Md. Code, Education § 5-223 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-223
§5–223.
Status: in_force

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

(2) “Community school” means a community school under Title 9.9 of this article.

(3) (i) Except as provided in subparagraph (ii) of this paragraph, “concentration of poverty level” means the average percentage of eligible students of the school’s enrollment for the 3 prior school years rounded to the nearest whole percent.

(ii) If the 3 prior school years includes the 2020–2021 school year, “concentration of poverty level” means:

1. The sum of the percentage of eligible students of the school’s enrollment for the 4 prior school years minus the 2020–2021 school year percentage of eligible students; divided by

2. Three; and

3. Rounded to the nearest whole percent.

(4) (i) “Eligible school” means:

1. For the personnel grant, a public school, including a public charter school, with a concentration of poverty level of:

A. For fiscal year 2020, at least 80%;

B. For fiscal year 2021, at least 75%;

C. For fiscal year 2022, at least 70%;

D. For fiscal year 2023, at least 65%;

E. For fiscal year 2024, at least 60%; and

F. For fiscal year 2025, and each fiscal year thereafter, at least 55%; and

2. For the per pupil grant, a public school, including a public charter school, with a concentration of poverty level of:

A. For fiscal year 2022, at least 80%;

B. For fiscal year 2023, at least 75%;

C. For fiscal year 2024, at least 70%;

D. For fiscal year 2025, at least 65%;

E. For fiscal year 2026, at least 60%; and

F. For fiscal year 2027, and each fiscal year thereafter, at least 55%.

(ii) “Eligible school” includes an alternative option program in the local school system if the students in the program are not included in the count of eligible students for another program or school to determine eligibility for the concentration of poverty grant.

(iii) “Eligible school” does not include a school that is eligible to receive funding under this section but has closed.

(5) “Eligible student” means the compensatory education enrollment as defined in § 5–222 of this subtitle in the second prior fiscal year rounded to the nearest whole number.

(6) “Locally funded county” means a county board that receives a compensatory education State share under § 5–221(c)(1)(ii) of this subtitle.

(7) “Needs assessment” means the assessment completed under § 9.9–104 of this article.

(8) “Per pupil grant amount” means, for all eligible schools in the county, the per pupil amount for each eligible school calculated under subsection (d) of this section multiplied by the number of eligible students in the school.

(9) “Per pupil maximum amount” means:

(i) For fiscal year 2022, $3,374.48; and

(ii) For each subsequent fiscal year, the prior fiscal year amount increased by the inflation adjustment.

(10) “Program” means the Concentration of Poverty School Grant Program established under this section.

(11) “Sliding scale adjustment factor” means:

(i) For fiscal year 2022, $7,422.33; and

(ii) For each subsequent fiscal year, the prior fiscal year amount increased by the inflation adjustment.

(12) “Sliding scale upper limit” means:

(i) For fiscal year 2022, $13,495.15; and

(ii) For each subsequent fiscal year, the prior fiscal year amount increased by the inflation adjustment.

(13) “State funded county” means a county that is not a locally funded county.

(14) “Wraparound services” includes the wraparound services defined under § 9.9–101 of this article.

(b) (1) There is a Concentration of Poverty School Grant Program in the State.

(2) The purpose of the Program is to provide grants to eligible schools with a high concentration of eligible students.

(3) The Program consists of the:

(i) Personnel grant; and

(ii) Per pupil grant.

(c) (1) (i) For fiscal year 2022, the State shall distribute a personnel grant to each county board equal to $248,833 for each eligible school in the county.

(ii) In each subsequent fiscal year, the personnel grant equals the personnel grant in the prior fiscal year increased by the inflation adjustment.

(iii) Except as provided in subsection (g) of this section, each county board shall distribute directly to each eligible school the amount provided under paragraph (1)(i) and (ii) of this subsection.

(2) (i) Each eligible school shall employ one community school coordinator staff position in the eligible school.

(ii) 1. Each eligible school shall provide full–time coverage by at least one professional health care practitioner during school hours, including any extended learning time, who is a licensed physician, a licensed physician’s assistant, or a licensed registered nurse, practicing within the scope of the health care practitioner’s license.

2. A health care practitioner providing coverage under this subparagraph may work under a school health services program, a county health department, or a school–based health center.

3. This subparagraph may not be construed to:

A. Require that an eligible school hire a full–time health care practitioner staff position; or

B. Preclude the hiring of any other health care practitioners that meet the needs of the students.

(3) Each eligible school shall use the personnel grant to fund the requirements under paragraph (2) of this subsection.

(4) If the personnel grant provided to an eligible school exceeds the cost to employ the positions and provide the coverage required under paragraph (2) of this subsection, the eligible school may only use the excess funds to:

(i) Provide wraparound services to the students enrolled in the eligible school;

(ii) Complete the needs assessment; and

(iii) In fiscal years 2021 through 2025, provide the requirements under COMAR Title 13A, Subtitle 04, including 13A.04.16.01.

(5) (i) If an eligible school, prior to receiving a personnel grant, employs an individual in a position or has the coverage required under paragraph (2) of this subsection, at least the same amount of funds shall be provided to the eligible school to be used for those positions or coverage after receiving a personnel grant.

(ii) If an eligible school satisfies subparagraph (i) of this paragraph, then the school shall use the personnel grant in accordance with paragraph (4) of this subsection.

(6) The community school coordinator shall be subject to the requirements under § 9.9–104 of this article.

(7) A county that provides a school nurse, school health services, or community school services from funds outside of those made in the fiscal year 2019 local appropriation to the county board shall continue to provide at least the same resources to an eligible school through fiscal year 2030.

(8) If an eligible school becomes ineligible, the school shall remain entitled to the personnel grant for two school years after the school loses eligibility but may not receive the per pupil grant.

(9) The personnel and per pupil grant may be used through fiscal year 2027 to provide the programs required under COMAR Title 13A, Subtitle 04, including 13A.04.16.01.

(d) (1) (i) 1. Eligible schools with a concentration of poverty level of at least 80% shall receive a per pupil grant beginning in fiscal year 2022.

2. All other eligible schools shall receive the per pupil grant 1 year after becoming eligible and on completion of the needs assessment required under § 9.9–104 of this article.

(ii) Except as provided in paragraph (3) of this subsection, each eligible school shall receive a per pupil grant each fiscal year equal to the product of the total number of eligible students in the school and the per pupil amount based on the sliding scale under paragraph (2) of this subsection.

(2) (i) The sliding scale per pupil amount shall be calculated as provided in this paragraph.

(ii) For schools with a concentration of poverty level less than or equal to 55%, the per pupil amount is $0.

(iii) For schools with a concentration of poverty level greater than 55% but less than 80%, the per pupil amount is equal to the product of the concentration of poverty level and the sliding scale upper limit minus the sliding scale adjustment factor.

(iv) For schools with a concentration of poverty level equal to or greater than 80% the per pupil amount is the maximum per pupil amount.

(3) Except as provided in paragraph (4) of this subsection, each eligible school shall receive the following proportion of the per pupil grant calculated under paragraph (2) of this subsection rounded to the nearest whole dollar:

(i) For the 1st year of eligibility, 16%;

(ii) For the 2nd year of eligibility, 32%;

(iii) For the 3rd year of eligibility, 37%;

(iv) For the 4th year of eligibility, 55%;

(v) For the 5th year of eligibility, 66%;

(vi) For the 6th year of eligibility, 75%; and

(vii) For the 7th year of eligibility and each year of eligibility thereafter, 100%.

(4) Beginning in fiscal year 2030, each eligible school shall receive 100% of the per pupil grant calculated under paragraph (2) of this subsection rounded to the nearest whole dollar.

(e) (1) For a locally funded county each fiscal year, the State shall distribute the State share of the per pupil grant amount to each county board.

(2) For a State funded county:

(i) The State shall distribute 100% of the per pupil grant amount to each county board; and

(ii) There is no local share of the per pupil grant amount.

(3) Each fiscal year, the county board shall distribute to each school the minimum school funding amount for the per pupil grant amount calculated under § 5–234 of this subtitle.

(f) (1) Except as provided in subsection (g) of this section, each eligible school shall use the per pupil grant to provide wraparound services and other programs and services identified in the eligible school’s needs assessment plan.

(2) A local school system may request flexibility in distributing funds through an appeals process established by the Department.

(g) (1) Except as provided in paragraph (2) of this subsection, if a local school system has at least 10 eligible schools or if at least 35% of a local school system’s schools are eligible schools:

(i) The county board may, on behalf of the eligible schools, expend no more than 50% of the funds distributed for the Program, provided that a plan is developed in consultation with the eligible schools that ensures that the requirements of subsections (c)(2) through (8) and (f)(1) of this section are met and the plan, consistent with the requirements in Title 9.9 of this article, is submitted to the Department; and

(ii) In expending funds on behalf of an eligible school a county board may spend funds distributed for the Program costs, that directly benefit an eligible school, including to:

1. Provide central support to effectively manage Program funds;

2. Enter into contracts with outside service providers that support at least 2 eligible schools;

3. Coordinate spending on behalf of eligible schools under subparagraph (i) of this paragraph; and

4. Any other administrative cost as defined by the Department through regulation.

(2) Paragraph (1) of this subsection does not apply to a public charter school unless the public charter school chooses to participate in the plan.

(3) A county board that expends funds on behalf of eligible schools in the county in accordance with this subsection shall provide to each eligible school:

(i) An itemized list of services provided for students and their families that meet the needs identified in the needs assessment of the eligible school;

(ii) The amount of funding spent on each service; and

(iii) The amount of funding spent on central administrative support for services provided to the school.

(4) (i) The Department may adopt policies and procedures to carry out this subsection.

(ii) By July 1, 2026, the Department shall adopt regulations to carry out this subsection.

(h) On or before October 1, 2021, and each October 1 thereafter, the Department shall submit to the Department of Budget and Management and the Department of Legislative Services the percentage and number of students at each school eligible for free or reduced price meals in the prior school year and each public school’s eligibility for a grant under this program in the upcoming fiscal year.

(i) (1) On or before August 15, 2025, and each August 15 thereafter, each community school coordinator of an eligible school shall submit to the Department an evaluation that provides for the immediately preceding school year for the community school coordinator’s eligible school:

(i) How funds provided under this section were allocated at the beginning of the school year compared to how the funds were actually used;

(ii) The numbers of:

1. Students identified as needing wraparound services;

2. Students and families provided with wraparound services, categorized by the type of service as described under § 9.9–101 of this article; and

3. Families, organizations, and community members who volunteered at the eligible school;

(iii) The rates of:

1. Chronic absenteeism; and

2. Student disciplinary action; and

(iv) Strategies for reducing the rate of chronic absenteeism identified under item (iii) of this paragraph.

(2) Each community school coordinator shall use the evaluation form developed by the Director of Community Schools under § 9.9–103 of this article.

(3) The Department shall:

(i) Transmit the final report to the Accountability and Implementation Board and make publicly available each evaluation submitted under this subsection; and

(ii) On or before December 1, 2024, submit a report to the General Assembly, in accordance with § 2–1257 of the State Government Article, on possible methods for ensuring that funds provided under this section are used appropriately and effectively.

(4) (i) On or before December 1, 2028, the Department shall conduct a statewide evaluation of the Program.

(ii) The Department shall summarize the results of the findings in a report that the Department shall:

1. Transmit to the Accountability and Implementation Board;

2. Submit to the General Assembly in accordance with § 2–1257 of the State Government Article; and

3. Make publicly available.
Md. Code, Natural Resources § 5-608.1 — MD Code / Article gnr / Title 5 / Subtitle 6 / Section 5-608.1
§5–608.
Status: reserved

§5–608.1.

(a) In this section, “forest product operator” means a person engaged in a forest products business who is licensed under § 5–608 of this subtitle.

(b) There is a Voluntary Firewood Treatment Certification Program in the Department.

(c) The purpose of the program is to certify forest product operators who export firewood to other states and use heat treatment and other procedures to prevent the presence of wood boring pest infestations, wood inhabiting pests, and plant disease pathogens in the firewood products.

(d) The Department may issue a certification to a forest product operator if:

(1) The forest product operator submits a complete application for the certification on a form provided by the Department; and

(2) The Department determines, on inspection, that the facility, equipment, and treatment methods used by the forest product operator meet the criteria for certification established by the Department by regulation.

(e) A certification issued under this section:

(1) Shall have a term of 1 year;

(2) May include any conditions the Department considers necessary;

(3) May be renewed in accordance with regulations adopted by the Department;

(4) May not be transferred; and

(5) May be suspended or revoked by the Department for failure to comply with:

(i) The provisions of this section;

(ii) A regulation adopted by the Department under this section; or

(iii) A condition or requirement of the certification.

(f) (1) At least once annually and at any other time that the Department considers necessary, the Department may inspect the facility and equipment used by a forest product operator certified under this section.

(2) The Department shall keep a report of each inspection conducted under this subsection.

(g) The Department, in consultation with the Department of Agriculture, shall adopt regulations to implement the provisions of this section, including regulations that establish:

(1) The criteria for certification under this section; and

(2) The procedures for suspension and revocation of a certification issued under this section.
Md. Code, Labor and Employment § 5-810 — MD Code / Article gle / Title 5 / Subtitle 8 / Section 5-810
§5–810.
Status: in_force

(a) (1) Except as provided in paragraph (2) of this subsection, a civil penalty under § 5–809 of this subtitle may not exceed:

(i) 1. before July 15, 2025, $16,131 for each violation; and

2. beginning July 15, 2025, the amount set by the Commissioner under subsection (b) of this section for each violation; and

(ii) if an employer does not correct a violation within the period allowed for correction:

1. before July 15, 2025, $16,131 for each day that the violation continues; and

2. beginning July 15, 2025, the amount set by the Commissioner under subsection (b) of this section for each day that the violation continues.

