Md. Code, Business Occupations and Professions § 5-314 — MD Code / Article gbo / Title 5 / Subtitle 3 / Section 5-314
§5–314.
Status: in_force

(a) (1) Subject to the hearing provisions of § 5-315 of this subtitle, the Board may deny a license to any applicant, reprimand any licensee, or suspend or revoke a license if the applicant or licensee:

(i) fraudulently or deceptively obtains or attempts to obtain a license for the applicant or licensee or for another;

(ii) fraudulently or deceptively uses a license;

(iii) is incompetent;

(iv) engages in dishonest, unethical, immoral, or unprofessional conduct;

(v) is addicted to alcohol or drugs to the extent of being unfit to practice cosmetology;

(vi) advertises by means of knowingly false or deceptive statements;

(vii) under the laws of the United States or of any state, is convicted of:

1. a felony; or

2. a misdemeanor that is directly related to the fitness and qualification of the applicant or licensee to practice cosmetology;

(viii) violates any provision of this title or any regulation adopted by the Board under this title; or

(ix) fails to pay a civil penalty imposed by the Board under § 5-610 of this title.

(2) (i) Instead of or in addition to reprimanding a licensee or suspending or revoking a license under this subsection, the Board may impose a penalty not exceeding $300 for all violations cited on a single day.

(ii) To determine the amount of the penalty imposed under this subsection, the Board shall consider:

1. the seriousness of the violation;

2. the good faith of the violator;

3. the violator’s history of previous violations;

4. the deleterious effect of the violation on the complainant, the public, and the cosmetology industry; and

5. any other factors relevant to the determination of the financial penalty.

(3) The Board shall pay any penalty collected under this subsection into the General Fund of the State.

(b) The Board shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a license or the reprimand of a licensee when an applicant or licensee is convicted of a felony or misdemeanor described in subsection (a)(1)(vii) of this section:

(1) the nature of the crime;

(2) the relationship of the crime to the activities authorized by the license;

(3) with respect to a felony, the relevance of the conviction to the fitness and qualification of the applicant or licensee to practice cosmetology;

(4) the length of time since the conviction; and

(5) the behavior and activities of the applicant or licensee before and after the conviction.

(c) (1) The Board shall commence proceedings under this section on a complaint to the Board by a member of the Board or any person.

(2) A complaint shall:

(i) be in writing;

(ii) include the name and necessary contact information of the individual filing the complaint, as determined by the Board;

(iii) state specifically the facts on which the complaint is based;

(iv) be submitted to the Executive Director of the Board; and

(v) be served on the person to whom it is directed:

1. personally; or

2. by certified mail, return receipt requested, bearing a postmark from the United States Postal Service, to the person’s last known address as shown on the Board’s records.

(3) If service is made by certified mail, the person who mails the document shall file with the Board verified proof of mailing.

(d) (1) Except as provided in subsection (e) of this section, if the Board finds that a complaint alleges facts that are adequate grounds for action under this section, the Board shall act on the complaint as provided under § 5-315 of this subtitle to deny, suspend, or revoke a license, reprimand a licensee, or assess a penalty.

(2) If the Board does not make the finding, the Board shall dismiss the complaint.

(e) (1) If the Board makes the finding under subsection (d)(1) of this section for a violation that relates to the sanitary practice of cosmetology, the Board shall provide the licensee an opportunity to correct the alleged violation.

(2) If the licensee fails to correct each alleged violation within 10 days of written notification of the violation by the Board, the Board shall act on the complaint as provided under § 5-315 of this subtitle.

(3) If the licensee corrects each alleged violation within 10 days of notice, the Board shall:

(i) dismiss the complaint; and

(ii) provide the licensee written notification of the dismissal.
Md. Code, Education § 5-201 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-201
§5–201.
Status: in_force

(a) In this subtitle, except as otherwise provided, the following words have the meanings indicated.

(b) “Assessable base” has the meaning stated in:

(1) § 12–201 of the Economic Development Article; or

(2) For Baltimore City, Article II, § 62 of the Charter of Baltimore City.

(c) “Assessed value of personal property” means the most recent estimate by the State Department of Assessments and Taxation before the annual State budget is submitted to the General Assembly of the assessed value for county purposes of personal property as of July 1 of the first completed fiscal year before the school year for which the calculation is made under this section.

(d) (1) Subject to paragraph (2) of this subsection, “assessed value of real property” means the most recent estimate made by the State Department of Assessments and Taxation before the annual State budget is submitted to the General Assembly of the assessed value of real property for State purposes as of July 1 of the first completed fiscal year before the school year for which the calculation of State aid is made under this section.

(2) (i) Subject to subparagraphs (ii), (iii), and (iv) of this paragraph, for counties that qualify for a disparity grant under § 16–501 of the Local Government Article and that established a development district under Title 12, Subtitle 2 of the Economic Development Article or Article II, § 62 of the Charter of Baltimore City after May 1, 2016, and is still in effect, using the assessed value of real property as of July 1 of the second completed fiscal year before the school year for which the calculation of State aid is made under this section, “assessed value of real property” does not include the lesser of:

1. The difference between the original base and the assessable base of all real property in a development district that is subject to tax increment financing under Title 12, Subtitle 2 of the Economic Development Article or Article II, § 62 of the Charter of Baltimore City as certified by the State Department of Assessments and Taxation; or

2. The quotient of the annual debt service for a tax increment financing bond in a development district divided by the county’s real property tax rate pledged to the tax increment financing bond multiplied by 100.

(ii) If the result of items 1 or 2 of subparagraph (i) of this paragraph is a negative number, then the result shall be $0.

(iii) The calculations under this paragraph shall be made separately for each development district in a county.

(iv) For Baltimore City, if the result of item 1 or 2 of subparagraph (i) of this paragraph is a positive number, then the amount is required to be appropriated by the Mayor and City Council of Baltimore City to the Baltimore City Board of School Commissioners.

(e) “Enrollment count” means the greater of:

(1) The full–time equivalent enrollment; or

(2) The 3–year moving average enrollment.

(f) “Foundation program” means the product of the annual per pupil foundation amount and a county’s enrollment count.

(g) “Full–time equivalent enrollment” means the sum of:

(1) The number of students enrolled in kindergarten through grade 12 or their equivalent in regular day school programs on September 30 of the prior school year;

(2) The number of full–time equivalent students, as determined by a regulation of the Department, enrolled in evening high school programs during the prior school year; and

(3) The number of P–TECH students, as provided in § 7–1804(b) of this article.

(h) (1) Subject to paragraph (2) of this subsection, “inflation adjustment” means a percentage, rounded to the nearest two decimal places, that is the lesser of:

(i) The increase in the implicit price deflator for State and local government expenditures for the second prior fiscal year;

(ii) The Consumer Price Index for All Urban Consumers for the Washington Metropolitan Area, or any successor index, for the second prior fiscal year; or

(iii) 5%.

(2) If there is no increase in the implicit price deflator for State and local government expenditures for the second prior fiscal year or in the Consumer Price Index for All Urban Consumers for the Washington Metropolitan Area, or any successor index, for the second prior fiscal year, then “inflation adjustment” means 0%.

(i) “Local contribution rate” means the figure that is calculated as follows:

(1) Multiply the statewide full–time equivalent enrollment by the target per pupil amount and by 0.50; divided by

(2) The sum of the wealth of all of the counties in this State; and

(3) Round the result obtained in paragraph (2) of this subsection to seven decimal places and express as a percent with five decimal places.

(j) “Local share of the foundation program” means the product of the local contribution rate and a county’s wealth rounded to the nearest whole dollar.

(k) “Local wealth per pupil” means a county’s wealth divided by the county’s full–time equivalent enrollment.

(l) “Major education aid” means the sum of the State and local share of the following:

(1) Foundation program under § 5–213 of this subtitle;

(2) Transportation aid under § 5–218 of this subtitle;

(3) Compensatory education under § 5–222 of this subtitle;

(4) English learner program under § 5–224 of this subtitle;

(5) Special education under § 5–225 of this subtitle;

(6) Guaranteed tax base program under § 5–214 of this subtitle;

(7) Comparable wage index grant under § 5–216 of this subtitle;

(8) Post college and career readiness pathways under § 5–217 of this subtitle;

(9) Concentration of poverty under § 5–223 of this subtitle;

(10) Transitional supplemental instruction under § 5–226 of this subtitle;

(11) Publicly funded prekindergarten under § 5–229 of this subtitle; and

(12) Career ladder for educators under § 6–1009 of this article.

(m) “Net taxable income” means the amount certified by the State Comptroller for the second completed calendar year before the school year for which the calculation of State aid under this section is made, based on tax returns filed on or before November 1 after the current calendar year.

(n) “Original base”:

(1) Has the meaning stated in § 12–201 of the Economic Development Article; or

(2) For Baltimore City, means “original assessable base” as defined in Article II, § 62 of the Charter of Baltimore City.

(o) “Personal property” means all property classified as personal property under § 8–101(c) of the Tax – Property Article.

(p) “Real property” means all property classified as real property under § 8–101(b) of the Tax – Property Article.

(q) “State share of the foundation program” means, rounded to the nearest whole dollar, the greater of:

(1) The difference between the foundation program and the local share of the foundation program; and

(2) The result obtained by multiplying the target per pupil foundation amount by the county’s enrollment count, and multiplying this product by 0.15 in fiscal year 2008 and each fiscal year thereafter.

(r) “Statewide wealth per pupil” means the sum of the wealth of all counties divided by the statewide full–time equivalent enrollment.

(s) “Target per pupil foundation amount” means:

(1) For fiscal year 2022, $7,991;

(2) For fiscal year 2023, $8,310;

(3) For fiscal year 2024, $8,642;

(4) For fiscal year 2025, $8,789;

(5) For fiscal year 2026, $9,226;

(6) For fiscal year 2027, $9,561;

(7) For fiscal year 2028, $9,789;

(8) For fiscal year 2029, $10,200;

(9) For fiscal year 2030, $10,625;

(10) For fiscal year 2031, $11,047;

(11) For fiscal year 2032, $11,483;

(12) For fiscal year 2033, $11,931;

(13) For fiscal year 2034, $12,381;

(14) For fiscal year 2035, $12,843; and

(15) For subsequent fiscal years, the target per pupil foundation amount for the prior fiscal year increased by the inflation adjustment rounded to the nearest whole dollar.

(t) (1) Except as provided in paragraph (2) of this subsection, “3–year moving average enrollment” means the average of the full–time equivalent enrollment in the 3 prior school years.

(2) If the 3 prior school years includes the 2020–2021 school year, “3–year moving average enrollment” means:

(i) The sum of the full–time equivalent enrollment for the 4 prior school years minus the 2020–2021 school year full–time equivalent enrollment; divided by

(ii) Three.

(u) “Wealth” means the sum of:

(1) Net taxable income;

(2) 100 percent of the assessed value of the operating real property of public utilities;

(3) 40 percent of the assessed value of all other real property; and

(4) 50 percent of assessed value of personal property.
Md. Code, Courts and Judicial Proceedings § 5-801 — MD Code / Article gcj / Title 5 / Subtitle 8 / Section 5-801
§5–801.
Status: in_force

The provisions governing actions for breach of promise to marry and for alienation of affections are found in Title 3 of the Family Law Article.
Md. Code, Financial Institutions § 5-808.1 — MD Code / Article gfi / Title 5 / Subtitle 8 / Section 5-808.1
§5–808.
Status: in_force

§5–808.1.

(a) After notice and a hearing, the Commissioner may assess a civil penalty against a banking institution that the Commissioner determines has:

(1) Violated a cease and desist order issued by the Commissioner under § 5–808 of this subtitle; or

(2) Engaged in:

(i) An unsafe or unsound banking practice; or

(ii) A practice that is injurious to the public interest.

(b) The civil penalty may not exceed:

(1) $1,000 per violation; and

(2) $1,000 per violation for each day that the violation continues.

(c) (1) A civil penalty shall be assessed by written notice of assessment served on the person to be assessed.

(2) The notice of assessment shall state the:

(i) Amount of the civil penalty;

(ii) Legal authority for the assessment; and

(iii) Matters of fact or law constituting the grounds for the assessment.

(3) The notice of assessment shall constitute a final order for purposes of judicial review pursuant to § 10–221 of the State Government Article.

(d) In determining the amount of the civil penalty to be assessed, the Commissioner shall consider:

(1) The seriousness of the violation;

(2) The good faith of the violator;

(3) The violator’s history of previous violations;

(4) The deleterious effect of the violation on the public and the banking industry;

(5) The assets of the violator; and

(6) Any other factors relevant to the determination of the civil penalty.

(e) (1) A civil penalty assessed under this section shall be due and payable within 30 days after the Commissioner issues the notice of assessment.

(2) The Commissioner may reduce or set aside a civil penalty.

(f) The Commissioner shall pay all civil penalties collected under this section into the General Fund of the State.
Md. Code, Education § 5-309 — MD Code / Article ged / Title 5 / Subtitle 3 / Section 5-309
§5–309.
Status: in_force

(a) It is the intent of the General Assembly that the Department and the Public School Construction Program encourage local education agencies to reuse recently used school designs, when educationally appropriate and cost effective over the useful life of the project, within each county and across local school system boundaries.

(b) (1) The Interagency Commission on School Construction shall develop and provide incentives for local education agencies to use prototype school designs.

(2) The incentives to use prototype school designs may include expedited State review of projects.

(c) (1) In this subsection, “net–zero” means that the total amount of energy used by a building on an annual basis is equal to or less than the amount of renewable energy created on the site.

(2) The Interagency Commission shall establish incentives for:

(i) The construction of net–zero school buildings; and

(ii) The use of energy efficient or other preferred materials in public school construction.

(d) The incentives established under subsections (b) and (c) of this section shall be supplemental to and are not intended to take the place of funding that otherwise would be appropriated to local education agencies for school construction.

(e) Before the Interagency Commission may provide any incentives established in accordance with subsection (b) or (c) of this section, the Interagency Commission shall:

(1) Notify the budget committees of the General Assembly in writing of the proposed incentives; and

(2) Allow the budget committees 30 days to review and comment on the proposed incentives.
Md. Code, Criminal Law § 5-620 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-620
§5–620.
Status: in_force

(a) Unless authorized under this title, a person may not:

(1) obtain or attempt to obtain controlled paraphernalia by:

(i) fraud, deceit, misrepresentation, or subterfuge;

(ii) counterfeiting a prescription or a written order;

(iii) concealing a material fact or the use of a false name or address;

(iv) falsely assuming the title of or representing to be a manufacturer, distributor, or authorized provider; or

(v) making or issuing a false or counterfeit prescription or written order; or

(2) possess or distribute controlled paraphernalia under circumstances which reasonably indicate an intention to use the controlled paraphernalia for purposes of illegally administering a controlled dangerous substance.

(b) Evidence of circumstances that reasonably indicate an intent to use controlled paraphernalia to manufacture, distribute, or dispense a controlled dangerous substance unlawfully include the close proximity of the controlled paraphernalia to an adulterant, diluent, or equipment commonly used to illegally manufacture, distribute, or dispense controlled dangerous substances, including:

(1) a scale;

(2) a sieve;

(3) a strainer;

(4) a measuring spoon;

(5) staples;

(6) a stapler;

(7) a glassine envelope;

(8) a gelatin capsule;

(9) procaine hydrochloride;

(10) mannitol;

(11) lactose;

(12) quinine; and

(13) a controlled dangerous substance.

(c) Information that is communicated to a physician to obtain controlled paraphernalia from the physician in violation of this subtitle is not a privileged communication.

(d) A person who violates this section is guilty of a misdemeanor and on conviction is subject to:

(1) for a first violation, a fine not exceeding $500; and

(2) for each subsequent violation, imprisonment not exceeding 1 year or a fine not exceeding $1,000 or both.
Md. Code, Land Use § 5-401 — MD Code / Article glu / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

(a) A legislative body may authorize judicial review by the circuit court of any matter arising under this title.

(b) The judicial review shall be in accordance with Title 7, Chapter 200 of the Maryland Rules.

(c) A judgment of the circuit court under this section may be appealed to the Appellate Court of Maryland.
Md. Code, Election Law § 5-705 — MD Code / Article gel / Title 5 / Subtitle 7 / Section 5-705
§5–705.
Status: in_force

(a) A certificate of nomination that entitles a candidate for public office to have the candidate’s name listed on the general election ballot and submitted to the voters at the general election shall be issued in accordance with this section.

(b) (1) Subject to § 13–332.1 of this article, the State Board shall issue a certificate of nomination to each candidate who files a certificate of candidacy with the State Board and who qualifies for the nomination.

(2) Subject to § 13–332.1 of this article, the local board with which a candidate files a certificate of candidacy shall issue a certificate of nomination to each candidate who qualifies for the nomination.

(3) A political party may have only one candidate as its nominee for any position to be filled in a general election.

(4) A certificate of nomination may not contain the name of more than one nominee for each office to be filled at the election.

(c) Following the certification of the primary elections returns by the board responsible for the certification of the results of that election, that board shall issue a certificate of election to:

(1) each candidate for delegate to a national party convention who is certified by the State Board to have been elected in accordance with the party’s rules; and

(2) each candidate to a party central committee who is certified by the local board to have been elected to that position.
Md. Code, Transportation § 5-820 — MD Code / Article gtr / Title 5 / Subtitle 8 / Section 5-820
§5–820.
Status: in_force

(a) After the Executive Director certifies and publishes a noise zone for a State-owned airport, he shall adopt, administer, and enforce regulations for the airport in the same manner that a political subdivision enforces its regulations under Part III of this subtitle.

(b) As to new airports, the Executive Director shall establish noise zones, any required noise abatement plan, and noise zone regulations as follows:

(1) For any newly constructed State-owned airport, before the initial operation of the airport; and

(2) For any newly acquired State-owned airport, within 1 year of the acquisition of the airport.
Md. Code, Labor and Employment § 5-404 — MD Code / Article gle / Title 5 / Subtitle 4 / Section 5-404
§5–404.
Status: in_force

(a) An employer may not ask or require an employee to waive any right under this subtitle or 29 C.F.R. 1910.1200.

(b) A waiver of a right under this subtitle or 29 C.F.R. 1910.1200 is void.
Md. Code, Family Law § 5-706 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-706
§5–706.
Status: in_force

§5–706. IN EFFECT

(a) (1) In this section, “alternative response” means a component of the child protective services program that provides for a comprehensive assessment of:

(i) risk of harm to the child;

(ii) risk of subsequent child abuse or neglect;

(iii) family strengths and needs; and

(iv) the provision of or referral for necessary services.

(2) “Alternative response” does not include:

(i) an investigation; or

(ii) a formal determination as to whether child abuse or neglect has occurred.

(b) Promptly after receiving a report of suspected abuse or neglect of a child who lives in this State that is alleged to have occurred in this State, the local department or the appropriate law enforcement agency, or both, if jointly agreed on, shall make a thorough investigation of a report of suspected abuse or neglect to protect the health, safety, and welfare of the child or children.

