, a licensee or designated law enforcement agency shall promptly forward one copy of it to the Secretary by electronic means approved by the Secretary.

(2) The copy of the firearm application forwarded to the Secretary shall contain the name, address, and signature of the prospective seller, lessor, or transferor.

(b) (1) The prospective seller, lessor, or transferor shall keep one copy of the firearm application for not less than 3 years.

(2) The firearm applicant is entitled to a copy of the firearm application.

(c) The licensee or designated law enforcement agency shall forward the $10 application fee with the firearm application to the Secretary.
Md. Code, Health - General § 5-405 — MD Code / Article ghg / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: in_force

(a) The power of the Secretary over plans, proposals, and projects of units in the Department does not include the power to disapprove or modify any decision or determination that the Board makes under authority specifically delegated by law to the Board.

(b) The power of the Secretary to transfer by rule, regulation, or written directive, any staff, functions, or funds of units in the Department does not apply to any staff, function, or funds of the Board.
Md. Code, General Provisions § 5-835 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-835
§5–835.
Status: in_force

(a) An applicant or agent of the applicant may not make a payment to a member, or a slate that includes a member, during the pendency of the application.

(b) (1) After an application has been filed, a member may not vote or participate in any way in the proceeding on the application if the member’s treasurer or continuing political committee, or a slate to which the member belongs or belonged during the 36–month period before the filing of the application, received a payment during the 36–month period before the filing of the application or during the pendency of the application from any of the applicants or the agents of the applicants.

(2) A member is not subject to the requirements of paragraph (1) of this subsection if:

(i) a transfer to the member’s treasurer, a continuing political committee, or a slate to which the member belongs or belonged during the 36–month period before the filing of the application was made by a political action committee to which an applicant or agent had made a payment;

(ii) the applicant or agent made the payment to the political action committee without any intent to subvert the purposes of this subtitle;

(iii) the applicant’s or agent’s payment to the political action committee, and the political action committee’s transfer, are disclosed in an affidavit; and

(iv) the transfer is returned to the political action committee by the member, or the payment is returned to the applicant or agent by the political action committee.

(c) (1) After an application is filed, the applicant shall file an affidavit under oath:

(i) 1. stating to the best of the applicant’s information, knowledge, and belief that during the 36–month period before the filing of the application and during the pendency of the application, the applicant has not made any payment to a member’s treasurer, a member’s continuing political committee, or a slate to which the member belongs or belonged during the 36–month period before the filing of the application; or

2. if any such payment was made, disclosing the name of the member to whose treasurer or continuing political committee, or slate to which the member belongs or belonged during the 36–month period before the filing of the application, the payment was made;

(ii) 1. stating to the best of the applicant’s information, knowledge, and belief that during the 36–month period before the filing of the application and during the pendency of the application, the applicant has not solicited any person or business entity to make a payment to a member’s treasurer, a member’s continuing political committee, or a slate to which the member belongs or belonged during the 36–month period before the filing of the application; or

2. if any such solicited payment was made, disclosing the name of the member to whose treasurer or continuing political committee, or slate to which the member belongs or belonged during the 36–month period before the filing of the application, the payment was made; and

(iii) 1. stating to the best of the applicant’s information, knowledge, and belief that during the 36–month period before the filing of the application and during the pendency of the application, a member of the applicant’s household has not made a payment to a member’s treasurer, a member’s continuing political committee, or a slate to which the member belongs or belonged during the 36–month period before the filing of the application; or

2. if any such payment was made, disclosing the name of the member to whose treasurer or continuing political committee, or slate to which the member belongs or belonged during the 36–month period before the filing of the application, the payment was made.

(2) The affidavit shall be filed at least 30 calendar days before consideration of the application by the District Council.

(3) A supplemental affidavit shall be filed whenever a payment is made after the original affidavit was filed.

(4) (i) An applicant is not required to make any representations in the affidavit pertaining to the actions of anyone other than that applicant.

(ii) Anyone with authority to act on behalf of and bind a business entity may execute an affidavit on behalf of the business entity.

(5) The only disclosures required under the affidavit are those involving individuals or business entities that would be subject to this subtitle.

(d) (1) An agent shall file an affidavit in an application only if:

(i) the agent has acted on behalf of the applicant with regard to the specific application; and

(ii) during the 36–month period before the filing of the application and during the pendency of the application, and after becoming an agent of the applicant:

1. the agent has made a payment to a member, a member’s continuing political committee, or a slate to which the member belongs or belonged during the 36–month period before the filing of the application; or

2. the agent has solicited any person to make a payment to a member’s treasurer, a member’s continuing political committee, or a slate to which the member belongs or belonged during the 36–month period before the filing of the application.

(2) Notwithstanding paragraph (1)(ii) of this subsection, an agent shall disclose in the affidavit a payment made before becoming an agent if the agent:

(i) made the payment by prearrangement or in coordination with one or more applicants; or

(ii) acted as an agent as to any other application filed during the 36–month period.

(e) (1) Except as provided in paragraph (2) of this subsection, a contributor, a member, or a political action committee is subject to this part if a payment is made by the contributor or a transfer is made by the political action committee to:

(i) the candidate;

(ii) the candidate’s continuing political committee; or

(iii) a slate to which the member belongs or belonged during the 36–month period before the filing of the application.

(2) This part does not apply to:

(i) any transfer to the continuing political committee of a member by the continuing political committee of another individual running for elective office; or

(ii) a payment or transfer to the Prince George’s County or State Central Committee of a political party, even if the Central Committee supports a candidate.

(3) A person may not make a payment in violation of this part.

(f) An applicant or agent may not take any action, directly or indirectly, with the intent to circumvent the intent of this part.
Md. Code, Agriculture § 5-405 — MD Code / Article gag / Title 5 / Subtitle 4 / Section 5-405
§5–405.
Status: in_force

(a) The Secretary may make inspections, investigations, studies, and determinations as he deems advisable in order to ascertain the effect of mosquitoes and methods for their control or elimination in any part of the State.

(b) If funds are available, the Secretary may construct and maintain ditches, dikes, dams, and other facilities and may place or spread insecticides or other substances he determines desirable or necessary to control or eliminate mosquitoes in any part of the State.
Md. Code, Family Law § 5-3A-25 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-25
§5–3A–25.
Status: in_force

(a) Unless terminated sooner, a court retains jurisdiction over a child until the child attains 18 years of age.

(b) An order for adoption of a child terminates the child’s guardianship case.
Md. Code, Economic Development § 5-568 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-568
§5–568.
Status: in_force

(a) The Authority may guarantee a surety up to the lesser of 90% or $2,250,000 of its loss under a bid bond, payment bond, or performance bond on a contract financed by the federal government, a state government, a local government, a private entity, or a utility that the Public Service Commission regulates.

(b) The term of a guaranty under this part may not exceed the contract term, including:

(1) the maintenance or warranty period required by the contract; and

(2) the period during which the surety may be liable for latent defects.

(c) The Authority may vary the terms and conditions of a guaranty based on:

(1) the Authority’s history of experience with a surety; and

(2) any other factor the Authority considers relevant.
Md. Code, Public Safety § 5-139 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-139
§5–139.
Status: in_force

(a) A person may not knowingly give false information or make a material misstatement in a firearm application or in an application for a dealer’s license.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 3 years or a fine not exceeding $5,000 or both.
Md. Code, Estates and Trusts § 5-102 — MD Code / Article get / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

(a) Unless it is admitted to administrative or judicial probate, or recorded as provided in § 5–504 of this title, a will is ineffective to transfer property or to nominate a personal representative.

(b) Except for a foreign personal representative, a person may not qualify as or exercise the powers and duties of a personal representative unless the person has been appointed administratively or judicially.
Md. Code, Insurance § 5-708 — MD Code / Article gin / Title 5 / Subtitle 7 / Section 5-708
§5–708.
Status: in_force

(a) A deposit made by an insurer under this subtitle shall be released and returned:

(1) to the insurer when substantially all liability of the insurer that the deposit secures is extinguished by authorized reinsurance or otherwise;

(2) to the insurer, if solvent, to the extent that the deposit exceeds the amount required to be deposited under this article; or

(3) on order of a court of competent jurisdiction, to the receiver, conservator, rehabilitator, or liquidator of the insurer, or to any other properly designated official who succeeds to the management and control of the insurer’s assets.

(b) Except for a release made under subsection (a)(3) of this section, a release of deposited cash or government securities may be made only on application to and written order of the Commissioner.

(c) If the release is made in good faith, the Commissioner is not personally liable for the release of any deposit or part of a deposit.
Md. Code, Family Law § 5-504 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: in_force

(a) Foster parents in this State have the following rights:

(1) the right, at the initial placement, at any time during the placement of a child in foster care, and as soon as practicable after new information becomes available, to receive full information from the caseworker, except for information about the family members that may be privileged or confidential, on the physical, social, emotional, educational, and mental history of a child which would possibly affect the care provided by a foster parent;

(2) with regard to the local department case planning, the right to:

(i) except for meetings covered by the attorney-client privilege or meetings in which confidential information about the natural parents is discussed, be notified of, and when applicable, be heard at scheduled meetings and staffings concerning a child in order to actively participate, without superseding the rights of the natural parents to participate and make appropriate decisions regarding the child, in the case planning, administrative case reviews, interdisciplinary staffings, and individual educational planning and mental health team meetings;

(ii) be informed of decisions made by the courts or a child welfare agency concerning a child; and

(iii) provide input concerning the plan of services for a child and to have that input given full consideration by the local department; and

(3) the right to be given reasonable written notice, waived only in cases of a court order or when a child is determined to be at imminent risk of harm, of plans to terminate the placement of a child with a foster parent.

(b) This section does not create, and may not be construed to create, a cause of action for foster parents.
Md. Code, Natural Resources § 5-221 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-221
§5–221.
Status: in_force

§5–221. IN EFFECT

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

(2) “Fund” means the Park System Capital Improvements and Acquisition Fund.

(3) “Maryland Recreation Communication Boards Pilot Program” means the Maryland Recreation Communication Boards Pilot Program established under § 5–2B–03 of this title.

(b) There is a Park System Capital Improvements and Acquisition Fund.

(c) The purpose of the Fund is to provide funding for:

(1) Completing State projects related to capital improvements on lands managed by the Department for public purposes;

(2) Acquiring land to be managed by the Department for public purposes; and

(3) The Maryland Recreation Communication Boards Pilot Program in accordance with subsection (n)(4) of this section.

(d) The Secretary shall administer the Fund.

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

(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(f) The Fund consists of:

(1) Money appropriated in the State budget to the Fund;

(2) Interest earnings; and

(3) Any other money from any other source accepted for the benefit of the Fund.

(g) The Fund may be used only for:

(1) Completing State projects related to capital improvements on lands managed by the Department for public purposes;

(2) Acquiring land to be managed by the Department for public purposes; and

(3) Covering the costs of purchasing and installing a communication board under the Maryland Recreation Communication Boards Pilot Program.

(h) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any interest earnings of the Fund shall be credited to the Fund.

(i) Expenditures from the Fund may be made only in accordance with the State budget.

(j) Money expended from the Fund for capital improvements for State projects on lands managed by the Department for public purposes is:

(1) Supplemental to and is not intended to take the place of funding that otherwise would be appropriated for capital improvements for State projects on lands managed by the Department for public purposes and the acquisition of land by the Department that will be managed for public purposes; and

(2) Intended to:

(i) Expand public access on lands managed by the Department; and

(ii) Alleviate overcapacity within the State park system.

(k) For fiscal year 2024 only, the Governor shall include in the annual budget bill a General Fund appropriation in the amount of $36,873,928 to the Fund.

(l) The first $70,000,000 received by the Fund may be used only as follows:

(1) At least $5,000,000 for infrastructure projects that mitigate the effects of climate change, including:

(i) Flood barriers;

(ii) Forest buffers;

(iii) Green spaces;

(iv) Building elevation;

(v) Stormwater infrastructure;

(vi) Wetlands restoration; and

(vii) Addressing environmental justice concerns;

(2) At least $5,000,000 for historic preservation, in accordance with subsection (m) of this section;

(3) At least $20,000,000 for transportation improvements, including:

(i) Improving bike lanes and trails, increasing walkability, and expanding parking availability; and

(ii) Targeting transportation investments to avoid capacity shutdowns;

(4) At least $10,000,000 for increasing water access, including kayak and boat launches and areas for picnicking near water and swimming; and

(5) Up to $30,000,000 for land acquisition, including:

(i) Areas in the central and southern regions of the State that will:

1. Relieve overcrowding at existing State parks; and

2. Expand public access to State parks and outdoor recreation;

(ii) Sites of significance to the history of African American, Asian, Indigenous or Native American, and Hispanic or Latino populations in the State; and

(iii) Beachfront or waterfront property for public access.

(m) Funding for historic preservation under subsection (l) of this section shall be used to provide grants to, participate in cooperative agreements with, or use other financial instruments to fund the rehabilitation of State–owned historic resources in the Maryland State Park System performed by a nongovernmental organization capable of:

(1) Project management;

(2) Historic rehabilitation;

(3) Property development; or

(4) Public service corps management.

(n) If the Fund receives more than $70,000,000, the Department may use up to $10,000,000 for any of the purposes identified under subsection (l) of this section, including:

(1) Land activation;

(2) New structures;

(3) Any capital improvements necessary to make State parks accessible to people with disabilities, including providing adult changing tables; and

(4) Up to $100,000 for the Maryland Recreation Communication Boards Pilot Program.

§5–221. // EFFECTIVE JUNE 30, 2028 PER CHAPTER 568 OF 2024 //

(a) In this section, “Fund” means the Park System Capital Improvements and Acquisition Fund.

(b) There is a Park System Capital Improvements and Acquisition Fund.

(c) The purpose of the Fund is to provide funding for:

(1) Completing State projects related to capital improvements on lands managed by the Department for public purposes; and

(2) Acquiring land to be managed by the Department for public purposes.

(d) The Secretary shall administer the Fund.

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

(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(f) The Fund consists of:

(1) Money appropriated in the State budget to the Fund;

(2) Interest earnings; and

(3) Any other money from any other source accepted for the benefit of the Fund.

(g) The Fund may be used only for:

(1) Completing State projects related to capital improvements on lands managed by the Department for public purposes; and

(2) Acquiring land to be managed by the Department for public purposes.

(h) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any interest earnings of the Fund shall be credited to the Fund.

(i) Expenditures from the Fund may be made only in accordance with the State budget.

(j) Money expended from the Fund for capital improvements for State projects on lands managed by the Department for public purposes is:

(1) Supplemental to and is not intended to take the place of funding that otherwise would be appropriated for capital improvements for State projects on lands managed by the Department for public purposes and the acquisition of land by the Department that will be managed for public purposes; and

(2) Intended to:

(i) Expand public access on lands managed by the Department; and

(ii) Alleviate overcapacity within the State park system.

(k) For fiscal year 2024 only, the Governor shall include in the annual budget bill a General Fund appropriation in the amount of $36,873,928 to the Fund.

(l) The first $70,000,000 received by the Fund may be used only as follows:

(1) At least $5,000,000 for infrastructure projects that mitigate the effects of climate change, including:

(i) Flood barriers;

(ii) Forest buffers;

(iii) Green spaces;

(iv) Building elevation;

(v) Stormwater infrastructure;

(vi) Wetlands restoration; and

(vii) Addressing environmental justice concerns;

(2) At least $5,000,000 for historic preservation, in accordance with subsection (m) of this section;

(3) At least $20,000,000 for transportation improvements, including:

(i) Improving bike lanes and trails, increasing walkability, and expanding parking availability; and

(ii) Targeting transportation investments to avoid capacity shutdowns;

(4) At least $10,000,000 for increasing water access, including kayak and boat launches and areas for picnicking near water and swimming; and

(5) Up to $30,000,000 for land acquisition, including:

(i) Areas in the central and southern regions of the State that will:

1. Relieve overcrowding at existing State parks; and

2. Expand public access to State parks and outdoor recreation;

(ii) Sites of significance to the history of African American, Asian, Indigenous or Native American, and Hispanic or Latino populations in the State; and

(iii) Beachfront or waterfront property for public access.

(m) Funding for historic preservation under subsection (l) of this section shall be used to provide grants to, participate in cooperative agreements with, or use other financial instruments to fund the rehabilitation of State–owned historic resources in the Maryland State Park System performed by a nongovernmental organization capable of:

(1) Project management;

(2) Historic rehabilitation;

(3) Property development; or

(4) Public service corps management.

(n) If the Fund receives more than $70,000,000, the Department may use up to $10,000,000 for any of the purposes identified under subsection (l) of this section, including:

(1) Land activation;

(2) New structures; and

(3) Any capital improvements necessary to make State parks accessible to people with disabilities, including providing adult changing tables.
Md. Code, Criminal Procedure § 5-203 — MD Code / Article gcp / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

(a) (1) Subject to paragraphs (2) and (3) of this subsection, a circuit court may adopt rules setting the terms and conditions of bail bonds filed in that court and rules on the qualifications of and fees charged by bail bondsmen.