(2) A civil penalty for a willful or repeated violation of a provision of this title, an order passed under this title, or a regulation adopted to carry out this title may not exceed:

(i) before July 15, 2025, $161,323 for each violation; and

(ii) beginning July 15, 2025, the amount set by the Commissioner under subsection (b) of this section for each violation.

(3) A civil penalty for a willful violation of a provision of this title, an order passed under this title, or a regulation adopted to carry out this title may not be less than:

(i) before July 15, 2025, $11,162; and

(ii) beginning July 15, 2025, the amount set by the Commissioner under subsection (b) of this section.

(b) (1) Subject to paragraph (2) of this subsection, beginning January 1, 2025, and each calendar year thereafter, the Commissioner shall increase the minimum and maximum penalties in effect under subsection (a) of this section by increasing each civil penalty amount by the percentage increase, if any, in the Consumer Price Index for All Urban Consumers or a successor index published by the federal Bureau of Labor Statistics as necessary to comply with federal law.

(2) The adjustment under paragraph (1) of this subsection shall be effective July 15 each year.

(c) Before the Commissioner assesses a civil penalty under § 5–809 of this subtitle, the Commissioner shall consider the appropriateness of the penalty in relation to:

(1) the size of the business of the employer against whom the penalty is to be assessed;

(2) the gravity of the violation for which the penalty is to be assessed;

(3) the good faith of the employer;

(4) the history of violations by the employer;

(5) the injury and illness experience of the employer;

(6) the existence and quality of a safety and training program;

(7) the actual harm to human health including injury or illness;

(8) the extent to which the current violation is part of a recurrent pattern of the same or similar type of violation; and

(9) the extent to which the existence of the violation was known to the employer but remained not corrected.
Md. Code, Family Law § 5-4B-05 — MD Code / Article gfl / Title 5 / Subtitle 4B / Section 5-4B-05
§5–4B–05.
Status: in_force

(a) An individual who applies for search, contact, and reunion services shall execute a written agreement with a confidential intermediary concerning the provision of search, contact, and reunion services.

(b) (1) (i) Except as provided in paragraph (2) of this subsection, the confidential intermediary may charge the individual a reasonable fee for search, contact, and reunion services.

(ii) The overall amount of fees collected may not exceed the costs of providing the services.

(2) The confidential intermediary may not charge a director of a local department who applies for search, contact, and reunion services on behalf of a minor in out–of–home placement the fee described in paragraph (1) of this subsection.

(c) The confidential intermediary shall promptly:

(1) file the executed agreement with the Director; and

(2) attempt to contact the adopted individual, the biological parent, or the sibling sought by the applicant.
Md. Code, Insurance § 5-709 — MD Code / Article gin / Title 5 / Subtitle 7 / Section 5-709
§5–709.
Status: in_force

(a) On completion of a merger or consolidation, an insurer that merges or consolidates with another insurer may:

(1) transfer to the successor insurer any deposit made by the merged or consolidated insurer under this subtitle; or

(2) have released to the successor insurer all or part of a deposit made by the merged or consolidated insurer under this subtitle that is no longer required of the successor insurer under this article.

(b) A transfer or release of a deposit under this section may be made only:

(1) with the approval of the Commissioner; and

(2) on affidavit of the officers of the merged or consolidated insurer and the successor insurer that the liabilities of the merged or consolidated insurer have been extinguished, canceled, or reinsured.
Md. Code, State Finance and Procurement § 5A-333 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-333
§5A–333.
Status: in_force

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

(b) “Archaeology Office” means the Archaeology Office established under § 5A-334 of this subtitle.

(c) “Associated funerary objects” means objects that are reasonably believed to have been placed with individual human remains as a part of the death rite or ceremony of a culture.

(d) (1) “Cave” has the meaning stated in § 5-1401 of the Natural Resources Article.

(2) “Cave” includes:

(i) any naturally occurring void, cavity, recess, cavern, sinkhole, grotto, rock shelter, or system of interconnecting passages beneath the surface of the earth or within a cliff or ledge; and

(ii) natural subsurface water and drainage systems.

(e) “Committee” means the Advisory Committee on Archaeology.

(f) “Human remains” means any part of the body of a deceased human being in any state of decomposition.

(g) “Native American” means an individual or a descendant of an individual who inhabited North America before European contact.

(h) “Submerged archaeological historic property” means any underwater structure, remains, or object that:

(1) yields or is likely to yield information significant to the study of human prehistory, history, or culture; and

(2) (i) is so embedded in underwater land that excavating tools are needed to move the bottom sediments to reach all or part of it and has remained unclaimed for at least 100 years; or

(ii) is included or is eligible to be included in the National Register of Historic Places.
Md. Code, Environment § 5-1202 — MD Code / Article gen / Title 5 / Subtitle 12 / Section 5-1202
§5–1202.
Status: in_force

(a) There is a Herring Run Public Watershed Association.

(b) The Association is composed of:

(1) The State;

(2) Baltimore City; and

(3) Baltimore County.
Md. Code, State Finance and Procurement § 5A-327 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-327
§5A–327.
Status: in_force

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

(2) “MHT Loan Fund” means the Historic Preservation Loan Fund of the Trust.

(3) “MHT Loan Program” means the Historic Preservation Loan Program of the Trust.

(b) (1) There is an MHT Loan Program in the Trust.

(2) The purpose of the MHT Loan Program is to implement and encourage the preservation of historic properties.

(3) The Trust shall administer the MHT Loan Program and coordinate the MHT Loan Program with federal and State programs that complement or facilitate carrying out the MHT Loan Program.

(c) There is an MHT Loan Fund in the Trust.

(d) The MHT Loan Fund may be used:

(1) to pay administrative costs directly related to the MHT Loan Program;

(2) to pay for the Trust to acquire historic properties or interests in historic properties for its authorized purposes or for resale or lease subject to appropriate preservation covenants;

(3) to pay costs, including preparation costs, to restore or rehabilitate historic properties owned by the Trust for:

(i) the Trust’s authorized purposes; or

(ii) resale or lease subject to appropriate preservation covenants;

(4) to make loans to nonprofit organizations, political subdivisions, business entities, and individuals to:

(i) acquire, rehabilitate, restore, or refinance historic properties; or

(ii) provide short–term financing for costs, including preparation costs, directly related to work that the Trust or the State Historic Preservation Officer requires or recommends to be undertaken before a construction project financed with federal or State money is begun or continued; or

(5) to make a transfer to a qualified cooperating nonprofit organization as provided for under § 5A–331 of this part.

(e) (1) The MHT Loan Fund is a continuing, nonlapsing special fund that is not subject to § 7–302 of this article.

(2) The State Treasurer shall hold and the Comptroller shall account for the MHT Loan Fund.

(f) The MHT Loan Fund consists of:

(1) money appropriated in the State budget to the MHT Loan Program;

(2) money received as interest or repayment of principal on loans made under the MHT Loan Program or the Capital Revolving Fund for Historic Preservation;

(3) the proceeds from the resale or lease of property originally acquired by the Trust with money from the MHT Loan Fund or the Capital Revolving Fund for Historic Preservation;

(4) money received from other public or private sources for the benefit of the MHT Loan Fund; and

(5) money received from the sale of general obligation bonds.

(g) Money in the MHT Loan Fund shall be invested in the same manner as other State money.

(h) (1) The Department shall adopt regulations to carry out the purposes of the MHT Loan Program.

(2) The regulations shall include:

(i) application procedures;

(ii) procedures to give adequate notice to the public of assistance available under the MHT Loan Program;

(iii) provisions for the review of plans and specifications;

(iv) provisions for the inspection of projects during construction; and

(v) selection criteria the Trust must consider in evaluating loan applications, including:

1. the relative historical or cultural significance of, and the urgency of need for, the project to be financed by the loan;

2. any proposed contribution by the appropriate political subdivision to the project;

3. the geographic distribution of loan assistance from the MHT Loan Fund; and

4. other relevant factors.

(i) (1) With the approval of the Secretary, for each loan the Trust may set:

(i) the principal amount;

(ii) the maturity;

(iii) the repayment terms; and

(iv) an interest rate that complies with applicable federal regulations governing State borrowing.

(2) A loan from the MHT Loan Fund may be granted at an interest rate lower than rates on other loans from the MHT Loan Fund if:

(i) the loan recipient is a nonprofit organization or a political subdivision; or

(ii) the Secretary of Housing and Community Development determines under § 4–212 of the Housing and Community Development Article that after restoration or rehabilitation, the historic property will be wholly or partly occupied by individuals or families of limited income.

(3) A loan from the MHT Loan Program may be secured by:

(i) a mortgage lien, which may be subordinate to other mortgage liens;

(ii) a guarantee of repayment; or

(iii) another form of collateral acceptable to the Trust.

(4) Without approval or execution by the Board of Public Works, the Trust may take title to a mortgaged property by foreclosure or by deed in lieu of foreclosure and:

(i) convey title to a buyer; and

(ii) obtain and seek enforcement of a deficiency judgment.

(5) An individual or business entity may receive a loan only if the recipient can document that private financing is unavailable.

(6) The Trust shall ensure that no loan is made under the MHT Loan Program to acquire, restore, or rehabilitate a historic property unless the historic property is listed in or eligible to be listed in the Historic Register.

(j) (1) The Trust shall require the recipient of a loan from the MHT Loan Program to enter into an agreement to preserve and maintain the property.

(2) If the property is real property, the agreement shall be a recordable historic preservation easement.

(3) The Secretary may waive the agreement requirement if the Secretary finds that an agreement is impracticable.

(k) The trustees shall review and make recommendations to the Secretary about loans and expenditures from the MHT Loan Fund, and the Secretary shall approve each loan and expenditure from the MHT Loan Fund.

(l) (1) To the extent required by regulations adopted by the Secretary and approved by the Board of Public Works, the Secretary shall submit to the Board of Public Works for approval a proposed loan or expenditure from the MHT Loan Fund that will be financed through the sale of State general obligation bonds.

(2) Except for an expenditure under subsection (d)(2) or (3) of this section, a loan or expenditure from the MHT Loan Fund is not subject to Titles 4 and 5 of this article.

(m) On or before December 31 of each year, the Trust shall report to the Governor and, in accordance with § 2–1257 of the State Government Article, to the General Assembly on the financial status and the activities of the MHT Loan Program for the preceding fiscal year.

(n) (1) A person may not knowingly make or cause to be made a material false statement of fact, including an understatement or overstatement of financial condition, in a statement or report in or regarding an application for a loan or affecting an existing loan.

(2) A person who violates this subsection is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 2 years or a fine not exceeding $5,000 or both.
Md. Code, Health - General § 5-1002 — MD Code / Article ghg / Title 5 / Subtitle 10 / Section 5-1002
§5–1002.
Status: in_force

(a) There is a Maryland Suicide Fatality Review Committee, also referred to as the State team.

(b) The purpose of the State team is to identify and address the factors contributing to suicide deaths and facilitate system changes in the State to prevent suicide deaths.

(c) (1) The State team shall include the following members, who shall serve on an ex officio basis:

(i) The Secretary, or the Secretary’s designee;

(ii) The Deputy Secretary of the Behavioral Health Administration, or the Deputy Secretary’s designee; and

(iii) The Chair of the Governor’s Commission on Suicide Prevention.

(2) The Secretary may include in the State team the Chief Medical Examiner, or the Chief Medical Examiner’s designee.

(3) The Secretary may include the following members in the State team, as designated by the Secretary:

(i) A suicidologist or an academic with a specialty in the study and prevention of suicide;

(ii) One representative of health care providers;

(iii) One representative of an organization having expertise in suicide prevention;

(iv) One representative of an organization having expertise in the treatment and prevention of substance abuse;

(v) One representative of an organization that advocates for individuals with mental illness;

(vi) One representative of law enforcement or correctional services; and

(vii) Any additional members determined to be necessary by the Secretary to carry out the purpose of this subtitle, which may include representatives from relevant disciplines and relevant community–based organizations.

(d) The State team shall elect the chair of the State team by a majority vote.

(e) The Department shall provide staff for the State team.

(f) All members of the State team shall be voting members.

(g) (1) Each member designated under subsection (c)(3) of this section shall serve on the State team for a term of 3 years and may be reappointed.

(2) At the end of a term, a member designated under subsection (c)(3) of this section continues to serve until a successor is appointed.

(3) All vacancies shall be filled by the designating authority in accordance with this section.

(h) A member of the State team:

(1) May not receive compensation for service on the State team; but

(2) Is entitled to reimbursement for expenses under the Standard State Travel Regulations, as provided in the State budget.

(i) To the extent that funds are available, the State team may hire staff or consultants to assist the State team in carrying out its duties.
Md. Code, Human Services § 5-602 — MD Code / Article ghu / Title 5 / Subtitle 6 / Section 5-602
§5–602.
Status: in_force

Notwithstanding any other provision of law, the Administration, a local department, or any other unit may not decrease the monetary amount of assistance received by any recipient of public assistance before the implementation of a system of flat grant payments, solely as a result of the implementation of the system.
Md. Code, Family Law § 5-536 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-536
§5–536.
Status: in_force

(a) (1) The State Board consists of 11 members.