(c) Within 24 hours after receiving a report of suspected physical or sexual abuse of a child who lives in this State that is alleged to have occurred in this State, and within 5 days after receiving a report of suspected neglect or suspected mental injury of a child who lives in this State that is alleged to have occurred in this State, the local department or the appropriate law enforcement agency shall:

(1) see the child;

(2) attempt to have an on–site interview with the child’s caretaker;

(3) decide on the safety of the child, wherever the child is, and of other children in the household; and

(4) decide on the safety of other children in the care or custody of the alleged abuser.

(d) The investigation under subsection (c) of this section shall include:

(1) a determination of the nature, extent, and cause of the abuse or neglect, if any;

(2) if mental injury is suspected, an assessment by two of the following:

(i) a licensed physician, as defined in § 14–101 of the Health Occupations Article;

(ii) a licensed psychologist, as defined in § 18–101 of the Health Occupations Article;

(iii) a licensed social worker, as defined in § 19–101 of the Health Occupations Article; or

(iv) a clinical professional counselor licensed under Title 17 of the Health Occupations Article; and

(3) if the suspected abuse or neglect is verified:

(i) a determination of the identity of the person or persons responsible for the abuse or neglect;

(ii) a determination of the name, age, and condition of any other child in the household;

(iii) an evaluation of the parents and the home environment;

(iv) a determination of any other pertinent facts or matters; and

(v) a determination of any needed services.

(e) On request by the local department, the local State’s Attorney shall assist in an investigation under subsections (c) and (d) of this section.

(f) The local department, the appropriate law enforcement agencies, the State’s Attorney within each county and Baltimore City, the local department’s office responsible for child care regulation, the local health officer, and the local child advocacy center shall enter into a written agreement that specifies standard operating procedures for the investigation under subsections (c) and (d) of this section and prosecution of reported cases of suspected abuse or neglect.

(g) (1) The agencies responsible for investigating reported cases of suspected sexual abuse, including the local department, the appropriate law enforcement agencies, and the local State’s Attorney, shall implement a joint investigation procedure for conducting joint investigations of sexual abuse under subsections (c) and (d) of this section.

(2) The joint investigation procedure shall:

(i) include appropriate techniques for expediting validation of sexual abuse complaints;

(ii) include investigation techniques designed to:

1. decrease the potential for physical harm to the child; and

2. decrease any trauma experienced by the child in the investigation and prosecution of the case;

(iii) establish an ongoing training program for personnel involved in the investigation or prosecution of sexual abuse cases; and

(iv) include screening to determine whether a child is a victim of sex trafficking.

(h) (1) To the extent possible, an investigation under subsections (c) and (d) of this section shall be completed within 10 days after receipt of the first notice of the suspected abuse or neglect by the local department or law enforcement agencies.

(2) An investigation under subsections (c) and (d) of this section that is not completed within 30 days shall be completed within 60 days of receipt of the first notice of the suspected abuse or neglect.

(i) Within 5 business days after completion of the investigation of suspected abuse of a child who lives in this State that is alleged to have occurred in this State, the local department and the appropriate law enforcement agency, if that agency participated in the investigation, shall make a complete written report of its findings to the local State’s Attorney.

(j) Promptly after receiving a report of suspected abuse or neglect of a child who lives in this State that is alleged to have occurred outside of this State, the local department shall:

(1) forward the report to the appropriate agency outside of this State that is authorized to receive and investigate reports of suspected abuse or neglect;

(2) cooperate to the extent requested with the out–of–state agency investigating the report; and

(3) if determined appropriate by the local department:

(i) interview the child to assess whether the child is safe; and

(ii) provide services to the child and the child’s family.

(k) Notwithstanding the provisions of this section, the Secretary may implement an alternative response program for selected reports of abuse or neglect.

(l) (1) The Department shall convene a multidisciplinary alternative response advisory council.

(2) The advisory council shall consist of the following members:

(i) the Secretary of Human Services, or the Secretary’s designee;

(ii) the Secretary of Health, or the Secretary’s designee;

(iii) the State Superintendent of Schools, or the Superintendent’s designee;

(iv) a representative from the Maryland Disability Law Center;

(v) a representative from a child advocacy organization;

(vi) a representative from a community partner or a local service provider;

(vii) a pediatrician with experience in diagnosing and treating injuries related to abuse and neglect;

(viii) an attorney with experience representing children or adults in abuse and neglect cases;

(ix) a representative from the Office of the Public Defender;

(x) a parent or guardian who has personal experience with the child protective services system;

(xi) a child who has personal experience with the child protective services system;

(xii) two representatives from local departments of social services; and

(xiii) two representatives from local citizens review panels.

(3) The Secretary of Human Services or the Secretary’s designee shall be the chair of the advisory council.

(4) The advisory council shall advise the Department on:

(i) the development of the alternative response implementation plan, which may include a pilot program;

(ii) oversight and monitoring of the alternative response implementation plan;

(iii) consulting with local citizens review panels, local services affiliates, and other local partners for feedback and recommendations on the alternative response implementation plan;

(iv) defining the scope of the independent evaluation of the implementation of the alternative response program; and

(v) defining the scope of the ongoing evaluation of the alternative response program.

(m) Only a low risk report of abuse or neglect may be considered for an alternative response.

(n) A report that is not assigned for an alternative response shall be assigned for investigation in accordance with this section.

(o) The following reports of suspected abuse or neglect may not be assigned for an alternative response:

(1) sexual abuse; and

(2) abuse or neglect:

(i) occurring in an out–of–home placement;

(ii) resulting in death or serious physical or mental injury;

(iii) if, in the previous 3 years, the individual suspected of abuse or neglect has been identified as responsible for abuse or neglect as documented in the records of the local department; or

(iv) if the individual suspected of abuse or neglect has had one report assigned for an alternative response within the past 12 months or two reports assigned for an alternative response within the past 24 months.

(p) A report assigned for an alternative response may be reassigned at any time for an immediate investigation based on any of the following factors and circumstances:

(1) a reassessment of the report or relevant facts;

(2) a determination that the case satisfies a criterion in subsection (o) of this section; or

(3) a family’s inability or refusal to participate in the alternative response assessment.

(q) A report assigned for an investigation may be reassigned for an alternative response at any time based on:

(1) a reassessment of the report or relevant facts that demonstrate that the case meets the criteria for an alternative response;

(2) a determination that accepted services would address all issues of risk of abuse or neglect and child safety; and

(3) approval by a caseworker supervisor.

(r) When a report is referred for an alternative response, the local department shall:

(1) see the child and the child’s parent or primary caretaker within 24 hours of receiving a report of physical abuse;

(2) see the child and the child’s parent or primary caretaker within 5 days of receiving a report of neglect;

(3) attempt to have an on–site interview with the child’s parent or primary caretaker;

(4) evaluate the child’s home environment;

(5) decide on the safety of the child, wherever the child is, and of other children in the household;

(6) decide on the safety of other children in the care or custody of the individual suspected of abuse or neglect;

(7) advise the appropriate law enforcement agency that the report has been assigned for an alternative response, if the law enforcement agency made the report of abuse or neglect;

(8) inform the individual suspected of child abuse or neglect of the allegations made against the individual in a manner consistent with laws protecting the rights of the person who made the report;

(9) complete an alternative response assessment within 60 days after the receipt of the report;

(10) within 10 days after completing the alternative response assessment, provide a written report to the family members who are participating in the alternative response assessment as to whether and what services are necessary to address:

(i) the safety of the child or other children in the household; and

(ii) the risk of subsequent abuse or neglect; and

(11) consistent with the assessment and any safety or services plans:

(i) render any appropriate services in the best interests of the child;

(ii) refer the family or child for additional services; or

(iii) as necessary for the safety of the child or other children in the household, establish a plan to monitor the safety plan and the provision or completion of appropriate services.

(s) The local department:

(1) shall:

(i) maintain complete records related to an alternative response and services for 3 years after the report was received if there is no subsequent child welfare involvement; and

(ii) expunge complete records related to an alternative response and services if there is no subsequent child welfare involvement after 3 years;

(2) may not use or disclose records related to an alternative response for purposes of responding to a request for background information for employment or voluntary services; and

(3) shall protect from disclosure records related to an alternative response in accordance with § 1–202 of the Human Services Article.

(t) The Department shall implement policies to ensure that if a local department or the appropriate law enforcement agency fails to see a child in accordance with the time frames established under subsection (c) of this section:

(1) the reason for the delay is documented in the child’s case file; and

(2) a supervisor at the local department:

(i) is notified of the delay in order to support staff in making initial contact with the child; and

(ii) reviews the documentation required under item (1) of this subsection during the review of the final investigation report.

(u) (1) The Department shall prepare and issue a quarterly report identifying investigations or reports that are not completed within the time frames required by this section.

(2) The reports required under this subsection shall include an explanation for each delay, compiled by the Department with input from the local departments.

(3) On or before December 1, 2022, and each December 1 thereafter, the Department shall, subject to § 2–1257 of the State Government Article, report to the General Assembly on the progress of local departments in complying with the time frames for conducting investigations and completing reports under this section.

§5–706. // EFFECTIVE SEPTEMBER 30, 2027 PER CHAPTER 200 OF 2022 //

(a) (1) In this section, “alternative response” means a component of the child protective services program that provides for a comprehensive assessment of:

(i) risk of harm to the child;

(ii) risk of subsequent child abuse or neglect;

(iii) family strengths and needs; and

(iv) the provision of or referral for necessary services.

(2) “Alternative response” does not include:

(i) an investigation; or

(ii) a formal determination as to whether child abuse or neglect has occurred.

(b) Promptly after receiving a report of suspected abuse or neglect of a child who lives in this State that is alleged to have occurred in this State, the local department or the appropriate law enforcement agency, or both, if jointly agreed on, shall make a thorough investigation of a report of suspected abuse or neglect to protect the health, safety, and welfare of the child or children.

(c) Within 24 hours after receiving a report of suspected physical or sexual abuse of a child who lives in this State that is alleged to have occurred in this State, and within 5 days after receiving a report of suspected neglect or suspected mental injury of a child who lives in this State that is alleged to have occurred in this State, the local department or the appropriate law enforcement agency shall:

(1) see the child;

(2) attempt to have an on–site interview with the child’s caretaker;

(3) decide on the safety of the child, wherever the child is, and of other children in the household; and

(4) decide on the safety of other children in the care or custody of the alleged abuser.

(d) The investigation under subsection (c) of this section shall include:

(1) a determination of the nature, extent, and cause of the abuse or neglect, if any;

(2) if mental injury is suspected, an assessment by two of the following:

(i) a licensed physician, as defined in § 14–101 of the Health Occupations Article;

(ii) a licensed psychologist, as defined in § 18–101 of the Health Occupations Article;

(iii) a licensed social worker, as defined in § 19–101 of the Health Occupations Article; or

(iv) a clinical professional counselor licensed under Title 17 of the Health Occupations Article; and

(3) if the suspected abuse or neglect is verified:

(i) a determination of the identity of the person or persons responsible for the abuse or neglect;

(ii) a determination of the name, age, and condition of any other child in the household;

(iii) an evaluation of the parents and the home environment;

(iv) a determination of any other pertinent facts or matters; and

(v) a determination of any needed services.

(e) On request by the local department, the local State’s Attorney shall assist in an investigation under subsections (c) and (d) of this section.

(f) The local department, the appropriate law enforcement agencies, the State’s Attorney within each county and Baltimore City, the local department’s office responsible for child care regulation, the local health officer, and the local child advocacy center shall enter into a written agreement that specifies standard operating procedures for the investigation under subsections (c) and (d) of this section and prosecution of reported cases of suspected abuse or neglect.

(g) (1) The agencies responsible for investigating reported cases of suspected sexual abuse, including the local department, the appropriate law enforcement agencies, and the local State’s Attorney, shall implement a joint investigation procedure for conducting joint investigations of sexual abuse under subsections (c) and (d) of this section.

(2) The joint investigation procedure shall:

(i) include appropriate techniques for expediting validation of sexual abuse complaints;

(ii) include investigation techniques designed to:

1. decrease the potential for physical harm to the child; and

2. decrease any trauma experienced by the child in the investigation and prosecution of the case;

(iii) establish an ongoing training program for personnel involved in the investigation or prosecution of sexual abuse cases; and

(iv) include screening to determine whether a child is a victim of sex trafficking.

(h) (1) To the extent possible, an investigation under subsections (c) and (d) of this section shall be completed within 10 days after receipt of the first notice of the suspected abuse or neglect by the local department or law enforcement agencies.

(2) An investigation under subsections (c) and (d) of this section that is not completed within 30 days shall be completed within 60 days of receipt of the first notice of the suspected abuse or neglect.

(i) Within 5 business days after completion of the investigation of suspected abuse of a child who lives in this State that is alleged to have occurred in this State, the local department and the appropriate law enforcement agency, if that agency participated in the investigation, shall make a complete written report of its findings to the local State’s Attorney.

(j) Promptly after receiving a report of suspected abuse or neglect of a child who lives in this State that is alleged to have occurred outside of this State, the local department shall:

(1) forward the report to the appropriate agency outside of this State that is authorized to receive and investigate reports of suspected abuse or neglect;

(2) cooperate to the extent requested with the out–of–state agency investigating the report; and

(3) if determined appropriate by the local department:

(i) interview the child to assess whether the child is safe; and

(ii) provide services to the child and the child’s family.

(k) Notwithstanding the provisions of this section, the Secretary may implement an alternative response program for selected reports of abuse or neglect.

(l) (1) The Department shall convene a multidisciplinary alternative response advisory council.

(2) The advisory council shall consist of the following members:

(i) the Secretary of Human Services, or the Secretary’s designee;

(ii) the Secretary of Health, or the Secretary’s designee;

(iii) the State Superintendent of Schools, or the Superintendent’s designee;

(iv) a representative from the Maryland Disability Law Center;

(v) a representative from a child advocacy organization;

(vi) a representative from a community partner or a local service provider;

(vii) a pediatrician with experience in diagnosing and treating injuries related to abuse and neglect;

(viii) an attorney with experience representing children or adults in abuse and neglect cases;

(ix) a representative from the Office of the Public Defender;

(x) a parent or guardian who has personal experience with the child protective services system;

(xi) a child who has personal experience with the child protective services system;

(xii) two representatives from local departments of social services; and

(xiii) two representatives from local citizens review panels.

(3) The Secretary of Human Services or the Secretary’s designee shall be the chair of the advisory council.

(4) The advisory council shall advise the Department on:

(i) the development of the alternative response implementation plan, which may include a pilot program;

(ii) oversight and monitoring of the alternative response implementation plan;

(iii) consulting with local citizens review panels, local services affiliates, and other local partners for feedback and recommendations on the alternative response implementation plan;

(iv) defining the scope of the independent evaluation of the implementation of the alternative response program; and

(v) defining the scope of the ongoing evaluation of the alternative response program.

(m) Only a low risk report of abuse or neglect may be considered for an alternative response.

(n) A report that is not assigned for an alternative response shall be assigned for investigation in accordance with this section.

(o) The following reports of suspected abuse or neglect may not be assigned for an alternative response:

(1) sexual abuse; and

(2) abuse or neglect:

(i) occurring in an out–of–home placement;

(ii) resulting in death or serious physical or mental injury;

(iii) if, in the previous 3 years, the individual suspected of abuse or neglect has been identified as responsible for abuse or neglect as documented in the records of the local department; or

(iv) if the individual suspected of abuse or neglect has had one report assigned for an alternative response within the past 12 months or two reports assigned for an alternative response within the past 24 months.

(p) A report assigned for an alternative response may be reassigned at any time for an immediate investigation based on any of the following factors and circumstances:

(1) a reassessment of the report or relevant facts;

(2) a determination that the case satisfies a criterion in subsection (o) of this section; or

(3) a family’s inability or refusal to participate in the alternative response assessment.

(q) A report assigned for an investigation may be reassigned for an alternative response at any time based on:

(1) a reassessment of the report or relevant facts that demonstrate that the case meets the criteria for an alternative response;

(2) a determination that accepted services would address all issues of risk of abuse or neglect and child safety; and

(3) approval by a caseworker supervisor.

(r) When a report is referred for an alternative response, the local department shall:

(1) see the child and the child’s parent or primary caretaker within 24 hours of receiving a report of physical abuse;

(2) see the child and the child’s parent or primary caretaker within 5 days of receiving a report of neglect;

(3) attempt to have an on–site interview with the child’s parent or primary caretaker;

(4) evaluate the child’s home environment;

(5) decide on the safety of the child, wherever the child is, and of other children in the household;

(6) decide on the safety of other children in the care or custody of the individual suspected of abuse or neglect;

(7) advise the appropriate law enforcement agency that the report has been assigned for an alternative response, if the law enforcement agency made the report of abuse or neglect;

(8) inform the individual suspected of child abuse or neglect of the allegations made against the individual in a manner consistent with laws protecting the rights of the person who made the report;

(9) complete an alternative response assessment within 60 days after the receipt of the report;

(10) within 10 days after completing the alternative response assessment, provide a written report to the family members who are participating in the alternative response assessment as to whether and what services are necessary to address:

(i) the safety of the child or other children in the household; and

(ii) the risk of subsequent abuse or neglect; and

(11) consistent with the assessment and any safety or services plans:

(i) render any appropriate services in the best interests of the child;

(ii) refer the family or child for additional services; or

(iii) as necessary for the safety of the child or other children in the household, establish a plan to monitor the safety plan and the provision or completion of appropriate services.

(s) The local department:

(1) shall:

(i) maintain complete records related to an alternative response and services for 3 years after the report was received if there is no subsequent child welfare involvement; and

(ii) expunge complete records related to an alternative response and services if there is no subsequent child welfare involvement after 3 years;

(2) may not use or disclose records related to an alternative response for purposes of responding to a request for background information for employment or voluntary services; and

(3) shall protect from disclosure records related to an alternative response in accordance with § 1–202 of the Human Services Article.
Md. Code, Public Utilities § 5-401 — MD Code / Article gpu / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

Except as otherwise provided in this subtitle or by other law, the provisions of this subtitle are not subject to the jurisdiction of the Commission.
Md. Code, Courts and Judicial Proceedings § 5-525 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-525
§5–525.
Status: in_force

(a) (1) In this section, “constituent service” includes intervention for individuals or entities that have requests of, or grievances against, any public or private entity or individual.

(2) “Constituent service” does not include:

(i) The operation of a motor vehicle or other conveyance; or

(ii) An act or omission that constitutes a criminal offense.

(b) A member of a state legislature, including a member of the General Assembly of Maryland, who, in good faith, provides a constituent service is not civilly liable for any act or omission related to the constituent service and within the scope of the public duties of the member.