(2) Notwithstanding any other law or rule to the contrary, if expressly authorized by the court, a defendant or a private surety acting for the defendant may post a bail bond by executing it in the full penalty amount and depositing with the clerk of court the greater of 10% of the penalty amount or $25.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, if an order setting “cash bail” or “cash bond” specifies that it may be posted by the defendant only, the “cash bail” or “cash bond” may be posted by the defendant, by an individual, or by a private surety, acting for the defendant, that holds a certificate of authority in the State.

(ii) Unless otherwise ordered by the court, an order setting “cash bail” or “cash bond” for a failure to pay support under Title 10, Title 11, Title 12, or Title 13 of the Family Law Article may be posted by the defendant only.

(b) (1) A bail bond commissioner may be appointed to carry out rules adopted under this section.

(2) A violation of a rule adopted under this section is contempt of court and shall be punished in accordance with Title 15, Chapter 200 of the Maryland Rules.

(c) A person may not engage in the business of becoming a surety for compensation on bail bonds in criminal cases unless the person is:

(1) approved in accordance with any rules adopted under this section; and

(2) if required under the Insurance Article, licensed in accordance with the Insurance Article.
Md. Code, Education § 5-413 — MD Code / Article ged / Title 5 / Subtitle 4 / Section 5-413
§5–413.
Status: in_force

(a) On or before July 1 each year, beginning in 2022 and ending in 2031, the Maryland Longitudinal Data System Center, in consultation with the Department and the Maryland Higher Education Commission, shall submit a report to the Board, the Governor, and in accordance with § 2–1257 of the State Government Article, the General Assembly on the progress made in increasing the preparation and diversity of teacher candidates and new teachers in the State as required by the Blueprint for Maryland’s Future.

(b) The report required under subsection (a) of this section shall include:

(1) Data trends in:

(i) The number of applications to and acceptance by Maryland teacher education institutions and alternative programs that prepare educators, as a whole and disaggregated by gender, racial, and ethnic background;

(ii) Teacher quality as measured by the grades, class standing, and accountability test performance of students applying to and admitted to institutions and alternative programs;

(iii) The proportion of graduates of teacher education programs, including those graduates expecting to teach at the elementary school level, who have majored as undergraduates in the subjects they plan to teach to the total number of graduates of teacher education programs;

(iv) The proportion of new teachers hired in the State who were trained out of State to those trained in the State;

(v) The satisfaction of school district officials with newly hired teachers who have just graduated from Maryland institutions as determined by the school district officials’ responses to questions on a form the officials helped develop; and

(vi) The proportion of graduates of teacher education programs who pass required tests for licensure on the first attempt and after subsequent attempts;

(2) Measures taken to increase the proportion of highly qualified individuals from groups historically underrepresented in the teaching profession who apply to teacher education institutions;

(3) Measures taken to increase the number of high school graduates with very strong academic backgrounds who select teaching as a career;

(4) Measures taken to make teacher education in the underlying disciplines more rigorous;

(5) Measures taken to better align the programs of the teacher education institutions with State curriculum frameworks;

(6) Measures taken to improve the background of beginning teachers in research and research techniques;

(7) Implementation of more rigorous licensing standards and measures for new teachers in both mastery of the subject being taught and the methods for teaching it;

(8) Implementation of incentives to attract high–quality high school graduates into careers in teaching;

(9) Trends in the rates at which teachers are acquiring the credentials needed to advance up the career ladder, established under Title 6, Subtitle 10 of this article, including National Board Certification and higher steps on the ladder;

(10) Trends in the distribution of teachers along the steps of the career ladder;

(11) Trends in longevity in teaching in Maryland schools and, in particular, schools serving high proportions of historically underserved students;

(12) Trends in the number of teacher candidates of color hired by local school systems disaggregated by higher education institution and alternative teacher preparation program and the systems in which those new teachers were hired; and

(13) Trends in the number of teachers certified through alternative preparation programs that meet the requirements of the Blueprint for Maryland’s Future related to a longer practicum by school system.
Md. Code, Economic Development § 5-326 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-326
§5–326.
Status: in_force

(a) In this section, “minority business enterprise” has the meaning stated in § 14-301 of the State Finance and Procurement Article.

(b) (1) This section applies to financial assistance that exceeds $100,000.

(2) This section does not apply to financial assistance that is used solely to acquire real property or structures on real property.

(c) (1) If a local government that receives financial assistance has a program for promoting procurement opportunities among minority businesses that is acceptable to the Department, the local government shall apply the requirements of that program to procurement made with the proceeds of financial assistance.

(2) If the local government does not have a program that is acceptable to the Department under paragraph (1) of this subsection, the local government is subject to subsection (d) of this section.

(d) (1) An entity other than a local government, or a local government in accordance with subsection (c)(2) of this section, that receives financial assistance shall agree to include in the agreement providing the financial assistance a provision acceptable to the Department that would encourage the procurement from minority business enterprises of goods or services purchased with the proceeds from the financial assistance.

(2) In negotiating the provision required under paragraph (1) of this subsection, the Department shall take into account relevant factors, including:

(i) the intended use of the proceeds from the financial assistance; and

(ii) the feasibility of obtaining the required goods or services from minority business enterprises.

(e) The Department may require a recipient of financial assistance to submit to the Department a list, or an updated list, of the minority business enterprises from which goods or services were procured and the nature and cost of the goods or services.
Md. Code, Commercial Law § 5-106 — MD Code / Article gcl / Title 5 / Subtitle 1 / Section 5-106
§5–106.
Status: in_force

(a) A letter of credit is issued and becomes enforceable according to its terms against the issuer when the issuer sends or otherwise transmits it to the person requested to advise or to the beneficiary. A letter of credit is revocable only if it so provides.

(b) After a letter of credit is issued, rights and obligations of a beneficiary, applicant, confirmer, and issuer are not affected by an amendment or cancellation to which that person has not consented except to the extent the letter of credit provides that it is revocable or that the issuer may amend or cancel the letter of credit without that consent.

(c) If there is no stated expiration date or other provision that determines its duration, a letter of credit expires 1 year after its stated date of issuance or, if none is stated, after the date on which it is issued.

(d) A letter of credit that states that it is perpetual expires 5 years after its stated date of issuance, or if none is stated, after the date on which it is issued.
Md. Code, General Provisions § 5-204 — MD Code / Article ggp / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

(a) (1) A majority of the authorized membership of the Ethics Commission is a quorum.

(2) The Ethics Commission may act only on the affirmative vote of at least a majority of its authorized membership.

(b) The Ethics Commission shall meet at the call of the chair or a majority of the members then serving.

(c) Each member of the Ethics Commission is entitled to:

(1) compensation in accordance with the State budget; and

(2) reimbursement for reasonable and necessary expenses incurred in the discharge of official duties.

(d) (1) The Ethics Commission shall:

(i) appoint to serve at its pleasure:

1. an executive director;

2. a general counsel; and

3. a staff counsel; and

(ii) have other staff, including such counsel as may be required to advise persons who are subject to the jurisdiction of the Ethics Commission, in accordance with the State budget.

(2) The general counsel and the staff counsel of the Ethics Commission shall be individuals admitted to practice law in the State.

(e) The Ethics Commission may ask the Attorney General or Comptroller for professional assistance to assist in the performance of the Commission’s functions.
Md. Code, Estates and Trusts § 5-801 — MD Code / Article get / Title 5 / Subtitle 8 / Section 5-801
§5–801.
Status: in_force

(a) An interested person may file a petition for the admission of a copy of an executed will in accordance with this subtitle.

(b) Notice to interested persons of the filing of the petition is not required.
Md. Code, Human Services § 5-402 — MD Code / Article ghu / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

(a) There is a State funded Public Assistance to Adults Program in the Administration.

(b) The Program shall be:

(1) in effect in each county; and

(2) administered by the local departments in accordance with regulations that the Administration adopts.
Md. Code, General Provisions § 5-406 — MD Code / Article ggp / Title 5 / Subtitle 4 / Section 5-406
§5–406.
Status: reserved

(a) If the respondent is aggrieved by a final order of the Ethics Commission, the respondent may seek judicial review as provided in Title 10, Subtitle 2 of the State Government Article.

(b) (1) The order is stayed automatically until the time for seeking judicial review has expired.

(2) (i) The filing of a petition for judicial review does not automatically stay the enforcement of the order.

(ii) Except as otherwise provided by law, the Ethics Commission or the reviewing court may stay the enforcement of the order, under terms the Ethics Commission considers proper.

(c) The Ethics Commission may seek judicial enforcement and other relief as provided under Subtitle 9 of this title.
Md. Code, Family Law § 5-3A-35 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-35
§5–3A–35.
Status: in_force

(a) A court may enter an order for a child’s adoption under this subtitle only if:

(1) the child placement agency consents; and

(2) for a child who is at least 10 years old, the child consents.

(b) (1) (i) In this subsection, “disability” means:

1. a physical or mental impairment that substantially limits one or more of an individual’s major life activities;

2. a record of having a physical or mental impairment that substantially limits one or more of an individual’s major life activities; or

3. being regarded as having a physical or mental impairment that substantially limits one or more of an individual’s major life activities.

(ii) “Disability” shall be construed in accordance with the ADA Amendments Act of 2008, P.L. 110–325.

(2) A child placement agency may not withhold consent for the sole reason that:

(i) the race, religion, color, or national origin of a prospective adoptive parent differs from that of the child or parent; or

(ii) a prospective adoptive parent has a disability.

(c) Consent of a party to an adoption under this Part III of this subtitle is not valid unless:

(1) the consent is given in a language that the party understands;

(2) if given in a language other than English, the consent:

(i) is given before a judge on the record; or

(ii) is accompanied by the affidavit of a translator stating that the translation of the document of consent is accurate;

(3) the consent names the child;

(4) the consent contains enough information to identify the prospective adoptive parent; and

(5) the party has received written notice or on-the-record notice of:

(i) the revocation provisions in this section;

(ii) the search rights of adoptees and parents under § 5-3A-42 of this subtitle and the search rights of adoptees, parents, and siblings under Subtitle 4B of this title; and

(iii) the right to file a disclosure veto under § 5-3A-42 of this subtitle.

(d) (1) A child placement agency may revoke consent at any time within the later of:

(i) 14 days after the child placement agency signs the consent; or

(ii) 14 days after the adoption petition is filed.

(2) A child who is at least 10 years old may revoke consent at any time before a court enters an order of adoption under this subtitle.
Md. Code, State Personnel and Pensions § 5-213 — MD Code / Article gsp / Title 5 / Subtitle 2 / Section 5-213
§5–213.
Status: in_force

(a) Within 10 days after receiving a decision under § 5-212 of this subtitle, a complainant may appeal the decision in writing to the Secretary.

(b) Within 30 days after an appeal is received:

(1) the Coordinator:

(i) shall review the complaint and the decision being appealed;

(ii) may conduct any necessary investigation; and

(iii) shall recommend to the Secretary or designee a finding of whether a violation of this subtitle has occurred; and

(2) the Secretary or designee shall:

(i) take the action described in subsection (c)(1) or (c)(2) of this section; and

(ii) issue to the parties a written decision that includes notice of any remedial action taken.

(c) (1) If the Secretary or designee determines that a violation has not occurred, the Secretary or designee shall dismiss the complaint.

(2) If the Secretary or designee determines that a violation has occurred, the Secretary or designee shall take appropriate remedial action.

(d) As remedial action for a violation of § 5-208 of this subtitle, the Secretary or designee may:

(1) order the removal of detrimental information from the complainant's State personnel records;

(2) require the head of the principal unit to:

(i) hire, promote, or reinstate the complainant or end the complainant's suspension from employment;

(ii) award the complainant back pay up to the day of the violation;

(iii) grant the complainant leave or seniority;

(iv) take appropriate disciplinary action against any individual who caused the violation; or

(v) take any other remedial action that the Secretary or designee considers appropriate.

(e) The decision of the Secretary or designee is final.
Md. Code, Criminal Law § 5-617 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-617
§5–617.
Status: in_force

(a) A person may not distribute, attempt to distribute, or possess with intent to distribute a noncontrolled substance:

(1) that the person represents as a controlled dangerous substance;

(2) that the person intends for use or distribution as a controlled dangerous substance; or

(3) under circumstances where one reasonably should know that the noncontrolled substance will be used or distributed for use as a controlled dangerous substance.

(b) To determine if a person has violated this section, the court or other authority shall include in its consideration:

(1) whether the noncontrolled substance was packaged in a manner normally used to distribute a controlled dangerous substance illegally;

(2) whether the distribution or attempted distribution included an exchange of or demand for money or other property as consideration, and whether the amount of consideration was substantially greater than the reasonable value of the noncontrolled substance; and

(3) whether the physical appearance of the noncontrolled substance is substantially identical to that of a controlled dangerous substance.

(c) A person who violates this section is guilty of a felony and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $15,000 or both.

(d) It is not a defense to a prosecution under this section that the defendant believed that the noncontrolled substance was a controlled dangerous substance.
Md. Code, Tax - General § 5-101 — MD Code / Article gtg / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

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

(b) (1) “Alcoholic beverage” means a spirituous, vinous, malt, or fermented liquor, liquid, or compound that:

(i) is fit for beverage purposes; and

(ii) contains one–half of 1% or more of alcohol by volume.

(2) “Alcoholic beverage” includes:

(i) beer;

(ii) distilled spirits; and

(iii) wine.

(c) “Alcoholic beverage license” means an alcoholic beverage license or permit issued under the Alcoholic Beverages and Cannabis Article.

(d) (1) “Beer” means a brewed alcoholic beverage.

(2) “Beer” includes:

(i) ale;

(ii) porter;

(iii) stout;

(iv) hard cider, as defined in § 1–101(c) of the Alcoholic Beverages and Cannabis Article; and

(v) alcoholic beverages that contain:

1. 6% or less alcohol by volume, derived primarily from the fermentation of grain, with not more than 49% of the beverage’s overall alcohol content by volume obtained from flavors and other added nonbeverage ingredients containing alcohol; or

2. more than 6% alcohol by volume, derived primarily from the fermentation of grain, with not more than 1.5% of the beverage’s overall alcohol content by volume obtained from flavors and other added nonbeverage ingredients containing alcohol.

(e) “Consumer” means a person who buys, possesses, or transports an alcoholic beverage for a purpose other than selling the alcoholic beverage.

(f) “Direct wine shipper” has the meaning stated in § 2–142 of the Alcoholic Beverages and Cannabis Article.

(g) (1) “Distilled spirits” means a distilled alcoholic beverage.

(2) “Distilled spirits” includes:

(i) alcohol;

(ii) brandy;

(iii) cordials;

(iv) gin;

(v) liqueur;

(vi) rum;

(vii) vodka;

(viii) whiskey; and

(ix) solutions or mixtures of distilled spirits except fortified wines.

(h) “Manufacturer” means a person who operates within the State a place of business for blending, bottling, brewing, distilling, fermenting, or rectifying an alcoholic beverage.

(i) “Nonresident dealer” means a person who is required to obtain a nonresident dealer’s permit under § 2–124 of the Alcoholic Beverages and Cannabis Article.

(j) “Person” includes:

(1) this State or a political subdivision, unit, or instrumentality of this State;

(2) another state or a political subdivision, unit, or instrumentality of that state; and

(3) a unit or instrumentality of a political subdivision of this State or of another state.

(k) “Resident dealer” means a person who is required to obtain a resident dealer’s permit under § 2–125 of the Alcoholic Beverages and Cannabis Article.

(l) (1) “Retail dealer” means a person who buys an alcoholic beverage for sale to a consumer.

(2) “Retail dealer” includes a county department of liquor control, a liquor control board, or the Alcohol Beverage Services for Montgomery County that operates a dispensary.

(m) (1) “Wholesaler” means a person who buys or imports an alcoholic beverage for sale to another person for resale.

(2) “Wholesaler” includes a county department of liquor control, a liquor control board, or the Alcohol Beverage Services for Montgomery County that operates a wholesale dispensary.

(n) (1) “Wine” means a fermented alcoholic beverage.

(2) “Wine” includes:

(i) carbonated, flavored, imitation, sparkling, or still wine;

(ii) champagne;

(iii) cider;

(iv) fortified wine;

(v) perry;

(vi) sake; and

(vii) vermouth.
Md. Code, Family Law § 5-1203 — MD Code / Article gfl / Title 5 / Subtitle 12 / Section 5-1203
§5–1203.
Status: in_force

At an adjudicatory hearing on a petition for a child in need of assistance, if a local department requests substance abuse assessment and testing for a parent, a juvenile court shall order the assessment and testing unless the juvenile court finds compelling reasons not to order the assessment and testing and provides the reasons in writing.
Md. Code, State Finance and Procurement § 5-309 — MD Code / Article gsf / Title 5 / Subtitle 3 / Section 5-309
§5–309.
Status: in_force

The Department may exercise any power necessary and proper to discharge its duties.
Md. Code, Alcoholic Beverages and Cannabis § 5-303 — MD Code / Article gab / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

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

(2) “Keg” means a container of beer with a capacity of at least 4 gallons, which is designed to dispense beer directly from the container.

(3) “Keg license holder” means a person who holds a license that authorizes the person to sell beer in kegs at retail.