(2) Of the 11 members:

(i) 1 shall be appointed by the Governor from the Governor’s staff;

(ii) 3 shall be from the eighth judicial circuit, to be chosen by and from among the members of the local boards in the circuit; and

(iii) 1 shall be from each of the remaining judicial circuits, to be chosen by and from among the members of the local boards in the respective circuits.

(b) (1) The term of a member is 2 years.

(2) A member may not serve on the State Board beyond the completion of the term of the member on the local board.

(3) At the end of a term, a member continues to serve until a successor is appointed and qualifies.

(4) A member who is appointed after a term has begun serves only for the rest of the term and until a successor is appointed and qualifies.
Md. Code, Family Law § 5-1308 — MD Code / Article gfl / Title 5 / Subtitle 13 / Section 5-1308
§5–1308.
Status: in_force

(a) (1) The Department shall have a process for the assessment of the quality of casework services.

(2) An entity that specializes in child welfare services that enters into a memorandum of understanding with the Department may review and provide guidance on the quality assessment process developed by the Department.

(b) The quality assessment shall examine whether the outcome indicators established in §§ 5–1303 through 5–1306 of this subtitle have been substantially achieved.

(c) (1) The process described in subsection (a) of this section shall assess the quality of casework services through in–depth child and family case reviews that involve direct interviews by qualified and trained reviewers with:

(i) children;

(ii) family members;

(iii) caseworkers;

(iv) judges;

(v) court–appointed special advocates;

(vi) foster parents;

(vii) teachers;

(viii) medical personnel; and

(ix) others involved in providing support to the family.

(2) The child and family case reviews shall determine whether:

(i) children are safe;

(ii) the needs of children are met, specifically that the children:

1. are enrolled in school and receiving appropriate educational services; and

2. have all timely medical, dental, and mental health services, based on the child’s needs; and

(iii) the visitation between separated family members is occurring frequently and regularly, consistent with the best interests of the child.

(3) The performance reviews shall determine whether:

(i) 1. the family participated in the development of the service agreement and the case plan;

2. the service agreement addressed the behaviors and circumstances that led to child abuse or neglect; and

3. the case plan and service agreement were timely initiated;

(ii) the case plan was implemented and progress was made;

(iii) all members of the team of professionals working with the family and the child met at regular intervals to make changes to services and supports as necessary;

(iv) 1. a caseworker was promptly and regularly assigned and accessible to the case;

2. the assigned caseworker visited the child at least once per month; and

3. a supervisor has been regularly assigned and accessible to the case; and

(v) the foster parent or kinship care provider is receiving all services necessary to meet the needs of the child, including child care, respite care, and other support services.
Md. Code, Estates and Trusts § 5-803 — MD Code / Article get / Title 5 / Subtitle 8 / Section 5-803
§5–803.
Status: in_force

The consent required under § 5–802 of this subtitle shall be in substantially the following form:

CONSENT TO PROBATE OF COPY OF EXECUTED

LAST WILL AND TESTAMENT

The undersigned ___________________________ and ____________________, being all the heirs at law of the decedent and all the legatees named in the will executed by the decedent on ___________, hereby consent to the probate of a copy of that executed will, it having been determined, after an extensive search of the decedent’s personal records, that an original of the will cannot be located. By signing this Consent each of the undersigned affirms that it is his or her belief that the will executed by the decedent on ___________, is the last valid will executed by the decedent and was not revoked and that the copy of the will, as submitted with the petition for its admission, represents a true and correct copy of the will.

We affirm under the penalties of perjury that the facts set forth in this Consent are true and correct to the best of our knowledge, information, and belief.

DATE SIGNATURE PRINT NAME AND RELATIONSHIP

________ ______________________ ______________________________________

________ ______________________ ______________________________________

_______________________________

Attorney

________________________________

________________________________

Address

________________________________

Telephone Number
Md. Code, Corporations and Associations § 5-120 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-120
§5–120.
Status: in_force

(a) A privilege applicable to communications between an individual rendering professional services and the person receiving the services recognized under the law of this State is not affected by this subtitle.

(b) The privilege under this section applies to a domestic or foreign professional corporation and to its employees in all situations in which it applies to communications between an individual rendering professional services on behalf of the corporation and the person receiving the services.
Md. Code, Environment § 5-603 — MD Code / Article gen / Title 5 / Subtitle 6 / Section 5-603
§5–603.
Status: in_force

(a) The Department shall be responsible for the management and regulation of the geothermal resources in the State.

(b) The Department may contract for research and scientific investigation in order to determine the potential of the geothermal resources in the State.

(c) The Department may conduct and participate in development projects designed to demonstrate the feasibility of utilizing the State’s geothermal resources.

(d) The Department may use any funds made available for the purpose of exploring, analyzing, developing, and using geothermal resources.

(e) The Department may establish reasonable fees to cover the cost of processing permit applications.

(f) The Department shall adopt regulations necessary to assure safe and efficient undertaking of any operation to bore, core, dig, or construct a well. These regulations may allow for reinjection if there is adequate determination that the reinjection would maintain the integrity of the supply.

(g) The Department may adopt regulations necessary to implement this subtitle.
Md. Code, Corporations and Associations § 5-6B-19 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-19
§5–6B–19.
Status: in_force

(a) This section applies to any meeting of a cooperative housing corporation, the governing body of a cooperative housing corporation, or a committee of a cooperative housing corporation, notwithstanding anything contained in the documents of the cooperative housing corporation.

(b) Subject to the provisions of subsection (e) of this section, all meetings of the cooperative housing corporation shall be open to the members of the cooperative housing corporation or their agents.

(c) All members shall be given reasonable notice of all regularly scheduled open meetings of the cooperative housing corporation.

(d) (1) This subsection does not apply to a meeting of a governing body that occurs at any time before the members, other than the developer, have a majority of votes in the cooperative housing corporation.

(2) Subject to paragraph (3) of this subsection and to reasonable rules adopted by a governing body, a governing body shall provide a designated period of time during a meeting to allow members an opportunity to comment on any matter relating to the cooperative housing corporation.

(3) During a meeting at which the agenda is limited to specific topics or at a special meeting, the comments of members may be limited to the topics listed on the meeting agenda.

(e) (1) A meeting of a cooperative housing corporation may be held in closed session only for the purpose of:

(i) Discussing matters pertaining to employees and personnel;

(ii) Protecting the privacy or reputation of individuals in matters not related to the business of the cooperative housing corporation;

(iii) Consulting with legal counsel on legal matters;

(iv) Consulting with staff personnel, consultants, attorneys, board members, or other persons in connection with pending or potential litigation or other legal matters;

(v) Conducting investigative proceedings concerning possible or actual criminal misconduct;

(vi) Considering the terms or conditions of a business transaction in the negotiation stage if the disclosure could adversely affect the economic interests of the cooperative housing corporation;

(vii) Complying with a specific constitutional, statutory, or judicially imposed requirement protecting particular proceedings or matters from public disclosure; or

(viii) Discussing individual owner assessment accounts.

(2) If a meeting is held in closed session under paragraph (1) of this subsection:

(i) An action may not be taken and a matter may not be discussed if it is not permitted by paragraph (1) of this subsection; and

(ii) The minutes of the next meeting of the cooperative housing corporation shall include:

1. A statement of the time, place, and purpose of a closed meeting;

2. A record of the vote of each board or committee member by which the meeting was closed; and

3. A statement of the authority under this subsection for closing the meeting.
Md. Code, Economic Development § 5-552 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-552
§5–552.
Status: in_force

The Authority shall administer the Program.
Md. Code, Estates and Trusts § 5-303 — MD Code / Article get / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

The register shall assume due execution of the will:

(1) If the will appears to have been duly executed and contains a recital by attesting witnesses of facts constituting due execution; or

(2) If it does not so appear, or if the will does not contain that recital, then upon the verified statement of a person with personal knowledge of the circumstances of execution whether or not the person was in fact an attesting witness.
Md. Code, Family Law § 5-352 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-352
§5–352.
Status: in_force

(a) (1) This subsection does not limit the right of an individual to provide for distribution of property by will.

(2) Except as provided in § 2-123 of the Real Property Article, after a juvenile court enters an order for adoption under this Part IV of this subtitle:

(i) the adoptee:

1. is the child of the adoptive parent for all intents and purposes; and

2. is entitled to all of the rights and privileges of and is subject to all of the obligations of offspring born to the adoptive parent;

(ii) each of the adoptee’s living parents is:

1. relieved of all parental duties and obligations to the adoptee; and

2. divested of all parental rights as to the adoptee; and

(iii) the Estates and Trusts Article shall govern all of the rights of inheritance between the adoptee and parental relatives.

(b) An order for adoption under this Part IV of this subtitle terminates all pending guardianship cases as to the adoptee.

(c) Adoption of an adult has the same legal effect as adoption of a minor.

(d) (1) When a juvenile court enters an order for a child’s adoption under this Part IV of this subtitle, the juvenile court shall send notice to:

(i) each juvenile court that has a pending guardianship case as to the adoptee;

(ii) each of the child’s living, former parents who has not waived the right to notice;

(iii) the former parent’s last attorney of record in the guardianship case; and

(iv) the child’s last attorney of record in the guardianship case.

(2) Service on a former parent under this subsection shall be at the parent’s last address known to the juvenile court.
Md. Code, Human Services § 5-318 — MD Code / Article ghu / Title 5 / Subtitle 3 / Section 5-318
§5–318.
Status: in_force

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

(2) “Children of current or former recipients” has the meaning stated in § 5–304 of this subtitle.

(3) “Former recipient” has the meaning stated in § 5–304 of this subtitle.

(4) “Foster youth” has the meaning stated in § 5–304 of this subtitle.

(5) “Obligor” has the meaning stated in § 10–101 of the Family Law Article.

(b) (1) In cooperation with the local directors, the Secretary shall establish a job skills enhancement program to provide newly employed current and former recipients, children of current or former recipients, foster youth, and obligors with training to:

(i) enhance existing job–related skills;

(ii) gain additional or alternative job skills; or

(iii) learn interpersonal, communication, and other related skills.

(2) The job skills enhancement program shall be established in at least three counties, one of which shall be located in Western Maryland, Southern Maryland, or the Eastern Shore.

(c) The job skills enhancement program shall:

(1) target unskilled and semiskilled former and current recipients, children of current or former recipients, foster youth, and obligors who are newly employed in entry–level positions that have limited potential for advancement beyond entry–level; or

(2) target job training for former and current recipients, children of current or former recipients, foster youth, and obligors for employment in energy and environmental industries and construction, including:

(i) the energy–efficient building, construction, and retrofits industries;

(ii) the renewable electric power industry;

(iii) the energy efficient and advanced drive train vehicle industry;

(iv) the biofuels industry;

(v) the deconstruction and materials use industries;

(vi) the energy assessment industry serving the residential, commercial, or industrial sector;

(vii) the manufacturing industry that produces sustainable products using environmentally sustainable processes and materials;

(viii) the brownfields remediation industry;

(ix) the state of the art septic upgrades and sewage treatment industry;

(x) environmental restoration, including stream restoration, reforestation, invasive removal, and acid mine drainage;

(xi) state of the art storm water installation and retrofits;

(xii) agriculture conservation practices;

(xiii) the green roof industry and green roof maintenance industry; and

(xiv) sustainable landscaping.

(d) (1) Participation in the job skills enhancement program shall be voluntary.

(2) Individuals participating in the job skills enhancement program shall sign a training agreement with the local department.

(e) To be eligible to participate in the job skills enhancement program, an individual shall:

(1) (i) have been a recipient during the 36 months before beginning participation in the job skills enhancement program; or

(ii) be a former recipient, a child of a current or former recipient, a foster youth, or obligor;

(2) have been employed in entry–level employment for at least 6 months before beginning participation in the job skills enhancement program;

(3) provide employer validation or other documentation of employment status;

(4) have limited job skills; and

(5) have limited opportunity for advancement in the individual’s current employment.

(f) The local department shall contract for training services to be provided under the job skills enhancement program, as provided in § 5–306 of this subtitle.

(g) (1) The local department may work with businesses to train and place current and former recipients, children of current or former recipients, foster youth, and obligors in positions that meet the requirements of paragraph (2) of this subsection.

(2) Participating businesses shall:

(i) provide employment with benefits paid to employees;

(ii) provide employment that has a defined career path;

(iii) demonstrate the active involvement and financial commitment of the business; and

(iv) provide a match with cash or in–kind contributions on at least a one–to–one basis.

(h) (1) At the discretion of the Secretary and in consultation with the local director, the job skills enhancement program shall be administered by the local department or through the State workforce development area system under the federal Workforce Innovation and Opportunity Act.

(2) The Administrator of the program under paragraph (1) of this subsection shall:

(i) manage each participant’s training plan;

(ii) maintain a database of appropriate training vendors; and

(iii) compile necessary fiscal reports on the job skills enhancement program.

(i) In addition to any other funds available to fund the job skills enhancement program, the Secretary shall attempt to access funds available to the State under the American Recovery and Reinvestment Act and any other funds designed to reduce energy use and global warming emissions that would be available for job training in the industries listed under subsection (c)(2) of this section.
Md. Code, Economic Development § 5-324 — MD Code / Article gec / Title 5 / Subtitle 3 / Section 5-324
§5–324.
Status: in_force

(a) Each subsection of this section is subject to § 5–323 of this subtitle.