(c) This section does not supersede or constitute a waiver of a member’s constitutional, statutory, or common law privileges or immunities.
Md. Code, Courts and Judicial Proceedings § 5-409 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-409
§5–409.
Status: in_force

In the absence of fraud no insurance company or person who furnishes information on its behalf is liable for damages in a civil action for any oral or written statement made or any other action taken that is necessary to supply information required under § 9-605 of the Public Safety Article.
Md. Code, Health - General § 5-407 — MD Code / Article ghg / Title 5 / Subtitle 4 / Section 5-407
§5–407.
Status: in_force

The Board shall first distribute bodies or body parts that are under its exclusive control equitably among the schools described in § 5-403 of this subtitle, and then, at the Board’s discretion, distribute bodies or body parts to other medical study programs. These bodies or body parts may be used only for the promotion and application of medical sciences.
Md. Code, Agriculture § 5-109 — MD Code / Article gag / Title 5 / Subtitle 1 / Section 5-109
§5–109.
Status: in_force

(a) A person may not distribute, sell, or offer for sale, deliver for transportation, or transport in intrastate commerce or between points within the State through any point outside the State any of the following pesticides:

(1) Any unregistered pesticide;

(2) Any adulterated or misbranded pesticide; or

(3) Any pesticide, if any claim made for it or any direction for its use differs in substance from any representation made in its registration statement, or if its composition differs from the composition represented in the registration statement, unless the Department permits a change in the labeling, and the change may be made within a registration period without requiring reregistration. However, the Department may not permit a change in the product name or in the formulation of any product.

(b) A person may not detach, alter, deface, or destroy, wholly or partially, any label or labeling provided for in this subtitle or in departmental rules and regulations adopted pursuant to it.

(c) A person may not add any substance to, or take any substance from, a pesticide in a manner that may defeat the purpose of this subtitle.

(d) A person may not use for his own advantage or reveal any information concerning formulas or products acquired by authority of § 5–105 or § 5–106 of this subtitle, other than to the Secretary, any proper official or employee of the State, to a court of the State in response to a subpoena, to a physician, or, in an emergency, to a pharmacist, or any other qualified person, for use in the preparation of antidotes.
Md. Code, Economic Development § 5-2102 — MD Code / Article gec / Title 5 / Subtitle 21 / Section 5-2102
§5–2102.
Status: in_force

There is an Advisory Commission on Maryland Alcohol Manufacturing in the Department.
Md. Code, State Finance and Procurement § 5A-341 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-341
§5A–341.
Status: in_force

(a) Without a permit, a person may not excavate, remove, destroy, injure, deface, or disturb a submerged archaeological historic property on land over which the State has sovereign control.

(b) A person does not need a permit to inspect, study, explore, photograph, measure, record, or otherwise use and enjoy submerged archaeological historic property on land over which the State has sovereign control if the use or activity does not:

(1) involve the excavation, removal, destruction, injury, or disturbance of the submerged archaeological historic property or its immediate environment;

(2) endanger other persons or property; or

(3) violate any law.

(c) (1) Regulations under § 5A-340(e) of this subtitle shall provide that an individual does not need a permit to collect from submerged archaeological historic property a limited number of objects or materials recoverable by hand or with the use of screwdrivers, wrenches, or pliers.

(2) The State is not liable for injury or loss sustained by an individual engaged in activity authorized in accordance with paragraph (1) of this subsection.

(d) The Trust does not need a permit to do anything for which a permit is required under this section, but shall obtain approval for the undertaking from the Board of Public Works.

(e) The Trust shall establish a program for issuing and administering permits for activity that involves the removal, excavation, destruction, injury, or disturbance of submerged archaeological historic property on land over which the State has sovereign control.

(f) Subject to subsection (g) of this section, the Trust may issue to any person a permit granting an exclusive right to remove, excavate, destroy, injure, or disturb submerged archaeological historic property on land over which the State has sovereign control for the term and under the conditions that the Trust considers appropriate if:

(1) the Trust and the applicant for the permit have entered into an agreement under § 5A-340(c) of this subtitle; and

(2) the Trust determines that issuing the permit is in the best interest of the State and that the applicant for the permit has submitted a research plan that meets standards established by the Trust for:

(i) professional qualifications of the applicant and persons working under the permit;

(ii) techniques and methodology for the recovery and dissemination of data; and

(iii) proper conservation of information and materials.

(g) The Trust may not issue a permit to a person that seeks title to part or all of submerged archaeological historic property, or to a person that seeks to use submerged archaeological historic property for commercial salvage or another income-producing purpose, unless:

(1) the applicant has provided the Trust with assurance acceptable to the Trust that the project will be carried out and completed in accordance with a research plan under subsection (f)(2) of this section; and

(2) the Trust finds that:

(i) the submerged archaeological historic property is threatened with imminent destruction or substantial damage by natural or human factors unrelated to the proposed commercial excavation or disturbance;

(ii) the submerged archaeological historic property is not of major scientific, archaeological, anthropological, historical, recreational, or other public value;

(iii) the proposed excavation or disturbance will be minor and will produce information relevant to the statewide comprehensive historic preservation plan prepared by the Trust under § 5A-318(c)(4) of this subtitle; or

(iv) the submerged archaeological historic property will not be excavated or disturbed by any other person in the foreseeable future and will remain submerged until it is excavated or disturbed.

(h) The Trust may charge a reasonable fee to issue a permit and may require an applicant or permit holder to pay for the cost of the Trust’s review, administration, and supervision of the permit.

(i) The Director or the Director’s designee may enforce this section and may:

(1) issue a summons for a violation of this section or of a permit issued under this section;

(2) seize objects or materials removed from a submerged archaeological historic property, if the removal took place without a permit on or after July 1, 1988, or if the removal was contrary to the terms of a permit; and

(3) revoke a permit on a finding that the permit was issued improperly or the terms of the permit have been violated.
Md. Code, Courts and Judicial Proceedings § 5-808 — MD Code / Article gcj / Title 5 / Subtitle 8 / Section 5-808
§5–808.
Status: in_force

(a) In this section, “person” does not include a governmental entity.

(b) A person is not liable for damages for a personal injury or death of an individual who enters the person’s dwelling or place of business if:

(1) The person reasonably believes that force or deadly force is necessary to repel an attack by the individual; and

(2) The amount and nature of the force used by the person is reasonable under the circumstances.

(c) Subsection (b) of this section does not apply to a person who is convicted of a crime of violence under § 14–101 of the Criminal Law Article, assault in the second degree, or reckless endangerment arising out of the circumstances described in subsection (b) of this section.

(d) The court may award costs and reasonable attorney’s fees to a defendant who prevails in a defense under this section.

(e) This section does not limit or abrogate any immunity from civil liability or defense available to a person under any other provision of the Code or at common law.
Md. Code, Health Occupations § 5-310.1 — MD Code / Article gho / Title 5 / Subtitle 3 / Section 5-310.1
§5–310.
Status: in_force

§5–310.1.

(a) Unless the Board agrees to accept the surrender of a license, a licensed dietitian-nutritionist may not surrender the license nor may the license lapse by operation of law while the licensee is under investigation or while charges are pending against the licensee.

(b) The Board may set conditions on its agreement with the licensee under investigation or against whom charges are pending to accept surrender of the license.
Md. Code, Insurance § 5-307 — MD Code / Article gin / Title 5 / Subtitle 3 / Section 5-307
§5–307.
Status: in_force

(a) (1) In this subsection, “guaranteed benefits” means future guaranteed life insurance and endowment benefits.

(2) Except as otherwise provided in paragraph (4) of this subsection and in §§ 5–308 and 5–311 of this subtitle, for the life insurance and endowment benefits of a policy that provides for a uniform amount of insurance and requires the payment of uniform premiums, the reserve according to the Commissioners reserve valuation method shall be the amount, if any, that the present value, at the date of valuation, of the guaranteed benefits under the policy exceeds the present value, at the date of valuation, of any future modified net premiums for the policy, as determined under paragraph (3) of this subsection.

(3) (i) For purposes of this subsection, the modified net premiums for a policy equal a uniform percentage of the respective contract premiums for the guaranteed benefits under the policy calculated so that the present value, at the date of issue of the policy, of the sum of all the modified net premiums equals the sum of:

1. the present value, at the date of issue, of the guaranteed benefits under the policy; and

2. the amount by which the net level annual premium determined under subparagraph (ii) of this paragraph exceeds a net 1–year term premium for the guaranteed benefits provided for in the first policy year.

(ii) 1. Except as provided in subsubparagraph 2 of this subparagraph, the net level annual premium to be used in the calculation in this paragraph equals a fraction:

A. the numerator of which is the present value, at the date of issue, of the guaranteed benefits provided for after the first policy year; and

B. the denominator of which is the present value, at the date of issue, of an annuity of one per year payable on the first and each subsequent anniversary of the policy on which a premium falls due.

2. The net level annual premium determined under this subparagraph may not exceed the net level annual premium on the 19–year premium whole life plan for insurance of the same amount at an age 1 year higher than the age at issue of the policy for which the reserve is calculated under this subsection.

(4) (i) 1. In this paragraph the following words have the meanings indicated.

2. “Assumed ending date” means the first policy anniversary of a policy on which the sum of any endowment benefit under the policy and any cash surrender value available on that policy anniversary is greater than the excess first year premium.

3. “Excess first year premium” means the amount by which the contract premium in the first policy year of a policy exceeds the premium in the second policy year.

(ii) This paragraph applies to a life insurance policy issued on or after January 1, 1986:

1. for which the contract premium in the first policy year exceeds the premium in the second year;

2. that does not provide a comparable additional benefit in the first year for the excess first year premium; and

3. that provides an endowment benefit or a cash surrender value or a combination in an amount greater than the excess first year premium.

(iii) For a policy described in subparagraph (ii) of this paragraph, except as provided in § 5–311 of this subtitle, the reserve according to the Commissioners reserve valuation method as of any policy anniversary on or before the assumed ending date of the policy shall be the greater of:

1. the reserve calculated under paragraph (2) of this subsection; or

2. the reserve calculated under paragraph (2) of this subsection modified as follows:

A. the net level annual premium determined under paragraph (3)(ii) of this subsection shall be reduced by 15% of the excess first year premium;

B. all present values of benefits and premiums shall be determined without reference to premiums or benefits provided under the policy after the assumed ending date;

C. the policy shall be assumed to mature on the assumed ending date as an endowment; and

D. the cash surrender value provided on the assumed ending date shall be considered as an endowment benefit.

(iv) In making the calculation under subparagraph (iii) of this paragraph, the mortality and interest bases stated in §§ 5–304 and 5–306 of this subtitle shall be used.

(b) (1) This subsection applies to:

(i) life insurance policies that provide for a varying amount of insurance or require the payment of varying premiums;

(ii) group annuity contracts and pure endowment contracts purchased under a retirement plan or plan of deferred compensation, established or maintained by an employer, an employee organization, or both, unless the plan provides individual retirement accounts or individual retirement annuities under § 408 of the Internal Revenue Code;

(iii) disability and accidental death benefits and benefits for long–term home health care and long–term care in a nursing home or other related institution in all policies and contracts; and

(iv) all other benefits, except:

1. life insurance and endowment benefits in life insurance policies; and

2. benefits provided by annuity contracts or pure endowment contracts not described in item (ii) of this paragraph.

(2) For a policy, contract, or benefit to which this subsection applies, the reserve according to the Commissioners reserve valuation method shall be calculated by a method consistent with the principles of subsection (a) of this section, disregarding in the determination of modified net premiums any extra premiums charged because of impairments or special hazards.
Md. Code, Real Property § 5-106 — MD Code / Article grp / Title 5 / Subtitle 1 / Section 5-106
§5–106.
Status: in_force

Every assignment of any beneficial interest in a trust, the assets of which wholly or partially consist of land, is void unless the assignment is:

(1) In writing signed by the assignor or his agent lawfully authorized by writing; or

(2) By his last will in writing.
Md. Code, Environment § 5-203.1 — MD Code / Article gen / Title 5 / Subtitle 2 / Section 5-203.1
§5–203.
Status: in_force

§5–203.1.

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

(2) (i) “Commercial activity” means a project or activity undertaken for consideration, regardless of whether a profit is made.

(ii) “Commercial activity” includes:

1. A subdivision;

2. A development; and

3. Constructing or operating a marina.

(3) “Commercial building” means a building that is used primarily for commercial activity.

(4) “Development” means a project for the construction of:

(i) Two or more residential dwelling units;

(ii) A commercial structure; or

(iii) An industrial structure.

(5) “Dwelling unit” means a property that contains:

(i) One or more rooms used as a residence;

(ii) Kitchen facilities; and

(iii) Bathroom facilities.

(6) “Major project” means a project that:

(i) Proposes to permanently impact 5,000 square feet or more of wetlands or waterways, including the 100–year floodplain;

(ii) Is located in an area identified as potentially impacting a nontidal wetland of special State concern by a geographical information system database that:

1. Has been developed and maintained by the Department of Natural Resources; and

2. Is used by the Department to screen incoming applications; or

(iii) Requires the issuance of a public notice by the Department.

(7) “Marina” means a facility for the mooring, docking, or storing of more than 10 vessels on tidal navigable waters, including a commercial, noncommercial, or community facility.

(8) “Minor project” means a project that:

(i) Proposes to permanently impact less than 5,000 square feet of wetlands or waterways, including the 100–year floodplain; and

(ii) Does not meet the definition of a major project.

(9) “Residential activity” means a noncommercial activity that is conducted on residential property.

(10) (i) “Residential property” means improved property that is used primarily as a residence or unimproved property that is zoned for use as a residence.

(ii) “Residential property” includes:

1. Property owned by a homeowners’ association; and

2. A condominium.

(iii) “Residential property” does not include:

1. A commercial building;

2. A marina; or

3. A residential apartment complex or building.

(11) (i) “Subdivision” means the division of a lot, tract, or parcel of land into two or more lots, plots, sites, tracts, parcels, or other divisions for the immediate or future purpose of selling or development.

(ii) “Subdivision” includes resubdivision.

(12) “Tier II High Quality Watershed” means the land and water areas that drain toward or into a Tier II High Quality Watershed as designated and identified in a geographic information system by the Department.

(b) (1) Except as provided under paragraphs (2), (3), (6), and (7) of this subsection, all applications for wetlands and waterways authorizations issued by the Department under §§ 5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of this article or wetlands licenses issued by the Board of Public Works under § 16–202 of this article shall be accompanied by an application fee as follows:

(i) For an application for a minor project or general permit....................................................................................................................... $980;

(ii) For an application for a minor modification................. $330;

(iii) For an application for a major project with a proposed permanent impact of:

1. Less than 1/4 acre............................................ $1,950;

2. At least 1/4 acre, but less than 1/2 acre.......... $3,890;

3. At least 1/2 acre, but less than 3/4 acre.......... $5,830;

4. At least 3/4 acre, but less than 1 acre............. $7,780; and

5. 1 acre or more.......the impact area in acres multiplied by $9,720; and

(iv) For an application for a major modification.............. $1,950.

(2) The following are exempt from the application fees established under paragraph (1) of this subsection:

(i) Regulated activities conducted by the State, a municipal corporation, county, bicounty or multicounty agency under Division II of the Land Use Article or Division II of the Public Utilities Article, or a unit of the State, a municipal corporation, or a county;

(ii) Performance of agricultural best management practices contained in a soil conservation and water quality plan approved by the appropriate soil conservation district;

(iii) Performance of forestry best management practices contained in an erosion and sediment control plan:

1. Prepared by a registered forester; and

2. Approved by the appropriate soil conservation district;

(iv) Stream restoration, vegetative shoreline stabilization, wetland creation, or other project in which the primary effect is to enhance the State’s wetland or water resources; and

(v) Aquacultural activities for which the Department of Natural Resources has issued a permit under Title 4, Subtitle 11A of the Natural Resources Article.

(3) Except as provided in paragraph (4) of this subsection, the following shall be minor projects and subject to the appropriate application fee under paragraphs (1)(i) and (ii) and (7)(i) of this subsection:

(i) A residential activity issued a permit under §§ 5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of this article; and

(ii) A mining activity undertaken on affected land as identified in a permit issued under Title 15 of this article.

(4) Subject to paragraphs (5) and (7) of this subsection, an application for the following minor projects shall be accompanied by the following application fees:

(i) Installation of:

1. One boat lift or hoist, not exceeding four boat lifts or hoists per pier;

2. One personal watercraft lift or hoist, not exceeding six personal watercraft lifts or hoists per pier; or

3. A combination of boat lifts or hoists and personal watercraft lifts or hoists, not exceeding six lifts or hoists per pier, of which not more than four lifts or hoists are boat lifts or hoists $385;

(ii) Installation of a maximum of six mooring pilings........ $390;

(iii) In–kind repair and replacement of structures............. $390;

(iv) Installation of a fixed or floating platform on an existing pier where the total platform area does not exceed 200 square feet............................................................................................................................ $390;

(v) Construction of a nonhabitable structure that permanently impacts less than 1,000 square feet, such as a driveway, deck, pool, shed, or fence.......................................................................................................................... $390;

(vi) Replacement of an existing bulkhead where the replacement bulkhead does not exceed more than 18 inches channelward of the existing structure..................................................................................................... $650; and

(vii) In–kind repair and replacement of existing infrastructure........................................................................................................... $650.

(5) The Department may not require an application fee for:

(i) The installation of a boat lift, hoist, or personal watercraft lift on existing pilings; or

(ii) If the existing structure is functional and there is no increase in the original length, width, height, or channelward encroachment authorized under § 16–202, § 16–302, or § 16–307 of this article, the routine maintenance, repair, or replacement of:

1. A highway structure;

2. A pier;

3. A boathouse;

4. A structure on a pier;

5. A bulkhead;

6. A revetment;

7. A tidal impoundment dike;

8. A water control structure;

9. An aboveground transmission facility;

10. An agricultural drainage ditch; or

11. A highway drainage ditch.

(6) The application fee for a structural shoreline stabilization project located on or adjacent to a State–owned lake may not exceed $290.

(7) Except as provided in paragraphs (2) and (5) of this subsection, all applications for wetlands and waterways authorizations issued by the Department for activities proposed in a Tier II High Quality Watershed shall be accompanied by an additional application fee, as follows:

(i) For an application for a minor project or minor modification………………………………………………...…………………………….. $400; and

(ii) For an application for a major project or major project modification……………………………………………………………..……………… $1,600.

(8) (i) The Department may adjust the fees established under paragraphs (1), (4), (6), and (7) of this subsection to reflect changes in the consumer price index for all “urban consumers” for the expenditure category “all items not seasonally adjusted”, and for all regions.

(ii) The Annual Consumer Price Index for the period ending each December, as published by the Bureau of Labor Statistics of the U.S. Department of Labor, shall be used to adjust the fees established under paragraphs (1), (4), (6), and (7) of this subsection.