(b) A keg license holder may not sell or otherwise transfer, or offer to sell or otherwise transfer, the contents of a keg for off–premises consumption unless:

(1) the keg license holder provides to the purchaser a keg registration form approved and distributed by the Executive Director that is designed to be affixed to the keg and that indicates the name and address of the licensed establishment and a registration number;

(2) except as provided in § 26–103 of this article, the purchaser provides identification and completes and signs a registration form with the following information:

(i) the purchaser’s name and address as shown on the identification produced; and

(ii) the date of purchase; and

(3) the keg license holder affixes the completed registration form to the keg and retains a copy of the form for 30 days on the licensed premises.

(c) (1) On return of a registered keg from the purchaser, the keg license holder shall remove or obliterate the keg registration form affixed to the keg and note the removal and the date of the removal on the copy of the keg registration form retained by the keg license holder at the licensed premises.

(2) (i) If a keg is made of disposable packaging that does not have to be returned to the keg license holder, the keg license holder shall indicate on the keg registration form that the keg is disposable.

(ii) Disposal of empty kegs made of disposable packaging does not constitute obliteration of the keg registration form.

(d) Each local licensing board shall adopt regulations to carry out this section.

(e) A keg license holder may charge a keg registration fee to a purchaser.

(f) (1) A keg license holder who violates this section is subject to a fine not exceeding $100 or a suspension or revocation of the license, or both a fine and suspension or revocation.

(2) The existence of a completed registration form signed by the purchaser creates a presumption that the keg license holder has complied with the requirements of this section.
Md. Code, Commercial Law § 5-116 — MD Code / Article gcl / Title 5 / Subtitle 1 / Section 5-116
§5–116.
Status: in_force

(a) The liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction chosen by an agreement in the form of a record signed or otherwise authenticated by the affected parties in the manner provided in § 5-104 of this title or by a provision in the person’s letter of credit, confirmation, or other undertaking. The jurisdiction whose law is chosen need not bear any relation to the transaction.

(b) Unless subsection (a) of this section applies, the liability of an issuer, nominated person, or adviser for action or omission is governed by the law of the jurisdiction in which the person is located. The person is considered to be located at the address indicated in the person’s undertaking. If more than one address is indicated, the person is considered to be located at the address from which the person’s undertaking was issued. For the purpose of jurisdiction, choice of law, and recognition of interbranch letters of credit, but not enforcement of a judgment, all branches of a bank are considered separate juridical entities and a bank is considered to be located at the place where its relevant branch is considered to be located under this subsection.

(c) Except as otherwise provided in this subsection, the liability of an issuer, nominated person, or adviser is governed by any rules of custom or practice, such as the Uniform Customs and Practice for Documentary Credits, to which the letter of credit, confirmation, or other undertaking is expressly made subject. If (i) this title would govern the liability of an issuer, nominated person, or adviser under subsection (a) or (b) of this section, (ii) the relevant undertaking incorporates rules of custom or practice, and (iii) there is conflict between this title and those rules as applied to that undertaking, those rules govern except to the extent of any conflict with the nonvariable provisions specified in § 5-103(c) of this title.

(d) If there is conflict between this title and Title 3, 4, 4A, or 9, this title governs.

(e) The forum for settling disputes arising out of an undertaking within this title may be chosen in the manner and with the binding effect that governing law may be chosen in accordance with subsection (a) of this section.
Md. Code, Corporations and Associations § 5-5A-09 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-09
§5–5A–09.
Status: in_force

If a corporation chartered under the general corporation law of this State converts into a consumer cooperative and conducts itself according to the principles outlined in this subtitle, the board of directors of the corporation may by a majority vote adopt a name that includes the word “cooperative” or any variation or abbreviation thereof.
Md. Code, Human Services § 5-310 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-310
§5–310.
Status: in_force

§5–310. ** CONTINGENCY – IN EFFECT – CHAPTER 229 OF 2002 **

(a) (1) For a recipient that is an assistance unit that includes adults and children or minor parents and children, the amount of assistance shall be designated as follows:

(i) 75% for the child or children in the assistance unit; and

(ii) 25% for the adult member or members, or minor parent or parents of the assistance unit.

(2) For a recipient that is an assistance unit that includes only adults or a recipient who is a pregnant individual, 100% of the amount of assistance shall be designated for the adult member or members or the pregnant individual.

(3) For applicants to the FIP, the amount of assistance shall be computed by counting no more than 4 weeks of earned income in any month and disregarding 20% of that earned income.

(4) (i) Through fiscal year 2027, the first $100 of child support collected in a month for one child and the first $200 of child support collected in a month for two or more children shall pass through to the family and shall be disregarded in computing the amount of assistance.

(ii) For fiscal year 2028, the greater of $100 of any child support collected in a month for one child and $200 of child support collected in a month for two or more children or 25% of any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance.

(iii) For fiscal year 2029, the greater of $100 of any child support collected in a month for one child and $200 of child support collected in a month for two or more children or 50% of any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance.

(iv) For fiscal year 2030, the greater of $100 of any child support collected in a month for one child and $200 of child support collected in a month for two or more children or 75% of any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance.

(v) For fiscal year 2031 and each fiscal year thereafter, any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance.

(5) For eligible recipients who obtain unsubsidized employment, the amount of assistance shall be computed by counting no more than 4 weeks of earned income in any month and disregarding 40% of that earned income.

(b) A recipient who has established eligibility may not lose eligibility solely because one or more wage earners in the family unit works more than 100 hours per month.

(c) Two–parent families shall be exempt from any requirement that the principal wage earner must have worked for a specified time before applying to the FIP.

(d) (1) A child who is living with the child’s parent and a stepparent in a household in which the household income exceeds the State eligibility standard for assistance may receive assistance if:

(i) the requirements of § 5–308 of this subtitle are met; and

(ii) the parent and the child would be eligible for assistance, based on the income of the parent and that parent’s children.

(2) The amount of assistance to be paid under paragraph (1) of this subsection shall be computed with regard to the income of the stepparent if the total income of the stepparent equals or exceeds 50% of the official poverty level, adjusted for family size, established under the federal Community Services Block Grant Act.

(e) A dependent child over the age of 17 years is eligible for inclusion in the FIP grant if:

(1) the child is a full–time student in secondary school or the equivalent; and

(2) the education program is expected to be completed in the calendar year that the child attains the age of 19 years.

§5–310. ** CONTINGENCY – NOT IN EFFECT – CHAPTER 229 OF 2002 **

(a) (1) For a recipient that is an assistance unit that includes adults and children or minor parents and children, the amount of assistance shall be designated as follows:

(i) 75% for the child or children in the assistance unit; and

(ii) 25% for the adult member or members, or minor parent or parents of the assistance unit.

(2) For a recipient that is an assistance unit that includes only adults or a recipient who is a pregnant individual, 100% of the amount of assistance shall be designated for the adult member or members or the pregnant individual.

(3) For applicants to the FIP, the amount of assistance shall be computed by counting no more than 4 weeks of earned income in any month and disregarding 20% of that earned income.

(4) (i) Through fiscal year 2027, the first $100 of child support collected in a month for one child and the first $200 of child support collected in a month for two or more children shall pass through to the family and shall be disregarded in computing the amount of assistance.

(ii) For fiscal year 2028, the greater of $100 of any child support collected in a month for one child and $200 of child support collected in a month for two or more children or 25% of any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance.

(iii) For fiscal year 2029, the greater of $100 of any child support collected in a month for one child and $200 of child support collected in a month for two or more children or 50% of any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance.

(iv) For fiscal year 2030, the greater of $100 of any child support collected in a month for one child and $200 of child support collected in a month for two or more children or 75% of any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance.

(v) For fiscal year 2031 and each fiscal year thereafter, any child support collected in a month shall pass through to the family and shall be disregarded in computing the amount of assistance.

(5) For eligible recipients who obtain unsubsidized employment, the amount of assistance shall be computed by counting no more than 4 weeks of earned income in any month and disregarding 35% of that earned income.

(b) A recipient who has established eligibility may not lose eligibility solely because one or more wage earners in the family unit works more than 100 hours per month.

(c) Two–parent families shall be exempt from any requirement that the principal wage earner must have worked for a specified time before applying to the FIP.

(d) (1) A child who is living with the child’s parent and a stepparent in a household in which the household income exceeds the State eligibility standard for assistance may receive assistance if:

(i) the requirements of § 5–308 of this subtitle are met; and

(ii) the parent and the child would be eligible for assistance, based on the income of the parent and that parent’s children.

(2) The amount of assistance to be paid under paragraph (1) of this subsection shall be computed with regard to the income of the stepparent if the total income of the stepparent equals or exceeds 50% of the official poverty level, adjusted for family size, established under the federal Community Services Block Grant Act.

(e) A dependent child over the age of 17 years is eligible for inclusion in the FIP grant if:

(1) the child is a full–time student in secondary school or the equivalent; and

(2) the education program is expected to be completed in the calendar year that the child attains the age of 19 years.
Md. Code, Estates and Trusts § 5-401 — MD Code / Article get / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

(a) Judicial probate is a proceeding instituted by:

(1) The filing of a petition for probate by an interested person, or creditor, with the court for the probate of a will; or

(2) A determination of the intestacy of the decedent, and for the appointment of a personal representative.

(b) The proceeding is conducted after notice as provided in § 5–403 of this subtitle, and is final except as provided in § 5–406 of this subtitle.

(c) If no petition is filed within a reasonable time the register may file it with the approval of the court.
Md. Code, Courts and Judicial Proceedings § 5-401 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

(a) (1) A covenant, promise, agreement, or understanding in, or in connection with or collateral to, a contract or agreement relating to architectural, engineering, inspecting, or surveying services, or the construction, alteration, repair, or maintenance of a building, structure, appurtenance or appliance, including moving, demolition, and excavating connected with those services or that work, purporting to indemnify the promisee against liability for damages arising out of bodily injury to any person or damage to property caused by or resulting from the sole negligence of the promisee or indemnitee, or the agents or employees of the promisee or indemnitee, is against public policy and is void and unenforceable.

(2) A covenant, a promise, an agreement, or an understanding in, or in connection with or collateral to, a contract or an agreement relating to architectural, engineering, inspecting, or surveying services, or the construction, alteration, repair, or maintenance of a building, a structure, an appurtenance, or an appliance, including moving, demolition, and excavating connected with those services or that work, purporting to require the promisor or indemnitor to defend or pay the costs of defending the promisee or indemnitee against liability for damages arising out of bodily injury to any person or damage to property caused by or resulting from the sole negligence of the promisee or indemnitee, or the agents or employees of the promisee or indemnitee, is against public policy and is void and unenforceable.

(3) This subsection does not affect the validity of any insurance contract, workers’ compensation, any general indemnity agreement required by a surety as a condition of execution of a bond for a construction or other contract, or any other agreement issued by an insurer.

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

(ii) “Motor carrier” has the meaning stated in § 11–134.2 of the Transportation Article.

(iii) 1. “Motor carrier transportation contract” means a contract, agreement, or understanding concerning:

A. The transportation of property for compensation or hire by a motor carrier;

B. The entrance on property by a motor carrier for the purpose of loading, unloading, or transporting property for compensation or hire; or

C. A service incidental to an activity described in item A or B of this subsubparagraph, including storage of property.

2. “Motor carrier transportation contract” does not include:

A. The Uniform Intermodal Interchange and Facilities Access Agreement administered by the Intermodal Association of North America, as amended by the Intermodal Interchange Executive Committee; or

B. Other agreements providing for the interchange, use, or possession of intermodal chassis, containers, or other intermodal equipment.

(iv) “Promisee” includes an agent, employee, servant, or independent contractor who is directly responsible to the promisee, other than a motor carrier that is a party to a motor carrier transportation contract with the promisee, and an agent, employee, servant, or independent contractor directly responsible to that motor carrier.

(2) Notwithstanding any other provision of law, a provision, clause, covenant, or agreement contained in, collateral to, or affecting a motor carrier transportation contract that purports to indemnify, defend, or hold harmless, or has the effect of indemnifying, defending, or holding harmless, the promisee against liability for loss or damage resulting from the negligence or intentional acts or omissions of the promisee is against public policy and is void and unenforceable.
Md. Code, Education § 5-312.1 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-312.1
§5–312.
Status: in_force

§5–312.1.

(a) Beginning July 1, 2022, each school district shall adopt or update a school district energy policy.

(b) A school district energy policy must:

(1) Address the purchasing, conservation, and efficiency of energy for the school district;

(2) Provide for the monitoring and reporting of:

(i) The amount of electricity used from renewable energy sources;

(ii) The percentage of the school district’s annual electricity use that is from renewable energy sources; and

(iii) The school district’s overall electricity use by source and square foot; and

(3) Include current and historical data on the school district’s energy use by square foot.

(c) In adopting or updating a school district energy policy, each school district is encouraged to set targets to increase the school district’s use of renewable energy and reduce the school district’s greenhouse gas emissions.

(d) The school district energy policy shall be:

(1) Posted on the school district’s website; and

(2) Updated every 3 years.

(e) On or before January 1, 2022, the Interagency Commission shall coordinate with the Department of the Environment and the Maryland Energy Administration to develop a standardized reporting template that school districts can use to report on:

(1) The amount of electricity from renewable energy sources that the school district used;

(2) The percentage of the school district’s annual electricity use that is from renewable energy sources; and

(3) The school district’s overall electricity use by:

(i) Source;

(ii) Square foot; and

(iii) Individual school, if possible.
Md. Code, Human Services § 5-501.1 — MD Code / Article ghu / Title 5 / Subtitle 5 / Section 5-501.1
§5–501.
Status: in_force

§5–501.1.

(a) In this section, “child” means an individual who is under the age of 19 years at any time during a calendar year.

(b) (1) Subject to subsections (e) and (f) of this section, if a household includes an individual who receives a federally funded benefit under the food supplement program, the State shall provide matching funds to a county to supplement benefits received under § 5–501 of this subtitle for each child in the household.

(2) For each child in the household, the combined State and county supplement under paragraph (1) of this subsection shall equal at least:

(i) $30 per month in the months of June, July, and August; and

(ii) $10 in the month of December.

(c) (1) A supplement provided under subsection (b)(2)(i) of this section shall be added to the household food supplement program benefit account in June, July, and August.

(2) A supplement provided under subsection (b)(2)(ii) of this section shall be added to the household food supplement program benefit account in December.

(d) A household may not receive more than one supplement per child under subsection (b) of this section.

(e) (1) (i) To receive funding in the following fiscal year for the supplements under subsection (b) of this section, a county shall submit an application to the Department on or before the date established by the Department.

(ii) The application shall include the following information:

1. the number of program participants to be served;

2. the county’s commitment to conducting an evaluation to assess the effectiveness of the program;

3. certification of the availability of local share funds; and

4. any other relevant information required by the Department.

(2) (i) On or before the date established by the Department, the Department shall notify each county that submitted a complete application of the amount of funding available in the next fiscal year for supplements under subsection (b) of this section.

(ii) Receipt of available funding under subparagraph (i) of this paragraph is contingent on approval by the Department of a county’s final plan submitted in accordance with paragraph (3) of this subsection.

(3) On or before the date established by the Department, a county that is notified of available funding shall submit a final plan to the Department that includes:

(i) a communication plan, coordinated with the Department, to inform eligible families of the food supplement program and the supplements available under this section;

(ii) if funding is not sufficient to provide a minimum supplement of $100 to all children in the county receiving food supplement program benefits in the fiscal year, a designation of which children will be eligible to receive the supplements under this section;

(iii) the criteria used to determine eligibility under item (ii) of this paragraph; and

(iv) an evaluation plan to measure:

1. the impact of the supplements on recipients;

2. food supplement program participation; and

3. any other relevant information required by the Department.

(4) (i) The Department shall review a final plan submitted under paragraph (3) of this subsection and approve or reject the final plan.

(ii) The Department shall notify a county of its decision under subparagraph (i) of this paragraph on or before April 1.

(iii) If the Department rejects a county’s final plan, the county may submit a revised final plan for approval on or before April 15.

(iv) If the Department approves a county’s final plan, the Department shall certify the amount of funding that will be provided for the county in the following fiscal year.

(5) Each county with an approved final plan shall be awarded funding in accordance with subsection (f) of this section.

(f) (1) The State and local shares of funding required for a county with an approved final plan shall be equal to the State and local share percentages established by the State and local cost–share formula for that county required under § 5–303(d)(3)(i) of the Education Article.

(2) (i) Except as provided in subparagraph (ii) of this paragraph, in each fiscal year, the Department shall provide the State share of funds for each county with an approved final plan for the fiscal year in an amount equal to the product of:

1. the total amount of funds appropriated under subsection (g) of this section; and

2. the number of children in households that receive a federal benefit under the food supplement program in the county, divided by the total number of children in households that receive a federal benefit under the food supplement program in all counties with an approved final plan.

(ii) The amount of funds provided to a county under subparagraph (i) of this paragraph may not be greater than the State share amount that corresponds to the maximum available local share funds certified under subsection (e)(1)(ii)3 of this section.