(b) If the Department or Authority determines a project to be a significant strategic economic development opportunity, the Department or Authority may provide a loan from the Fund for the project to an individual, private business, nonprofit entity, or the Corporation in an amount not exceeding $10,000,000.

(c) If the Department or Authority determines a project to be a local economic development opportunity, the Department or Authority may provide financial assistance from the Fund for the project to an individual, private business, nonprofit entity, or the Corporation in an amount not exceeding:

(1) $5,000,000 for a loan or investment; and

(2) $2,000,000 for a grant.

(d) (1) Financial assistance provided to a local government or the Corporation to finance a project may be:

(i) in the form of a grant, loan, or investment; and

(ii) except as provided in paragraph (2) of this subsection, in an amount not exceeding $3,000,000.

(2) Financial assistance for a Tier I county project may be in an amount determined by the Department.

(3) A grant to a local economic development fund is subject to the requirements of Part V of this subtitle.

(e) Financial assistance for a specialized economic development opportunity may be:

(1) provided to an individual, private business, nonprofit entity, or local government, or the Corporation;

(2) in the form of a grant, loan, or investment; and

(3) in an amount determined by the Department or Authority.
Md. Code, Agriculture § 5-307 — MD Code / Article gag / Title 5 / Subtitle 3 / Section 5-307
§5–307.
Status: in_force

(a) If the Secretary or his designee finds any plant infested or infected with any dangerously injurious plant pest, he shall issue a stop sale notice and mark or tag the plant in a conspicuous manner. He shall give written notice to the owner, tenant, or person in charge of the premises.

(b) If the person notified does not destroy or treat the infested or infected plant pursuant to the departmental rules and regulations, the Secretary shall destroy or treat the plant. The Secretary shall prepare a statement of the expenses of destruction or treatment and shall transmit a copy of the statement and account to the State’s Attorney of the county where the owner of the premises resides. The State’s Attorney shall collect the expenses and account to the Secretary. The copy of the statement and account is sufficient evidence to prove the claim.
Md. Code, Courts and Judicial Proceedings § 5-1110 — MD Code / Article gcj / Title 5 / Subtitle 11 / Section 5-1110
§5–1110.
Status: in_force

(a) The Attorney General may suspend or revoke the registration of a structured settlement transferee, or deny an application for registration, if the Attorney General finds that the transferee or any of its employees, affiliates, or agents has:

(1) Directly or indirectly paid any fee or charge to any person as an inducement to refer a payee to the transferee in connection with a transfer subject to this subtitle;

(2) Directly or indirectly offered or provided any gift to a payee or a member of a payee’s family in connection with a transfer subject to this subtitle;

(3) Directly or indirectly offered any loan, extension of credit, or advance to a payee or a member of a payee’s family as an inducement to transfer structured settlement payment rights;

(4) Made any referral of a payee for independent professional advice concerning a proposed transfer subject to this subtitle other than a referral to a local or state bar association or not–for–profit lawyer referral service unaffiliated with any structured settlement transferee that makes referrals to attorneys, certified public accountants, or licensed financial consultants;

(5) Communicated with a payee or a person related to a payee with obscene or grossly abusive language, with the frequency, at unusual hours, or in any other manner as reasonably can be expected to abuse or harass the payee in connection with a transfer subject to this subtitle;

(6) Engaged in any unfair or deceptive trade practice, under § 13–301 of the Commercial Law Article;

(7) Conducted business in the State related to the transfer of structured settlement payment rights in any name other than the name or trade name registered with the Attorney General;

(8) With respect to a transferee, its affiliates, directors, members, general partners, officers, or executive, managerial, professional, or sales and marketing employees, been convicted of a crime involving dishonesty, deception, or moral turpitude;

(9) Been found by a court of competent jurisdiction or a government agency to have committed fraud, engaged in unfair trade practices, or committed any other civil wrong or regulatory violation involving dishonesty or deception; or

(10) Otherwise failed to comply with the provisions of this subtitle in connection with a transfer subject to this subtitle.

(b) In addition to, or instead of, denying an application for registration, or suspending or revoking the registration of any registrant, the Attorney General may impose a civil penalty for each violation of this subtitle in an amount not exceeding:

(1) $1,000 for a first violation; and

(2) $5,000 for each subsequent violation.

(c) In determining whether to deny an application for registration or suspend or revoke the registration of a registrant, or the amount of any civil penalty to be imposed, the Attorney General shall consider:

(1) The seriousness of the violation;

(2) The good faith of the transferee;

(3) Any history of previous violations; and

(4) Any other factor relevant to the determination.

(d) (1) The Attorney General shall provide to a registrant notice and an opportunity to request a hearing under Title 10, Subtitle 2 of the State Government Article to contest a proposed disciplinary action under this section, except that the Attorney General may delegate the authority to conduct a hearing to a deputy or assistant attorney general.

(2) Any party aggrieved by a decision and order of the Attorney General under this section and § 5–1108 of this subtitle may petition for judicial review as provided under §§ 10–222 and 10–223 of the State Government Article.
Md. Code, Business Regulation § 5-310 — MD Code / Article gbr / Title 5 / Subtitle 3 / Section 5-310
§5–310.
Status: in_force

(a) Subject to the hearing provisions of § 5–312 of this subtitle, the Director may deny a registration or permit to an applicant, reprimand a person subject to the registration or permit provisions of this title, or suspend or revoke a registration or permit if an applicant, registrant, or permit holder, or an agent, employee, officer, director, or partner of the applicant, registrant, or permit holder:

(1) fraudulently or deceptively obtains or attempts to obtain a registration or permit;

(2) fraudulently or deceptively uses a registration or permit;

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

(i) felony; or

(ii) misdemeanor that is directly related to the fitness and qualifications of the applicant, registrant, or permit holder to own or operate a cemetery, crematory, or reduction facility or provide burial goods;

(4) fails to provide or misrepresents any information required to be provided under this title;

(5) violates this title;

(6) violates the code of ethics adopted by the Director;

(7) violates a regulation adopted under this title;

(8) fails to provide reasonable and adequate supervision of the operation of the cemetery, crematory, or reduction facility or the provision of burial goods by agents, employees, officers, directors, or partners affiliated with a cemetery, crematory, reduction facility, or burial goods business;

(9) refuses to allow an inspection required by this title;

(10) fails to comply with an order of the Director;

(11) fails to comply with any terms of settlement under a binding arbitration agreement;

(12) is found guilty by a court in this State of violating an unfair or deceptive trade practices provision under Title 13 of the Commercial Law Article; or

(13) fails to comply with § 5–513 of the Health – General Article.

(b) (1) If a person is charged with a violation of this title that could result in suspension or revocation of a registration or permit, the Director may seek an immediate restraining order in a circuit court in this State to prohibit the person from engaging in the operation of any cemetery, crematory, reduction facility, or burial goods business.

(2) The restraining order is in effect until:

(i) the court lifts the order; or

(ii) the charges are adjudicated or dismissed.

(c) If a person is charged with a violation of this title that could result in suspension or revocation of a registration or permit, the Director may petition a court to:

(1) appoint a receiver or trustee to take charge of the assets and operate the business of the person in the event that the registration or permit is suspended or revoked; and

(2) take any actions as are appropriate to protect the public interest.

(d) Instead of or in addition to reprimanding a person, or suspending or revoking a registration or permit, the Director may impose a civil penalty:

(1) not to exceed $5,000 for each violation of this title or an order of the Director under this title; and

(2) not to exceed $500 for each day a violation continues past the time set for its correction.

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

(1) the seriousness of the violation;

(2) the harm caused by the violation;

(3) the good faith efforts of the person; and

(4) any history of previous violations by the person.

(f) Any civil penalties collected under this section shall be paid into the General Fund of the State.

(g) The Director shall consider the following facts in the granting, denial, renewal, suspension, or revocation of a registration or permit or the reprimand of a registrant or permit holder when an applicant, registrant, or permit holder, or an agent, employee, officer, director, or partner of an applicant, registrant, or permit holder is convicted of a felony or misdemeanor described in subsection (a)(3) of this section:

(1) the nature of the crime;

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

(3) with respect to a felony, the relevance of the conviction to the fitness and qualifications of the applicant, registrant, or permit holder, or agent, employee, officer, director, or partner to operate a cemetery or provide burial goods;

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

(5) the behavior and activities of the applicant, registrant, or permit holder, or any agent, employee, officer, director, or partner before and after the conviction.
Md. Code, Family Law § 5-605 — MD Code / Article gfl / Title 5 / Subtitle 6 / Section 5-605
§5–605.
Status: in_force

The sending, bringing, or causing to be sent or brought into any receiving state of a child in violation of the terms of this compact shall constitute a violation of the laws respecting the placement of children of both the state in which the sending agency is located or from which it sends or brings the child and of the receiving state. Such violation may be punished or subjected to penalty in either jurisdiction in accordance with its laws. In addition to liability for any such punishment or penalty, any such violation shall constitute full and sufficient grounds for the suspension or revocation of any license, permit, or other legal authorization held by the sending agency which empowers or allows it to place, or care for children.
Md. Code, State Government § 5-105 — MD Code / Article gsg / Title 5 / Subtitle 1 / Section 5-105
§5–105.
Status: in_force

(a) (1) The Treasurer may employ a staff in accordance with the State budget.

(2) While on the staff, an individual shall be covered by a surety bond or an insurance policy of the type and in the amount of coverage determined by the State Treasurer under § 5–108 of this subtitle.

(3) The staff shall perform the duties that the Treasurer assigns.

(b) (1) From among the employees on the staff, the Treasurer may designate 1 Chief Deputy Treasurer and 1 or more deputy treasurers.

(2) A designation as Chief Deputy Treasurer or as deputy treasurer may be terminated:

(i) by the Treasurer for any reason that the Treasurer considers sufficient; or

(ii) if the Treasurer is ill or absent, by the other members of the Board of Public Works for any reason that the members consider sufficient.

(3) A termination of the designation as Chief Deputy Treasurer or as deputy treasurer is not, of itself, a termination of employment.

(c) (1) The Treasurer, in consultation with the Secretary of Budget and Management, may set the pay scale of a position in the Office of the Treasurer that:

(i) is unique to the Office of the Treasurer; and

(ii) requires specific skills or experience to perform the duties of the position.

(2) The Secretary of Budget and Management, in consultation with the Treasurer, shall determine the positions for which the Treasurer may set compensation under paragraph (1) of this subsection.
Md. Code, Agriculture § 5-302 — MD Code / Article gag / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) The Secretary at least once a year shall determine by inspection the health and general condition of the horticultural and agricultural interests in each county of the State.

(b) The Secretary shall adopt rules and regulations governing the certification of nurseries and the licensing of dealers and brokers, develop a system for establishing plant standards, including pest free stock, develop a program for preventing the sale or distribution of plants that may be infested or infected with dangerously injurious pests, and establish reasonable fees, not to exceed $25, for services provided under this subtitle.

(c) All fees collected under the provisions of this subtitle shall be placed in a fund known as the “Plant Protection Fund” and used to partially defray the expense of administering this subtitle. Any unexpended funds at the end of the fiscal year shall revert to the general funds of the State.
Md. Code, Natural Resources § 5-302 — MD Code / Article gnr / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) The General Assembly declares that it is in the general public interest of the State to foster and encourage the development, management, and protection of the nonindustrial private woodlands of the State as these lands provide:

(1) Significant environmental, aesthetic, and wildlife benefits; and

(2) For the production of timber and forest resources essential to commerce and industry in the State.

(b) The General Assembly finds that:

(1) The growing demands on woodlands and related land resources cannot be met by intensive management of public lands and industrial forests alone;

(2) Nonindustrial private woodlands of the State are a significant source of the production of timber and other forest resources; and

(3) Unless measures are instituted to encourage landowners to apply practices to ensure the development, management, and protection of nonindustrial private woodlands, this natural resource will not be sustained with a consequent detriment to the citizens of the State.

(c) It is the intention of the General Assembly to provide incentives to eligible landowners:

(1) To apply practices that provide for:

(i) Afforestation of suitable open lands;

(ii) Reforestation of cutover or other nonstocked or overstocked woodlands;

(iii) Timber stand improvement practices, including thinning, prescribed burning, and other silvicultural treatments; and

(iv) Forest resources management and protection; and

(2) To provide for the nonindustrial private woodland production of timber and other related forest resources.
Md. Code, Natural Resources § 5-417 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-417
§5–417.
Status: in_force

(a) (1) A person may not engage in the work or business of a tree expert without a license issued under the provisions of this part.

(2) An employee under the supervision of a licensed tree expert may not be required to have a license in the name of the employee.

(b) A licensed tree expert shall within a time period established by the Department notify the Department electronically of:

(1) Any company that engages in the business or work of the treatment, care, or removal of trees for compensation under the tree expert’s license, and any changes to that status; and

(2) The liability and property damage insurance and workers’ compensation insurance carried by any company that engages or works under the tree expert’s license, and any changes to the insurance.
Md. Code, Family Law § 5-3A-34 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-34
§5–3A–34.
Status: in_force

(a) In ruling on a petition for a child’s adoption under this Part III of this subtitle, a court shall consider:

(1) all factors necessary to determine the child’s best interests; and

(2) the report required under § 5-3A-31 of this subtitle.