(iii) The Department shall issue a public notice of the adjusted fees at least 90 days before the new fee rates take effect.

(c) (1) There is a Wetlands and Waterways Program Fund.

(2) The Department shall administer the Fund.

(3) The Treasurer shall hold the Fund separately and the Comptroller shall account for the Fund.

(4) The Fund consists of all:

(i) Application fees collected by the Department under this section;

(ii) Monetary compensation paid to the State in conjunction with a wetlands license other than that compensation specified in § 16–205(e)(2) of this article;

(iii) Money appropriated in the State budget to the Fund; and

(iv) Investment earnings, interest, and any other money from any other source accepted for the benefit of the Fund.

(5) In accordance with subsection (e) of this section, the Department shall use the Wetlands and Waterways Program Fund for activities related to:

(i) The issuance of authorizations by the Department under §§ 5–503 and 5–906 of this title and §§ 16–202, 16–302, and 16–307 of this article or the issuance of wetlands licenses by the Board of Public Works under § 16–202 of this article;

(ii) The management, conservation, protection, and preservation of the State’s wetlands and waterways resources, including Tier II High Quality Waters and Tier II High Quality Watersheds; and

(iii) Program development associated with this title and Title 16 of this article, as provided by the State budget.

(d) On or before December 31 of each year, in accordance with § 2–1257 of the State Government Article, the Department shall prepare and submit an annual report to the House Environment and Transportation Committee, the House Appropriations Committee, the Senate Education, Energy, and the Environment Committee, and the Senate Budget and Taxation Committee on the Wetlands and Waterways Program Fund, including an accounting of financial receipts deposited into the Fund and expenditures from the Fund.

(e) The Department shall:

(1) Prioritize the use of the Wetlands and Waterways Program Fund to improve the level of service to the regulated community;

(2) Identify and implement measures that will reduce delays and duplication in the administration of the wetlands and waterways permit process, including the processing of applications for wetlands and waterways permits in accordance with § 1–607 of this article; and

(3) In conjunction with the Department of Natural Resources, identify up to three types of structural shoreline stabilization practices that may be implemented on or adjacent to a State–owned lake.
Md. Code, Education § 5-232 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-232
§5–232.
Status: in_force

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

(2) “Eligible child” means a child:

(i) Whose parent or guardian enrolls the child in a public prekindergarten program; and

(ii) Who is 4 years old on September 1 of the school year in which the parent or legal guardian enrolls the child in a public prekindergarten program.

(3) “Eligible county board” means a county board that makes a full–day public prekindergarten program available for eligible children.

(4) “State share of the per pupil foundation amount” means the quotient of the State share of the foundation program for a county divided by the full–time equivalent enrollment of the county.

(b) For each of fiscal years 2018 through 2022, the State shall provide a supplemental prekindergarten grant to an eligible county board that equals the percentage of the State share of the per pupil foundation amount multiplied by the number of full–time equivalent eligible children enrolled in a public full–day prekindergarten program on September 30 of the previous school year:

(1) For fiscal year 2018, 50%;

(2) For fiscal year 2019, 75%;

(3) For fiscal year 2020, 100%; and

(4) For each of fiscal years 2021 and 2022, 100%.

(c) The State shall distribute the supplemental prekindergarten grant at the same time the State distributes funds to county boards under this subtitle.
Md. Code, Economic Development § 5-2206 — MD Code / Article gec / Title 5 / Subtitle 22 / Section 5-2206
§5–2206.
Status: in_force

§5–2206. IN EFFECT

// EFFECTIVE UNTIL JUNE 30, 2029 PER CHAPTER 485 OF 2022 //

The Department shall adopt regulations to carry out this subtitle.
Md. Code, Environment § 5-609 — MD Code / Article gen / Title 5 / Subtitle 6 / Section 5-609
§5–609.
Status: in_force

(a) This subtitle shall be liberally construed to effectuate its intents and purposes.

(b) This subtitle may not be construed to be in derogation of any powers or State laws, but shall be regarded as supplemental and in addition to powers conferred by other laws.
Md. Code, General Provisions § 5-525 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-525
§5–525.
Status: in_force

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

(2) “Conflict of interest policies” means policies adopted by a governing board and approved:

(i) by the Office of the Attorney General; and

(ii) as to conformity with this section, by the Ethics Commission.

(3) “Educational institution” means:

(i) a public senior higher education institution as defined in § 10–101 of the Education Article;

(ii) a center or an institute of the University System of Maryland that is designated in the conflict of interest policies adopted by the System’s Board of Regents; or

(iii) the University System of Maryland Administration, for which the Chancellor of the System shall be considered the president for purposes of this section.

(4) “Governing board” has the meaning provided in § 10–101 of the Education Article.

(5) “Relationship” includes any:

(i) interest;

(ii) service;

(iii) employment;

(iv) gift; or

(v) other benefit or relationship.

(6) (i) “Research or development” means basic or applied research or development.

(ii) “Research or development” includes:

1. the development or marketing of university–owned technology;

2. the acquisition of services of an official or employee by an entity for research and development purposes; or

3. participation in State economic development programs.

(b) (1) Each educational institution engaged in research or development shall develop conflict of interest procedures based on:

(i) conflict of interest policies developed by its governing board; and

(ii) the purposes of this title specified in § 5–102 of this title.

(2) Before they may become effective, the procedures and policies developed under this subsection shall be approved by:

(i) the Office of the Attorney General; and

(ii) as to conformity with this section, the Ethics Commission.

(c) The procedures adopted by an educational institution under subsection (b) of this section shall:

(1) require disclosure of any interest in, employment by, or other relationship with an entity for which an exemption under this section is claimed, on a form filed with the Ethics Commission and maintained as a public record at the educational institution;

(2) require a review of all disclosures by a designated official, who shall determine what:

(i) further information must be disclosed; and

(ii) restrictions shall be imposed by the educational institution to manage, reduce, or eliminate any actual or potential conflict of interest;

(3) include guidelines to ensure that interests and employment for which an exemption under this section is claimed do not:

(i) improperly give an advantage to entities in which the interests or employment are maintained;

(ii) lead to misuse of institution students or employees for the benefit of entities in which the interests or employment are maintained; or

(iii) otherwise interfere with the duties and responsibilities of the exempt official or employee;

(4) require approval by the president of the educational institution of any interest or employment for which an exemption is claimed under this section; and

(5) require approval by the governing board of the educational institution if an exemption is claimed by the president of the educational institution.

(d) Policies and procedures adopted under this section may provide for periodic consultation with the Department of Commerce and with federal agencies that have imposed regulatory requirements on federally funded research, concerning the implementation of this section.

(e) (1) Except as provided in subsection (f) of this section, a present or former official or employee at an educational institution may have a relationship, otherwise prohibited by this subtitle, with an entity engaged in research or development, or with an entity having a direct interest in the outcome of research or development, only if:

(i) the educational institution has adopted policies and procedures in accordance with this section; and

(ii) the official or employee has complied with the policies and procedures.

(2) If the provisions of this subsection are not met, the official or employee is not exempt from any relevant provisions of this subtitle.

(f) (1) This section does not exempt an official or employee at an educational institution from the provisions of § 5–505 of this subtitle.

(2) An official or employee at an educational institution may not:

(i) represent a party for contingent compensation in any matter before the institution’s governing board or before the Board of Public Works; or

(ii) intentionally misuse the individual’s State position for the individual’s personal gain or for the gain of another person.

(g) Each governing board shall report quarterly to the Governor, the Legislative Policy Committee of the General Assembly, and the Ethics Commission:

(1) the number of approvals granted under subsection (c) of this section; and

(2) how the conflict of interest policies and procedures adopted under this section have been implemented in the preceding year.

(h) (1) This subsection applies to an official who is:

(i) a chancellor, vice chancellor, president, or vice president at a public senior higher educational institution in the State; or

(ii) an individual who holds a similar position at a public senior higher educational institution in the State.

(2) An official subject to this subsection may not receive an exemption under this section unless the governing board of the educational institution finds that:

(i) participation by, and the financial interest or employment of, the official is necessary to the success of the research or development activity; and

(ii) the conflict of interest can be managed consistent with the purposes of this section and other relevant provisions of this title.

(3) Notwithstanding subsection (g) of this section, the governing board of an educational institution promptly shall notify the Ethics Commission in writing of any exemption that is granted under this section to an official subject to this subsection.

(4) (i) If the Ethics Commission disagrees with an exemption that is granted by the governing board of an educational institution to an official who is subject to this subsection, within 30 days after receipt of the notice under paragraph (3) of this subsection, the Ethics Commission shall notify the governing board of the reason for its disagreement.

(ii) On receipt of the notice from the Ethics Commission under subparagraph (i) of this paragraph, the governing board of the educational institution shall reexamine the matter.

(i) This section may be cited as the Public–Private Partnership Act.
Md. Code, Courts and Judicial Proceedings § 5-632 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-632
§5–632.
Status: in_force

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

(2) “Hospital” has the meaning stated in § 19-301 of the Health - General Article.

(3) “Related institution” has the meaning stated in § 19-301 of the Health - General Article.

(b) Except as provided in subsection (c) of this section, a hospital or related institution is not immune from liability for negligence or any other tort on the grounds that the hospital or related institution is a charitable institution.

(c) A hospital or related institution that is a charitable institution and is insured against this liability in an amount of not less than $100,000 is not liable for damages in excess of the limits of that insurance.
Md. Code, Family Law § 5-331 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-331
§5–331.
Status: in_force

(a) Before termination of parental rights as to a child, a petition for adoption of the child may be filed only as provided in this Part III of this subtitle.

(b) (1) With the consent of the local department with custody of a child, any adult may petition a juvenile court under this Part III of this subtitle to adopt the child.

(2) If a petitioner under this section is married, the petitioner’s spouse shall join in the petition unless the spouse:

(i) is separated from the petitioner under a circumstance that gives the petitioner a ground for annulment or divorce; or

(ii) is not competent to join in the petition.

(c) (1) A petitioner under this section shall attach to a petition:

(i) for a parent who is dead, a death certificate;

(ii) for each other parent:

1. the consent required under this Part III of this subtitle;

2. an affidavit, by the local department with custody of the child, stating that:

A. despite reasonable efforts as provided in § 5-316 of this subtitle, the parent cannot be located; and

B. to the best knowledge of the local department, the parent has not contacted the local department or child for at least 180 days immediately before the filing of the petition; or

3. if applicable:

A. proof of guardianship or relinquishment of parental rights granted by an administrative, executive, or judicial body of a state or other jurisdiction; and

B. certification that the guardianship or relinquishment was granted in compliance with the jurisdiction’s laws;

(iii) each other consent required under § 5-338 of this subtitle;

(iv) a copy of an agreement, if any, for postadoption contact; and

(v) a notice of filing that:

1. states the date on which the petition was filed;

2. identifies each person whose consent was filed with the petition;

3. states the obligation of a parent to give the juvenile court and local department notice of each change in the parent’s address;

4. if applicable, states that a postadoption agreement was filed with the petition; and

5. includes no identifying information that would be in violation of an agreement or consent.

(2) In addition to a copy of an agreement for postadoption contact, a petitioner shall file the original agreement under seal.

(d) If the marital status of a petitioner changes before entry of an order, the petitioner shall amend the petition accordingly.

(e) The local department with custody of the child shall assist a petitioner in complying with the requirements of this section.
Md. Code, Transportation § 5-211 — MD Code / Article gtr / Title 5 / Subtitle 2 / Section 5-211
§5–211.
Status: in_force

An officer or employee of the Department may not be required to testify in any suit, action, or other proceeding that involves aircraft, either:

(1) With respect to any fact ascertained in or information gained by reason of his official capacity; or

(2) As an expert witness.
Md. Code, Economic Development § 5-2601 — MD Code / Article gec / Title 5 / Subtitle 26 / Section 5-2601
§5–2601.
Status: in_force

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

(b) “Commission” means the Maryland Aerospace and Technology Commission.

(c) “Institution of higher education” means an educational institution in the State that:

(1) by law or charter:

(i) is a public or nonprofit educational institution; and

(ii) is authorized to provide:

1. a program of education beyond the high school level and award a bachelor’s or advanced degree; or

2. a program of 2 or more years’ duration that is accepted for full credit toward a bachelor’s degree; and

(2) meets the standards and regulations that the Maryland Higher Education Commission prescribes and is authorized to issue a certificate, diploma, or degree under Title 12 of the Education Article.

(d) “Zone” means an aerospace and technology zone designated under § 5–2607 of this subtitle.
Md. Code, Environment § 5-1102 — MD Code / Article gen / Title 5 / Subtitle 11 / Section 5-1102
§5–1102.
Status: in_force

§5–1102. IN EFFECT

(a) (1) Subject to paragraph (2) of this subsection, a person may not redeposit in an unconfined manner dredged material from Baltimore Harbor into or onto any portion of the water or bottomland of the Chesapeake Bay or of the tidewater portions of any of the Chesapeake Bay’s tributaries outside of Baltimore Harbor.

(2) The dredged material may be redeposited in contained areas approved by the Department.

(b) A person may not redeposit in an unconfined manner Baltimore County tributary dredged material into or onto any portion of the water or bottomland of the Chesapeake Bay or of the tidewater portions of any of the Chesapeake Bay’s tributaries within 5 miles of the Hart–Miller–Pleasure Island chain in Baltimore County.

(c) (1) Except as provided in subsection (d) of this section and subject to paragraph (2) of this subsection, a person may not redeposit in an unconfined manner dredged material into or onto any portion of the water or bottomland of the Chesapeake Bay or of the tidewater portion of any of the Chesapeake Bay’s tributaries except when used for a beneficial use project undertaken in accordance with State and federal laws.

(2) The dredged material may be redeposited in contained areas approved by the Department.

(d) (1) Beginning October 1, 2001, subject to paragraph (2) of this subsection, and in accordance with State and federal law, a person may redeposit up to 7.4 million cubic yards of dredged material into or onto any portion of the water, bottomland, or the tidewater portions of the Chesapeake Bay collectively known as Pooles Island, including G–West and Site 92.

(2) The redeposit of dredged material authorized under this subsection may not occur after the sooner of:

(i) December 31, 2010; or

(ii) The initiation of the placement of dredged material in any site or sites approved pursuant to the process established in § 5–1104.2(d)(1) of this subtitle if the total capacity of the approved site or sites, when combined with the approved capacity of existing placement sites identified in the October 1, 2000 report to the Maryland General Assembly regarding the Governor’s Strategic Plan for Dredged Material Management, provide 20 years of placement capacity for dredged material.

(e) A person may not dump, deposit, scatter, or release sewage sludge by any means, including discharge from a sewer or pipe, into or onto any portion of the water or bottomland of the Chesapeake Bay or of the tidewater portions of any of the Chesapeake Bay’s tributaries within 5 miles of the Hart–Miller–Pleasure Island chain in Baltimore County.

(f) A person may not redeposit dredged material or other material excavated or dredged from the Chesapeake Bay or its tidal tributaries into or onto the area of the bottomlands or waters of the Chesapeake Bay known as the deep trough.

(g) (1) The Department may not process or make any recommendation to the Board of Public Works regarding an application for the alteration of any tidal wetland or waters of the State submitted for the purpose of constructing a confined aquatic disposal cell from June 1, 2025, through May 31, 2029, both inclusive.

(2) The Board of Public Works may not approve an application for the alteration of any tidal wetland or waters of the State submitted for the purpose of constructing a confined aquatic disposal cell from June 1, 2025, through May 31, 2029, both inclusive.

§5–1102. // EFFECTIVE MAY 31, 2029 PER CHAPTER 14 OF THE 2025 SPECIAL SESSION //

(a) A person may not redeposit in an unconfined manner dredged material from Baltimore Harbor into or onto any portion of the water or bottomland of the Chesapeake Bay or of the tidewater portions of any of the Chesapeake Bay’s tributaries outside of Baltimore Harbor. However, the dredged material may be redeposited in contained areas approved by the Department.

(b) A person may not redeposit in an unconfined manner Baltimore County tributary dredged material into or onto any portion of the water or bottomland of the Chesapeake Bay or of the tidewater portions of any of the Chesapeake Bay’s tributaries within 5 miles of the Hart–Miller–Pleasure Island chain in Baltimore County.

(c) Except as provided in subsection (d) of this section, a person may not redeposit in an unconfined manner dredged material into or onto any portion of the water or bottomland of the Chesapeake Bay or of the tidewater portion of any of the Chesapeake Bay’s tributaries except when used for a beneficial use project undertaken in accordance with State and federal laws. However, the dredged material may be redeposited in contained areas approved by the Department.

(d) (1) Beginning October 1, 2001, subject to paragraph (2) of this subsection, and in accordance with State and federal law, a person may redeposit up to 7.4 million cubic yards of dredged material into or onto any portion of the water, bottomland, or the tidewater portions of the Chesapeake Bay collectively known as Pooles Island, including G–West and Site 92.

(2) The redeposit of dredged material authorized under this subsection may not occur after the sooner of:

(i) December 31, 2010; or

(ii) The initiation of the placement of dredged material in any site or sites approved pursuant to the process established in § 5–1104.2(d)(1) of this subtitle if the total capacity of the approved site or sites, when combined with the approved capacity of existing placement sites identified in the October 1, 2000 report to the Maryland General Assembly regarding the Governor’s Strategic Plan for Dredged Material Management, provide 20 years of placement capacity for dredged material.

(e) A person may not dump, deposit, scatter, or release sewage sludge by any means, including discharge from a sewer or pipe, into or onto any portion of the water or bottomland of the Chesapeake Bay or of the tidewater portions of any of the Chesapeake Bay’s tributaries within 5 miles of the Hart–Miller–Pleasure Island chain in Baltimore County.

(f) A person may not redeposit dredged material or other material excavated or dredged from the Chesapeake Bay or its tidal tributaries into or onto the area of the bottomlands or waters of the Chesapeake Bay known as the deep trough.
Md. Code, Corporations and Associations § 5-126 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-126
§5–126.
Status: in_force

An application of a foreign professional corporation for a certificate of authority to render professional services in the State shall contain the information required under Title 1, Subtitle 5 of this article and, in addition, shall include a statement that all of the stockholders, a majority of the directors, and all of the officers of the corporation, other than the secretary and treasurer, are licensed in one or more states to render a professional service described in the corporation’s articles of incorporation.
Md. Code, Environment § 5-414 — MD Code / Article gen / Title 5 / Subtitle 4 / Section 5-414
§5–414.
Status: in_force

The Authority shall prepare a budget to support its continued operation. One-half of the Authority’s budget shall be requested by the Department from the General Assembly and the represented counties shall provide the other half. The Authority shall adopt a formula to determine each county’s share of the budget.
Md. Code, Family Law § 5-202 — MD Code / Article gfl / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

When a criminal or equity court of this State annuls a marriage, or when an equity court of this State decrees an absolute divorce for a reason that makes the marriage void ab initio, the court in the decree shall declare each child of the marriage to be a legitimate child of the parties to the marriage.
Md. Code, Health - General § 5-1007 — MD Code / Article ghg / Title 5 / Subtitle 10 / Section 5-1007
§5–1007.
Status: in_force

This subtitle may not be construed to prohibit a person from:

(1) Testifying in a civil or criminal action about matters that occurred in a State team meeting if the testimony will be based on the person’s independent knowledge; or

(2) Investigating or reviewing a suicide death under any other provision of law.
Md. Code, Economic Development § 5-444 — MD Code / Article gec / Title 5 / Subtitle 4 / Section 5-444
§5–444.
Status: in_force

(a) (1) The Authority shall participate in financial assistance programs for energy projects provided by the federal Energy Security Act, P.L. 96-294.