(3) (i) A county may provide funding in addition to the funding required under paragraph (1) of this subsection to increase the number of supplements provided in the county.

(ii) Funding provided by a county under subparagraph (i) of this paragraph may not affect the amount of funding the Department is required to provide under paragraph (2) of this subsection.

(g) Subject to the State budget, the Department may use the funding the State is required to provide under subsection (b)(1) of this section to:

(1) provide funds to a county to supplement benefits; and

(2) offset administrative costs of the federal Summer Electronic Benefit Transfer Program.
Md. Code, Environment § 5-509.2 — MD Code / Article gen / Title 5 / Subtitle 5 / Section 5-509.2
§5–509.
Status: in_force

§5–509.2.

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

(2) “Dam owner” has the meaning stated in § 5–509 of this subtitle.

(3) (i) “Eligible cost” means any cost to be incurred by a dam owner for the repair, emergency repair, or permanent breach of a dam.

(ii) “Eligible cost” includes construction activities, engineering fees, demolition, excavation, stabilization, and related costs.

(4) “Fund” means the Private Dam Repair Fund.

(5) “Loan” means a private dam repair loan made in accordance with this section.

(6) “Private dam” means a dam that is not owned by the federal government, the State government, or a county or municipal government.

(7) “Unsafe condition” has the meaning stated in § 5–509 of this subtitle.

(b) (1) There is a Private Dam Repair Fund.

(2) The purpose of the Fund is to provide financial assistance for the repair, upgrade, or removal of private dams in accordance with this subtitle.

(3) The Maryland Water Infrastructure Financing Administration within the Department shall administer the Fund.

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

(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(d) The Fund consists of:

(1) Dam safety permit fees collected by the Department under § 5–203.2 of this title;

(2) Dam owner registration fees collected by the Department under § 5–509.1 of this subtitle;

(3) Payments received from borrowers for deposit into the Fund in repayment of loans issued under subsection (h) of this section, including any loan origination fees;

(4) Penalties distributed to the Fund under § 5–514(c)(2) of this subtitle;

(5) Funds appropriated in the State budget to the Fund;

(6) Interest earnings; and

(7) Any other money from any other source accepted for the benefit of the Fund.

(e) The Fund may be used only for:

(1) Providing financial assistance to private dam owners for Department–directed upgrades, repairs, or removals;

(2) Making loans in accordance with this section;

(3) Funding emergency repairs and removals of private dams performed by the Department; and

(4) Reimbursing the administrative cost to the Department of processing and issuing dam safety permits and performing the duties under § 5–509 of this subtitle.

(f) (1) The State Treasurer shall invest money of the Fund in the same manner as other State money may be invested.

(2) Any interest earnings of the Fund shall be credited to the Fund.

(g) Expenditures from the Fund may be made only in accordance with the State budget.

(h) (1) (i) Beginning July 1, 2028, the Department may provide loans from the Fund to owners of private dams for the purpose of repairing or removing private dams deemed to be in an unsafe condition by the Department.

(ii) Loans made under this subsection shall be administered by the Maryland Water Infrastructure Financing Administration in accordance with §§ 9–1604 and 9–1606 of this article.

(2) (i) The Department may establish criteria for awarding loans under the Fund.

(ii) Eligible applicants may include dam owners that:

1. Have an approved emergency action plan in accordance with § 5–503.1 of this subtitle;

2. Have had an inspection of the private dam performed by the Department that documents deficiencies in accordance with § 5–509 of this subtitle within the past 24 months;

3. Can demonstrate, with documentation, actions taken to address deficiencies indicated in inspection reports prepared by the Department; and

4. Have demonstrated an ability to repay a loan.

(3) Each loan may be in an amount that covers the reasonable and necessary eligible costs of a project, as determined by the Department, for which funds are sought by the applicant and that are not provided by other available sources.

(4) A dam owner may use multiple programs or sources to fund the repair or removal costs for a dam in an unsafe condition up to 100% of the costs.

(5) A dam owner seeking a loan shall submit a complete loan application to the Department on a form provided by the Department.

(6) The repayment period for a loan may not exceed 20 years.

(7) The loan shall be made at or below market interest rates.

(8) The Department may charge a loan origination fee that may be used for the reasonable cost of administering the loan program.

(9) If the Department determines that a dam owner does not have the financial resources to repay a loan granted under this subsection, the Department may, at the Department’s discretion, authorize partial forgiveness of the loan.

(10) Full repayment of the loan shall be required on sale or transfer of the property.

(11) (i) The Department may establish remedies for loan recipients who fail to meet repayment obligations under the loan terms.

(ii) In addition to any other action authorized by this subtitle, the Attorney General may bring an action to recover principal, interest, late fees and penalties, attorney’s fees, and costs from any loan recipient that defaults on the loan recipient’s obligations under the loan agreement.

(iii) 1. In the event of a default on a loan obligation issued under this subsection, the Department may place a lien against the property that, subject to the tax liens of the federal, State, and local governments, shall have the same priority and status as a lien of the State for unpaid taxes under §§ 14–804 and 14–805 of the Tax – Property Article.

2. The Department may exercise the same rights and powers in enforcing the lien and collecting funds for the payment of amounts in default under the loan obligation as the State may exercise in collecting unpaid taxes under Title 14, Subtitle 8 of the Tax – Property Article.

(12) The Department shall adopt regulations to carry out this subsection.

(i) On or before November 1, 2026, and each November 1 thereafter, the Department shall report to the Governor and, subject to § 2–1257 of the State Government Article, the General Assembly on:

(1) The status of the Fund;

(2) Revenues, encumbrances to, and expenditures from the Fund;

(3) A description of the projects funded by the Fund; and

(4) The number of applications for financial assistance from the Fund that were denied.
Md. Code, Family Law § 5-528 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-528
§5–528.
Status: in_force

If the costs are not reimbursable under the Maryland Medical Assistance Program, the Department shall reimburse a foster care provider for payment of the following medical costs for a child under foster care:

(1) prescription drugs;

(2) nonprescription drugs that are recommended by a physician;

(3) replacement of eyeglasses; and

(4) any other service that was covered by regulations under the Maryland Medical Assistance Program on December 31, 1975.
Md. Code, Courts and Judicial Proceedings § 5-1109 — MD Code / Article gcj / Title 5 / Subtitle 11 / Section 5-1109
§5–1109.
Status: in_force

(a) On acceptance by the Attorney General of a transferee’s application for registration as a structured settlement transferee, the transferee shall promptly:

(1) File with the Attorney General an irrevocable letter of credit in the amount of $100,000 issued by a financial institution;

(2) Deposit with the Attorney General cash in the amount of $100,000; or

(3) File with the Attorney General a bond that is:

(i) In favor of the State;

(ii) In the penal sum of $100,000; and

(iii) Executed by an authorized surety insurer.

(b) A bond shall remain in force until the surety insurer is released from liability by the Attorney General or until the bond is canceled by the surety insurer.

(c) The total liability of the surety insurer under a bond may not exceed the penal sum of the bond.

(d) (1) (i) The surety insurer may cancel a bond after filing a written notice with the Attorney General at least 30 days before the effective date of the cancellation.

(ii) A cancellation under this subsection does not affect any liability that accrued before the cancellation.

(2) After notification of the cancellation of the bond, the transferee shall act promptly to replace the bond.

(3) If the transferee fails to act promptly to replace the bond, the Attorney General may deny, suspend, or revoke the registration of the transferee until the required bond is filed.

(e) If, at any time, a structured settlement transferee fails to comply with subsection (a) of this section, the Attorney General may deny, suspend, or revoke the registration of the transferee until the transferee complies with subsection (a) of this section.
Md. Code, Courts and Judicial Proceedings § 5-710 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-710
§5–710.
Status: in_force

(a) In this section, “Board” means the State Board of Examiners of Nursing Home Administrators.

(b) A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
Md. Code, Corporations and Associations § 5-6B-22 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-22
§5–6B–22.
Status: in_force

(a) The provisions of this section relating to no–impact home–based businesses do not apply to a cooperative housing corporation that has adopted, prior to July 1, 1999, procedures in accordance with its articles of incorporation or a proprietary lease or a provision of its bylaws for the prohibition or regulation of no–impact home–based businesses.

(b) (1) Subject to the provisions of subsection (c) of this section, a provision in the articles of incorporation or a proprietary lease or a provision of the bylaws of a cooperative housing corporation that prohibits or restricts commercial or business activity in general, but does not expressly apply to no–impact home–based businesses, may not be construed to prohibit or restrict the establishment and operation of no–impact home–based businesses.

(2) Subject to the provisions of subsection (c) of this section, the operation of a no–impact home–based business shall be:

(i) Considered a residential activity; and

(ii) A permitted activity.

(c) (1) (i) Subject to the provisions of paragraphs (2) and (3) of this subsection, a cooperative housing corporation may include in its articles of incorporation, bylaws, or proprietary leases a provision expressly prohibiting the use of a residential unit as a no–impact home–based business.

(ii) A provision described under subparagraph (i) of this paragraph expressly prohibiting the use of a residential unit as a no–impact home–based business shall apply to an existing no–impact home–based business in the cooperative project.

(2) A provision described under paragraph (1)(i) of this subsection expressly prohibiting the use of a residential unit as a no–impact home–based business may not be enforced unless it is approved by a simple majority of the total eligible voters of the cooperative housing corporation under the voting procedures contained in the articles of incorporation or bylaws of the corporation.

(3) If a cooperative housing corporation includes in its articles of incorporation, bylaws, or proprietary leases a provision prohibiting the use of a residential unit as a no–impact home–based business, it shall also include a provision stating that the prohibition may be eliminated and no–impact home–based businesses may be approved by a simple majority of the total eligible voters of the cooperative housing corporation under the voting procedures contained in the articles of incorporation or bylaws of the corporation.

(4) If a cooperative housing corporation includes in its articles of incorporation, bylaws, or proprietary leases a provision expressly prohibiting the use of a residential unit as a no–impact home–based business, the prohibition may be eliminated and no–impact home–based business activities may be permitted by the approval of a simple majority of the total eligible voters of the cooperative housing corporation under the voting procedures contained in the articles of incorporation or bylaws of the corporation.

(d) A cooperative housing corporation may:

(1) Restrict or prohibit a no–impact home–based business in any areas constituting those portions of a cooperative project possessed in common by the members; and

(2) Impose a fee for use of any areas constituting those portions of a cooperative project possessed in common by the members in a reasonable amount not to exceed $50 per year on each no–impact home–based business operating in the cooperative project.
Md. Code, Insurance § 5-601 — MD Code / Article gin / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

Except for § 5-602 of this subtitle, this subtitle applies to domestic insurers other than life insurers.
Md. Code, Business Regulation § 5-206 — MD Code / Article gbr / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: in_force

A person shall have the immunity from liability described under § 5-720 of the Courts and Judicial Proceedings Article for giving information to the Director or otherwise participating in the activities of the Office.
Md. Code, Health - General § 5-1006 — MD Code / Article ghg / Title 5 / Subtitle 10 / Section 5-1006
§5–1006.
Status: in_force

(a) Meetings of the State team shall be closed to the public and are not subject to the Open Meetings Act.

(b) A member of the State team or an attendee of a State team meeting may not:

(1) Release to the public or the news media information discussed at meetings; or

(2) Except as provided in § 5–1007 of this subtitle, testify in any proceeding about details of a State team meeting, including any information presented at the meeting, or about opinions formed by the individual because of the meeting.

(c) Each member of the State team and any attendee of a meeting of the State team shall sign a statement indicating an understanding of and adherence to the State team’s confidentiality requirements, including any potential civil or criminal consequences for a breach of confidentiality under this section.
Md. Code, Natural Resources § 5-222 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-222
§5–222.
Status: in_force

(a) In this section, “Fund” means the Great Maryland Outdoors Fund.

(b) There is a Great Maryland Outdoors Fund in the Department.

(c) The purpose of the Fund is to:

(1) Support the Office of Outdoor Recreation in the Department;

(2) Provide resources to improve existing and create new outdoor recreation and outdoor environmental education opportunities;

(3) Implement the recommendations of the Maryland Outdoor Recreation Economic Commission to promote and grow the outdoor recreation sector in the State; and

(4) Promote and grow outdoor environmental education in the State.

(d) The Department shall administer the Fund.

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

(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(f) The Fund consists of:

(1) Money appropriated in the State budget to the Fund in accordance with subsection (j) of this section;

(2) Interest earnings of the Fund; and

(3) Any other money from any other source accepted for the benefit of the Fund.

(g) The Fund may be used only for:

(1) Implementing the recommendations of the Maryland Outdoor Recreation Economic Commission;

(2) Department projects and programs that provide, promote, and enhance outdoor recreation or outdoor environmental education opportunities in the State; and

(3) Awarding grants to destination marketing organizations for the purpose of promoting and marketing State parks.

(h) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any interest or investment earnings of the Fund shall be credited to the Fund.

(i) Expenditures from the Fund may be made only in accordance with the State budget.

(j) For fiscal year 2024 and each fiscal year thereafter, the Governor may include in the annual budget bill an appropriation not exceeding $3,000,000 to the Fund.

(k) Money expended from the Fund for existing programs in the Department that provide, promote, and enhance outdoor recreation or outdoor environmental education opportunities is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for those programs.
Md. Code, Corporations and Associations § 5-6B-06 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-06
§5–6B–06.
Status: in_force

(a) (1) An owner required to give notice under § 5–6B–05 of this subtitle shall offer in writing to each tenant entitled to receive that notice the right to purchase the cooperative interest which is coupled with the proprietary lease for that portion of the residential rental facility occupied by the tenant as the tenant’s residence. The offer shall be at a price and on terms and conditions at least as favorable as the price, terms, and conditions offered for the cooperative interest which is coupled with the proprietary lease for that portion of the residential rental facility to any other person during the 180–day period following the giving of the notice required by § 5–6B–05 of this subtitle. Settlement cannot be required any earlier than 120 days after the offer is accepted by the tenant.

(2) (i) The cooperative housing corporation shall adopt uniform objective standards concerning financial responsibility which shall apply to all tenants and initial purchasers.

(ii) The tenant’s acceptance of the owner’s offer is conditioned on the tenant meeting the financial standards established by the cooperative housing corporation under subparagraph (i) of this paragraph.

(3) The offer to each tenant shall be made concurrently with the giving of the notice required by § 5–6B–05 of this subtitle, shall be a part of that notice, and shall state that:

(i) The offer will terminate upon the earlier to occur of termination of the lease by the tenant or 60 days after delivery;

(ii) Acceptance of the offer by a tenant who meets the criteria for an extended lease under § 5–6B–07(b) of this subtitle is contingent upon the tenant not receiving an extended lease;

(iii) Settlement cannot be required earlier than 120 days after acceptance by the tenant; and

(iv) The household is entitled to reimbursement for moving expenses as provided in subsection (h) of this section.

(4) Delivery of a notice in the form specified in § 5–6B–05(f) of this subtitle meets the requirements of subsection (a) of this section.

(b) (1) Notwithstanding the provisions of subsection (a) of this section, an owner may make alterations or additions to the size, location, configuration, and physical condition of the residential rental facility. The developer is not required to make the boundaries of a portion of the residential rental facility occupied by a tenant as the tenant’s residence coincide with the boundaries of a proposed unit.

(2) If the boundaries of a portion of the residential rental facility occupied by a tenant as the tenant’s residence do not coincide with the boundaries of a proposed unit, then, to the extent reasonable and practicable, the owner shall offer in writing to that tenant the right to purchase a substantially equivalent cooperative interest. The offer shall be at a price and on terms and conditions at least as favorable as the price, terms, and conditions offered for the cooperative interest which is coupled with the proprietary lease for that portion of the residential rental facility to any other person and shall contain the statements required by paragraph (2) of subsection (a) of this section.

(c) Unless written acceptance of an offer made under subsection (a) or (b) of this section is first delivered to the owner by the tenant, the offer shall terminate, without further act, upon the earlier to occur of:

(1) Termination of the lease by the tenant; or

(2) 60 days after the offer is delivered to the tenant.

(d) Acceptance of an offer by a tenant who meets the criteria for an extended lease under § 5–6B–07 of this subtitle shall be contingent upon the tenant not receiving an extended lease.

(e) (1) Except as provided in paragraph (2) of this subsection, if the offer terminates, the owner may not offer to sell that cooperative interest at a price or on terms and conditions more favorable to the offeree than the price, terms, and conditions offered to the tenant during the 180–day period following the giving of the notice required by § 5–6B–05 of this subtitle.

(2) The owner may reoffer to sell that cooperative interest to the tenant on terms and conditions more favorable to the offeree, and if the owner does so, the offer shall supersede the first offer.

(f) Within 75 days after the giving of the notice required by § 5–6B–05 of this subtitle, the developer shall provide to any county, incorporated municipality, or housing agency which has a right to purchase cooperative interests in the residential rental facility under § 5–6B–09 of this subtitle a list of the names and units of all tenants who have validly accepted offers made under this section within 60 days of the giving of the notice required by § 5–6B–05 of this subtitle, except those offers which have terminated because of the granting of an extended lease under § 5–6B–07 of this subtitle.