(b) In ruling on an adoption petition under this Part III of this subtitle, a court may not deny the petition solely because the petitioner is single or unmarried.
Md. Code, Economic Development § 5-209 — MD Code / Article gec / Title 5 / Subtitle 2 / Section 5-209
§5–209.
Status: in_force

(a) A person may not knowingly make or cause to be made a false statement or report:

(1) in an application or document provided to the Department; or

(2) to influence Department action affecting financial assistance, whether or not the assistance already has been extended.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 5 years or a fine not exceeding $50,000 or both.
Md. Code, Financial Institutions § 5-615 — MD Code / Article gfi / Title 5 / Subtitle 6 / Section 5-615
§5–615.
Status: in_force

In the distribution of the general assets of a trust company that is liquidated or reorganized, the person who succeeds the trust company as a personal representative, guardian, trustee, receiver, or other fiduciary has a preference for all debts and accounts that are due to or held by it as fiduciary over all other debts and liabilities, including salaries and wages of employees.
Md. Code, Transportation § 5-507 — MD Code / Article gtr / Title 5 / Subtitle 5 / Section 5-507
§5–507.
Status: in_force

(a) In a case of practical difficulty or unnecessary hardship, the Board, after public notice and hearing, may grant a specific variance from the airport zoning regulations adopted under this subtitle.

(b) Any person who desires to use his property in a manner prohibited by an airport zoning regulation adopted under this subtitle may apply to the Board for a variance from the regulation.

(c) On application for a variance, the Board shall act as a fact finding body and, among other things, shall consider any testimony or evidence presented regarding:

(1) The rules, regulations, restrictions, guides, and standards set forth in this subtitle and in the airport zoning regulations that the Administration adopts;

(2) The existing or proposed height, width, and use of the structure or tree or other vegetation for which the variance is requested;

(3) Whether the structure or tree or other vegetation will create or become an airport hazard;

(4) Whether issuance of the permit will result in endangering the public health, safety, security, or order; and

(5) The impact of the proposed variance upon the surrounding community.

(d) The Board may condition any variance so as to require the owner of the land or structure to which the variance applies to install, operate, and maintain at his expense the markers and lights necessary to indicate to aircraft the presence of an airport hazard.
Md. Code, Health - General § 5-1008 — MD Code / Article ghg / Title 5 / Subtitle 10 / Section 5-1008
§5–1008.
Status: in_force

The Department may adopt regulations to carry out this subtitle, including regulations on:

(1) The procedures by which health care providers, health care facilities, and other persons identify and report suicide deaths to the Department or as directed by the Department;

(2) The protocols, procedures, methods, manner, and extent of all investigations and reviews by the State team; and

(3) The manner in and extent to which information shall be disseminated under this subtitle.
Md. Code, Family Law § 5-3A-03 — MD Code / Article gfl / Title 5 / Subtitle 3A / Section 5-3A-03
§5–3A–03.
Status: in_force

(a) The General Assembly finds that the policies and procedures of this subtitle are desirable and socially necessary.

(b) The purposes of this subtitle are to:

(1) timely provide permanent and safe homes for children consistent with their best interests;

(2) protect children from unnecessary separation from their parents;

(3) ensure adoption only by individuals fit for the responsibility;

(4) protect parents from making hurried or ill-considered agreements to terminate parental rights;

(5) protect prospective adoptive parents by providing them information about prospective adoptees and their backgrounds; and

(6) protect adoptive parents from a future disturbance of their relationship with adoptees by former parents.
Md. Code, Labor and Employment § 5-606 — MD Code / Article gle / Title 5 / Subtitle 6 / Section 5-606
§5–606.
Status: in_force

(a) Upon installation of a sanitary sewer line in the State, each connection brought to the property line shall have a combination type fitting, capped at the horizontal end, with a vertical pipe capped within 4 feet of the surface.

(b) Each sewer house connection shall be designed to optimize safety, economy, functional efficiency, and operational maintenance.

(c) Vertical pipes to be used for house connections or cleanout pipes shall be a minimum of 4 inches in diameter.

(d) The requirements of this section apply in each county and subdivision in the State for any new installation or major modification occurring on or after January 1, 1992.
Md. Code, Human Services § 5-5A-07 — MD Code / Article ghu / Title 5 / Subtitle 5A / Section 5-5A-07
§5–5A–07.
Status: in_force

(a) (1) The Office shall:

(i) carry out an energy emergency crisis intervention program to prevent low–income households, including the near poor, the elderly, households with children, and those on fixed incomes from experiencing danger to health or survival as a result of an energy emergency;

(ii) establish intake procedures for those experiencing an energy emergency;

(iii) establish guidelines for the income and program eligibility of applicants; and

(iv) identify local public or private agencies to administer the crisis intervention program.

(2) (i) The Office shall make payments to fuel vendors and utility vendors that have provided service to persons qualifying for the crisis intervention program.

(ii) The amount of assistance shall be based on need.

(b) (1) The Office shall carry out one or more fuel and utility assistance programs to make payments on behalf of qualified households to defray fuel and utility costs.

(2) (i) The Office shall determine program and income eligibility guidelines.

(ii) The Office shall enroll in any fuel and utility assistance program any household with an individual who meets the financial eligibility requirements established by the Department for a recipient of:

1. the Supplemental Nutrition Assistance Program;

2. Temporary Assistance for Needy Families;

3. Supplemental Security Income; or

4. means–tested Veterans Affairs benefits.

(3) The amount of assistance shall be based on need.
Md. Code, Labor and Employment § 5-101 — MD Code / Article gle / Title 5 / Subtitle 1 / Section 5-101
§5–101.
Status: in_force

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

(b) “Commissioner” means the Commissioner of Labor and Industry.

(c) (1) “Employee” means, except as provided in § 5–401 of this title, an individual whom an employer employs, for a wage or other compensation, in the business of the employer.

(2) “Employee” includes:

(i) an individual whom a public body employs;

(ii) an individual who is licensed as a taxicab driver and leases or rents a taxicab from a person who operates or owns a taxicab business in Baltimore City;

(iii) an individual who is employed for part–time or temporary help by a public body or person who engages in a business that directly employs individuals to provide part–time or temporary help to another public body or person; and

(iv) an individual who performs work for a public body or person to whom the individual is provided by another public body or person who engages in a business that directly employs individuals to provide part–time or temporary help.

(d) (1) “Employer” means:

(i) except as provided in § 5–401 of this title, a person who is engaged in commerce, industry, trade, or other business in the State and employs at least one employee in that business; or

(ii) a public body.

(2) “Employer” includes:

(i) a person who operates or owns a taxicab business in Baltimore City and leases or rents a taxicab to a licensed taxicab driver, to provide services to the public;

(ii) a public body or person who engages in a business that directly employs individuals to provide part–time or temporary help to another public body or person; and

(iii) a public body or person who contracts directly with another public body or person who engages in a business that directly employs individuals to provide part–time or temporary help to another public body or person.

(e) “Occupational safety and health standard” means a regulation that requires:

(1) a condition that is reasonably appropriate or necessary to make employment and places of employment safe and healthful; or

(2) the adoption or use of a means, method, operation, practice, or process that is reasonably appropriate or necessary to make employment and places of employment safe and healthful.

(f) “Person” includes a successor.

(g) “Place of employment” means a place in or about which an employee is allowed to work.

(h) “Public body” means:

(1) a governmental unit;

(2) a public or quasi–public corporation of the State;

(3) a school district in the State or any unit of the district; or

(4) a special district in the State or any unit of the district.

(i) (1) “Workplace violence” means an act of violence or a threat of violence that occurs at a place of employment and that is not a lawful act of self–defense or defense of another person.

(2) “Workplace violence” includes, regardless of whether the employee is physically or psychologically injured:

(i) using or threatening to use physical force against an employee; or

(ii) an incident involving the use of or threatening the use of a firearm or other dangerous weapon.
Md. Code, Environment § 5-10A-01 — MD Code / Article gen / Title 5 / Subtitle 10A / Section 5-10A-01
§5–10A–01.
Status: in_force

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

(b) “Automobile graveyard” has the meaning stated in § 8-801 of the Transportation Article.

(c) “Automotive dismantler and recycler facility” has the meaning stated in § 8-801 of the Transportation Article.

(d) “Junkyard” has the meaning stated in § 8-801 of the Transportation Article.

(e) “Scrap metal processing facility” has the meaning stated in § 8-801 of the Transportation Article.
Md. Code, General Provisions § 5-852 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-852
§5–852.
Status: in_force

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

(b) (1) “Applicant” means an individual or a business entity that is, with regard to the land that is the subject of an application:

(i) a title owner, an assignee, or a contract purchaser of the land;

(ii) a trustee that has an interest in the land, excluding a trustee described in a mortgage or deed of trust; or

(iii) a holder of at least a 5% interest in a business entity that has an interest in the land if:

1. the interest holder is involved significantly in directing the affairs of the business entity, including the disposition of the land; or

2. the interest holder is engaged in substantive actions specifically pertaining to land development in Howard County as a regular part of the activity of the business entity.

(2) “Applicant” includes:

(i) any other business entity in which an individual or business entity described in paragraph (1) of this subsection holds at least a 3% interest;

(ii) an officer or a director of a corporation who actually holds title to, or is the contract purchaser or assignee of, the land that is the subject of an application if:

1. the corporation is listed on a national securities exchange and the officer or director owns at least 5% of its stock; or

2. in the case of any other corporation, the officer or director owns any interest in the corporation; or

(iii) as to an application for a zoning regulation, any person authorized to sign the application.

(3) “Applicant” does not include:

(i) a financial institution that has loaned money or extended financing for the acquisition, development, or construction of improvements on the land that is the subject of an application;

(ii) a municipal corporation or public corporation;

(iii) a public authority;

(iv) a public service company acting within the scope of Division I of the Public Utilities Article; or

(v) a person who is:

1. less than a full–time employee of a person described in paragraph (1) or (2) of this subsection; and

2. hired or retained as an accountant, an attorney, an architect, an engineer, a land use consultant, an economic consultant, a real estate agent, a real estate broker, a traffic consultant, or a traffic engineer.

(c) “Application” means:

(1) an application for a zoning map amendment;

(2) an application for a zoning regulation amendment; or

(3) participation in the adoption and approval of a comprehensive zoning plan by appearing at a public hearing, filing a statement in an official record, or engaging in other similar communication with an elected official, where the intent is to change the classification or increase the density of the land of the applicant.

(d) “Business entity” means:

(1) a corporation;

(2) a general partnership;

(3) a joint venture;

(4) a limited liability company;

(5) a limited partnership; or

(6) a sole proprietorship.

(e) “Candidate” means a candidate for election as Howard County Executive, or to the Howard County Council, who becomes an elected official.

(f) “Contribution” means any payment or transfer of money or property or the incurring of any liability or promise of anything of value to the treasurer of a candidate, a political committee, or a slate.

(g) “Contributor” means an individual or business entity that makes a contribution.

(h) “Elected official” means an individual who serves as Howard County Executive or as a member of the Howard County Council.

(i) (1) “Engaging in business” means entering into:

(i) a sale, a purchase, a lease, or other transaction involving goods, services, or real property; or

(ii) a contract, an award, a loan, an extension of credit, or any other financial transaction.

(2) “Engaging in business” does not include the sale of goods to an individual for the use or consumption of the individual or others for personal, family, or household purposes, as distinguished from industrial, commercial, or agricultural purposes.

(j) “Family member” means the spouse or child of either an applicant or a party of record who has made a contribution with the knowledge and consent of the applicant or party of record.

(k) “Party of record” means an individual or business entity that participates in a map amendment proceeding by the County Council or the zoning board, or who participates in the adoption and approval of a comprehensive zoning plan by appearing at a public hearing, filing a statement in an official record, or engaging in other similar communication with an elected official where the intent is to oppose a change in classification or an increase in density of the land of an applicant.

(l) “Political action committee” means a political committee that is not:

(1) a political party;

(2) a central committee;

(3) a slate; or

(4) a political committee organized and operated by, and solely on behalf of, an individual running for any elective office or a slate.

(m) “Political committee” means a committee, whether continuing or noncontinuing, specifically created to promote the candidacy of a person running for elective office.

(n) “Slate” means a group, combination, or organization of candidates created under the Election Law Article.

(o) (1) “Treasurer” has the meaning stated in § 1–101 of the Election Law Article.

(2) “Treasurer” includes a subtreasurer.
Md. Code, Education § 5-214 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-214
§5–214.
Status: in_force

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

(2) “Additional education appropriation” means the difference between a county’s education appropriation for the prior fiscal year and the county’s local share of the foundation program calculated under § 5–201 of this subtitle.

(3) “Additional education effort” means a county’s additional education appropriation divided by the county’s wealth, rounded to seven decimal places.

(4) “Guaranteed tax base program per pupil amount” means the lesser of:

(i) 20% of the annual per pupil foundation amount; and

(ii) The product of a county’s additional education effort and the difference between guaranteed wealth per pupil and local wealth per pupil.

(5) “Guaranteed wealth per pupil” means 80% of the statewide wealth per pupil.

(b) For fiscal year 2005 and each fiscal year thereafter, the State shall distribute guaranteed tax base grants to county boards as provided in this section.

(c) A county board is eligible to receive a guaranteed tax base grant if the county’s:

(1) Additional education effort is greater than zero; and

(2) Local wealth per pupil is less than the guaranteed wealth per pupil.