(2) For purposes of that Act, the Authority is a “person” as defined in:

(i) 42 U.S.C. § 8802, concerning the financing of biomass energy, municipal solid waste, and alcohol fuels projects; and

(ii) 30 U.S.C. § 1511, concerning the financing of geothermal energy projects.

(b) For purposes of the federal Public Utility Regulatory Policies Act of 1978, the Authority is a “nonprofit organization” as defined in 16 U.S.C. § 2708 and used in 16 U.S.C. §§ 2702 and 2703, concerning small-scale hydropower projects.
Md. Code, Courts and Judicial Proceedings § 5-708 — MD Code / Article gcj / Title 5 / Subtitle 7 / Section 5-708
§5–708.
Status: in_force

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

(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, State Finance and Procurement § 5-301 — MD Code / Article gsf / Title 5 / Subtitle 3 / Section 5-301
§5–301.
Status: in_force

(a) The Department is the staff agency of the Governor for planning matters with the exception of capital facilities planning.

(b) (1) The Department is the principal staff agency for planning matters concerning the resources and development of the State.

(2) In this capacity, the Department shall undertake special studies, submit reports, and give advice to the Governor at the request of the Governor.
Md. Code, General Provisions § 5-607 — MD Code / Article ggp / Title 5 / Subtitle 6 / Section 5-607
§5–607.
Status: reserved

(a) A statement that is required under § 5–601(a) of this subtitle shall contain schedules disclosing the information and interests specified in this section, if known, for the individual making the statement for the applicable period.

(a–1) An individual who is required to disclose the name of a business under this section shall disclose any other names that the business is trading as or doing business as.

(b) (1) The statement shall include a schedule of each interest in real property, wherever located, including each interest held in the name of a partnership, limited liability partnership, or limited liability company in which the individual held an interest.

(2) For each interest reported, the schedule shall include:

(i) the nature of the property;

(ii) the street address, mailing address, or legal description of the property;

(iii) the nature and extent of the interest in the property, including any conditions to and encumbrances on the interest;

(iv) the date and manner in which the interest was acquired;

(v) the identity of the entity from which the interest was acquired;

(vi) if the interest was acquired by purchase, the nature and amount of the consideration given for the interest;

(vii) if the interest was acquired in any other manner, the fair market value of the interest when acquired;

(viii) if any interest was transferred, in whole or in part, during the applicable period:

1. a description of the interest transferred;

2. the nature and amount of the consideration received for the interest; and

3. the identity of the entity to which the interest was transferred; and

(ix) the identity of any other entity with an interest in the property.

(c) (1) The statement shall include a schedule of each interest held by the individual in a corporation, partnership, limited liability partnership, or limited liability company, whether or not the corporation, partnership, limited liability partnership, or limited liability company does business with the State.

(2) For each interest reported, the schedule shall include:

(i) the name and address of the principal office of the corporation, partnership, limited liability partnership, or limited liability company;

(ii) subject to paragraph (3) of this subsection, the nature and amount of the interest held, including any conditions to and encumbrances on the interest;

(iii) except as provided in paragraph (4) of this subsection, if any interest was acquired during the applicable period:

1. the date and manner in which the interest was acquired;

2. the identity of the entity from which the interest was acquired;

3. if the interest was acquired by purchase, the nature and amount of the consideration given for the interest; and

4. if the interest was acquired in any other manner, the fair market value of the interest when it was acquired; and

(iv) if any interest was transferred, in whole or in part, during the applicable period:

1. a description of the interest transferred;

2. the nature and amount of the consideration received for the interest; and

3. if known, the identity of the entity to which the interest was transferred.

(3) (i) As to an equity interest in a corporation, the individual may satisfy paragraph (2)(ii) of this subsection by reporting, instead of a dollar amount:

1. the number of shares held; and

2. unless the corporation’s stock is publicly traded, the percentage of equity interest held.

(ii) As to an equity interest in a partnership, limited liability partnership, or limited liability company, the individual may satisfy paragraph (2)(ii) of this subsection by reporting, instead of a dollar amount, the percentage of equity interest held.

(4) If an interest acquired during the applicable reporting period consists of additions to existing publicly traded corporate interests acquired by dividend or dividend reinvestment, and the total value of the acquisition is less than $500, only the manner of acquisition is required to be disclosed under paragraph (2)(iii) of this subsection.

(d) (1) The statement shall include a schedule of each interest in a business entity doing business with the State, other than interests reported under subsection (c) of this section.

(2) For each interest reported, the schedule shall include:

(i) the name and address of the principal office of the business entity;

(ii) the nature and amount of the interest held, including any conditions to and encumbrances on the interest;

(iii) if any interest was acquired during the applicable period:

1. the date and manner in which the interest was acquired;

2. the identity of the entity from which the interest was acquired;

3. if the interest was acquired by purchase, the nature and amount of the consideration given for the interest; and

4. if the interest was acquired in any other manner, the fair market value of the interest when it was acquired; and

(iv) if any interest was transferred, in whole or in part, during the applicable period:

1. a description of the interest transferred;

2. the nature and amount of the consideration received for the interest; and

3. the identity of the entity to which the interest was transferred.

(e) (1) This subsection does not apply to a gift received from a member of the immediate family, another child, or a parent of the individual.

(2) The statement shall include a schedule of each gift, specified in paragraph (3) of this subsection, received during the applicable period:

(i) by the individual or by another entity at the direction of the individual; and

(ii) directly or indirectly, from or on behalf of an entity that is:

1. a regulated lobbyist;

2. regulated by the State; or

3. otherwise an entity doing business with the State.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, the schedule shall include each gift with a value of more than $20 and each of two or more gifts with a cumulative value of $100 or more received from one entity during the applicable period.

(ii) The statement need not include as a gift:

1. food or beverages received and consumed by an official of the Legislative Branch in the presence of the donor or sponsoring entity as part of a meal or reception to which all members of a legislative unit were invited;

2. food or beverages received by a member of the General Assembly at the time and geographic location of a meeting of a legislative organization for which the member’s presiding officer has approved the member’s attendance at State expense; or

3. except as provided in subparagraph (iii) of this paragraph, a ticket or free admission extended to a member of the General Assembly by the person sponsoring or conducting the event as a courtesy or ceremony to the office to attend a charitable, cultural, or political event to which all members of a legislative unit were invited.

(iii) The statement shall include the acceptance of each of two or more tickets or free admissions, extended to a member of the General Assembly by the person sponsoring or conducting the event, with a cumulative value of $100 or more received from one entity during the applicable period.

(4) For each gift subject to this subsection, the schedule shall include:

(i) the nature and value of the gift; and

(ii) the identity of the entity from which the gift was received, whether directly or indirectly.

(5) This subsection does not authorize acceptance of a gift not otherwise allowed by law.

(f) (1) The statement shall include, as specified in this subsection, a schedule of all offices, directorships, and salaried employment, or any similar interest not otherwise disclosed, in business entities doing business with the State.

(2) This subsection applies to positions and interests held at any time during the applicable period by:

(i) the individual; or

(ii) any member of the individual’s immediate family.

(3) For each position or interest reported, this schedule shall include:

(i) the name and address of the principal office of the business entity;

(ii) the nature of the position or interest and the date it commenced;

(iii) the name of each governmental unit with which the entity is doing business; and

(iv) the nature of the business with the State, which, at a minimum, shall be specified by reference to the applicable criteria of doing business described in § 5–101(j) of this title.

(g) (1) The statement shall include a schedule, to the extent the individual may reasonably be expected to know, of each debt, excluding retail credit accounts, owed at any time during the applicable period to entities doing business with or regulated by the individual’s governmental unit:

(i) by the individual; and

(ii) if the individual was involved in the transaction giving rise to the debt, by any member of the immediate family of the individual.

(2) For each debt, the schedule shall include:

(i) the identity of the entity to which the debt was owed;

(ii) the date it was incurred;

(iii) the amount owed at the end of the applicable period;

(iv) the terms of payment;

(v) the extent to which the principal was increased or decreased during the applicable period; and

(vi) any security given.

(h) The statement shall include a schedule listing the members of the immediate family of the individual who were employed by the State in any capacity at any time during the applicable period.

(i) (1) Except as provided in paragraph (2) of this subsection, the statement shall include a schedule listing the name and address of each:

(i) source of the compensated employment, including secondary employment, of the individual or a member of the individual’s immediate family at any time during the applicable period;

(ii) business entity of which the individual or a member of the individual’s immediate family was a sole or partial owner, and from which the individual or family member received earned income, at any time during the applicable period; and

(iii) for a statement filed on or after January 1, 2019, if the individual’s spouse is a regulated lobbyist, entity that has engaged the spouse for lobbying purposes.

(2) The statement may not include a listing of a minor child’s employment or business entities of which the child is sole or partial owner, unless the place of employment or the business entity:

(i) is subject to the regulation or authority of the agency that employs the individual; or

(ii) has contracts in excess of $10,000 with the agency that employs the individual.

(j) (1) The statement shall include a schedule of any financial or contractual relationship with:

(i) the University of Maryland Medical System;

(ii) a governmental entity of the State or a local government in the State; or

(iii) a quasi–governmental entity of the State or local government in the State.

(2) Except as provided in paragraph (3) of this subsection, for each financial or contractual relationship, the schedule shall include a description of the relationship, the subject matter of the relationship, and the consideration.

(3) An individual, other than a State official or candidate to be a State official, may not be required to disclose the individual’s employment as a public official.

(k) To the extent not reported under subsections (a) through (j) of this section, a statement filed on or after January 1, 2023 by the Governor, Lieutenant Governor, Attorney General, Treasurer, or Comptroller shall include:

(1) the name of each for–profit business entity in which the individual has a 10% or greater interest; and

(2) the name of each person who owns a 10% or greater interest in any entity disclosed under item (1) of this subsection.

(l) The statement may include a schedule listing additional interests or information that the individual chooses to disclose.

(m) To the extent not reported under subsections (a) through (j) of this section, a statement filed by a member of the General Assembly shall include:

(1) the information required under § 5–514(b) of this title; and

(2) an acknowledgment, signed by the member, that any information required under § 5–514(b) of this title that becomes reportable after the statement is filed shall be reported immediately to the Joint Ethics Committee as required by § 5–514(b) of this title.
Md. Code, Education § 5-112 — MD Code / Article ged / Title 5 / Subtitle 1 / Section 5-112
§5–112.
Status: in_force

(a) This section does not apply to:

(1) Contracts for the purchase of books and other materials of instruction as defined in the State Department of Education Financial Reporting Manual;

(2) Emergency repairs; and

(3) Except as provided in subsection (e) of this section, a county board’s participation in contracts for goods or commodities that are awarded by other public agencies or by intergovernmental purchasing organizations if the lead agency for the contract follows public bidding procedures.

(b) (1) Except as provided in paragraph (2) of this subsection, in addition to the requirements of § 17–502 of the State Finance and Procurement Article, if the cost of any school building, improvement, supplies, or equipment is more than $100,000, the county board, at least 2 weeks before bids are to be filed, shall advertise for bids in a medium accessible to the general public, which includes:

(i) A newspaper of general circulation in the region;

(ii) eMaryland Marketplace; or

(iii) An electronic posting on the local school system website.

(2) If the amount specified in paragraph (1) of this subsection differs from the amount in § 13–109(a) of the State Finance and Procurement Article, the amount in § 13–109(a) of the State Finance and Procurement Article shall apply under paragraph (1) of this subsection.

(3) (i) The county board shall draft specifications that provide a clear and accurate description of the functional characteristics or the nature of an item to be procured, without modifying the county board’s requirements.

(ii) The specifications may:

1. Include a statement of any of the county board’s requirements; and

2. Provide for the submission of samples, inspection, or testing of the item before procurement.

(4) (i) Except as provided in subparagraph (ii) of this paragraph, specifications that use one or more manufacturer’s product to describe the standard of quality, performance, or other characteristics needed to meet the county board’s requirements, must allow for the submission of equivalent products.

(ii) Subparagraph (i) of this paragraph does not apply if the county board determines in the written specification that:

1. A particular manufacturer’s product is required to maintain compatibility of service or equipment;

2. A particular manufacturer’s product is required to meet the health needs of students;

3. Replacement parts or maintenance are a paramount consideration; or

4. A product is purchased for resale.

(c) (1) A contract for the school building, improvements, supplies, or other equipment shall be awarded to the responsible bidder who provides the best value and conforms to specifications with consideration given to:

(i) The quantities involved;

(ii) The time required for delivery;

(iii) The purpose for which required;

(iv) The competency and responsibility of the bidder;

(v) The ability of the bidder to perform satisfactory service;

(vi) The plan for utilization of minority contractors; and

(vii) The price offered by the bidder.

(2) The county board may reject any and all bids and readvertise for other bids.

(d) (1) In this subsection, the term “minority business enterprise” has the meaning stated in § 14–301 of the State Finance and Procurement Article.

(2) In Montgomery County, by resolution and by implementing regulations, the Montgomery County Board of Education shall establish a minority business utilization program to facilitate the participation of responsible certified minority business enterprises in contracts awarded by the Montgomery County Board of Education in accordance with competitive bidding procedures.

(e) (1) (i) In this subsection, “green product cleaning supplies” means environmentally preferable cleaning and cleaning maintenance products and supplies intended for routine cleaning and cleaning maintenance that perform well and that have positive health and environmental attributes, including:

1. Biodegradability;

2. Low toxicity;

3. Low volatile organic compound content;

4. Reduced packaging;

5. Low life cycle energy use; and

6. Lesser or reduced effects on human health and the environment when compared to competing products that serve the same purpose.

(ii) “Green product cleaning supplies” includes:

1. General purpose cleaners;

2. Bathroom cleaners;

3. Carpet cleaners;

4. Glass cleaners;

5. Floor cleaners, floor finishes, and floor strippers;

6. Wall cleaners;

7. Desk cleaners;

8. Surface cleaners;

9. Window cleaners;

10. Whiteboard cleaners; and

11. Soap.

(iii) “Green product cleaning supplies” does not include:

1. Room deodorizers;

2. Air fresheners;

3. Toilet deodorizers; or

4. Hand cleaners.

(2) (i) Subject to subsection (f) of this section, to the extent practicable, and economically feasible, a county board shall procure green product cleaning supplies for use in its schools.

(ii) In accordance with subsection (b)(3) of this section, a county board shall draft specifications that provide a clear and accurate description of the functional characteristics or nature of the green product cleaning supplies that are to be procured.

(iii) The specifications drafted by a county board under subparagraph (ii) of this paragraph:

1. May not preclude the use when necessary of a disinfectant, disinfecting cleaner, sanitizer, or other antimicrobial product regulated by the Federal Insecticide, Fungicide, and Rodenticide Act under 7 U.S.C. § 136 et seq.; and

2. Shall allow for multiple avenues to obtain green product cleaning supplies certification, including:

A. Green Seal, Green Label, Environmental Choice, TerraChoice, or Ecologo; and

B. Any other nationally recognized independent third–party entity that certifies environmentally preferable products that the county board determines to be appropriate.

(3) (i) Except as provided in paragraph (2)(i) of this subsection, on or before July 1, 2013, a county board shall adopt written policies for the procurement of green product cleaning supplies for use in its schools.

(ii) The written policies shall:

1. Require the use of green product cleaning supplies;

2. On or before July 1, 2014, establish guidelines for purchasing green product cleaning supplies that meet the certification requirements of any established and nationally recognized independent third–party entity that certifies environmentally preferable products and adheres to consensus standards for lesser or reduced effects on human health and the environment when compared to competing products that serve the same purpose;

3. Establish green cleaning practices, including storage, application, frequency of use, and disposal of the supplies to ensure that the occupants of a school building do not suffer any adverse health effects as the result of these practices; and

4. Require staff training on implementing the policy.

(f) On or before June 30 each year, a county board that does not procure green product cleaning supplies for use in its schools because doing so is not practicable or economically feasible shall provide annual written notice of this fact to the Department.

(g) Nonpublic schools may participate under any contracts for goods or commodities that are awarded by county boards, other public agencies, or intergovernmental purchasing organizations, if the lead agency for the contract award follows public bidding procedures.

(h) (1) A county board is encouraged, consistent with competitive bidding, to use bulk purchasing, bundling, and intergovernmental purchasing.

(2) A county board may bundle, for approval and procurement purposes:

(i) Similar systemic renovation projects at different schools; and

(ii) Interrelated systemic projects at a single school.

(i) A contract entered into or purchase made in violation of this section is void.
Md. Code, Economic Development § 5-2304 — MD Code / Article gec / Title 5 / Subtitle 23 / Section 5-2304
§5–2304.
Status: in_force

§5–2304. IN EFFECT

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

A grantee may be subject to repayment of the grant in an amount determined by the Department if the grantee fails to:

(1) comply with reporting requirements established by the Department; or

(2) demonstrate appropriate use of grant funds.
Md. Code, Health - General § 5-702 — MD Code / Article ghg / Title 5 / Subtitle 7 / Section 5-702
§5–702.
Status: in_force

(a) There is a State Child Fatality Review Team.

(b) The State Team is part of the Department for budgetary and administrative purposes.
Md. Code, Health Occupations § 5-308 — MD Code / Article gho / Title 5 / Subtitle 3 / Section 5-308
§5–308.
Status: in_force

(a) (1) Unless the license is renewed for an additional term as provided in this section, a license expires on the date set by the Board.

(2) A license may not be renewed for a term longer than 2 years.

(b) At least 1 month before the license expires, the Board shall send to the licensee, by electronic means or first–class mail to the last known electronic or physical address of the licensee, a renewal notice that states:

(1) The date on which the current license expires;

(2) The date by which the Board must receive the renewal application for the renewal to be issued and mailed before the license expires; and

(3) The amount of the renewal fee.

(c) Before the license expires, the licensee may renew it for an additional 2-year term, if the licensee:

(1) Otherwise is entitled to be licensed;

(2) Pays to the Board a renewal fee set by the Board; and

(3) Submits to the Board:

(i) A renewal application on the form that the Board requires; and

(ii) Satisfactory evidence of compliance with the continuing education requirements for license renewal set by the Board under this section.