(g) If a membership certificate for a unit contains an affidavit by the issuer or transferor that the provisions of this section have been fulfilled, then the holder or transferee takes title to the cooperative interest free and clear of all claims and rights of a person arising under this section.

(h) (1) If the household does not accept the purchase offer made under this section, the owner shall:

(i) If the household qualifies as to income under § 5–6B–07 of this subtitle, pay the household $375 when the household vacates the unit and reimburse the household for moving expenses in excess of $375 up to $750 which are actually and reasonably incurred; or

(ii) If the household does not qualify as to income under § 5–6B–07 of this subtitle, reimburse the household for moving expenses up to $750 which are actually and reasonably incurred.

(2) The household shall make a written request for moving expense reimbursement to the developer, accompanied by reasonable evidence of the costs incurred, within 30 days after moving. The developer shall reimburse the household within 30 days following receipt of the request.
Md. Code, Family Law § 5-3B-09 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-09
§5–3B–09.
Status: in_force

A party to a case under this subtitle may appeal to the Appellate Court of Maryland from an interlocutory or final order.
Md. Code, Environment § 5-604 — MD Code / Article gen / Title 5 / Subtitle 6 / Section 5-604
§5–604.
Status: in_force

(a) Every person is required to obtain a permit from the Department before conducting any geothermal resource exploratory activities. The applicant for this permit must have the legal right to use the surface. The permit is obtained upon written application to the Department.

(b) The application shall state the intended location of exploration, give assurance of the applicant’s right to use the surface for exploration, provide an exploratory work program, and provide any information requested by the Department.

(c) The Department may approve an application if the Department determines that:

(1) The applicant is qualified to conduct exploratory work;

(2) The applicant will comply with all applicable laws; and

(3) The applicant’s work program provides adequate protection for the natural resources of the State.

(d) The permit required by this section shall be in lieu of any permit required by Subtitle 5 of this title or Title 9, Subtitle 13 of this article.
Md. Code, Economic Development § 5-1606 — MD Code / Article gec / Title 5 / Subtitle 16 / Section 5-1606
§5–1606.
Status: in_force

In accordance with § 2.5–109 of this article, the Department shall submit a report on the effectiveness of the Program.
Md. Code, Agriculture § 5-403 — MD Code / Article gag / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

The Secretary may execute work undertaken pursuant to this subtitle by contract or open account, as he deems to be in the State’s best interest.
Md. Code, Economic Development § 5-408 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-408
§5–408.
Status: in_force

(a) The members of the Authority are also the members of the Maryland Economic Development Assistance Authority under § 5-306 of this title.

(b) The members of the Authority may act concurrently in their capacities as members of the Authority and of the Maryland Economic Development Assistance Authority.

(c) The members of the Authority shall carry out the powers and duties of the Authority under this subtitle whether acting:

(1) concurrently as members of the Authority and the Maryland Economic Development Assistance Authority; or

(2) as members of either authority alone.
Md. Code, Tax - General § 5-303 — MD Code / Article gtg / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

(a) For a container of distilled spirits that is one-half pint or larger, the alcoholic beverage tax shall be paid by the purchase of tax stamps from the Comptroller or by an alternate method approved by the Comptroller, in the manner and at the time that the Comptroller requires by regulation.

(b) A manufacturer or a wholesaler shall affix tax stamps to each container of distilled spirits of one-half pint or larger before the container is removed from the manufacturer’s or wholesaler’s place of business for delivery to a retail dealer in the State.

(c) The Comptroller may allow tax stamps to be bought on a credit basis.

(d) A manufacturer or wholesaler who obtains tax stamps:

(1) is responsible to the Comptroller for the tax stamps; and

(2) is required to pay the value of the tax stamps whether they are used, lost, or, unless proof of destruction is made to the Comptroller, destroyed.
Md. Code, Transportation § 5-406 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-406
§5–406.
Status: in_force

(a) With the approval of the Secretary, the Administration may sell, lease, or otherwise dispose of any property that it acquires under this subtitle.

(b) The Administration shall dispose of its property in accordance with the laws of this State governing the disposition of State property generally.
Md. Code, Economic Development § 5-453 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-453
§5–453.
Status: in_force

(a) The purpose of the Program is to stimulate economic and employment growth in rural areas of the State with high unemployment.

(b) (1) The Program shall assist eligible businesses to obtain a loan at below market rates.

(2) An eligible business may use a Program loan to acquire land, buildings, and equipment.

(3) An acquisition made by an eligible business with a Program loan shall be used to create or retain employment opportunities in a rural area.
Md. Code, Natural Resources § 5-402 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

The Department may plant trees along the roadsides, make rules and regulations governing the planting, care for and protect any roadside tree, and establish one or more State forest nurseries for the propagation of trees for any roadside planting.
Md. Code, Health - General § 5-513 — MD Code / Article ghg / Title 5 / Subtitle 5 / Section 5-513
§5–513.
Status: reserved

(a) On taking custody of the body of a decedent in accordance with all authorizations required by law, a funeral establishment, crematory, or reduction facility shall maintain the body in a manner that provides for complete coverage of the body and prevents leakage or spillage except during:

(1) Identification, embalming, or preparation of an unembalmed body for final disposition;

(2) Restoration and dressing of a body in preparation for final disposition;

(3) If applicable, placement inside a contained chamber or vessel without an external visual exposure during the process of alkaline hydrolysis or natural organic reduction; and

(4) Viewing during a visitation or funeral service.

(b) If the unembalmed body of a decedent is to be stored for more than 48 hours before final disposition, a funeral establishment, crematory, or reduction facility shall maintain the body with refrigeration and at a temperature determined by regulation.

(c) (1) If a funeral establishment, crematory, or reduction facility cannot secure the body of a decedent or cannot store the body as required in subsection (b) of this section due to an unforeseen circumstance, the funeral establishment, crematory, or reduction facility shall notify the State Board of Morticians and Funeral Directors or the Office of Cemetery Oversight and the person authorized to arrange for the final disposition of the body under § 5–509 of this subtitle.

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

(i) Be made within 24 hours after the occurrence of the unforeseen circumstance; and

(ii) Include the name and location of the facility where the body is being transferred, the reason for the transfer, and the method of storage.

(d) The body of a decedent may not be embalmed or artificially preserved without:

(1) The express permission of the person authorized to arrange for the final disposition of the body under § 5–509 of this subtitle; or

(2) A court order.

(e) A funeral establishment, crematory, or reduction facility shall store the body of a decedent until final disposition at:

(1) A funeral establishment licensed under Title 7 of the Health Occupations Article;

(2) A crematory or reduction facility licensed under Title 7 of the Health Occupations Article;

(3) A crematory or reduction facility permitted under Title 5 of the Business Regulation Article; or

(4) Another facility that has passed an inspection with the State Board of Morticians and Funeral Directors or the Office of Cemetery Oversight within the past 2 years.

(f) A funeral establishment, crematory, reduction facility, or transportation service may not transport or store the body of a decedent together with animal remains in the same confined space.

(g) (1) Except as provided in paragraph (2) of this subsection, while the body of a decedent is in the custody of a funeral establishment, crematory, or reduction facility in the State, the body may not be transported for preparation or storage to a facility that is not within the jurisdiction of the State, licensed by the State Board of Morticians and Funeral Directors, or permitted by the Office of Cemetery Oversight.

(2) The body of a decedent may be transported for preparation or storage to a facility that is not within the jurisdiction of the State, licensed by the State Board of Morticians and Funeral Directors, or permitted by the Office of Cemetery Oversight if:

(i) The facility has entered into a written agreement with the State Board of Morticians and Funeral Directors or the Office of Cemetery Oversight to allow the State to make unannounced inspections of the facility; and

(ii) The person authorized to arrange for the final disposition of the body under § 5–509 of this subtitle:

1. Has given written permission for the body to be transported to the facility; or

2. A. Has given oral permission for the body to be transported to the facility; and

B. Within 36 hours after giving oral permission, provides written verification of the oral permission.
Md. Code, Public Safety § 5-144 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-144
§5–144.
Status: in_force

(a) Except as otherwise provided in this subtitle, a dealer or other person may not:

(1) knowingly participate in the illegal sale, rental, transfer, purchase, possession, or receipt of a regulated firearm in violation of this subtitle; or

(2) knowingly violate § 5–142 of this subtitle.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $10,000 or both.

(c) Each violation of this section is a separate crime.
Md. Code, Agriculture § 5-111 — MD Code / Article gag / Title 5 / Subtitle 1 / Section 5-111
§5–111.
Status: in_force

(a) Any pesticide distributed in the State may be proceeded against in the circuit court of any county, where it is found and seized for confiscation by libel of information, if the pesticide:

(1) Is adulterated or misbranded;

(2) Is not registered; or

(3) Fails to bear on its label the information required by this subtitle.

(b) After entry of the decree of condemnation, the pesticide shall be destroyed or sold, as the court directs. If the pesticide is sold, the proceeds, less legal costs, shall be paid to and deposited in the fund established in § 6–501 of this article. The pesticide may not be sold contrary to the provision of this subtitle. Upon payment of costs and execution and delivery of a good and sufficient bond conditioned that the pesticide may not be disposed of unlawfully, the court may order the pesticide delivered to its owner for relabeling or reprocessing.

(c) If a decree of condemnation is entered against the pesticide, court costs, fees, storage, and other proper expenses shall be awarded against any person, intervening as claimant of the pesticide.
Md. Code, Environment § 5-203 — MD Code / Article gen / Title 5 / Subtitle 2 / Section 5-203
§5–203.
Status: in_force

(a) The Department has general supervisory power, regulation, and control over the water resources of the State within the boundaries of the tidal waters as provided in this article.

(b) The Department shall exercise to the fullest extent possible the State’s responsibility for its water resources by planning and supervising multiple purpose development and conservation of the waters of the State for the State’s best interests and benefit. The Department shall develop a general water resources program which contemplates proper conservation and development of the waters of the State, in a manner compatible with multiple purpose management on a watershed or aquifer basis, or any other appropriate geographical unit. The program shall recognize and be consistent with functions of other State units. The Department shall be guided by the program in the performance of its duties.

(c) The Department may make or cause to be made surveys, maps, investigations, and studies of water resources of the State necessary to provide sufficient information to formulate a program and perform its duties. The Department may contract for research or scientific investigation with the Natural Resources Institute of the University of Maryland, the Chesapeake Bay Institute of The Johns Hopkins University, or other appropriate research organizations.

(d) The Department may operate, sell, buy, lease, exchange, rent, or repair any vehicle, vessel, boat, net, or other equipment necessary for its work. The Department may furnish a vehicle, vessel, or boat which the Department owns or operates with any required arms, ammunition, or equipment. The Department’s authority under this subsection is subject to the provisions of the code relating to budget and procurement.

(e) In addition to powers and duties stated in this title, the Department may exercise authority reasonably necessary to carry out the purposes of this title.

(f) (1) The Department may issue orders for corrective measures to any person who the Department believes to be violating any provision of this title or any regulation adopted under this title.

(2) The person to whom an order is issued may, on request, contest the order in a hearing before the Department. The Department, by regulation, shall adopt procedures by which the hearings are held.

(3) A court action for violation of the terms of an order may not be instituted unless the violator has had opportunity for an administrative hearing. However, regardless of whether an order for corrective measures has been issued, the Department at any time may refer an alleged violation of this title or any regulation adopted under this title directly to the Attorney General for appropriate court action. This subsection does not prevent the Attorney General from taking immediate action against the violator.
Md. Code, Courts and Judicial Proceedings § 5-1203 — MD Code / Article gcj / Title 5 / Subtitle 12 / Section 5-1203
§5–1203.
Status: reserved

(a) A debt buyer or a collector acting on behalf of a debt buyer may not initiate a consumer debt collection action unless the debt buyer or collector possesses all of the documents listed in subsection (b)(3) of this section.

(b) (1) This subsection applies to a consumer debt collection action, including a small claim action under § 4–405 of this article, that is maintained by a debt buyer or a collector acting on behalf of a debt buyer.

(2) In addition to any other requirement of law or rule, unless the action is resolved by judgment on affidavit, a court may not enter a judgment in favor of a debt buyer or a collector unless the debt buyer or collector introduces into evidence the documents specified in paragraph (3) of this subsection in accordance with the rules of evidence applicable to actions that are not small claims actions brought under § 4–405 of this article.

(3) A debt buyer or a collector on behalf of a debt buyer shall introduce the following evidence in a consumer debt collection action:

(i) Proof of the existence of the debt or account made by a certified or otherwise properly authenticated photocopy or original of at least one of the following:

1. A document signed by the debtor evidencing the debt or the opening of the account;

2. A bill or other record reflecting purchases, payments, or other actual use of a credit card or an account by the debtor; or

3. An electronic printout or other documentation from the original creditor establishing the existence of the account and showing purchases, payments, or other actual use of a credit card or an account by the debtor;

(ii) If there was a document evidencing the terms and conditions to which the consumer debt was subject, a certified or otherwise properly authenticated photocopy of the original document applicable to the consumer debt unless:

1. The consumer debt is an unpaid balance due on a credit card;

2. The original creditor is or was a financial institution subject to regulation by the federal Financial Institutions Examination Council or a constituent federal agency of the Council; and

3. The claim does not include a demand or request for attorney’s fees or interest on the charge–off balance;

(iii) Documentation indicating that the debt buyer or collector acting on behalf of the debt buyer owns the consumer debt, including:

1. A chronological listing of the names of all prior owners of the debt and the date of each transfer of ownership of the debt, beginning with the name of the original creditor; and

2. A certified or other properly authenticated copy of the bill of sale or other document that transferred ownership of the debt to each successive owner, including the debt buyer or collector, with each bill of sale or other document that transferred ownership containing specific reference to the debt;

(iv) Documentation of the identification and nature of the debt or account, including:

1. The name of the original creditor;

2. The full name of the debtor as it appears on the original account;

3. The last four digits of the Social Security number of the debtor appearing on the original account, if known;

4. The last four digits of the original account number; and

5. The nature of the consumer transaction, such as utility expenses, credit card, consumer loan, retail installment sales agreement, service, or future services;

(v) If the claim is based on a future services contract, evidence that the debt buyer or collector is entitled to an award of damages under that contract;

(vi) If there has been a charge–off of the debt or account, documentation of:

1. The date of the charge–off;

2. The charge–off balance;

3. An itemization of any fees or charges claimed by the debt buyer or collector in addition to the charge–off balance;

4. An itemization of all payments received after the charge–off and other credits to which the debtor is entitled; and

5. The date of the last payment on the consumer debt or the last transaction giving rise to the consumer debt;

(vii) If there has been no charge–off of the debt or account:

1. An itemization of all money claimed by the debt buyer or collector that:

A. Includes principal, interest, finance charges, service charges, late fees, and other fees or charges added to the principal by the original creditor and, if applicable, by subsequent assignees of the consumer debt; and

B. Accounts for any reduction in the amount of the claim by virtue of any payment made or other credit to which the defendant is entitled;

2. A statement of the amount and date of the consumer transaction giving rise to the consumer debt or, in instances of multiple transactions, the amount and date of the last transaction; and

3. A statement of the amount and date of the last payment on the consumer debt; and

(viii) A list of all Maryland collection agency licenses that the debt buyer or collector currently holds and, as to each license:

1. The license number;

2. The name appearing on the license; and

3. The date of issue of the license.
Md. Code, Business Occupations and Professions § 5-315 — MD Code / Article gbo / Title 5 / Subtitle 3 / Section 5-315
§5–315.
Status: in_force

(a) Except as otherwise provided in § 10–226 of the State Government Article, before the Board takes any final action under § 5–314 of this subtitle or § 5–608.1 of this title, it shall give the individual against whom the action is contemplated an opportunity for a hearing before the Board.

(b) The Board shall give notice and hold the hearing in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) The hearing notice to be given to the individual shall be served at least 5 days before the hearing.

(d) The individual may be represented at the hearing by counsel.

(e) (1) The Board may issue a subpoena for the attendance of a witness to testify or the production of evidence in connection with any proceeding under this section.

(2) A subpoena issued under this subsection shall be served by:

(i) certified mail; or

(ii) the sheriff of the county where the person to be served resides or has a principal place of business.

(f) If, after due notice, the individual against whom the action is contemplated fails or refuses to appear, nevertheless the Board may hear and determine the matter.
Md. Code, Human Services § 5-5A-05 — MD Code / Article ghu / Title 5 / Subtitle 5A / Section 5-5A-05
§5–5A–05.
Status: in_force

The Office exercises its authority, duties, and functions under any State law subject to the authority of the Secretary under any State law.
Md. Code, Natural Resources § 5-206 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: in_force

(a) The Secretary may commission any person to act as a forest or park warden, subject to removal at any time at the pleasure of the Secretary. While holding office, a warden has and may exercise the authority and power of a Natural Resources police officer or a law enforcement officer as provided in his commission so far as arresting and prosecuting persons for violations of any forest or park laws or of the laws, rules and regulations enacted for the protection of the State forestry reservations, State parks, historic monuments, recreation areas, or for the protection of fish and game.