(d) The amount of the guaranteed tax base grant shall be equal to the product of the county’s guaranteed tax base program per pupil amount and the county’s enrollment count.
Md. Code, Family Law § 5-546 — MD Code / Article gfl / Title 5 / Subtitle 5 / Section 5-546
§5–546.
Status: in_force

A public or private agency or institution shall give to the State Board and local boards any information that the boards request to perform their duties.
Md. Code, Corporations and Associations § 5-6B-05 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-05
§5–6B–05.
Status: reserved

(a) (1) At least 180 days before a tenant is required to vacate a portion of a residential rental facility used as a residence that is acquired or is to be acquired by a cooperative housing corporation or that is owned by or is to be owned by a corporation that may become a cooperative housing corporation, the owner and the landlord of each tenant in possession of a portion of the residential rental facility shall give the tenant a notice in substantially the form specified in subsection (f) of this section.

(2) For effective notice, the owner and the landlord, at least 15 days before giving the notice required by this section, shall file with the Secretary of State a copy of the notice, a list of the tenants to whom the owner and the landlord anticipate giving notice, and an affidavit in substantially the following form:

“I hereby affirm under the penalty of perjury that the notice requirements of §

5–6B–05 of the Corporations and Associations Article, if applicable, have been

fulfilled.

�����Developer

�����By .......................................................................................................................

(3) If a tenant first leases a portion of the premises as a residence after the notice required by this subsection has been given, the owner and the landlord, if other than the owner, shall inform the tenant in writing that the notice has been given. The tenant shall be so informed on or before signing the lease or taking possession, whichever occurs first.

(b) The notice shall be considered to have been given to each tenant if delivered by hand or mailed, postage prepaid, to the tenant’s last known address.

(c) A tenant leasing a portion of a residential rental facility as a residence at the time the notice referred to in subsection (a) of this section is given to the tenant may not be required to vacate the premises prior to the expiration of 180 days from the giving of the notice except for:

(1) Breach of a covenant in the lease occurring before or after the notice is given;

(2) Nonpayment of rent occurring before or after the notice is given; or

(3) Failure of the tenant to vacate the premises at the time that is indicated by the tenant in a notice given to the landlord under subsection (e) of this section.

(d) (1) If the lease term of a tenant who leases a portion of a residential rental facility as a residence at the time the notice referred to in subsection (a) of this section is given would ordinarily terminate during the 180–day period, the lease term shall be extended, at the option of the tenant, until the expiration of the 180–day period.

(2) The extended term shall be at the same rent and on the same terms and conditions as were applicable on the last day of the lease term.

(e) A tenant who leases a portion of a residential rental facility as a residence at the time the notice referred to in subsection (a) of this section is given may terminate the lease, without penalty for termination, upon at least 30 days’ written notice to the landlord.

(f) The notice referred to in subsection (a) of this section shall be sufficient for the purposes of this section if it is in substantially the following form. As to rental facilities containing fewer than 10 units, “Section 2” of the notice is not required to be given.

“NOTICE OF INTENTION TO CREATE A COOPERATIVE HOUSING CORPORATION

�

����.................................................. (date)

This is to inform you that the residential rental facility known as .................... has been or may be acquired by a cooperative housing corporation or that the current owner of the residential rental facility has or may become a cooperative housing corporation in accordance with the Maryland Cooperative Housing Corporation Act. You may be required to move out of your residence after 180 days have passed from the date of this notice, or in other words, after ........................... (date).

Section 1

Rights that Apply to All Tenants

If you are a tenant in this residential rental facility and you have not already given notice that you intend to move, you have the following rights, provided you have previously paid your rent and continue to pay your rent and abide by the other terms and conditions of your lease.

(1)�����You may remain in your residence on the same rent, terms, and conditions of your existing lease until either the end of your lease term or until ............... (date) (the end of the 180–day period), whichever is later. If your lease term ends during the 180–day period, it will be extended on the same rent, terms, and conditions until ............... (date) (the end of the 180–day period). In addition, certain households may be entitled to extend their leases beyond the 180 days as described in Section 2.

(2)�����You have the right to purchase your residence before it can be sold publicly. A purchase offer describing your right to purchase is included with this notice.

(3)�����If you do not choose to purchase your residence, and the annual income for all present members of your household did not exceed ................ (the income eligibility figure for the appropriate area which equals approximately 80 percent of the median income for your county or standard metropolitan area) for 20__, you are entitled to receive $375 when you move out of your residence. You are also entitled to be reimbursed for moving expenses, as defined in the Maryland Cooperative Housing Corporation Act, over $375 up to $750 which are actually and reasonably incurred. If the annual income for all present members of your household did exceed ................ (the income eligibility figure for the appropriate area which equals approximately 80 percent of the median income for your county or standard metropolitan area) for 20__, you are entitled to be reimbursed up to $750 for moving expenses, as defined in the Maryland Cooperative Housing Corporation Act, actually and reasonably incurred. To receive reimbursement for moving expenses, you must make a written request, accompanied by reasonable evidence of your expenses, within 30 days after you move. You are entitled to be reimbursed within 30 days after your request has been received.

(4)�����If you want to move out of your residence before the end of the 180–day period or the end of your lease, you may cancel your lease without penalty by giving at least 30 days’ prior written notice. However, once you give notice of when you intend to move, you will not have the right to remain in your residence beyond that date.

Section 2

Right to 3–Year Lease Extension or 3–Month Rent Payment for Certain Handicapped Citizens and Senior Citizens

The developer who converts this residential rental facility to a cooperative housing corporation must offer extended leases to qualified households for up to 20 percent of the units in the residential rental facility. Households which receive extended leases will have the right to continue renting their residences for at least 3 years from the date of this notice. A household may cancel an extended lease by giving 3 months’ written notice if more than 1 year remains on the lease, and 1 month’s written notice if 1 year or less remains on the lease.

Rents under these extended leases may be increased only once each year and are limited by increases in the cost of living index. Read the enclosed lease to learn the additional rights and responsibilities of tenants under extended leases.

In determining whether your household qualifies for an extended lease, the following definitions apply:

(1) “Handicapped citizen” means a person with a measurable limitation of mobility due to congenital defect, disease, or trauma.

(2) “Senior citizen” means a person who is at least 62 years old on the date of this notice.

(3) “Annual income” means the total income from all sources for all present members of your household for the income tax year immediately preceding the year in which this notice is issued, whether or not included in the definition of gross income for federal or State tax purposes. For purposes of this section, the inclusions to and exclusions from annual income are the same as for “gross income” as that term is defined in § 9–104(a)(8) of the Tax – Property Article for the property tax credits for homeowners by reason of income and age, reduced by unreimbursed medical expenses if the tenant provides reasonable evidence of the unreimbursed medical expenses or consents in writing to authorize disclosure of relevant information regarding medical expense reimbursement at the time of applying for an extended lease. Total income means the same as “gross income” as defined in § 9–104(a)(8) of the Tax – Property Article.

To qualify for an extended lease you must meet all of the following criteria:

(1)�����A member of the household must be a handicapped citizen or a senior citizen and must be living in your unit as of the date of this notice and must have been a member of your household for at least the 12 months immediately preceding the date of this notice;

(2)�����Annual income for all present members of your household must not have exceeded ............... (80 percent of applicable median income) for 20__; and

(3)�����You must be current in your rental payment and otherwise be in good standing under your existing lease.

If you meet all of these qualifications and you desire an extended lease, then you must complete the enclosed form and execute the enclosed lease and return the completed form and executed lease to the office listed below within 60 days after the date of this notice, or in other words, by ............ (date). If your completed form and executed lease are not received within that time, you will not be entitled to an extended lease.

If the number of qualified households requesting extended leases exceeds the 20 percent limitation, the extended leases shall be allocated as determined by the local governing body. If the local governing body fails to provide for allocation, units shall be allocated by the developer based on seniority by continuous length of residence.

Due to the 20 percent limitation your application for an extended lease must be processed before your lease becomes effective. Your lease will become effective if it is determined that your household is qualified and falls within the 20 percent limitation.

If you return the enclosed form and lease by ..........(date), you will be notified within 75 days after the date of this notice, or in other words, by ..............(date), whether you are qualified and whether your household falls within the 20 percent limitation.

You may apply for an extended lease and, at the same time, choose to purchase a cooperative interest. If you apply for and receive an extended lease, your contract will be void. If you do not receive an extended lease, your contract will be effective and you will be obligated to purchase a cooperative interest.

If you qualify for an extended lease, but due to the 20 percent limitation, your lease is not effective, the developer must pay you an amount equal to 3 months’ rent within 15 days after you move. You are also entitled to up to $750 reimbursement for your moving expenses, as described in Section 1.

If you qualify for an extended lease, but do not want one, you are also entitled to both the moving expense reimbursement previously described and the payment equal to 3 months’ rent. In order to receive the 3 months’ rent payment, you must complete and return the enclosed form within 60 days after the date of this notice or by ............ (date), but you should not execute the enclosed lease.

All applications, forms, executed leases, and moving expense requests should be addressed or delivered to:

�

.......................................................................

�

.......................................................................

�

.......................................................................

�

(g) The failure of a landlord or owner to give notice as required by this section is a defense to an action for possession.

(h) This section does not apply to a tenant whose lease term expires during the 180–day period and who has given written notice of intent not to renew the lease before the notice required by subsection (a) of this section is given.

(i) A tenant may not waive the rights under this section except as otherwise provided under this subtitle.

(j) At the expiration of the 180–day period a tenant shall become a tenant from month–to–month subject to the same rent, terms, and conditions as those existing at the giving of the notice required by subsection (a) of this section, if the tenant’s initial lease has expired and the tenant has not:

(1) Entered into a new lease;

(2) Vacated under subsection (e) of this section; or

(3) Been notified in accordance with applicable law prior to the expiration of the 180–day period that the tenant must vacate at the end of that period.
Md. Code, Agriculture § 5-210 — MD Code / Article gag / Title 5 / Subtitle 2 / Section 5-210
§5–210.
Status: in_force

A person may not use, apply, or recommend use of a pesticide other than as specified by the label. The label includes material attached to the container, a brochure, information furnished with the pesticide, or any information contained in the approved State registration of the pesticide. A person may not use, apply, or recommend use of a pesticide in a manner other than as specified by this subtitle or rules and regulations adopted under it.
Md. Code, Financial Institutions § 5-308 — MD Code / Article gfi / Title 5 / Subtitle 3 / Section 5-308
§5–308.
Status: in_force

A banking institution may not impose a service charge on any deposit if withdrawals are restricted by law or by any rule or regulation of the Commissioner.
Md. Code, Courts and Judicial Proceedings § 5-523 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-523
§5–523.
Status: in_force

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

(2) “Comptroller” means the Comptroller of the State.

(3) “Executive Director” means the Executive Director of the Alcohol and Tobacco Commission.

(b) If, in good faith and with reasonable grounds, the Comptroller, the Executive Director, or a peace officer of the State seizes contraband property or a conveyance used to transport contraband property under § 13–835 of the Tax – General Article, the Comptroller, Executive Director, or peace officer is not civilly or criminally liable for the seizure.
Md. Code, Environment § 5-608 — MD Code / Article gen / Title 5 / Subtitle 6 / Section 5-608
§5–608.
Status: in_force

(a) Any person who violates any provision of this subtitle may be enjoined by a court of competent jurisdiction upon application of the Department acting through the Attorney General.

(b) Any person who violates any provision of this subtitle or any permit or order issued under this subtitle is liable to a penalty not exceeding $10,000, as well as being subject to being enjoined as provided in subsection (a) of this section. The monetary penalty provided may be recovered in a civil action by the Department through the Attorney General.
Md. Code, State Finance and Procurement § 5A-312 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-312
§5A–312.
Status: in_force

There is a Board of Trustees of the Trust.
Md. Code, Tax - General § 5-102 — MD Code / Article gtg / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

(a) Except as provided in § 5-104 of this subtitle, a tax is imposed on any alcoholic beverage in the State.

(b) A tax is imposed on each person who sells or consigns an alcoholic beverage in the State from a jurisdiction outside the State, if the Comptroller finds that, in connection with the solicitation, sale, and distribution of alcoholic beverages, the jurisdiction:

(1) requires a tax, assessment, or charge that is greater for alcoholic beverages consigned from a Maryland licensee or permit holder than the amount required for alcoholic beverages consigned from a licensee or permit holder in another jurisdiction; and

(2) discriminates in fact against the licensee or permit holder of the State.

(c) (1) A county, municipal corporation, special taxing district, or other political subdivision of the State may not impose a tax on any alcoholic beverage.

(2) The Comptroller may not impose the tax under subsection (b) of this section on a person who has distillery plants in this and another state.
Md. Code, Criminal Law § 5-403 — MD Code / Article gcr / Title 5 / Subtitle 4 / Section 5-403
§5–403.
Status: in_force

(a) Schedule II consists of each controlled dangerous substance:

(1) added to Schedule II by the Department under § 5–202(b) of this title; or

(2) designated as a Schedule II controlled dangerous substance by the federal government unless the Department objects under § 5–202(f) of this title.

(b) The Department may not add a substance to Schedule II under § 5–202 of this title unless the Department finds:

(1) a high potential for abuse of the substance;

(2) currently accepted medical use of the substance in the United States, or currently accepted medical use with severe restrictions; and

(3) evidence that abuse of the substance may lead to severe psychological or physical dependence.
Md. Code, Education § 5-205 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-205
§5–205.
Status: in_force

(a) Except as provided in subsections (e) and (f) of this section, 10 days before the end of July, September, November, January, March, and May, the State Superintendent shall certify to the State Comptroller the amount due at the end of each of these months to each county board for the annual State share of major education aid.