(d) In addition to any other qualifications and requirements established by the Board, the Board shall establish continuing education requirements as a condition to the renewal of licenses under this section.

(e) The Board shall renew the license of each licensee who meets the requirements of this section.
Md. Code, Health - General § 5-608 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-608
§5–608.
Status: in_force

(a) (1) Certified or licensed emergency medical services personnel shall be directed by protocol to follow emergency medical services “do not resuscitate orders” pertaining to adult patients in the outpatient setting in accordance with protocols established by the Maryland Institute for Emergency Medical Services Systems in conjunction with the State Board of Physicians.

(2) Emergency medical services “do not resuscitate orders” may not authorize the withholding of medical interventions, or therapies deemed necessary to provide comfort care or to alleviate pain.

(3) A health care provider, other than certified or licensed emergency medical services personnel, who sees, in a valid form, an emergency medical services “do not resuscitate order” described in paragraph (1) of this subsection that is not superseded by a subsequent physician’s order:

(i) May, before a patient’s cardiac or respiratory arrest, provide, withhold, or withdraw treatment in accordance with the emergency medical services “do not resuscitate order”; and

(ii) Shall, after a patient’s cardiac or respiratory arrest, withhold or withdraw treatment in accordance with the emergency medical services “do not resuscitate order”.

(4) An order contained in a “Medical Orders for Life–Sustaining Treatment” form that resuscitation not be attempted shall be given the same effect as emergency medical services “do not resuscitate orders” described in paragraph (1) of this subsection.

(b) This section does not authorize emergency medical services personnel to follow an emergency medical services “do not resuscitate order” for any patient who, prior to cardiac or respiratory arrest, is able to, and does, express to those personnel the desire to be resuscitated.

(c) This section does not authorize emergency medical services personnel in the outpatient setting to follow an emergency medical services “do not resuscitate order” that is in any form other than:

(1) An emergency medical services “do not resuscitate order” described in subsection (a) of this section;

(2) An oral emergency medical services “do not resuscitate order” provided by an online, emergency medical services medical command and control physician;

(3) An oral emergency medical services “do not resuscitate order” provided by a physician, a physician assistant, or a nurse practitioner who is physically present on the scene with the patient and the emergency medical services personnel in the outpatient setting; or

(4) An order contained in a “Medical Orders for Life–Sustaining Treatment” form.

(d) (1) Except as provided in paragraph (2) of this subsection, in addition to the immunity provided in § 5–609 of this subtitle and any other immunity provided by law, an emergency medical services provider is not subject to criminal or civil liability, or deemed to have engaged in unprofessional conduct as determined by the appropriate licensing or certifying authority, arising out of a claim concerning the provision of health care if:

(i) The claim is based on lack of consent or authorization for the health care;

(ii) Subsection (a) of this section would ordinarily apply; and

(iii) The emergency medical services provider:

1. Acts in good faith in providing the health care; and

2. Believes reasonably that subsection (a)(1) of this section does not apply.

(2) This subsection does not apply if the patient is wearing a valid, legible, and patient–identifying emergency medical services “do not resuscitate order” in bracelet form.
Md. Code, Education § 5-504 — MD Code / Article ged / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: in_force

The State Superintendent shall:

(1) Review and comment on the institutions on the list of qualified institutions and the extent and manner in which each would forward the goals of the Maryland Schools for Success Program and the Maryland School Performance Program; and

(2) Present the list of qualified institutions and comments on each institution to the State Board at the July meeting for review and comment by the Board at the August meeting.
Md. Code, Courts and Judicial Proceedings § 5-620 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-620
§5–620.
Status: in_force

Any person who in good faith makes or participates in making a report of abuse or neglect under § 5-704, § 5-705, or § 5-705.1 of the Family Law Article or participates in an investigation or a resulting judicial proceeding is immune from any civil liability or criminal penalty that would otherwise result from making or participating in a report of abuse or neglect or participating in an investigation or a resulting judicial proceeding.
Md. Code, Local Government § 5-205 — MD Code / Article glg / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

(a) (1) A municipality may provide for the control and management of its finances.

(2) The municipality may:

(i) designate the banks or trust companies of the State in which the municipality shall deposit all money belonging to the municipality; and

(ii) provide for the appointment of an auditor or accountant to audit the books and accounts of municipal officers collecting, handling, or disbursing money belonging to the municipality.

(b) (1) A municipality may spend money for any public purpose and to affect the safety, health, and general welfare of the municipality and its occupants.

(2) Except as provided in paragraph (4) of this subsection, a municipality may not spend money under paragraph (1) of this subsection if the money was not appropriated at the time of the annual levy.

(3) Except as provided in paragraph (4) of this subsection, a municipality may spend money only for the purpose for which the money was appropriated.

(4) A municipality may spend money for a purpose different from the purpose for which the money was appropriated or spend money not appropriated at the time of the annual levy if approved by a two–thirds vote of all the individuals elected to the legislative body.

(c) A municipality may provide for:

(1) the purchase of materials, supplies, and equipment through the Department of General Services;

(2) municipal advertising;

(3) printing and publishing statements of its receipts and expenditures; and

(4) codifying and publishing laws, ordinances, resolutions, and regulations.

(d) (1) Except as otherwise provided under this article, the Tax – General Article, and the Tax – Property Article, a municipality may establish and collect reasonable fees and charges:

(i) for franchises, licenses, or permits granted by the municipality; or

(ii) associated with the exercise of a governmental or proprietary function exercised by a municipality.

(2) A municipality may provide that any valid charge, tax, or assessment made against real property in the municipality is a lien on the property to be collected in the same manner as municipal taxes.

(e) A municipality may enter into an agreement with other municipalities for purposes including:

(1) the joint administration of the municipalities;

(2) the cooperative procurement of goods and services, including construction services;

(3) the provision of municipal services; and

(4) the joint funding and management of any project that is centrally located to the municipalities.
Md. Code, Environment § 5-506 — MD Code / Article gen / Title 5 / Subtitle 5 / Section 5-506
§5–506.
Status: in_force

(a) Upon application for a permit under this subtitle, and except as otherwise provided in this section, the procedures in § 5–204 of this title shall apply.

(b) Under the following conditions, the Department may waive the notice requirements and the holding of a public informational hearing on a permit application:

(1) If there is an emergency or a request to make minor repairs, the Department, upon written or oral application, may grant an application to repair any reservoir, dam, or waterway obstruction without notice or hearing. Repair necessary to save life or property may be made without an application, but notice shall be given promptly to the Department;

(2) If plans of other projects which conform to water resources development plans accepted and adopted by the Department were subject to public hearing, and the Department’s review finds no changed conditions in them since the last public review and comment to justify another hearing;

(3) If temporary structures constructed to provide access across streams during construction operations or to trap sediment or achieve another similar purpose meet minimum design standards the Department establishes, and are removed completely, in a manner acceptable to the Department, within 6 months after need for the structure is terminated;

(4) If the requested waterway construction permit is for temporary excavation, filling, or grading for the installation of utilities which meet minimum design standards acceptable to the Department and preconstruction contours which are to be reestablished upon installation of the utility;

(5) If the requested waterway construction permit is for clearing and grading activities disturbing less than 5,000 square feet of land area and disturbing less than 100 cubic yards of earth; or

(6) If the requested waterway construction permit is for livestock crossing of a stream.

(c) If contiguous property owners and interested persons who receive periodic reports are notified under § 5–204 of this title, the Department may waive the notice requirements of this section and the holding of a public informational hearing on a permit application for roads, bridges, or culverts if they meet minimum design standards acceptable to the Department and construction does not adversely affect known water resources projects.

(d) The Department shall waive notice requirements and the holding of a public hearing if the requested appropriation or use of waters of the State is for an agricultural use in effect prior to July 1, 1993.

(e) Notwithstanding any other requirement of this section:

(1) The Department may waive the notice and hearing requirements of this section if the appropriation requested is for:

(i) An average annual water use of 10,000 gallons per day or less; or

(ii) A construction dewatering project; and

(2) The Department may waive the holding of a public informational hearing if the requested appropriation or use of waters of the State is greater than an average annual water use of 10,000 gallons per day but less than an average annual water use of 50,000 gallons per day.
Md. Code, Transportation § 5-402 — MD Code / Article gtr / Title 5 / Subtitle 4 / Section 5-402
§5–402.
Status: in_force

This subtitle does not limit any right, power, or authority of this State or a political subdivision to regulate any airport hazard by zoning.
Md. Code, Public Safety § 5-132 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-132
§5–132.
Status: reserved

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

(2) “Authorized user” means the owner of a handgun or a person authorized by the owner to possess and use the handgun.

(3) “External safety lock” means an external device that is:

(i) attached to a handgun with a key or combination lock; and

(ii) designed to prevent a handgun from being discharged unless the device has been deactivated.

(4) “Handgun” does not include a signal, starter, or blank pistol.

(5) “Handgun Roster Board” means the Handgun Roster Board established under § 5-404 of this title.

(6) “Integrated mechanical safety device” means a disabling or locking device that is:

(i) built into a handgun; and

(ii) designed to prevent the handgun from being discharged unless the device has been deactivated.

(7) “Personalized handgun” means a handgun manufactured with incorporated design technology that:

(i) allows the handgun to be fired only by the authorized user; and

(ii) prevents any of the safety characteristics of the handgun from being readily deactivated.

(b) This section does not apply to:

(1) the purchase, sale, or transportation of a handgun to or by a federally licensed gun dealer or manufacturer that provides or services a handgun for:

(i) personnel of any unit of the federal government;

(ii) members of the armed forces or the National Guard;

(iii) law enforcement personnel of the State or any local law enforcement agency in the State while acting within the scope of their official duties; and

(iv) an organization that is required by federal law governing its specific business or activity to maintain handguns and applicable ammunition;

(2) a firearm modified to be permanently inoperative;

(3) the sale or transfer of a handgun by a federally licensed gun dealer or manufacturer covered under item (1) of this subsection;

(4) the sale or transfer of a handgun by a federally licensed gun dealer or manufacturer to a lawful customer outside the State; or

(5) an antique firearm.

(c) (1) A dealer may not sell, offer for sale, rent, or transfer in the State a handgun manufactured on or before December 31, 2002, unless the handgun is sold, offered for sale, rented, or transferred with an external safety lock.

(2) On or after January 1, 2003, a dealer may not sell, offer for sale, rent, or transfer in the State a handgun manufactured on or after January 1, 2003, unless the handgun has an integrated mechanical safety device.

(d) (1) The Handgun Roster Board annually shall:

(i) review the status of personalized handgun technology; and

(ii) on or before July 1, report its findings to the Governor and, in accordance with § 2-1257 of the State Government Article, to the General Assembly.

(2) In reviewing the status of personalized handgun technology under paragraph (1) of this subsection, the Handgun Roster Board shall consider:

(i) the number and variety of models and calibers of personalized handguns that are available for sale;

(ii) each study, analysis, or other evaluation of personalized handguns conducted or commissioned by:

1. the National Institute of Justice;

2. a federal, State, or local law enforcement laboratory; or

3. any other entity with an expertise in handgun technology; and

(iii) any other information that the Handgun Roster Board considers relevant.
Md. Code, Economic Development § 5-573 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-573
§5–573.
Status: in_force

(a) To apply for financial assistance from the Program under this part, a principal and, if applicable, a surety shall submit to the Authority an application on the form that the Authority provides.

(b) The application shall include:

(1) a detailed description of the project;

(2) an itemization of known and estimated costs;

(3) the total investment required to perform the contract;

(4) the working capital available to the principal;

(5) the bonding assistance sought;

(6) information that demonstrates the inability of the principal to obtain adequate bonding on reasonable terms and conditions through normal channels without assistance from the Program;

(7) a current balance sheet, a profit and loss statement, and credit references about the financial status of the principal;

(8) a schedule of the status of existing and pending contracts; and

(9) any other relevant information the Authority requests.

(c) The Authority may require an applicant to provide an audited balance sheet before the Authority approves or denies the application.

(d) The Authority may not approve a guaranty or bond under this part for a principal that has defaulted on a loan or guaranty from the Authority unless:

(1) 2 years have passed since the time of the default; and

(2) the principal has cured any default in any financing program administered by the Department.
Md. Code, Business Regulation § 5-505 — MD Code / Article gbr / Title 5 / Subtitle 5 / Section 5-505
§5–505.
Status: in_force

(a) An action may be brought in accordance with the Maryland Rules and a court may pass a judgment for sale of a burial ground for another purpose if:

(1) the ground has been dedicated and used for burial;

(2) burial lots have been sold in the burial ground and deeds executed or certificates issued to buyers of the lots;

(3) the ground has ceased to be used for burial; and

(4) it is desirable to dispose of the burial ground for another purpose.

(b) If the court is satisfied that it is expedient or would be in the interest of the parties to sell the burial ground, the court:

(1) may pass a judgment for the sale of the burial ground on the terms and notice the court sets;

(2) shall order that as much of the proceeds of the sale as necessary be used to pay the expenses of removing any human remains in the burial ground, buying burial lots in another burial ground, and reburying the remains; and

(3) shall distribute the remaining proceeds of the sale among the parties according to their interests.

(c) A judgment for the sale of a burial ground passes to the buyer of the burial ground the title to the burial ground free of the claims of:

(1) the owners of the burial ground; and

(2) the holders of burial lots.
Md. Code, Public Safety § 5-143 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-143
§5–143.
Status: in_force

(a) (1) A person who moves into the State with the intent of becoming a resident shall register all regulated firearms with the Secretary within 90 days after establishing residency.

(2) The Secretary shall prepare and, on request of an applicant, provide an application form for registration under this section.

(b) An application for registration under this section shall contain:

(1) the make, model, manufacturer’s serial number, caliber, type, barrel length, finish, and country of origin of each regulated firearm; and

(2) the firearm applicant’s name, address, Social Security number, place and date of birth, height, weight, race, eye and hair color, signature, driver’s or photographic identification Soundex number, and occupation.

(c) An application for registration filed with the Secretary of State Police shall be accompanied by a nonrefundable total registration fee of $15, regardless of the number of firearms registered.

(d) Registration data provided under this section is not open to public inspection.
Md. Code, Corporations and Associations § 5-635 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-635
§5–635.
Status: in_force

(a) (1) To operate as a member–regulated cooperative, a cooperative shall:

(i) Submit a request for a waiver from the application of affiliate regulations in accordance with COMAR 20.40.01.04; or

(ii) Conduct a vote of the cooperative’s members in accordance with this section.

(2) The Commission shall expedite the review of a waiver requested under paragraph (1)(i) of this subsection.

(b) A vote under this section:

(1) May be called by a cooperative’s board of directors; or

(2) Shall be called within 100 days after receipt by the board of directors of a petition signed by at least 1,000 cooperative members.

(c) (1) A cooperative’s board of directors shall hold a meeting with the cooperative’s members on whether to operate as a member–regulated cooperative.

(2) (i) The cooperative’s board of directors shall provide notice of the meeting to the members of the cooperative.

(ii) The notice shall:

1. Include:

A. The purpose of the meeting, including information on member–regulated cooperatives;

B. Directions for voting on whether to operate as a member–regulated cooperative;

C. A form or written ballot for the vote;

D. The time, date, and place of the meeting; and

E. The time, date, and place of the forums required under subsection (d) of this section; and

2. Be provided in writing to the cooperative’s members and the Commission by mail or by hand delivery at least 40 days but not more than 90 days before the date of the meeting.

(d) (1) A cooperative’s board of directors shall hold at least two open forums to allow the cooperative’s members to discuss or make inquiries concerning operating as a member–regulated cooperative.

(2) Forums shall be held:

(i) On separate dates at different locations within the cooperative’s service territory;

(ii) At times that are convenient for the cooperative’s members to attend; and

(iii) At least 10 days after delivery of the notice required under subsection (c)(2) of this section but not later than 20 days before the date of the meeting required under subsection (c)(1) of this section.

(3) A cooperative’s members shall have:

(i) The opportunity at each forum to make inquiries about operating as a member–regulated cooperative; and

(ii) A reasonable, equal opportunity to present the members’ views concerning operating as a member–regulated cooperative, including presenting views in opposition to operating as a member–regulated cooperative.

(e) (1) If a cooperative’s board of directors mails information to its members regarding operating as a member–regulated cooperative that is in addition to the information provided in the notice, the cooperative’s board of directors shall include in the mailing any materials provided in opposition to operating as a member–regulated cooperative if the materials are accompanied by a petition signed by at least 100 of the cooperative’s members.

(2) A cooperative shall pay for mailing the materials in an amount equal to the cost of mailing the cooperative’s notice under subsection (c) of this section.

(3) If the cost of mailing the materials is greater than the cost of mailing the cooperative’s notice, the difference shall be paid:

(i) Pro rata by the cooperative’s members submitting materials in opposition; and

(ii) By an advance deposit in an amount estimated to cover the excess costs.

(f) (1) A cooperative’s board of directors shall select an independent auditor to control and supervise the procedures for voting.

(2) Each of a cooperative’s members is entitled to one vote on whether to operate as a member–regulated cooperative, regardless of the method used to cast a vote.

(3) A cooperative’s member may vote at the meeting under subsection (a) of this section by:

(i) Written ballot;

(ii) Use of a voting machine; or

(iii) If authorized by the cooperative’s charter or bylaws, by electronic ballot.

(4) If a cooperative uses written ballots under paragraph (3) of this subsection, the written ballots shall be:

(i) Included with the notice required under subsection (c) of this section; and

(ii) Cast and counted if received by the cooperative’s board of directors before the end of the meeting under subsection (a) of this section.

(5) (i) Any procedures adopted for the use and transmission of electronic ballots shall ensure that each electronic ballot was sent by a cooperative member who is entitled to vote.

(ii) An electronic ballot shall be cast and counted if submitted electronically before the end of the meeting under subsection (a) of this section.

(g) To operate as a member–regulated cooperative shall require the affirmative vote of a majority of the cooperative’s members voting at a meeting at which at least 15% of the members vote.

(h) The independent auditor selected by the cooperative’s board of directors under subsection (f) of this section shall certify to the Commission, in writing, the results of a vote under this section within 5 business days after the date of the vote.
Md. Code, Correctional Services § 5-302 — MD Code / Article gcs / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) (1) With the approval of the Secretary, the Commissioner shall appoint the Director and Deputy Director of the Pretrial Release Services Program.

(2) The Director is the head of the Pretrial Release Services Program.

(b) (1) The Director and Deputy Director of the Pretrial Release Services Program serve at the pleasure of the Commissioner.

(2) The Director and Deputy Director are entitled to the compensation provided in the State budget.
Md. Code, Courts and Judicial Proceedings § 5-802 — MD Code / Article gcj / Title 5 / Subtitle 8 / Section 5-802
§5–802.
Status: in_force

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

(2) “Athletic official” means an individual who officiates, referees, or umpires an interscholastic, intercollegiate, or any other amateur athletic contest conducted by a nonprofit or governmental body.