(b) The Secretary shall, within the limits of any appropriation made for this purpose, commission forest, park, and wildlife rangers as the Secretary deems necessary for the enforcement of laws and regulations as provided in this subsection. All appointments shall be made from a list of eligible persons prepared in accordance with the provisions of the State Personnel and Pensions Article. An employee so commissioned and assigned law enforcement duties has and may exercise the powers of a Natural Resources police officer or a law enforcement officer of the State. These powers may be exercised upon:

(1) Properties owned by the State and managed by the Department;

(2) Railroad rights–of–way and utility properties which are not owned by the State, but which traverse properties owned by the State and managed by the Department;

(3) All public and private properties which are within the boundaries of State properties managed by the Department;

(4) All waters of the State within one mile of the shoreline of all properties owned by the Department;

(5) All public and private property adjoining property owned by the State and managed by the Department;

(6) All park property in Maryland owned by the federal government;

(7) All roadways within the boundaries of or that portion of roadway adjoining properties owned by the State and managed by the Department; and

(8) Any property in Maryland for the purpose of executing a warrant that has resulted from law enforcement activities on property on which a forest, park, and wildlife ranger may exercise law enforcement powers.

(c) A park ranger who is not commissioned as a law enforcement officer under subsection (b) of this section may issue a citation for a parking violation on:

(1) Property owned by the State and managed by the Department;

(2) Public and private property that is within the boundaries of State property managed by the Department;

(3) Public and private property that adjoins property owned by the State and managed by the Department; and

(4) A roadway within the boundaries of, or that portion of a roadway that adjoins, property owned by the State and managed by the Department.

(d) In exercising the powers granted under subsection (b) of this section, the law enforcement officer shall make every attempt to minimize delay of the operations of railroads and all utilities.

(e) Unless the Department has a signed memorandum of understanding with the law enforcement agency with primary jurisdiction over the property, a forest, park, and wildlife ranger may not exercise law enforcement powers under the provisions of subsection (b)(3) and (5) of this section.

(f) All forest, park, and wildlife rangers, including persons appointed for training prior to regular assignment as a ranger, shall remain in a probationary status for a period of 2 years from the date of initial appointment. The Secretary may discharge an employee in probationary status for any cause which is deemed sufficient in the sole discretion of the Secretary.

(g) (1) Whenever Natural Resources police officers receive a salary increase, forest and park rangers in the State Forest and Park Service shall receive a salary increase in the same percentage as the salary increase received by Natural Resources police officers.

(2) Whenever Natural Resources police officers receive a grade or step increase, forest and park rangers in the State Forest and Park Service shall receive an equal grade or step increase.

(h) Subject to § 1–107 of this article, in cases of inconsistency between this subtitle and the provisions of the State Personnel and Pensions Article, the provisions of this subtitle shall control as to all matters relating to Natural Resources law enforcement officers.
Md. Code, Family Law § 5-1012 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1012
§5–1012.
Status: in_force

(a) At any time before the case is called for trial, the defendant may file a written answer to the complaint.

(b) The answer need not be in any particular form.

(c) The court shall enter a general denial of the complaint on behalf of the defendant if the defendant does not:

(1) file a written answer; or

(2) admit the material allegations of the complaint in open court.

(d) To ensure that the defendant understands the nature and substance of the complaint, the court shall read or explain the complaint to the defendant if the defendant:

(1) appears for trial without filing a written answer; or

(2) files a written answer admitting the complaint and is not represented by counsel.
Md. Code, Economic Development § 5-342 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-342
§5–342.
Status: in_force

(a) In addition to providing money from the Fund to assist in creating and expanding child care facilities in the State under other provisions of this subtitle, the Department may use federal or other money provided for the purpose to make child care special loans.

(b) Child care special loans may be made to finance the expansion or improvement of child care services at child care facilities in the State, in accordance with this part.

(c) All money received by the Fund for making child care special loans shall be accounted for separately, including:

(1) federal money allocated or granted for child care special loans, including child care and development block grant money;

(2) private money donated or granted to the Fund for child care special loans;

(3) premiums, fees, interest payments, and principal payments on child care special loans made with federal money;

(4) proceeds from the sale, disposition, or lease of collateral that relates to child care special loans;

(5) any other money made available for child care special loans; and

(6) any federal money for child care special loans that are used by the Department to pay costs of administering the child care special loans.
Md. Code, Family Law § 5-1309 — MD Code / Article gfl / Title 5 / Subtitle 13 / Section 5-1309
§5–1309.
Status: in_force

(a) The Department shall enter into a memorandum of understanding with an entity that has expertise in child welfare best practices to assist in the development and implementation of a local department self-assessment process to monitor the quality of:

(1) child welfare services provided by the local departments; and

(2) the management of the child welfare system by the Administration.

(b) A local department self-assessment shall be conducted every 3 years.

(c) In conducting the self-assessment, a local department shall be required to:

(1) incorporate the results from the outcome measures in §§ 5-1303 through 5-1306 of this subtitle;

(2) incorporate the results of the quality assessment of casework services in § 5-1308 of this subtitle; and

(3) consider the results of the case reviews conducted by the Citizens’ Review Board for Children.

(d) After a local department self-assessment is accepted by the Administration, the local departments shall develop a plan to:

(1) maintain performance that meets standards;

(2) strengthen areas needing improvement; and

(3) describe how areas needing improvement will be addressed and how improvements will be measured.

(e) The Secretary shall adopt regulations governing the local department self-assessment process, including:

(1) the development of quality assurance procedures;

(2) performance standards;

(3) the timing of the assessment;

(4) the scope of the assessment;

(5) the process by which the Administration may accept or reject the local assessment and the plan;

(6) the process by which the Administration shall monitor the implementation of the local plans described in subsection (d) of this section; and

(7) the process by which the Administration shall use the assessments of the local departments to develop the statewide assessment under Title 45 § 1355.33(b) of the Code of Federal Regulations.

(f) (1) The Department shall enter into a memorandum of understanding with an entity with expertise in child welfare best practices to collect and maintain information necessary to conduct a local department self–assessment and statewide assessment.

(2) Any unit of State government substantively involved with abused or neglected children may contribute information to the entity provided in paragraph (1) of this subsection.
Md. Code, Business Regulation § 5-504 — MD Code / Article gbr / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: in_force

A certificate, under seal of a sole proprietor registered cemeterian, permit holder, or other cemetery owner, of ownership of a burial lot or crypt has the same effect as a conveyance of real property that is executed, acknowledged, and recorded as required by law.
Md. Code, Economic Development § 5-2305 — MD Code / Article gec / Title 5 / Subtitle 23 / Section 5-2305
§5–2305.
Status: in_force

§5–2305. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2027 PER CHAPTERS 430 AND 431 OF 2023 //

(a) There is a Build Our Future Grant Fund.

(b) The Department shall administer the Fund.

(c) The purpose of the Fund is to provide grants for infrastructure projects to support innovation in eligible technology sectors under this subtitle.

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

(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(e) The Fund consists of:

(1) money appropriated in the State budget to the Fund;

(2) any interest earnings of the Fund; and

(3) any other money from any other source accepted for the benefit of the Fund.

(f) (1) The Fund may be used to:

(i) provide grants in accordance with this subtitle; and

(ii) pay the administrative costs of the Program.

(2) During each fiscal year, the Department may use not more than 10% of the money appropriated to the Fund to administer the Program.

(g) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any interest earnings of the Fund shall be credited to the Fund.

(h) Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code, Public Safety § 5-313 — MD Code / Article gps / Title 5 / Subtitle 3 / Section 5-313
§5–313.
Status: in_force

(a) A person may not fail to return a revoked permit.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 1 year or a fine of not less than $100 or exceeding $1,000 or both.
Md. Code, Corporations and Associations § 5-127 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-127
§5–127.
Status: in_force

The Department may revoke the certificate of authority of a foreign professional corporation authorized to transact business in the State if a licensing unit with jurisdiction over a professional service described in the corporation’s articles of incorporation certifies to the Department that the corporation has violated or is violating a provision of this subtitle and describes the violation.
Md. Code, Corporations and Associations § 5-304 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-304
§5–304.
Status: in_force

(a) The trustees shall file articles of incorporation for record with the Department.

(b) The articles of incorporation shall contain:

(1) The plan of the church;

(2) The address of the principal place of worship of the church; and

(3) The name and address of the resident agent of the church.

(c) When the Department accepts the articles of incorporation for record, the trustees become a body corporate under the name stated in the articles.
Md. Code, Natural Resources § 5-214 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-214
§5–214.
Status: in_force

(a) The Department shall develop a system for long-range renewable forest resources planning. The public and private forest land resources of Maryland, including, but not limited to, wood fiber, forest recreation, wildlife, fish, forest watershed, and wilderness potential, shall be examined and inventoried periodically. As part of the forest resource planning process, the Department periodically shall develop, review and revise a resource plan that should help to provide for a sustained yield of forest resource benefits for the citizens of Maryland. The forest resource plan shall be made available for public and legislative review and comment.

(b) To ensure the availability and compatibility of planning data, scientific information and funding, the Department shall cooperate with the U.S. Department of Agriculture in forest resource planning efforts as provided for in the Forest and Rangelands Renewable Resources Planning Act of 1974 and the Cooperative Forestry Assistance Act of 1978.

(c) The Department may accept federal funds and may provide cost share funds to cooperative governments.
Md. Code, Corporations and Associations § 5-6B-11 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-11
§5–6B–11.
Status: in_force

Deposits taken in connection with the sale by a developer of cooperative interests with respect to units intended for residential use shall be deposited or held in an escrow account in the same manner as provided in § 10-301 of the Real Property Article in the case of sales of new, uncompleted single family units, unless a corporate surety bond is obtained and maintained as provided in § 10-301 of the Real Property Article.
Md. Code, Courts and Judicial Proceedings § 5-521 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-521
§5–521.
Status: in_force

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

(2) “Department” means the Department of Economic Competitiveness and Commerce.

(3) “Eligible business” has the meaning stated in § 5–451 of the Economic Development Article.

(4) “Lender” has the meaning stated in § 5–451 of the Economic Development Article.

(b) The Department and the State are not liable to any lender for payment of the principal or interest on a loan to an eligible business in accordance with § 5–451 of the Economic Development Article.
Md. Code, Courts and Judicial Proceedings § 5-636 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-636
§5–636.
Status: in_force

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

(2) “Chiropractor” has the meaning stated in § 3-101 of the Health Occupations Article.

(3) “License” has the meaning stated in § 3-101 of the Health Occupations Article.

(4) “Licensed chiropractor” has the meaning stated in § 3-101 of the Health Occupations Article.

(b) A licensed chiropractor is not civilly liable for reviewing the fees or charges for services of another licensed chiropractor in this or any other state if:

(1) The records are received by the chiropractor from an insurance company solely for the purpose of evaluating whether excessive treatment or service was furnished; and

(2) The chiropractor acts:

(i) In good faith; and

(ii) Within the scope of the chiropractor’s license.
Md. Code, Education § 5-601 — MD Code / Article ged / Title 5 / Subtitle 6 / Section 5-601
§5–601.
Status: in_force

The provisions of this subtitle do not apply to a county otherwise authorized to issue bonds to fund public school construction under other provisions of the Code.
Md. Code, Family Law § 5-346 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-346
§5–346.
Status: in_force

(a) Within 5 days after a petition for adoption of a child is filed under this Part IV of this subtitle with a juvenile court, the clerk shall send a copy of the petition, with the notice of filing that was attached to the petition, to:

(1) the local department; and

(2) the child’s last attorney of record in the guardianship case.

(b) Notice under this section shall be by first-class mail.
Md. Code, Education § 5-328 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-328
§5–328.
Status: in_force

(a) (1) In this section, “waste disposal infrastructure” means a physical waste disposal line located where food is distributed that allows a student to efficiently and properly dispose of waste at the end of a meal.

(2) “Waste disposal infrastructure” includes:

(i) A place for the disposal of:

1. Trash;

2. Recyclables; and

3. Food scraps; and

(ii) A sink for liquid waste.

(b) The Interagency Commission shall adopt regulations that require a county board to include waste disposal infrastructure in the design documents submitted to the Interagency Commission for the construction of a new school building utilizing State funding.
Md. Code, Business Regulation § 5-604 — MD Code / Article gbr / Title 5 / Subtitle 6 / Section 5-604
§5–604.
Status: in_force

(a) A trustee appointed under this subtitle must be:

(1) a national banking association;

(2) a bank, as defined in the Maryland Uniform Fiduciaries Act;

(3) a savings bank insured by a unit of the federal government;

(4) a savings and loan association insured by a unit of the federal government; or

(5) a person who annually provides, with the trust report, the proof of a fidelity bond that meets the requirements of subsection (b) of this section from a recognized bonding institution authorized to do business in the State in an amount equal to the trust fund.

(b) The fidelity bond provided under subsection (a)(5) of this section shall be:

(1) for the benefit of the trust account of the cemetery or its burial space owners or both;

(2) conditioned such that the applicant shall comply with all Maryland laws and regulations relating to trust accounts; and

(3) subject to the approval of the Director.

(c) A trustee may not use any perpetual care trust funds required to be held in trust in accordance with this subtitle to:

(1) purchase an interest in any contract or agreement to which the registrant, permit holder, or any other person subject to the trust requirements of this subtitle, or any entity owned or under the control of a registrant, permit holder, or any other person subject to the trust requirements of this subtitle, or a spouse, child, parent, or sibling of a registrant or any other person subject to the trust requirements of this subtitle is a party; or

(2) make any loan or direct or indirect investment of any kind:

(i) to any registrant, permit holder, or any other person subject to the trust requirements of this subtitle or to any spouse, child, parent, or sibling of a registrant or any other person subject to the trust requirements of this subtitle;

(ii) to or in any entity or business operations owned or under the control of a registrant, permit holder, or any other person subject to the trust requirements of this subtitle, or a spouse, child, parent, or sibling of a registrant or any other person subject to the trust requirements of this subtitle;

(iii) on or in any real property of a cemetery, or the buildings or structures appurtenant to the property; or

(iv) in any permanent improvements of a cemetery or its facilities.
Md. Code, Courts and Judicial Proceedings § 5-509 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-509
§5–509.
Status: in_force

(a) In this section, “official” includes a member of the governing body of a special taxing district.

(b) This section applies to a special taxing district that:

(1) Is a unit of government responsible for an area situated solely within a single county;

(2) Has a governing body elected independently of the county government;

(3) Is financed with revenues secured wholly or partly from special taxes or assessments imposed on real property situated in the district;

(4) Performs municipal services for the residents of the district; and

(5) Was not created for a limited or special purpose.

(c) (1) Subject to paragraph (2) of this subsection, an official of a special taxing district, while acting in a discretionary capacity, without malice, and within the scope of the official’s authority, is immune in an official or individual capacity from civil liability for any act or omission.

(2) An official of a special taxing district is not immune from liability for negligence or any other tort that arises from the operation of a motor vehicle except as to any claim for damages in excess of the limits of any applicable policy of motor vehicle liability insurance.

(d) (1) Subject to paragraph (2) of this subsection, a special taxing district shall provide a defense for an official of the special taxing district for any act or omission that is without malice and that arises within the scope of the official’s authority.

(2) A special taxing district shall provide only a defense for an official of the special taxing district for negligence or any other tort that arises from the operation of a motor vehicle as to any claim for damages in excess of the limits of any applicable policy of motor vehicle liability insurance.

(e) A special taxing district may spend revenues for the purposes specified in this section.
Md. Code, Natural Resources § 5-1220 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1220
§5–1220.
Status: in_force

The Nature Conservancy may submit to the Department a proposal outlining an area in which the Nature Conservancy has secured or is considering securing title or other legal interest. The proposal shall include the location, acreage, explanation of planned use, and explanation of values which make the acreage of interest to the State.
Md. Code, Economic Development § 5-202 — MD Code / Article gec / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

(a) Financial assistance from the Fund may be approved by the Secretary or the Secretary’s designee.

(b) The exercise by the Department of the powers granted under this subtitle is the performance of an essential governmental function.
Md. Code, Corporations and Associations § 5-653 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-653
§5–653.
Status: in_force

A mortgage, deed of trust, security agreement, or other security instrument affecting real or personal property, or both, executed by a cooperative or foreign corporation doing business in the State under this subtitle is governed by the Real Property Article or by Title 9 of the Maryland Uniform Commercial Code, or both, as applicable.
Md. Code, Corporations and Associations § 5-507 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-507
§5–507.
Status: in_force

(a) Any Maryland corporation organized under the Maryland General Corporation Law which does or intends to do business on a cooperative basis may convert itself into a cooperative by amending and restating its charter in accordance with Title 2, Subtitle 6 of this article.

(b) The articles of amendment and restatement shall:

(1) State that the corporation elects to become a cooperative under this subtitle;

(2) Make every change in the charter necessary to become a cooperative; and

(3) Contain a complete restatement of the charter as amended.
Md. Code, Alcoholic Beverages and Cannabis § 5-301 — MD Code / Article gab / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

(a) A person who supplies or sells beer to a wholesaler for resale to retail dealers shall provide to the wholesaler written information stating the approximate percentage of alcohol content by volume per sealed package or sealed container for each brand of beer supplied or sold to the wholesaler.