(b) Amounts due shall be made in equal payments once every 2 months.

(c) Within 5 days before the end of each of these months, the State Comptroller shall draw the Comptroller’s warrant on the State Treasurer for the amount due to the treasurer of each county board.

(d) On receipt of the warrant of the State Comptroller, the State Treasurer immediately shall pay the amount due to the treasurer of each county board.

(e) After notification from the State Superintendent that a county board is not complying with the provisions of the State program of public education, the State Comptroller shall withhold any installment due the county board from the General State School Fund.

(f) After notification is received under § 5–405 of this title, the State Superintendent shall certify to the Comptroller the amount to be released or withheld.
Md. Code, Family Law § 5-611 — MD Code / Article gfl / Title 5 / Subtitle 6 / Section 5-611
§5–611.
Status: in_force

The provisions of this compact shall be liberally construed to effectuate the purposes thereof. The provisions of this compact shall be severable and if any phrase, clause, sentence or provision of this compact is declared to be contrary to the constitution of any party state or of the United States or the applicability thereof to any government, agency, person or circumstance is held invalid, the validity of the remainder of this compact and the applicability thereof to any government, agency, person or circumstance shall not be affected thereby. If this compact shall be held contrary to the constitution of any state party thereto, the compact shall remain in full force and effect as to the remaining states and in full force and effect as to the state affected as to all severable matters.
Md. Code, Economic Development § 5-105 — MD Code / Article gec / Title 5 / Subtitle 1 / Section 5-105
§5–105.
Status: in_force

When deciding whether to provide financial assistance for a business project, the Department shall consider whether the project will be located:

(1) in an enterprise zone or a focus area as designated under Subtitle 7 of this title; or

(2) in a BRAC Revitalization and Incentive Zone as designated under Subtitle 13 of this title.
Md. Code, Land Use § 5-202 — MD Code / Article glu / Title 5 / Subtitle 2 / Section 5-202
§5–202.
Status: in_force

(a) This section applies only where a legislative body has:

(1) adopted the transportation element of the comprehensive plan of all or part of the territory within its subdivision jurisdiction; and

(2) filed a certified copy of the plan with the clerk of the circuit court of the county in which all or part of the territory is located.

(b) A plat of a subdivision within the territory or part may not be filed or recorded until:

(1) the planning commission approves the plat; and

(2) the chair or secretary of the planning commission indicates an approval in writing on the plat.
Md. Code, Financial Institutions § 5-1008 — MD Code / Article gfi / Title 5 / Subtitle 10 / Section 5-1008
§5–1008.
Status: in_force

(a) A banking institution that establishes a branch in another state may exercise at that branch all powers and rights permitted to banks in that state unless the Commissioner determines that the exercise of a power or right would threaten the safety and soundness of the banking institution.

(b) An other-state bank that establishes a branch in this State may exercise at the branch all powers and rights permitted to banking institutions in this State notwithstanding any other law of this State to the contrary, unless that bank’s home state regulator determines that the exercise of a power or right would threaten the safety and soundness of the other-state bank.

(c) Any person authorized by a law of this State to engage in business with banks located in this State, including the making of deposits, is authorized to engage in the same business with an other-state bank at that other-state bank’s branch in this State.
Md. Code, Corporations and Associations § 5-516 — MD Code / Article gca / Title 5 / Subtitle 5 / Section 5-516
§5–516.
Status: in_force

(a) A cooperative may provide a fair remuneration for the time its officers and directors spend in its service.

(b) During his term of office, a director may not be a party to a contract for profit with the cooperative if the contract differs in any way from the business relations with the cooperative accorded its other members.
Md. Code, Business Regulation § 5-1001 — MD Code / Article gbr / Title 5 / Subtitle 10 / Section 5-1001
§5–1001.
Status: in_force

This title may be cited as the “Maryland Cemetery Act”.
Md. Code, Corporations and Associations § 5-642 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-642
§5–642.
Status: in_force

(a) On or before December 1 each year, a member–regulated cooperative shall report to the Senate Finance Committee and the House Economic Matters Committee, in accordance with § 2–1257 of the State Government Article, on the status of the deployment of broadband Internet service to the member–regulated cooperative’s members.

(b) (1) Except as provided under paragraph (2) of this subsection, a member–regulated cooperative may not prohibit a telecommunications or cable service provider from accessing a pole, duct, conduit, right–of–way, or similar facility owned or controlled, in whole or in part, by the member–regulated cooperative.

(2) A member–regulated cooperative may deny access to a facility specified under paragraph (1) of this subsection:

(i) On a nondiscriminatory basis; and

(ii) If the member–regulated cooperative determines that:

1. The facility does not have sufficient capacity to allow access; or

2. Allowing access would create safety, reliability, or engineering concerns.

(c) (1) Subject to paragraph (2) of this subsection, a member–regulated cooperative shall charge a reasonable rate for access to a facility specified under subsection (b)(1) of this section.

(2) A member–regulated cooperative may not charge a rate for access to a facility specified under subsection (b)(1) of this section that is more than the rates charged for access by a local exchange carrier, electric company, water company, or other utility operating in the member–regulated cooperative’s service area.
Md. Code, Education § 5-224 — MD Code / Article ged / Title 5 / Subtitle 2 / Section 5-224
§5–224.
Status: in_force

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

(2) “English learner enrollment” means the number of students with limited English proficiency in the prior fiscal year.

(3) (i) For fiscal years 2022 through 2025, “English learner per pupil amount” means the following proportions of the target per pupil foundation amount:

1. For fiscal year 2022, 100%;

2. For fiscal year 2023, 100%;

3. For fiscal year 2024, 100%; and

4. For fiscal year 2025, 102%.

(ii) Beginning in fiscal year 2026, “English learner per pupil amount” means:

1. For fiscal year 2026, $9,041;

2. For fiscal year 2027, $9,148;

3. For fiscal year 2028, $9,327;

4. For fiscal year 2029, $9,613;

5. For fiscal year 2030, $9,794;

6. For fiscal year 2031, $10,069;

7. For fiscal year 2032, $10,232;

8. For fiscal year 2033, $10,510; and

9. For subsequent fiscal years, the English learner per pupil amount for the prior fiscal year increased by the inflation adjustment rounded to the nearest whole dollar.

(4) “Limited English proficiency” means non–English or limited English proficiency under the reporting requirements established by the Department for the Maryland Comprehensive Assessment Program (MCAP).

(b) (1) Each fiscal year, the State shall distribute the State share for English learner education to each county board.

(2) Each fiscal year, the county board shall distribute to each school the minimum school funding amount for English learners calculated under § 5–234 of this subtitle.
Md. Code, Health Occupations § 5-303 — MD Code / Article gho / Title 5 / Subtitle 3 / Section 5-303
§5–303.
Status: in_force

(a) An applicant for a license shall:

(1) Submit an application to the Board on the form that the Board requires;

(2) Pay the application fee set by the Board; and

(3) Provide proof of passing an examination approved by the Board.

(b) In addition to any other requirements of this section, an applicant who is or has been licensed to practice dietetics in another state or country shall submit proof of good standing in that state or country or proof of eligibility for a license in good standing in that state or country.
Md. Code, Courts and Judicial Proceedings § 5-107 — MD Code / Article gcj / Title 5 / Subtitle 1 / Section 5-107
§5–107.
Status: in_force

Except as provided in § 5–106 of this subtitle, § 1–303 of the Environment Article, and § 8–1815 of the Natural Resources Article, a prosecution or suit for a fine, penalty, or forfeiture shall be instituted within one year after the offense was committed.
Md. Code, Environment § 5-1001 — MD Code / Article gen / Title 5 / Subtitle 10 / Section 5-1001
§5–1001.
Status: in_force

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

(2) “Recycle” means to prepare used oil for reuse as a petroleum product or petroleum product substitute by refining, re–refining, reclaiming, reprocessing, or other means or to use used oil in a manner that substitutes for a petroleum product or petroleum product substitute made from new oil, provided that the preparation or use is operationally safe, environmentally sound, and complies with all laws and regulations.

(3) “Used oil” means a petroleum–based or synthetic oil as an engine lubricant, engine oil, motor oil, or lubricating oil for use in an internal combustion engine, or a lubricant for motor vehicle transmissions, gears, or axles which through use, storage, or handling has become unsuitable for its original purpose due to the presence of impurities or loss of original properties.

(b) This section shall be known and may be cited as the Maryland Used Oil Recycling Act.

(c) The legislature finds that a substantial number of gallons of used oil is generated each year in the State. Used oil is a valuable petroleum resource which can be recycled. In spite of the potential for recycling, significant quantities of used oil are wastefully disposed of or improperly used by means which pollute the water, land, and air and endanger public health and welfare. Used oil should be collected and recycled to the maximum extent possible, by means which are economically feasible and environmentally sound, in order to conserve irreplaceable petroleum resources, preserve and enhance the quality of natural and human environments, and protect public health and welfare.

(d) The Department shall conduct a public education program to inform the public of the needs for and the benefits of collecting and recycling used oil in order to conserve resources and preserve the environment. As part of this program, the Department shall:

(1) Require persons regularly engaged in the business of selling lubricating or other oil in containers for use off the premises to post and maintain at or near the point of display or sale durable and legible signs, which the Department shall pay for and provide to the person, informing the public of:

(i) The importance of proper collection and disposal of used oil; and

(ii) The locations and hours of operation of government operated used oil collection facilities in the surrounding area;

(2) Advertise and inform the public of the law that prohibits a person from discharging, dumping, or depositing used oil into sewers, drainage systems, surface or ground waters, and any other waters of the State or by incineration or as refuse or onto any public or private land that is not a designated collection facility, as provided under subsection (f) of this section;

(3) Establish, maintain, and publicize a used oil information center that will explain local, State, and federal laws and regulations governing used oil and will inform holders of quantities of used oil on how and where and in what manner used oil may be properly disposed of;

(4) Encourage the establishment of used oil collection and recycling programs and provide technical assistance to persons organizing these programs; and

(5) Encourage the use of labeling for oil containers to inform the user of the importance of proper collection and disposal of used oil.

(e) The Department may designate Maryland State inspection facilities and may designate any other facilities the Department deems appropriate which are safe and conveniently located and which agree to serve as collection facilities for the deposit of used oil. There is no cost to a person making the deposit. Each designated facility shall post and maintain a durable and legible sign readily visible in an appropriate place which indicates the facility is designated as a used oil disposal location. The designated facility shall install and maintain on the premises used oil collection containers, properly sheltered and protected to prevent spillage, seepage, or discharge of the used oil into the water of the State, and of sufficient size to handle returns of used oil and used oil containers. Each designated facility regularly shall remove and dispose or have removed and disposed by used oil collectors the accumulated oil in a manner as required by law.

(f) (1) Except as provided under Title 7, Subtitle 2 of this article or any other provisions of law, after January 1, 1979 a person may not dispose of or cause to be disposed of any used oil by discharge, dump, or deposit into sewers, drainage systems, surface or ground waters, any waters in this State, or by incineration or as refuse, or onto any public or private land unless the land is designated by the State or by any of its agencies or political subdivisions as a collection facility for the disposal, dumping, or deposit and the used oil is placed in a receptacle or container installed or located on the property.

(2) Before the deposit of any used oil for recycling, a person may not knowingly or willfully contaminate the oil by adding any liquid substance or solid material to the contents of the oil that makes the oil unacceptable for recycling.

(3) The provisions of this subsection do not include:

(i) The application of used oil to roads for maintenance purposes as authorized by law;

(ii) The use of used oil as a fuel; or

(iii) The use of used or recycled oil for maintenance or lubrication of agricultural equipment.

(g) Subject to § 2–1257 of the State Government Article, the Department shall prepare and submit an annual report to the General Assembly that:

(1) Summarizes information on used oil collection and recycling;

(2) Analyzes the effectiveness of this subtitle’s provisions and their implementation; and

(3) Makes recommendations for any necessary changes in the provisions or their administration.

(h) (1) A person may represent any product made in whole or in part from used oil to be substantially equivalent to a product made from new oil for a particular end use if the product conforms fully with the specifications applicable to that product made from new oil or if substantial equivalency has been determined in accordance with rules prescribed by the Federal Trade Commission under § 383(d)(1)(A) of the federal Energy Policy and Conservation Act. Otherwise, the product must be represented as made from previously used oil.

(2) All officials of the State and any of its agencies or of any political subdivisions and persons holding contracts with the State or any of its political subdivisions shall encourage and to the extent possible require the procurement and purchase of recycled oil products represented as substantially equivalent to products made from new oil in accordance with this section whenever the products are available at prices competitive with those of new oil produced for the same purpose.

(i) (1) Any person who violates any provision of this section or any regulation issued pursuant to this section, in addition to any other penalties specifically provided by law, shall be subject to a civil penalty not exceeding $250 for each violation.

(2) Any person who commits a second or subsequent violation of any provision of this section or any regulation issued pursuant to this section, in addition to any other penalties specifically provided by law, is guilty of a misdemeanor and upon conviction in a court of competent jurisdiction, is subject to a fine not exceeding $1,000 or imprisonment not exceeding 2 months, or both, with cost imposed in the discretion of the court.
Md. Code, Financial Institutions § 5-706 — MD Code / Article gfi / Title 5 / Subtitle 7 / Section 5-706
§5–706.
Status: in_force

(a) Saturday is an optional bank holiday.