(3) (i) “Community recreation program” means an athletic, fitness, or recreation activity:

1. Organized for pleasure, recreation, or other nonprofit purposes;

2. That has substantially all of its activities conducted for pleasure, recreation, or other nonprofit purposes; and

3. That does not have any part of the net earnings benefiting any private shareholder.

(ii) “Community recreation program” does not include a public or private educational institution’s athletic program.

(4) “Compensation” does not include actual and necessary expenses that are incurred by a volunteer in connection with the services provided or duties performed by the volunteer on behalf of a community recreation program, and that are reimbursed to the volunteer or otherwise paid.

(5) “Volunteer” means a person who provides services or performs duties as an athletic coach, manager, official, program leader, or assistant for a community recreation program without receiving compensation.

(b) Except as provided in subsection (c) of this section, a volunteer is not personally liable for damages in any civil action brought against the volunteer by virtue of the volunteer’s act or omission in providing services or performing duties on behalf of a community recreation program.

(c) A volunteer is personally liable for damages in any civil action brought against the volunteer in which it is found that:

(1) The damages were the result of the volunteer’s negligent operation of a motor vehicle;

(2) The damages were the result of the volunteer’s willful, wanton, or grossly negligent act or omission; or

(3) The damages were the result of the volunteer’s negligence in permitting an unsupervised competition, practice, or activity.

(d) (1) Except as provided in paragraph (2) of this subsection, an athletic official is not personally liable in damages in any civil action brought against the athletic official by a player, a participant, or a spectator by virtue of the athletic official’s act or omission arising out of the athletic official’s duties and services performed while acting in the capacity of athletic official.

(2) An athletic official is personally liable for damages in any civil action brought against the athletic official in which it is found that the damages were the result of the athletic official’s willful, wanton, or grossly negligent act or omission.

(e) (1) This section does not create, and may not be construed as creating, a new cause of action or substantive legal right against an athletic official or a volunteer.

(2) This section does not affect, and may not be construed as affecting, any immunities from civil liability or defenses established by any other provision of the Code or available at common law, to which an athletic official or volunteer may be entitled.
Md. Code, Criminal Procedure § 5-104 — MD Code / Article gcp / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

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

(2) “Civil immigration violation” means a violation of federal civil immigration law.

(3) “Family member” means a relative by blood, adoption, or marriage.

(4) “Household member” means a person who lives with another or is a regular presence in the home of another.

(5) (i) “Law enforcement agent” means an individual who is certified by the Maryland Police Training and Standards Commission under § 3–209 of the Public Safety Article.

(ii) “Law enforcement agent” does not include an agent or employee of a State correctional facility or a local correctional facility.

(6) “Local correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article.

(7) “State correctional facility” has the meaning stated in § 1–101 of the Correctional Services Article.

(b) (1) In this subsection, “arrest” does not include a routine booking procedure.

(2) Except as provided in paragraphs (3) and (4) of this subsection, a law enforcement agent may not, during the performance of regular police functions:

(i) inquire about an individual’s citizenship, immigration status, or place of birth during a stop, a search, or an arrest;

(ii) detain, or prolong the detention of, an individual:

1. for the purpose of investigating the individual’s citizenship or immigration status; or

2. based on the suspicion that the individual has committed a civil immigration violation;

(iii) transfer an individual to federal immigration authorities unless required by federal law; or

(iv) coerce, intimidate, or threaten any individual based on the actual or perceived citizenship or immigration status of the individual or:

1. the individual’s family member;

2. the individual’s household member;

3. the individual’s legal guardian; or

4. another individual for whom the individual is a legal guardian.

(3) Nothing in this subsection shall prevent a law enforcement agent from inquiring about any information that is material to a criminal investigation.

(4) If the citizenship or immigration status of an individual is relevant to a protection accorded to the individual under State or federal law, or subject to a requirement imposed by international treaty, a law enforcement agent may:

(i) notify the individual of the protection or requirement; and

(ii) provide the individual an opportunity to voluntarily disclose the individual’s citizenship or immigration status for the purpose of receiving the protection or complying with the requirement.
Md. Code, State Personnel and Pensions § 5-204 — MD Code / Article gsp / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: in_force

The Secretary shall:

(1) administer the Program in compliance with all applicable State and federal laws governing equal employment opportunity;

(2) adopt regulations, policies, and directives to implement the Program;

(3) evaluate the equal employment efforts in each unit in the Program;

(4) take any action necessary and permitted by law to enforce this subtitle; and

(5) at least annually report on the Program to the Governor.
Md. Code, Natural Resources § 5-1703 — MD Code / Article gnr / Title 5 / Subtitle 17 / Section 5-1703
§5–1703.
Status: in_force

Any person who drills for oil or gas on the lands or in the waters of the State is strictly liable for any damages that occur in exploration, drilling, or producing operations or in the plugging of the person’s oil or gas wells, including liability to the State for any environmental damage.
Md. Code, Insurance § 5-701 — MD Code / Article gin / Title 5 / Subtitle 7 / Section 5-701
§5–701.
Status: in_force

(a) When made through the Commissioner by insurers or health maintenance organizations, the Treasurer shall accept and hold in trust:

(1) deposits required under this article for a certificate of authority to engage in the insurance business in the State;

(2) deposits required under § 19-710(d)(3) of the Health - General Article for a certificate of authority to operate as a health maintenance organization;

(3) deposits of domestic insurers, foreign insurers, or alien insurers required under the laws of another state, province, or country as a prerequisite for authority to engage in the insurance business in the other state, province, or country;

(4) deposits allowed under § 5-704 of this subtitle; and

(5) deposits required under Title 6, Subtitle 3 of this article.

(b) Deposits made under subsection (a) of this section shall be in any combination of:

(1) cash; or

(2) the government securities described in § 5-510(b) or § 5-607(b)(1)(i), (ii), or (iii) of this title, as approved by the Treasurer.

(c) Deposits of government securities shall be registered, both as to principal and interest, in the name of the Treasurer as trustee.
Md. Code, Health - General § 5-601.1 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-601.1
§5–601.
Status: in_force

§5–601.1.

For purposes of this Part I of this subtitle, an electronic signature shall have the same effect as a manual signature if the electronic signature:

(1) Uses an algorithm approved by the National Institute of Standards and Technology;

(2) Is unique to the individual using it;

(3) Is capable of verification;

(4) Is under the sole control of the individual using it;

(5) Is linked to data in such a manner that if the data are changed, the electronic signature is invalidated;

(6) Persists with the document and not by association in separate files; and

(7) Is bound to a digital certificate.
Md. Code, Transportation § 5-1009 — MD Code / Article gtr / Title 5 / Subtitle 10 / Section 5-1009
§5–1009.
Status: in_force

Aircraft capable of operating on water shall be governed by the rules of water navigation while at rest on or operating in contact with water.
Md. Code, General Provisions § 5-503 — MD Code / Article ggp / Title 5 / Subtitle 5 / Section 5-503
§5–503.
Status: in_force

(a) This section does not apply to members of the General Assembly.

(b) An official or employee may not be employed by an entity that is a party to a contract that binds or purports to bind the State if:

(1) the duties of the official or employee include matters substantially relating to or affecting the subject matter of the contract; and

(2) the contract binds or purports to bind the State to pay more than $1,000.
Md. Code, Corporations and Associations § 5-342 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-342
§5–342.
Status: in_force

(a) (1) Each religious corporation subject to this part shall adopt bylaws to govern its corporate and temporal affairs.

(2) Bylaws may be adopted by a majority of the qualified voters voting at a regular or special congregational meeting called for that purpose.

(b) Each religious corporation subject to this part is subject at all times to the constitution and canons of the convention of the Protestant Episcopal Church in the Diocese of Washington and of the Protestant Episcopal Church in the United States of America.
Md. Code, Business Occupations and Professions § 5-702 — MD Code / Article gbo / Title 5 / Subtitle 7 / Section 5-702
§5–702.
Status: in_force

Subject to the evaluation and reestablishment provisions of the Maryland Program Evaluation Act, this title and all regulations adopted under this title shall terminate and be of no effect after July 1, 2027.
Md. Code, Family Law § 5-704.4 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-704.4
§5–704.
Status: in_force

§5–704.4.

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

(2) “Child advocacy center” has the meaning stated in § 13–2201 of the Health – General Article.

(3) “Executive Director” means the Executive Director of the Governor’s Office of Crime Prevention and Policy.

(4) “Qualified community–based victim services provider” means a nonprofit organization with:

(i) demonstrated expertise providing direct services to victims of sex trafficking or sexually exploited youth;

(ii) the capacity to provide victim–centered, trauma–informed case management for youth victims of sex trafficking;

(iii) a demonstrated history of working in the community where services will be provided; and

(iv) the ability to collaborate with other agencies, including law enforcement, sexual assault crisis programs, child advocacy centers, and other direct services providers.

(5) “Regional navigator” means a provider of services designated by a grantee of the Safe Harbor Regional Navigator Grant Program established under subsection (b) of this section.

(6) “Sex trafficking” has the meaning stated in § 5–701 of this subtitle.

(7) “Sexual assault crisis program” means a program certified by the federally recognized State sexual assault coalition.

(8) “Youth” means an individual under the age of 24 years.

(b) (1) There is a Safe Harbor Regional Navigator Grant Program.

(2) The purpose of the program is to support services for youth victims of sex trafficking and labor trafficking by:

(i) creating and sustaining projects to provide services for youth victims of sex trafficking that are victim–centered and trauma–informed;

(ii) facilitating and coordinating among local departments, the Department of Juvenile Services, sexual assault crisis programs, child advocacy programs, local offices of the Office of the Public Defender, and other state and local agencies responding to youth victims of sex trafficking and labor trafficking;

(iii) ensuring that youth victims of sex trafficking and labor trafficking have access to services described under subsection (e) of this section;

(iv) increasing the State’s capacity to respond to youth sex trafficking and labor trafficking; and

(v) training providers to appropriately identify and serve youth victims of sex trafficking and labor trafficking.

(c) A grantee under the program may include:

(1) a child advocacy center;

(2) a sexual assault crisis program; or

(3) a qualified community–based victim services provider.

(d) Grants under this section shall be awarded:

(1) to ensure that emergency and long–term services are available for youth victims of sex trafficking and labor trafficking in every jurisdiction in the State by January 1, 2022; and

(2) to provide services in one jurisdiction or in more than one similar jurisdiction in the same region.

(e) Services coordinated and provided by a grantee under this section shall include:

(1) safety planning;

(2) emergency response;

(3) basic living needs, including housing;

(4) trauma counseling and mental health services;

(5) drug and alcohol abuse treatment;

(6) legal services;

(7) victim advocacy;

(8) case management; and

(9) designation of regional navigators.

(f) Notwithstanding any appropriation made under subsection (h) of this section, not later than October 1, 2019, the Governor’s Office of Crime Prevention and Policy shall provide grant funding for services provided by the Safe Harbor Regional Navigator Grant Program.

(g) (1) Every 2 years, beginning December 1, 2019, the Executive Director shall submit an independent evaluation report with qualitative and quantitative data to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly regarding whether services coordinated and provided by grantees under this section are available, adequate, and successfully serving children and youth who are victims of sex trafficking and labor trafficking.

(2) Beginning December 1, 2019, the Department of Human Services shall annually report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on:

(i) the number of reports of child sex trafficking and labor trafficking made in the State in the preceding year;

(ii) the outcome or disposition of reports of child sex trafficking and labor trafficking made in the State in the preceding year; and

(iii) the number of referrals made to regional navigators under this section in the preceding year.

(h) The Governor may annually appropriate up to $3,000,000 for grant funding provided under this section.

(i) The Executive Director may adopt regulations to carry out this section.
Md. Code, Courts and Judicial Proceedings § 5-630 — MD Code / Article gcj / Title 5 / Subtitle 6 / Section 5-630
§5–630.
Status: in_force

A legally authorized person who obtains, processes, stores, distributes, or uses whole human blood, tissue, organs, or bones or any substance derived from human blood, tissue, organs, or bones for injection, transfusion, or transplantation into an individual for any purpose is performing a service and is not subjected to:

(1) Strict liability in tort;

(2) The implied warranty of merchantability; or

(3) The implied warranty of fitness.
Md. Code, Insurance § 5-504 — MD Code / Article gin / Title 5 / Subtitle 5 / Section 5-504
§5–504.
Status: in_force

(a) A life insurer may not purchase an investment or security at a price above its market value.

(b) Subsection (a) of this section does not prohibit a life insurer from acquiring control of another insurer.

(c) This subtitle does not prohibit a life insurer from acquiring other or additional securities or property that is received:

(1) as a dividend;

(2) as a lawful distribution of assets; or

(3) under a lawful and bona fide agreement of bulk reinsurance, merger, or consolidation.
Md. Code, State Finance and Procurement § 5A-351 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-351
§5A–351.
Status: in_force

(a) The General Assembly finds that:

(1) museums present, interpret, and preserve unusual and significant objects of the State’s heritage for the benefit, enjoyment, and education of the residents of the State;

(2) museums are unique and beneficial resources that supplement the State’s educational system;

(3) museums are repositories and caretakers of irreplaceable cultural objects for the benefit of today’s generation and generations yet to come;

(4) museums, including those located in small communities, play an important and cost-effective role in the State’s leisure time and tourism industry;

(5) it is not feasible or desirable to display the entire history and heritage of the State in a single facility at one location;

(6) the history and heritage of the State should be displayed and interpreted to the public where the history happened and the heritage arose, so that centers of community pride may be created and tourist activity may be dispersed throughout the State; and

(7) the public interest is served by helping museums to become more accessible and by helping residents of the State and visitors to understand the State’s diverse heritage.

(b) The General Assembly finds that the public interest is served by establishing a program of financial assistance to support the upgrade, care, research, interpretation, documentation, and display of the State’s irreplaceable museum collections.
Md. Code, Local Government § 5-106 — MD Code / Article glg / Title 5 / Subtitle 1 / Section 5-106
§5–106.
Status: in_force

(a) In this section, “conservation area” means an area in a municipality that the legislative body of the municipality finds to be so affected by blight and community or property deterioration as to require comprehensive renovation and rehabilitation.

(b) This section does not apply to or affect:

(1) Anne Arundel County;

(2) Calvert County;

(3) Howard County;

(4) Kent County;

(5) Somerset County;

(6) Wicomico County; or

(7) Worcester County.

(c) The legislative body of a municipality may:

(1) establish and define the boundaries of a conservation area in the municipality; and

(2) establish and vest in any unit of the municipality, for a period not exceeding 5 years, exclusive jurisdiction or authority to enforce in the conservation area the laws, ordinances, codes, rules, and regulations the legislative body of the municipality considers expedient.

(d) This section does not authorize a unit of the municipality established under subsection (c) of this section to interfere with the powers of a law enforcement authority in a municipality.
Md. Code, Environment § 5-501 — MD Code / Article gen / Title 5 / Subtitle 5 / Section 5-501
§5–501.
Status: in_force

(a) In order to conserve, protect, and use water resources of the State in accordance with the best interests of the people of Maryland, it is the policy of the State to control, so far as feasible, appropriation or use of surface waters and groundwaters of the State. Also, it is State policy to promote public safety and welfare and control and supervise, so far as is feasible, construction, reconstruction, and repair of dams, reservoirs, and other waterworks in any waters of the State.

(b) (1) In accordance with the policy declared in this section, and provided that it will not jeopardize the State’s natural resources, when appropriating groundwater of the State in Carroll, Frederick, or Washington counties, the Department may give priority to a public water system that provides water to:

(i) A municipal corporation, not including those areas annexed after January 1, 2000; or

(ii) A priority funding area established on or before January 1, 2000, under § 5–7B–02(6) of the State Finance and Procurement Article.

(2) The Department may adopt regulations to implement this subsection.

(c) This subtitle is in addition to and not in substitution for any existing laws of the State.
Md. Code, Family Law § 5-1305 — MD Code / Article gfl / Title 5 / Subtitle 13 / Section 5-1305
§5–1305.
Status: in_force

The effectiveness of efforts to address permanency and stability in the living situations of children in the custody of a local department, or a placement agency, shall be measured by:

(1) the percentage of children who exit foster care within time periods consistent with federal national standards with a breakdown by each standard;

(2) the percentage of children with more than two out-of-home placements during a report year;

(3) the percentage of children in the custody of a local department, or a placement agency, who have siblings living in different placements;

(4) the percentage of children who exit foster care and are:

(i) reunified with a parent or guardian;

(ii) placed with a relative who is awarded custody and guardianship;

(iii) adopted; or

(iv) placed with a nonrelated guardian;

(5) the percentage of children in an out-of-home placement living in:

(i) kinship care homes;

(ii) restricted foster homes;

(iii) regular foster homes;

(iv) treatment foster homes;

(v) group homes;

(vi) residential treatment centers; and

(vii) other specified types of placements;

(6) the number of foster homes and treatment foster homes available for children in the custody of a local department, or a placement agency;

(7) the percentage of foster homes and kinship care homes in which the following have been conducted according to regulation:

(i) required criminal background checks;

(ii) fire and safety inspections;

(iii) health and safety checks;

(iv) reconsiderations, as applicable; and

(v) any other safety measures adopted by regulation;

(8) the number of children who are recommitted to the Department within 12 months of release from commitment to the Department; and

(9) any other indicators adopted by the Secretary under § 5-1302 of this subtitle.
Md. Code, Health - General § 5-608.1 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-608.1
§5–608.
Status: reserved

§5–608.1.

(a) In this section, “health care facility” means:

(1) An assisted living program;

(2) A home health agency;

(3) A hospice;

(4) A hospital;

(5) A kidney dialysis center; or

(6) A nursing home.

(b) (1) (i) The Department, in conjunction with the Maryland Institute for Emergency Medical Services Systems and the State Board of Physicians, shall develop and revise periodically a “Medical Orders for Life–Sustaining Treatment” form and instructions for completing and using the form.

(ii) The “Medical Orders for Life–Sustaining Treatment” form and the instructions for its completion and use shall be developed in consultation with:

1. The Office of the Attorney General;

2. The State Board of Nursing;

3. The State Advisory Council on Serious Illness Care; and

4. Any other individual or group the Department determines is appropriate.

(2) The “Medical Orders for Life–Sustaining Treatment” form developed under paragraph (1) of this subsection shall be suitable for containing a physician’s, physician assistant’s, or nurse practitioner’s written medical orders relating to a patient’s medical condition, including:

(i) The use of life–sustaining procedures;

(ii) The use of medical tests;

(iii) Transfer of the patient to a hospital from a nonhospital setting; and

(iv) Any other matter considered appropriate by the Department to implement treatment preferences and orders regarding life–sustaining treatments across health care settings.