(b) A beer wholesaler shall provide to each beer retail dealer with whom it does business the written information it receives under subsection (a) of this section regarding the beer supplied to the retail dealer.

(c) The penalty provisions of § 6–402 of this article do not apply to a violation of this section.
Md. Code, Family Law § 5-4A-05 — MD Code / Article gfl / Title 5 / Subtitle 4A / Section 5-4A-05
§5–4A–05.
Status: in_force

(a) (1) A child with special needs who resides in this State and who is the subject of an adoption assistance agreement with another state shall be entitled to receive a medical assistance identification from this State upon filing with the Administration a certified copy of the adoption assistance agreement obtained from the adoption assistance state which certifies to the eligibility of the child for medical assistance.

(2) The adoptive parents shall be required at least annually to show that the adoption assistance agreement is still in force or has been renewed.

(b) The Administration shall consider the holder of a medical assistance identification pursuant to this section the same as any other holder of a medical assistance identification under the laws of this State and shall process and make payment on claims on account of the holder in the same manner and pursuant to the same conditions and procedures as for other recipients of medical assistance.

(c) (1) This section shall apply only to medical assistance for children under adoption assistance agreements from states that provide medical assistance to children with special needs under adoption assistance agreements made by this State.

(2) All other children entitled to medical assistance pursuant to adoption assistance agreements entered into by this State shall be eligible to receive it in accordance with the applicable laws and procedures.
Md. Code, State Finance and Procurement § 5-303 — MD Code / Article gsf / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

To promote the health, safety, and general welfare of the citizens of the State, the Department shall prepare, recommend, and periodically revise a balanced, integrated program for the development and effective use of the natural and other resources of the State.
Md. Code, Health Occupations § 5-206 — MD Code / Article gho / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: reserved

(a) There is a State Board of Dietetic Practice Fund.

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

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

(3) Funds to cover the 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 of the State.

(2) The Comptroller shall distribute the funds to the State Board of Dietetic Practice 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 by the provisions of this article.

(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 article.

(4) Except as otherwise provided by law, no other State money may be used to support the Fund.

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

(2) Moneys in the Fund may be expended only for any lawful purpose authorized under the provisions of this article.

(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, Corporations and Associations § 5-501 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

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

(b) “Agricultural cooperative” means a corporation organized or converted under this subtitle, which operates for the mutual benefit of its members and conforms to the following requirements:

(1) A member of the cooperative is not allowed more than one vote, regardless of the amount of stock or membership capital he may own;

(2) The cooperative does not pay dividends on stock or membership capital in excess of 12 percent per annum;

(3) The cooperative does not deal in products of nonmembers in an amount greater in value than that in which it deals for members; and

(4) After payment of every necessary expense and authorized deduction, the proceeds from the business of the cooperative are distributed to the members in proportion to the volume of business transacted by them with the cooperative.

(c) “Member” means a person who:

(1) Owns stock in a cooperative having capital stock; or

(2) Holds a certificate of membership in a cooperative not having capital stock.
Md. Code, Insurance § 5-201.1 — MD Code / Article gin / Title 5 / Subtitle 2 / Section 5-201.1
§5–201.
Status: in_force

§5–201.1.

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

(2) “Accident and health insurance contract” means a contract, as specified in the valuation manual, that:

(i) incorporates morbidity risk; and

(ii) provides protection against economic loss resulting from accident, sickness, or medical conditions.

(3) “Appointed actuary” means a qualified actuary who is appointed in accordance with the valuation manual to issue an opinion required by this section.

(4) “Company” means an entity that:

(i) 1. has written, issued, or reinsured life insurance policies, accident and health insurance contracts, or deposit–type contracts in the State; and

2. has at least one of the policies or contracts specified in item 1 of this item in force or on claim; or

(ii) 1. has written, issued, or reinsured life insurance policies, accident and health insurance contracts, or deposit–type contracts in any state; and

2. is required to hold a certificate of authority to write life insurance policies, accident and health insurance contracts, or deposit–type contracts in this State.

(5) “Deposit–type contract” means a contract, as specified in the valuation manual, that does not incorporate mortality or morbidity risks.

(6) (i) “Life insurance policy” means a policy, as specified in the valuation manual, that incorporates mortality risk.

(ii) “Life insurance policy” includes:

1. an annuity contract; and

2. a pure endowment contract.

(7) “Operative date of the valuation manual” means the date determined in accordance with § 5–313 of this title.

(8) “Qualified actuary” means an individual who:

(i) is qualified to sign the applicable statement of actuarial opinion in accordance with the American Academy of Actuaries qualification standards for actuaries signing such statements; and

(ii) meets the requirements specified in the valuation manual.

(9) “Valuation manual” means the manual of valuation instructions adopted by the National Association of Insurance Commissioners in the manner specified in § 5–313(b)(1) of this title.

(b) This section applies to each company that, on or after the operative date of the valuation manual:

(1) has outstanding life insurance policies, accident and health insurance contracts, or deposit–type contracts in the State; and

(2) is subject to regulation by the Commissioner.

(c) (1) A company subject to this section shall submit annually the opinion of an appointed actuary as to whether the reserves and related actuarial items held in support of the company’s life insurance policies, accident and health insurance contracts, and deposit–type contracts are:

(i) computed appropriately;

(ii) based on assumptions that satisfy contractual provisions;

(iii) consistent with prior reported amounts; and

(iv) in compliance with applicable laws of the State.

(2) The valuation manual shall prescribe the contents of the opinion and any other items considered necessary to the scope of the opinion.

(d) (1) Except as exempted in the valuation manual, a company subject to this section shall include with the opinion required by subsection (c) of this section an additional opinion of the same appointed actuary, stating whether the reserves and related actuarial items that are held in support of the company’s life insurance policies, accident and health insurance contracts, and deposit–type contracts are adequate to meet the company’s obligations under the life insurance policies, accident and health insurance contracts, and deposit–type contracts, in light of the assets held with respect to the reserves and related actuarial items.

(2) The obligations of a company under its life insurance policies, accident and health insurance contracts, and deposit–type contracts include benefits to be provided and associated expenses that may reasonably be expected.

(3) In reviewing the assets held by a company with respect to the reserves and related actuarial items, the appointed actuary shall consider the expected investment earnings on the assets and other consideration that the company expects to receive and retain under the company’s life insurance policies, accident and health insurance contracts, and deposit–type contracts.

(e) (1) A memorandum shall be prepared to support each opinion required under this section.

(2) The supporting memorandum shall be:

(i) in the form and contain the information that is specified in the valuation manual; and

(ii) acceptable to the Commissioner.

(3) The Commissioner may engage a qualified actuary at the expense of a company subject to this section to review each opinion and the basis for the opinion and prepare a supporting memorandum if:

(i) the company fails to provide a supporting memorandum, at the request of the Commissioner, within the period specified in the valuation manual; or

(ii) the Commissioner determines that the supporting memorandum that the company provides fails to meet the standards prescribed by the valuation manual or is otherwise unacceptable to the Commissioner.

(f) (1) Each opinion required by this section shall:

(i) be in the form and contain the information that is specified in the valuation manual;

(ii) be acceptable to the Commissioner;

(iii) be submitted with the annual statement required by this article;

(iv) reflect the valuation of the reserve liabilities of a company subject to this section for each year ending on or after the operative date of the valuation manual;

(v) apply to all life insurance policies, accident and health insurance contracts, and deposit–type contracts subject to subsection (d) of this section and any other actuarial liabilities as may be specified in the valuation manual; and

(vi) be based on standards adopted by the Actuarial Standards Board and any additional standards as may be prescribed in the valuation manual.

(2) For a foreign company or an alien company, the Commissioner may accept an opinion that the foreign or alien company files with the insurance supervisory official of another state if the Commissioner determines that the opinion reasonably meets the requirements applicable to a company domiciled in this State.

(g) Except for fraud or willful misconduct, an appointed actuary is not liable for damages to any person other than the company or the Commissioner for any act, error, omission, decision, or conduct related to the appointed actuary’s opinion.

(h) The Commissioner shall adopt regulations to establish disciplinary action against a company or an appointed actuary that violates this section.
Md. Code, Family Law § 5-1041 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1041
§5–1041.
Status: in_force

(a) A court order under this subtitle is enforceable in the same manner and to the same extent as any other order of an equity court in this State.

(b) If an individual fails to make a support payment ordered under this subtitle, the individual shall be served with an order that directs the individual to show cause why that individual should not be held in contempt.

(c) (1) The court shall issue a warrant for the arrest of any individual who:

(i) fails to appear in response to a show–cause order served on the individual under this section; or

(ii) cannot be served with the show–cause order.

(2) A warrant issued under this subsection shall be issued as provided in § 5–1014 of this subtitle.

(d) If the court finds that an individual has failed to make a support payment ordered under this subtitle while having the means to pay, the court:

(1) shall find the individual guilty of civil contempt; and

(2) may order the individual imprisoned until the individual complies with the support order or otherwise purges the contempt.
Md. Code, Family Law § 5-526 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-526
§5–526.
Status: in_force

(a) (1) The Department shall provide for the care, diagnosis, training, education, and rehabilitation of children by placing them in group homes and institutions that are operated by for-profit or nonprofit charitable corporations.

(2) Any group home utilized under the provisions of this section shall comply with the provisions of §§ 5-507 through 5-509 of this subtitle and § 7-309 of the Education Article.

(3) The department that licenses the group home shall notify any group home utilized under the provisions of this section of the requirements of § 7-309 of the Education Article.

(b) (1) The Department shall reimburse these corporations for the cost of these services at appropriate monthly rates that the Department determines, as provided in the State budget.

(2) The reimbursement rate may differ between homes and institutions that provide intermediate services, as defined by the Department, and homes and institutions that provide full services.

(c) The Department, or the Department’s designee, may not place a child in a residential group home or other facility that is not operating in compliance with applicable State licensing laws.
Md. Code, Local Government § 5-211 — MD Code / Article glg / Title 5 / Subtitle 2 / Section 5-211
§5–211.
Status: in_force

(a) A municipality may adopt regulations regarding the erection of buildings and signs in the municipality, including:

(1) a building code; and

(2) requirements for building permits.

(b) A municipality may provide for the inspection of and require repairs to the following on private property:

(1) drainage and sewage systems;

(2) electric lines and wires;

(3) gas pipes;

(4) plumbing apparatus; and

(5) water pipes.
Md. Code, Courts and Judicial Proceedings § 5-115 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-115
§5–115.
Status: in_force

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

(2) “Foreign jurisdiction” means a state, other than this State, territory, or possession of the United States, the District of Columbia, the Commonwealth of Puerto Rico, or a foreign country.

(3) (i) “Manufacturer” means a designer, assembler, fabricator, constructor, compounder, producer, or processor of a product or its component parts.

(ii) “Manufacturer” includes an individual or entity not otherwise a manufacturer that imports a product or otherwise holds itself out as a manufacturer.

(4) “Product” means a tangible article, including attachments, accessories, and component parts, and accompanying labels, warnings, instructions, and packaging.

(5) “Seller” means a wholesaler, distributor, retailer, or other individual or entity other than a manufacturer that is regularly engaged in the selling of a product whether the sale is for resale by the purchaser or is for sale to or consumption by the ultimate consumer.

(b) If a cause of action against a manufacturer or seller of a product for personal injury allegedly caused by a defective product arose in a foreign jurisdiction and by the laws of that jurisdiction the cause of action may not be maintained by reason of a lapse of time, an action may not be maintained in this State, except in favor of one who is a resident of this State.

(c) This section may not be applied to a cause of action:

(1) That was precluded, for any period of time, from being filed before July 1, 1991 by operation of law or a court order; or

(2) For wrongful death described under Title 3, Subtitle 9 of this article.
Md. Code, Criminal Law § 5-701 — MD Code / Article gcr / Title 5 / Subtitle 7 / Section 5-701
§5–701.
Status: in_force

(a) Sections 5–701 through 5–704 of this subtitle apply to:

(1) the sale of prescription drugs by a manufacturer, wholesale distributor, retail pharmacist, or jobber to a person not legally qualified or authorized to purchase and hold prescription drugs for use or resale; and

(2) an authorized provider’s assistant who is not licensed to administer prescription drugs.

(b) A person may not dispense a prescription drug except:

(1) on an authorized provider’s:

(i) electronic prescription;

(ii) written prescription; or

(iii) oral prescription that the pharmacist reduces to writing and files; or

(2) by refilling a written prescription, an electronic prescription, or an oral prescription that is authorized:

(i) by the authorized provider in the original prescription; or

(ii) by oral direction that the pharmacist reduces to writing and files.

(c) A person may not dispense a prescription drug by filling or refilling a written prescription, an electronic prescription, or an oral prescription of an authorized provider unless the drug bears a label that, in addition to any requirements of the Department or federal law, contains:

(1) the name and address of the dispenser;

(2) the serial number and date of the prescription;

(3) the name of the authorized provider; and

(4) if stated in the prescription, the name and address of the patient and the directions for use.

(d) Except as otherwise provided under this title, a person may not:

(1) manufacture, distribute, or possess with intent to distribute a prescription drug;

(2) affix a false or counterfeit label to a package, container, or other receptacle containing a prescription drug;

(3) omit, remove, alter, or obliterate a label or symbol that is required by federal, State, or local law on a prescription drug; or

(4) obtain or attempt to obtain a prescription drug by:

(i) fraud, deceit, or misrepresentation;

(ii) the counterfeiting or altering of a prescription or written order;

(iii) concealing a material fact;

(iv) using a false name or address;

(v) falsely assuming the title of or falsely representing that the person is a manufacturer, distributor, or authorized provider; or

(vi) making or issuing a false or counterfeit prescription or written order.

(e) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $1,000 or both.
Md. Code, Labor and Employment § 5-315 — MD Code / Article gle / Title 5 / Subtitle 3 / Section 5-315
§5–315.
Status: in_force

(a) The Commissioner shall keep in the office of the Commissioner a set of the current regulations adopted to carry out this title.

(b) (1) The Commissioner may set a fee for the cost to prepare and mail a copy of the current regulations.

(2) On request and payment of the fee, if any, the Commissioner shall send a person a copy of the current regulations.
Md. Code, Courts and Judicial Proceedings § 5-105 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-105
§5–105.
Status: in_force

An action for assault, libel, or slander shall be filed within one year from the date it accrues.
Md. Code, Courts and Judicial Proceedings § 5-711 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-711
§5–711.
Status: in_force

(a) In this section, “Board” means the State Board of Occupational Therapy Practice.

(b) A person who acts in good faith and within the scope of the jurisdiction of the Board is not civilly liable for giving information to the Board or otherwise participating in its activities.
Md. Code, Human Services § 5-311 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-311
§5–311.
Status: in_force

(a) All assistance granted under this subtitle is subject to periodic recertification.

(b) At any time, the Department may cancel, suspend, or revoke assistance if:

(1) the recipient’s circumstances have altered sufficiently to warrant cancellation, suspension, or revocation; or

(2) the recipient has failed to comply with FIP requirements.
Md. Code, Family Law § 5-505.1 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-505.1
§5–505.
Status: in_force

§5–505.1.

(a) In consultation with interested stakeholders, the Administration shall prepare an annual report on voluntary placement agreements for children and young adults in the State.

(b) The report shall include:

(1) the total number of voluntary placement agreements that were:

(i) approved;

(ii) denied;

(iii) requested for behavioral health reasons, including voluntary placement agreements that were requested for children with a developmental disability who are also diagnosed with a behavioral health disorder; and

(iv) requested for children with a developmental disability who are not also diagnosed with a behavioral health disorder;

(2) the reason for any denials; and

(3) for voluntary placement agreements that were approved, the type of placement recommended and the type of initial placement, including:

(i) residential treatment center;

(ii) group home placement;

(iii) therapeutic group home;

(iv) diagnostic placement;

(v) therapeutic foster home; and

(vi) any other type of placement.

(c) The report shall group the information required under subsection (b) of this section by the following regions:

(1) Baltimore region, consisting of Baltimore City, Baltimore County, and Harford County;

(2) Eastern Shore, consisting of Caroline County, Cecil County, Dorchester County, Kent County, Queen Anne’s County, Somerset County, Talbot County, Wicomico County, and Worcester County;

(3) Metro Region, consisting of Howard County, Montgomery County, and Prince George’s County;

(4) Southern Maryland, consisting of Anne Arundel County, Calvert County, Charles County, and St. Mary’s County; and

(5) Western Maryland, consisting of Allegany County, Carroll County, Frederick County, Garrett County, and Washington County.

(d) On or before December 1 each year, the Administration shall submit the report required under this section to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.
Md. Code, Corporations and Associations § 5-207 — MD Code / Article gca / Title 5 / Subtitle 2 / Section 5-207
§5–207.
Status: in_force

(a) (1) A nonstock corporation may consolidate or merge only with another nonstock corporation.

(2) A Maryland nonstock corporation may convert only into a foreign corporation that does not have the authority to issue stock.