(3) The “Medical Orders for Life–Sustaining Treatment” form is not an advance directive.

(c) (1) A health care facility shall:

(i) 1. Accept a completed “Medical Orders for Life–Sustaining Treatment” form during the admission process for each patient being admitted to the health care facility; and

2. Update the form as indicated in the instructions for the completion and use of the form; or

(ii) Complete a “Medical Orders for Life–Sustaining Treatment” form:

1. For a health care facility that is not a hospital, during the admission process for each patient being admitted to the health care facility; or

2. For a hospital, during an inpatient hospital stay for patients who are being discharged to another health care facility.

(2) When a health care facility updates or completes a “Medical Orders for Life–Sustaining Treatment” form under paragraph (1) of this subsection, the health care facility shall:

(i) Offer the patient, health care agent, or surrogate decision maker the opportunity to participate in updating or completing the form;

(ii) Note in the medical record when a patient, health care agent, or surrogate decision maker declines to participate in updating or completing the form, indicating the date and with whom the form was discussed;

(iii) On request of the patient, offer any physician, physician assistant, or nurse practitioner selected by the patient the opportunity to participate in updating or completing the form; and

(iv) Inform the patient, health care agent, or surrogate decision maker that the form will become a part of the patient’s medical record and can be accessed through the procedures used to access a medical record.

(3) Except as provided for a treatment that has been certified as medically ineffective in accordance with § 5–611 of this subtitle, the “Medical Orders for Life–Sustaining Treatment” form shall be consistent with:

(i) The known decisions of:

1. The patient if the patient is a competent individual; or

2. A health care agent or surrogate decision maker as authorized by this subtitle; and

(ii) Any known advance directive of the patient if the patient is incapable of making an informed decision.

(d) (1) A health care provider other than a health care facility may choose to use a “Medical Orders for Life–Sustaining Treatment” form.

(2) A health care provider who chooses to use a “Medical Orders for Life–Sustaining Treatment” form shall offer a patient, health care agent, or surrogate decision maker the opportunity to participate in the completion of the form.

(e) The original or a copy of a “Medical Orders for Life–Sustaining Treatment” form shall:

(1) Be kept by a health care provider in the patient’s medical record;

(2) Physically accompany the patient or be transmitted electronically or by facsimile in accordance with the instructions for the use of the form when the patient is transferred to a health care facility; and

(3) Be given to the patient, health care agent, or surrogate decision maker within 48 hours of completion of the form or sooner if the patient is transferred or discharged.

(f) Except as provided in § 5–611 or § 5–613 of this subtitle, a health care facility shall comply with all medical orders contained in a “Medical Orders for Life–Sustaining Treatment” form regardless of whether the physician, physician assistant, or nurse practitioner who signed the form has admitting privileges or is otherwise credentialed at the health care facility.

(g) In the event of a conflict between more than one “Medical Orders for Life–Sustaining Treatment” form, the most recent form shall be followed.

(h) A health care provider may rely in good faith on the presumed validity of a “Medical Orders for Life–Sustaining Treatment” form.

(i) (1) The Department shall adopt regulations that specify the “Medical Orders for Life–Sustaining Treatment” form and the instructions for the completion and use of the form that are developed as required by subsection (b) of this section, including instructions on how a “Medical Orders for Life–Sustaining Treatment” form is revised or revoked.

(2) Regulations adopted under paragraph (1) of this subsection shall be consistent with the Health Care Decisions Act.

(j) The Department shall make the “Medical Orders for Life–Sustaining Treatment” form and the instructions for the completion and use of the form, including instructions on how the form is revised or revoked, available on its website and may print and distribute the form, the instructions, and training materials.
Md. Code, Transportation § 5-201.2 — MD Code / Article gtr / Title 5 / Subtitle 2 / Section 5-201.2
§5–201.
Status: in_force

§5–201.2.

(a) Subject to § 2–1257 of the State Government Article, the Commission shall report by January 15 of each year to the General Assembly on the activities of the Commission during the previous year.

(b) The report shall include:

(1) A review of the financial and operational results for all State–owned airports during the previous year, a summary of Commission feedback related to health or community impact and how the Commission addressed such feedback, and any recommendations of the Commission for future changes in legislation, capital funding, or operational flexibility;

(2) Subject to review by the Department of Budget and Management, an estimate of all expenditures necessary for the operation of the Commission. The estimate shall identify staff resources allocated to the Commission that are provided by the Department or other State agencies; and

(3) Actions taken by the Commission pursuant to § 5–201.1(a) of this subtitle, including the consideration of the comparative status of employees serving at comparable airports or aeronautical agencies.
Md. Code, Criminal Law § 5-613 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-613
§5–613.
Status: in_force

(a) In this section, “drug kingpin” means an organizer, supervisor, financier, or manager who acts as a coconspirator in a conspiracy to manufacture, distribute, dispense, transport in, or bring into the State a controlled dangerous substance.

(b) (1) (i) Except as provided in paragraph (2) of this subsection, a drug kingpin who conspires to manufacture, distribute, dispense, transport in, or bring into the State a controlled dangerous substance in an amount listed in § 5–612 of this subtitle is guilty of a felony and on conviction is subject to imprisonment for not less than 20 years and not exceeding 40 years without the possibility of parole or a fine not exceeding $1,000,000 or both.

(ii) A court may not suspend any part of the mandatory minimum sentence of 20 years.

(iii) The person is not eligible for parole during the mandatory minimum sentence.

(2) A drug kingpin who conspires to manufacture, distribute, dispense, transport in, or bring into the State cannabis in an amount listed in § 5–612(a)(1) of this subtitle is guilty of a felony and on conviction is subject to imprisonment not exceeding 20 years or a fine not exceeding $100,000 or both.

(c) It is not a defense to a prosecution under this section that the controlled dangerous substance was brought into or transported in the State solely for ultimate distribution or dispensing in another jurisdiction.

(d) Notwithstanding any other provision of this title, a conviction under this section does not merge with the conviction for any crime that is the object of the conspiracy.

(e) The provisions of § 6–220 of the Criminal Procedure Article do not apply to a conviction under this section.

(f) This section does not:

(1) prohibit a court from imposing an enhanced penalty under § 5–905 of this title; or

(2) preclude or limit a prosecution for any other crime.
Md. Code, Insurance § 5-905 — MD Code / Article gin / Title 5 / Subtitle 9 / Section 5-905
§5–905.
Status: in_force

(a) (1) Credit may not be allowed, as an asset or deduction from liability, to a ceding insurer for reinsurance unless the reinsurance contract provides, in substance, that in the event of the insolvency of the ceding insurer, the reinsurance shall be payable under the terms of a contract reinsured by the reinsurer on the basis of reported claims allowed by the court in a liquidation proceeding, without diminution because of the insolvency of the ceding insurer.

(2) Payments made by a reinsurer under paragraph (1)(ii) of this subsection shall be made directly to the ceding insurer or its domiciliary receiver unless:

(i) the reinsurance contract or other written agreement specifically provides another payee of the reinsurance in the event of the insolvency of the ceding insurer; or

(ii) subject to any contractual or statutory requirement of consent by the policyholder, the reinsurer has assumed the policy obligations of the ceding insurer as direct obligations of the reinsurer to the payees under the policies and in substitution for the ceding insurer’s obligations to the payees.

(3) (i) Notwithstanding paragraph (2) of this subsection, if a life and health insurance guaranty association has elected to succeed to the rights and obligations of an insolvent insurer under a reinsurance contract, the reinsurer’s liability to pay covered reinsured claims shall continue under the reinsurance contract, subject to the payment of premiums to the reinsurer for the reinsurance coverage.

(ii) Payment for a covered reinsured claim under subparagraph (i) of this paragraph shall be made by the reinsurer only at the direction of the life and health insurance guaranty association or its designated successor.

(iii) Payment for a covered reinsured claim made by the reinsurer at the direction of the life and health insurance guaranty association or its designated successor discharges the reinsurer’s liability to any other person for payment of the covered reinsured claim.

(b) (1) A reinsurance contract may provide that the domiciliary receiver of an insolvent ceding insurer shall give written notice to the reinsurer of the pendency of a claim made against the insolvent ceding insurer under the contract reinsured within a reasonable time after the claim is filed in the liquidation proceeding.

(2) During the pendency of the claim, the reinsurer, at its own expense, may investigate the claim and interpose, in the liquidation proceeding, any defense that it determines is available to the insolvent ceding insurer or its receiver.

(3) (i) The reinsurer may file a claim against the insolvent ceding insurer for any expense incurred by the reinsurer under paragraph (2) of this subsection.

(ii) The claim may not exceed an amount equal to the proportionate share of the benefit accruing to the insolvent ceding insurer solely as a result of the defense undertaken by the reinsurer.

(iii) If two or more reinsurers are involved in a claim and a majority in interest elect to interpose a defense to the claim, the expense shall be apportioned in accordance with the terms of the reinsurance contract as though the expense had been incurred by the insolvent ceding insurer.

(c) On request of the Commissioner, a ceding insurer shall inform the Commissioner promptly in writing of the cancellation or any other material change of any of its reinsurance contracts or arrangements.
Md. Code, Insurance § 5-314 — MD Code / Article gin / Title 5 / Subtitle 3 / Section 5-314
§5–314.
Status: in_force

(a) For policies and contracts specified in the valuation manual, a company shall establish reserves using a principle–based valuation that:

(1) quantifies the benefits and guarantees, and the funding, associated with the policies or contracts and their risks at a level of conservatism that reflects conditions that include unfavorable events that have a reasonable probability of occurring during the lifetime of the policies or contracts;

(2) for policies or contracts with significant tail risk, reflects conditions appropriately adverse to quantify the tail risk;

(3) incorporates assumptions, risk analysis methods and financial models, and management techniques that are consistent with, but not necessarily identical to, those used within the company’s overall risk assessment process, while recognizing potential differences in financial reporting structures and any prescribed assumptions or methods;

(4) incorporates assumptions that:

(i) are prescribed in the valuation manual; or

(ii) if not prescribed in the valuation manual:

1. are established using the company’s available experience, to the extent it is relevant and statistically credible; or

2. to the extent that company data is not available, relevant, or statistically credible, are established using other relevant, statistically credible experience; and

(5) provides margins for uncertainty, including adverse deviation and estimation error, such that the greater the uncertainty the larger the margin and resulting reserve.

(b) (1) A company that uses a principle–based valuation for one or more policies or contracts subject to this section shall:

(i) establish procedures for corporate governance and oversight of the actuarial valuation function consistent with those described in the valuation manual;

(ii) provide to the Commissioner and the board of directors of the company an annual certification of the effectiveness of the company’s internal controls with respect to the principle–based valuation; and

(iii) develop, and file with the Commissioner on request, a principle–based valuation report that complies with standards prescribed in the valuation manual.

(2) The internal controls under paragraph (1)(ii) of this subsection shall be designed to ensure that:

(i) all material risks inherent in the liabilities and associated assets subject to the principle–based valuation are included in the principle–based valuation; and

(ii) principle–based valuations are made in accordance with the valuation manual.

(3) The annual certification required under paragraph (1)(ii) of this subsection shall be based on the internal controls in place as of the end of the preceding calendar year.

(c) A principle–based valuation may include a prescribed formulaic reserve component.
Md. Code, Corporations and Associations § 5-206 — MD Code / Article gca / Title 5 / Subtitle 2 / Section 5-206
§5–206.
Status: in_force

(a) If the number of members present at a properly called meeting of the members of a nonstock corporation is insufficient to approve a proposed action, another meeting of the members may be called for the same purpose if:

(1) The notice of the meeting stated that the procedure authorized by this section might be invoked; and

(2) By majority vote, the members present in person or by proxy call for the additional meeting.

(b) Fifteen days’ notice of the time, place, and purpose of the additional meeting shall be given by advertisement in a newspaper published in the county where the principal office of the corporation is located. The notice shall contain the quorum and voting provisions of subsection (c) of this section.

(c) At the additional meeting, the members present in person or by proxy constitute a quorum. A majority of the members present in person or by proxy may approve or authorize the proposed action at the additional meeting and may take any other action which could have been taken at the original meeting if a sufficient number of members had been present.
Md. Code, Courts and Judicial Proceedings § 5-419 — MD Code / Article gcj / Title 5 / Subtitle 4 / Section 5-419
§5–419.
Status: in_force

(a) Subject to the provisions of subsection (b) of this section, a shareholder or trustee of a real estate investment, defined under Title 8, Subtitle 1 of the Corporations and Associations Article, is not personally liable for the obligations of the real estate investment trust.

(b) If a trustee otherwise would be liable, the provisions of subsection (a) of this section do not relieve the trustee from any liability to the trust or its security holders for any act that constitutes:

(1) Bad faith;

(2) Willful misfeasance;

(3) Gross negligence; or

(4) Reckless disregard of the trustee’s duties.

(c) (1) Except as provided in paragraph (2) of this subsection, the declaration of trust of a real estate investment trust may include any provision expanding or limiting the liability of its trustees and officers to the trust or its shareholders for money damages.

(2) The declaration of trust of a real estate investment trust may not include any provision that restricts or limits the liability of its trustees or officers to the trust or its shareholders:

(i) To the extent that it is proved that the person actually received an improper benefit or profit in money, property, or services, for the amount of the benefit or profit in money, property, or services actually received; or

(ii) To the extent that a judgment or other final adjudication adverse to the person is entered in a proceeding based on a finding in the proceeding that the person’s action or failure to act was the result of active and deliberate dishonesty and was material to the cause of action adjudicated in the proceeding.

(3) This subsection may not be construed to affect the liability of a person in any capacity other than the person’s capacity as a trustee or officer of a real estate investment trust.
Md. Code, Insurance § 5-1005 — MD Code / Article gin / Title 5 / Subtitle 10 / Section 5-1005
§5–1005.
Status: in_force

The Commissioner may establish by regulation limits on the risk retained by an insurer for a subject of financial guaranty insurance, including requirements for contingency reserves used in determining compliance with the applicable risk limits.
Md. Code, Family Law § 5-3A-01 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-01
§5–3A–01.
Status: in_force

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

(b) “Child” means an individual who is the subject of a guardianship or adoption petition under this subtitle.

(c) “Guardianship” means an award, under this subtitle, of any power of a guardian.

(d) “Identifying information” means information that reveals the identity or location of an individual.

(e) (1) “Parent” means an individual who, at the time a petition for guardianship or adoption is filed under this subtitle or at any time before a court terminates the individual’s parental rights:

(i) meets a criterion in § 5-3A-06(a) of this subtitle; or

(ii) is the mother.

(2) “Parent” does not include an individual whom a court has adjudicated not to be a father or mother.
Md. Code, Public Safety § 5-126 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-126
§5–126.
Status: in_force

(a) (1) A firearm applicant who is aggrieved by the action of the Secretary may request a hearing by writing to the Secretary within 30 days after the Secretary forwards notice to the firearm applicant under § 5-122 of this subtitle.

(2) The Secretary shall grant the hearing within 15 days after receiving the request.

(b) The hearing shall be held in accordance with Title 10, Subtitle 2 of the State Government Article.

(c) The hearing shall be held in the county of the legal residence of the firearm applicant.
Md. Code, Corporations and Associations § 5-5A-06 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-06
§5–5A–06.
Status: in_force

Except for powers inconsistent with this subtitle, each cooperative may exercise all powers granted to ordinary business corporations under the general corporation laws of Maryland and all powers which may be necessary, convenient, or expedient for the accomplishment of its purposes.
Md. Code, Corporations and Associations § 5-655 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-655
§5–655.
Status: in_force

This subtitle may be cited as the Electric Cooperative Act.
Md. Code, Environment § 5-508 — MD Code / Article gen / Title 5 / Subtitle 5 / Section 5-508
§5–508.
Status: in_force

(a) Appropriation or use of any waters of the State, construction or beginning construction, making or beginning any change, addition, reconstruction, or repair of any reservoir, dam or waterway obstruction, only shall be in conformity with any term, condition, regulation, or restriction of the Department’s permit or with any regulation the Department prescribes concerning any construction, change, addition, or repair.

(b) (1) Any term, condition, regulation, or restriction imposed on an appropriation or use of waters of the State or on a reservoir, dam, waterway obstruction, or change in the course, current, or cross section of any stream, through a permit issued pursuant to this subtitle, shall be binding on the owner of the permitted land or facility at the time the permit is issued and on any heirs, successors, or assigns of the owner’s interest in the land or facility.

(2) As a condition of permit issuance or renewal under this subtitle to construct, reconstruct, change, add to, or repair any dam or reservoir, the Department shall require the owner of the permitted land or facility to record, in accordance with §§ 3-102 and 3-103 of the Real Property Article, a memorandum prepared by the Department of the terms, conditions, regulations, or restrictions applicable to that land or facility. The recording shall be at the expense of the landowner.
Md. Code, Public Utilities § 5-204 — MD Code / Article gpu / Title 5 / Subtitle 2 / Section 5-204
§5–204.
Status: reserved

(a) This section does not apply to:

(1) a municipal corporation, sanitary district, or other unit of government;

(2) an individual, for the construction of a water system or sewage disposal system for the individual’s personal or private use; or

(3) a group of individuals for their joint personal or private use, unless the Commission finds that the joint use is for the purpose of generally serving a proposed new housing development.

(b) Without the prior authorization of the Commission, a person may not construct a water system or sewage disposal system for public use.

(c) (1) The Commission may authorize the construction of a water system or sewage disposal system for public use only on a finding that the construction of the water system or sewage disposal system is in the public interest.

(2) In determining whether the proposed construction of the water system or sewage disposal system is in the public interest, the Commission shall consider:

(i) the financing plans for the proposed construction; and

(ii) other pertinent facts and circumstances.

(d) An applicant for authorization to construct a water system or sewage disposal system:

(1) shall fully disclose to the Commission the financing plans for the construction; and

(2) has the burden of proof to satisfy the Commission that the construction is in the public interest.

(e) (1) After a hearing, the Commission may revoke an authorization to construct a water system or sewage disposal system if the Commission finds that the revocation is in the public interest.

(2) An order of revocation may be appealed in accordance with § 3-204 of this article.

(3) Subject to action of the Commission under § 3-205 of this article, the filing of an appeal does not stay an order of revocation.

(4) After the Commission issues an order of revocation, the water system or sewage disposal system may not be operated until the revocation is repealed by:

(i) the Commission; or

(ii) the final disposition of an appeal from the order of revocation.
Md. Code, Natural Resources § 5-710 — MD Code / Article gnr / Title 5 / Subtitle 7 / Section 5-710
§5–710.
Status: in_force

Any person owning property within 100 feet of the tracks of any railroad operating within the State when the distance is measured horizontally from the outer rail, who cuts or permits cutting trees or other crops on its property shall dispose of every tree top, brush, and other flammable material caused by the cutting so that the flammable material does not remain within 100 feet of the tracks for more than 30 days after cutting.