(3) A foreign corporation that does not have the authority to issue stock:

(i) May convert into a Maryland nonstock corporation; and

(ii) May not convert into a Maryland corporation that has the authority to issue stock.

(b) A consolidation, merger, transfer of assets, or conversion of a nonstock corporation shall be effected as provided in Title 3 of this article.

(c) Notwithstanding § 3–105(e) of this article, a proposed consolidation, merger, transfer of assets, or conversion of a nonstock corporation organized to hold title to property for a labor organization, and for related purposes, shall be approved by the same affirmative vote of the members of the corporation that the constitution or bylaws of the labor organization requires for the same action.
Md. Code, Corporations and Associations § 5-502 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-502
§5–502.
Status: in_force

A cooperative may be incorporated for any combination of the following purposes:

(1) Collectively to produce, process, prepare for market, handle, store, and market the products of persons engaged in the production of agricultural or fishery products;

(2) To act as a selling or buying agent for its members; and

(3) To purchase or otherwise acquire goods or services for its members.
Md. Code, Family Law § 5-3A-39 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-39
§5–3A–39.
Status: in_force

(a) A child placement agency shall make reasonable efforts to compile and make available to a prospective adoptive parent:

(1) all of the prospective adoptee’s medical and mental health records that the agency has; or

(2) a comprehensive medical and mental health history of the prospective adoptee.

(b) On request of a prospective adoptive parent, a child placement agency shall make reasonable efforts to compile a pertinent medical and mental health history of each of the prospective adoptee’s parents, if available to the agency, and to make the history available to the prospective adoptive parent.

(c) (1) If, after adoption, a child placement agency receives medical or mental health information about the adoptee or adoptee’s former parent, the agency shall make reasonable efforts to make the information available to the adoptive parent.

(2) If, after adoption, the adoptive parent requests additional information, the child placement agency shall make reasonable efforts to notify the former parent, at the former parent’s last known address available to the agency, of the request and the reason for the request.

(d) A medical or mental health history compiled under this section may not contain identifying information as to a parent.
Md. Code, Family Law § 5-715 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-715
§5–715.
Status: in_force

(a) (1) The Executive Director of the Administration shall provide the Secretary of Health with identifying information regarding an individual who, as to any child, has had the individual’s parental rights terminated under § 5–322 or § 5–323 of this title and has been identified as responsible for abuse or neglect in a central registry as described in § 5–714(d) of this subtitle.

(2) A court shall provide the Secretary of Health with identifying information regarding an individual who has been convicted under Title 2, Subtitle 2 of the Criminal Law Article of the murder, attempted murder, or manslaughter of a child.

(b) If in accordance with § 4–222 of the Health – General Article, the Secretary provides to the Executive Director birth record information for a child born to an individual whose identifying information has been provided under subsection (a) of this section, the Executive Director shall:

(1) verify that the parent of the child is the same individual described in subsection (a) of this section; and

(2) immediately notify the local department in the jurisdiction in which the child resides so that the local department may review its records and provide an assessment of the family and offer services if needed.
Md. Code, Family Law § 5-1044 — MD Code / Article gfl / Title 5 / Subtitle 10 / Section 5-1044
§5–1044.
Status: in_force

A party has the right to appeal from an order under this subtitle to the Appellate Court of Maryland, as provided in Title 12, Subtitle 3 of the Courts Article.
Md. Code, Transportation § 5-1001 — MD Code / Article gtr / Title 5 / Subtitle 10 / Section 5-1001
§5–1001.
Status: in_force

(a) There is a public right to freedom of transit in air commerce through the airspace of this State.

(b) The operation of aircraft over the lands and waters of this State is lawful, unless the operation is:

(1) At so low an altitude as to interfere with any lawful existing use of the land or water or the space above the land or water; or

(2) Conducted in a manner imminently dangerous to persons or property on the land or water.

(c) (1) Except for a forced or emergency landing, a person may not land an aircraft on the lands or waters of any other person without the consent of that other person.

(2) For damages caused by a forced or emergency landing, a person is liable as set forth in § 5-1005 of this subtitle.
Md. Code, Natural Resources § 5-9D-01 — MD Code / Article gnr / Title 5 / Subtitle 9D / Section 5-9D-01
§5–9D–01.
Status: in_force

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

(b) “Board” means the Greenspace Equity Advisory Board.

(c) (1) “Community greenspace” means a community space that enhances the public health and livability of an overburdened community or an underserved community.

(2) “Community greenspace” includes:

(i) A community garden;

(ii) A community gathering open space area;

(iii) A community woodland;

(iv) A green network;

(v) A park;

(vi) A trail; and

(vii) An urban farm.

(d) “Eligible applicant” means:

(1) A land trust or nongovernmental organization located or working in an overburdened community or an underserved community where a project is proposed to be implemented; or

(2) A county or municipality.

(e) “Green network” means a system of greenspaces that are interconnected by linear corridors that facilitate the movement of people and wildlife.

(f) “Land acquisition” means:

(1) The fee simple acquisition of real property; or

(2) The acquisition of a perpetual conservation easement.

(g) “Land trust” means an organization that:

(1) Is a qualified organization under § 170(h)(3) of the Internal Revenue Code and any regulations adopted under that section;

(2) Has executed a cooperative agreement with the Maryland Environmental Trust; or

(3) Is an affordable housing land trust as defined in § 14–501 of the Real Property Article.

(h) “Overburdened community” has the meaning stated in § 1–701 of the Environment Article.

(i) “Program” means the Greenspace Equity Program.

(j) (1) “Stewardship” means activities undertaken on a project to:

(i) Develop a property for public use; and

(ii) Improve the conservation value of the property.

(2) “Stewardship” does not include the operating expenses of a recipient of a grant under the Program.

(k) “Underserved community” has the meaning stated in § 1–701 of the Environment Article.
Md. Code, Economic Development § 5-2204 — MD Code / Article gec / Title 5 / Subtitle 22 / Section 5-2204
§5–2204.
Status: in_force

§5–2204. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2029 PER CHAPTER 485 OF 2022 //

(a) There is a Maryland New Start Microloan Program Fund.

(b) The purpose of the Fund is to provide loans to covered individuals in accordance with § 5–2203 of this subtitle.

(c) The Secretary shall administer the Fund.

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

(2) The State Treasurer shall hold the Fund separately, and the Comptroller shall account for the Fund.

(e) The Fund consists of:

(1) money appropriated in the State budget to the Fund;

(2) repayments of loans made through the Program;

(3) any interest earnings of the Fund; and

(4) any other money from any other source accepted for the benefit of the Fund.

(f) (1) The Fund may be used only for:

(i) administrative costs of the Program; and

(ii) the issuance of loans under § 5–2203 of this subtitle.

(2) During each fiscal year, the Department may not utilize more than 10% of the money appropriated to the Fund for administrative costs of this subtitle.

(g) In each of fiscal years 2024, 2025, 2026, 2027, and 2028, the Governor shall include in the annual budget bill an appropriation of at least $300,000 to the Fund.

(h) (1) The State Treasurer shall invest the money of the Fund in the same manner as other State money may be invested.

(2) Any interest earnings of the Fund shall be credited to the Fund.

(i) Expenditures from the Fund may be made only in accordance with the State budget.
Md. Code, Natural Resources § 5-414 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-414
§5–414.
Status: in_force

Any uniformed forest officer, or any law enforcement officer may stop any truck, trailer, or other vehicle engaged in the transporting of the evergreen trees, shrubs, or boughs described in §§ 5-412 and 5-413 of this subtitle, other than a truck or trailer licensed for and engaged in interstate commerce, in order to require the driver or operator to produce the bill of sale or identification of ownership required by those sections. The driver’s failure to have and produce upon demand the bill of sale or identification is a violation of this subtitle. However, an accused may not be convicted if he produces, within ten days from the date he is formally charged, the required bill of sale or identification.
Md. Code, Natural Resources § 5-401 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

In this subtitle, “roadside tree” means any tree or shrub growing within the right–of–way of any public road.
Md. Code, Public Safety § 5-137 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-137
§5–137.
Status: in_force

(a) A person who seeks to own a regulated firearm and purchases the regulated firearm from an out-of-state federally licensed gun importer, manufacturer, or dealer shall:

(1) have the federally licensed importer, manufacturer, or dealer ship the regulated firearm to a licensee for processing; and

(2) comply with §§ 5-103, 5-104, 5-117 through 5-129, and 5-136 of this subtitle.

(b) If a person purchases a regulated firearm for use within the scope of the person’s official duties, the Secretary may waive the 7–day waiting period under § 5–124 of this subtitle for:

(1) law enforcement personnel of any unit of the federal government;

(2) members of the armed forces or the National Guard; or

(3) law enforcement personnel of the State or any local agency in the State.
Md. Code, Financial Institutions § 5-1104 — MD Code / Article gfi / Title 5 / Subtitle 11 / Section 5-1104
§5–1104.
Status: in_force

If the Commissioner deems it appropriate in order to consummate an acquisition under this subtitle, the Commissioner may:

(1) Convert the charter, form of ownership, or operating powers of a savings and loan association into the charter, form of ownership, or operating powers of a commercial bank;

(2) Authorize the consolidation, merger, or transfer of assets of a savings and loan association into one or more savings and loan associations or commercial banks; and

(3) Charter a new commercial bank or savings and loan association to acquire all or a substantial portion of the assets and liabilities of an existing savings and loan association, including all savings accounts liabilities and liabilities to the State.
Md. Code, Environment § 5-1102.1 — MD Code / Article gen / Title 5 / Subtitle 11 / Section 5-1102.1
§5–1102.
Status: in_force

§5–1102.1.

(a) (1) The Governor shall appoint a Cox Creek Citizens Oversight Committee.

(2) The terms of the members of the Oversight Committee shall be determined by the Governor.

(b) The Oversight Committee shall be composed of the following members:

(1) 1 member of the land trust that holds the conservation easement of the Cox Creek Forest Conservation Easement Area;

(2) 1 delegate to the Greater Pasadena Council who represents a waterfront community;

(3) 1 member of the Pasadena Sport Fishermen’s Group;

(4) 1 individual who represents recreational birding in Anne Arundel County;

(5) 1 individual who represents the pleasure boating industry in Anne Arundel County;

(6) 1 member of the Pasadena Business Association;

(7) 1 member of the Restore Rock Creek organization;

(8) 1 member of the Baltimore Industrial Group;

(9) 2 individuals who represent a waterfront community in the northern part of Anne Arundel County;

(10) 1 resident of legislative district 31; and

(11) 1 resident of legislative district 46.

(c) The Oversight Committee shall:

(1) Monitor the management of dredged material at the Cox Creek Dredged Material Containment Facility;

(2) (i) Advise the Maryland Port Administration of complaints lodged by individuals affected by the redeposit of Anne Arundel County dredged material and other dredged material in the Cox Creek area;

(ii) Provide input and feedback to the Maryland Port Administration regarding the management of dredged material at the Cox Creek Dredged Material Containment Facility; and

(iii) Make recommendations to the Maryland Port Administration on the potential impact that activities at the containment facility may have on nearby communities and natural resources; and

(3) Appoint a member from the Committee to serve as a liaison to the Innovative Reuse Committee.
Md. Code, Labor and Employment § 5-210 — MD Code / Article gle / Title 5 / Subtitle 2 / Section 5-210
§5–210.
Status: in_force

(a) In this section, “apparatus” means any apparatus, device, machinery, or mechanical equipment.

(b) The Commissioner or an authorized representative of the Commissioner may prohibit use of any apparatus, if, after an inspection, the Commissioner or authorized representative of the Commissioner determines that:

(1) the apparatus or part of the apparatus violates an occupational safety and health standard; and

(2) there is a substantial probability that death or serious physical harm could result from continued use.

(c) To prohibit use of any apparatus or part of any apparatus, the Commissioner or authorized representative of the Commissioner shall give an employer or the agent in charge of such operation written notice that prohibits use.

(d) (1) A copy of a notice under subsection (c) of this section:

(i) shall be attached to the apparatus; and

(ii) may not be removed until the apparatus is made safe and each required safeguard is provided.

(2) Use of any apparatus is prohibited while a notice under this section is posted on the apparatus.

(e) (1) Any person aggrieved by a decision of the Commissioner under this section may bring an action to modify or vacate the decision on the ground that it is unlawful or unreasonable.

(2) An action under this subsection shall be brought in the circuit court for the county where the place of employment is located.

(3) In a proceeding under this subsection, a court may not stay an order of the Commissioner unless:

(i) the court gives the Commissioner notice and an opportunity for a hearing; and

(ii) the aggrieved person posts security or meets each other condition that the court considers proper.
Md. Code, Natural Resources § 5-607 — MD Code / Article gnr / Title 5 / Subtitle 6 / Section 5-607
§5–607.
Status: in_force

The forester shall:

(1) Make plans for management and reforestation of forest, woodlot, and tree crop orchards;

(2) Assist landowners of the district in marketing their forest products;

(3) Hold meetings of county or local forest fire wardens, lookouts, guards, fire fighters, and others to instruct them in methods of forest fire prevention and extinction;

(4) Enlist the cooperation of landowners in protection of their forests from fire, insects, and disease;

(5) Make an annual written report of his activities to the Secretary;

(6) Assist the State Extension Forester in carrying out the Farm Forestry Extension Program;

(7) Assist forest landowners in formation and execution of soil conservation practices;

(8) Keep accurate records of any forest management plan;

(9) Assist in management of community or municipally owned forests;

(10) Assist assessors in appraisal of woodlands; and

(11) Advise and assist in planting food-bearing trees and shrubs for the benefit of wildlife.
Md. Code, Courts and Judicial Proceedings § 5-627 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-627
§5–627.
Status: in_force

A member of a clinical review panel under § 10-708 of the Health - General Article who acts in good faith and within the panel’s duties is immune from civil liability as a result of those acts.
Md. Code, Courts and Judicial Proceedings § 5-426 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-426
§5–426.
Status: in_force

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

(2) “Building inspection official” means any appointed or elected federal, State, or local official with overall executive responsibility to coordinate building inspection in the jurisdiction in which an emergency, disaster, or catastrophic event has occurred.

(3) “Fire official” means any appointed or elected local official with overall executive responsibility to coordinate fire, rescue, or emergency medical services in the jurisdiction in which a fire, emergency, disaster, or catastrophic event has occurred.

(4) “Law enforcement official” means any appointed or elected federal, State, or local official with overall executive responsibility to coordinate law enforcement in the jurisdiction in which an emergency, disaster, or catastrophic event has occurred.

(5) “Public official” means any federal, State, or locally elected official with overall executive responsibility in the jurisdiction in which an emergency, disaster, or catastrophic event has occurred.

(6) “Public safety official” means any appointed or elected federal, State, or local official with overall executive responsibility to coordinate public safety in the jurisdiction in which an emergency, disaster, or catastrophic event has occurred.

(b) A licensed architect is not personally liable in damages beyond the limits of any applicable insurance or self-insurance for any personal injury, wrongful death, property damage, or other loss caused by an act, error, or omission of the licensed architect while practicing architecture with regard to any structure or other architectural design, either publicly or privately owned, if:

(1) The act, error, or omission was not wanton, willful, intentionally tortious, or grossly negligent; and

(2) The practice of architecture was performed:

(i) Voluntarily and without compensation;

(ii) At the scene of a declared national, State, or local emergency caused by a major earthquake, hurricane, tornado, fire, explosion, collapse, or similar disaster or catastrophic event; and

(iii) At the request of a public official, law enforcement official, public safety official, fire official, or building inspection official, acting in an official capacity.

(c) The immunity provided by this section applies only to the voluntary practice of architecture performed while a declared state of emergency is in effect.

(d) (1) This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against a licensed architect.

(2) This section does not affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provisions of the Code or available at common law, to which a licensed architect may be entitled.
Md. Code, Corporations and Associations § 5-6C-01 — MD Code / Article gca / Title 5 / Subtitle 6C / Section 5-6C-01
§5–6C–01.
Status: in_force

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

(b) “Benefit corporation” means a Maryland corporation that elects to be a benefit corporation in accordance with § 5–6C–03 of this subtitle and has not ceased to be a benefit corporation through the operation of § 5–6C–04 of this subtitle.

(c) “General public benefit” means a material, positive impact on society and the environment, as measured by a third–party standard, through activities that promote a combination of specific public benefits.

(d) “Specific public benefit” includes:

(1) Providing individuals or communities with beneficial products or services;

(2) Promoting economic opportunity for individuals or communities beyond the creation of jobs in the normal course of business;

(3) Preserving the environment;

(4) Improving human health;

(5) Promoting the arts, sciences, or advancement of knowledge;

(6) Increasing the flow of capital to entities with a public benefit purpose; or

(7) The accomplishment of any other particular benefit for society or the environment.

(e) “Third–party standard” means a standard for defining, reporting, and assessing best practices in corporate social and environmental performance that:

(1) Is developed by a person or entity that is independent of the benefit corporation; and

(2) Is transparent because the following information about the standard is publicly available or accessible:

(i) The factors considered when measuring the performance of a business;

(ii) The relative weightings of those factors; and

(iii) The identity of the persons who developed and control changes to the standard and the process by which those changes were made.