(b) A banking institution that opens for business on Saturday may close at noon.
Md. Code, Economic Development § 5-2606 — MD Code / Article gec / Title 5 / Subtitle 26 / Section 5-2606
§5–2606.
Status: in_force

(a) The Commission shall develop and annually update a strategic plan for the promotion of space, aeronautics, and aviation economic development in the State.

(b) The strategic plan described under subsection (a) of this section shall include a list of potential projects that further the purposes of the Commission and, for each project, describe:

(1) the estimated total cost for completion; and

(2) an assessment of the availability of external funding sources.

(c) The strategic plan described under subsection (a) of this section may include any other information that the Commission determines to be relevant to furthering the purposes of the Commission.
Md. Code, Family Law § 5-313 — MD Code / Article gfl / Title 5 / Subtitle 3 / Section 5-313
§5–313.
Status: in_force

(a) Except as provided in § 5-331 of this subtitle, a petition for guardianship shall precede a petition for adoption under this subtitle.

(b) Only the individual who would be subject to guardianship or a local department may file a petition for guardianship under this Part II of this subtitle.

(c) A petition for guardianship of an individual shall be filed before the individual attains 18 years of age.

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

(1) all written consents for the guardianship that the petitioner has;

(2) if applicable:

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

(ii) certification that the guardianship or relinquishment was granted in compliance with the jurisdiction’s laws; and

(3) a notice of filing that:

(i) states the date on which the petition was filed;

(ii) identifies each person whose consent was filed with the petition;

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

(iv) has printed on it the website that the Department maintains under § 2–302 of the Human Services Article; and

(v) includes no identifying information that would be in violation of an agreement or consent.
Md. Code, Human Services § 5-5A-06 — MD Code / Article ghu / Title 5 / Subtitle 5A / Section 5-5A-06
§5–5A–06.
Status: in_force

(a) (1) The Office shall maintain liaison with:

(i) the United States Department of Health and Human Services;

(ii) local government units concerned with energy programs;

(iii) citizens’ groups;

(iv) utility vendors and major fuel vendors in the State; and

(v) any other state, federal, and local units.

(2) The Office shall:

(i) consult with and advise the local entities described in paragraph (1) of this subsection regarding their energy assistance programs;

(ii) work at all levels of government to carry out this subtitle; and

(iii) consult with all utility vendors and major fuel vendors in the State when developing and implementing the Program.

(b) The Office shall:

(1) collect and assemble information relating to energy assistance available from other units of the State and federal governments;

(2) disseminate information to further energy assistance;

(3) identify all utility vendors and major fuel vendors in the State and attempt to obtain their voluntary cooperation with the Program;

(4) establish and maintain a State information service that utilizes a toll–free telephone number to provide the public with information about the Program and the location of the nearest local energy assistance office; and

(5) establish a mechanism for monitoring the effectiveness of the Program to determine whether eligible households are aware of and have access to a local energy assistance office.

(c) (1) Consistent with this subtitle and other applicable laws, the Office may enter into contracts or assume any other function necessary to carry out this subtitle.

(2) The Office may enter into contracts for any study or research activity that is necessary and proper.
Md. Code, Transportation § 5-202.1 — MD Code / Article gtr / Title 5 / Subtitle 2 / Section 5-202.1
§5–202.
Status: in_force

§5–202.1.

(a) The head of the Administration is the Executive Director.

(b) (1) The Executive Director shall report directly to the Commission.

(2) Subject to the direction of the Commission and in accordance with other provisions of law, the Executive Director is responsible for:

(i) Carrying out the powers and duties vested by law in the Administration; and

(ii) Adopting and carrying out regulations.

(c) The Executive Director is entitled to the salary provided in the State budget.
Md. Code, Education § 5-410 — MD Code / Article ged / Title 5 / Subtitle 4 / Section 5-410
§5–410.
Status: in_force

(a) In addition to its own assessments and tracking of progress, required under § 5–406 of this subtitle, the Board shall contract with a public or private entity to conduct an independent evaluation of the State’s progress in implementing the Blueprint for Maryland’s Future and achieving the expected outcomes during the implementation period.

(b) The independent evaluation shall include an assessment of:

(1) The use of additional funding to meet the goals of the Blueprint for Maryland’s Future;

(2) Progress toward the goals of the Blueprint for Maryland’s Future and whether the goals have been achieved; and

(3) Any recommendations to alter the goals or strategies employed to reach the goals, including new uses for existing funds or additional funding.

(c) (1) An entity with which the Board contracts for an independent evaluation shall report its results to the Board on or before:

(i) December 1, 2026; and

(ii) October 1, 2030.

(2) The Board shall contract for each independent evaluation as soon as practicable.

(d) (1) (i) On or before January 15, 2027, the Board shall, using the first independent evaluation and its own judgment, report to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly on whether the Blueprint for Maryland’s Future is being implemented as intended and achieving the expected outcomes.

(ii) The Board’s report shall include an assessment of the State’s progress towards:

1. Increasing the number of teachers achieving National Board Certification;

2. Providing full–day prekindergarten programs for 3– and 4–year–olds in accordance with Title 7, Subtitle 1A of this article;

3. Improving behavioral health services in accordance with § 7–447 of this article; and

4. Ensuring that students enrolled in public schools meet college and career standards in accordance with § 7–205.1 of this article.

(iii) The Board’s report shall include any legislative or structural corrections necessary to fully implement the Blueprint.

(2) On or before December 1, 2030, the Board shall report on the results of the final independent evaluation to the Governor and, in accordance with § 2–1257 of the State Government Article, the General Assembly.

(3) The Board’s reports under this subsection shall include:

(i) Practices being used to close achievement gaps between students of different groups listed in § 5–408(a)(2)(i) of this subtitle;

(ii) Progress made in closing the achievement gaps listed under item (i) of this paragraph; and

(iii) Assessments of student outcomes listed under § 5–408(a)(2)(ii) of this subtitle, disaggregated by race, income, ethnicity, and gender.

(e) (1) The Board shall determine:

(i) Whether the Blueprint for Maryland’s Future is working as intended;

(ii) What steps are necessary to continue providing a globally competitive education to the children of the State;

(iii) If any changes to the structure, functioning, and authority of State and local agencies responsible for education are necessary; and

(iv) Whether the Board should continue to monitor implementation of the Blueprint for Maryland’s Future after June 30, 2032.

(2) In making its determination, the Board shall examine the manner in which State and local government entities responsible for implementing the Blueprint for Maryland’s Future have contributed to educating, training, providing learning opportunities for, and developing the careers of students and young people in the State.

(3) The Board shall identify ways to foster partnerships between local school systems, public schools, and institutions of higher education, and develop collaborative relationships among the entities examined under paragraph (2) of this subsection to create a world–class 21st–century education system in the State.

(4) The Board shall report its findings under this subsection in the report required under subsection (d)(2) of this section.
Md. Code, Family Law § 5-704.1 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-704.1
§5–704.
Status: in_force

§5–704.1.

(a) An individual may notify the local department or the appropriate law enforcement agency if the individual has reason to believe that a parent, guardian, or caregiver of a child allows the child to reside with or be in the regular presence of an individual, other than the child’s parent or guardian, who:

(1) is registered under Title 11, Subtitle 7 of the Criminal Procedure Article based on the commission of an offense against a child; and

(2) based on additional information, poses a substantial risk of sexual abuse to the child.

(b) (1) A report under subsection (a) of this section may be oral or in writing.

(2) If acting as a staff member of a hospital, public health agency, child care institution, juvenile detention center, school, or similar institution, an individual who notifies the appropriate authorities under subsection (a) of this section immediately shall notify and give all of the information required by this section to the head of the institution or the designee of the head of the institution.

(c) To the extent reasonably possible, an individual who makes a report under this section shall include in the report the following information:

(1) the name, age, and home address of the child;

(2) the name and home address of the child’s parent or other person who is responsible for the child’s care;

(3) the whereabouts of the child;

(4) the nature and extent of the substantial risk of sexual abuse of the child, including any evidence or information available to the reporter concerning possible previous instances of sexual abuse; and

(5) any other information that would help to determine:

(i) the cause of the substantial risk of sexual abuse; and

(ii) the identity of any individual responsible for the substantial risk of sexual abuse.
Md. Code, Public Utilities § 5-105 — MD Code / Article gpu / Title 5 / Subtitle 1 / Section 5-105
§5–105.
Status: in_force

The Commission shall require each gas company, electric company, and telephone company to exempt the dwelling units of subscribing individuals who are at least 60 years old from any cash deposit requirement, if the subscriber does not owe any past-due bill to that public service company.
Md. Code, Environment § 5-808 — MD Code / Article gen / Title 5 / Subtitle 8 / Section 5-808
§5–808.
Status: in_force

Engineering, technical, and administrative services required to implement the provisions of this subtitle shall be funded as provided in the State budget.
Md. Code, Estates and Trusts § 5-104 — MD Code / Article get / Title 5 / Subtitle 1 / Section 5-104
§5–104.
Status: in_force

In granting letters in administrative or judicial probate, or in appointing a successor personal representative, or a special administrator as provided in Title 6, Subtitle 4 of this article, the court and register shall observe the following order of priority, with any person in any one of the following paragraphs considered as a class:

(1) The personal representatives named in a will admitted to probate;

(2) The personal representatives nominated in accordance with a power conferred in a will admitted to probate;

(3) The surviving spouse, registered domestic partner, and children of an intestate decedent, or the surviving spouse of a testate decedent;

(4) The residuary legatees;

(5) The children of a testate decedent who are entitled to share in the estate;

(6) The grandchildren of the decedent who are entitled to share in the estate;

(7) Subject to §§ 3–111 and 3–112 of this article, the parents of the decedent who are entitled to share in the estate;

(8) The brothers and sisters of the decedent who are entitled to share in the estate;

(9) Other relations of the decedent who apply for administration;

(10) The largest creditor of the decedent who applies for administration;

(11) Any other person having a pecuniary interest in the proper administration of the estate of the decedent who applies for administration; or

(12) Any other person.
Md. Code, Estates and Trusts § 5-702 — MD Code / Article get / Title 5 / Subtitle 7 / Section 5-702
§5–702.
Status: in_force

An election for modified administration may be filed by a personal representative of an estate within 3 months from the date of appointment, if:

(1) All residuary legatees of a testate decedent and the heirs at law of an intestate decedent are limited to:

(i) The decedent’s personal representative;

(ii) Individuals or entities exempt from inheritance tax in the decedent’s estate under § 7–203(b), (e), and (f) of the Tax – General Article; and

(iii) Trusts under which each person who has a current interest in the trust is an individual or entity exempt from inheritance tax in the decedent’s estate under § 7–203(b), (e), and (f) of the Tax – General Article;

(2) The estate is solvent and sufficient assets exist to satisfy all testamentary gifts;

(3) A verified final report under modified administration is filed within 10 months from the date of appointment;

(4) Final distribution of the estate can occur within 12 months from the date of appointment; and

(5) All residuary legatees of a testate decedent and the heirs at law of an intestate decedent consent to a modified administration as required under § 5–706 of this subtitle.
Md. Code, Business Occupations and Professions § 5-603 — MD Code / Article gbo / Title 5 / Subtitle 6 / Section 5-603
§5–603.
Status: in_force

A person may not serve as an apprentice unless registered by the Board as an apprentice.
Md. Code, Family Law § 5-705.1 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-705.1
§5–705.
Status: in_force

§5–705.1.

(a) In this section, “local department” means a department of social services for a county in this State.

(b) The following provisions of this subtitle shall apply to the reporting of suspected abuse or neglect under this section:

(1) except as provided in subsection (a) of this section, the definitions set forth in § 5-701 of this subtitle;

(2) the provisions relating to the confidentiality of reports specified in § 5-707(a)(1) and (2) of this subtitle; and

(3) the provisions relating to immunity from civil liability or criminal penalty specified in § 5-708 of this subtitle.

(c) (1) If suspected abuse or neglect is alleged to have occurred outside of this State and the victim is currently a child who lives outside of this State, a person who would be required to report suspected abuse or neglect under the provisions of § 5-704 or § 5-705 of this subtitle shall report the suspected abuse or neglect to any local department in accordance with paragraph (2) of this subsection.

(2) A person described in § 5-704 of this subtitle shall make:

(i) an oral report, by telephone or direct communication, as soon as possible; and

(ii) a written report not later than 48 hours after the contact, examination, attention, or treatment that caused the person to believe that the child had been subjected to abuse or neglect.

(3) A person described in § 5-705 of this subtitle shall make an oral or a written report.

(4) To the extent possible, a report under this subsection shall include the information specified in § 5-704(c) of this subtitle.

(d) Promptly after receiving a report of suspected abuse or neglect under this section, the local department shall forward the report to the appropriate agency outside of this State that is authorized to receive and investigate reports of suspected abuse or neglect.
Md. Code, Family Law § 5-3B-19 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-19
§5–3B–19.
Status: in_force

(a) In ruling on a petition for a prospective adoptee’s adoption under this subtitle, a court shall consider:

(1) all factors necessary to determine the prospective adoptee’s best interests; and

(2) any report prepared for the court.

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

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

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

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

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

(2) In ruling on an adoption petition under this subtitle, a court may not deny the petition solely because the petitioner:

(i) is single or unmarried; or

(ii) has a disability.
Md. Code, Environment § 5-902 — MD Code / Article gen / Title 5 / Subtitle 9 / Section 5-902
§5–902.
Status: in_force

(a) The General Assembly finds that nontidal wetlands play important roles in the preservation and protection of the Chesapeake Bay and other waters of the State. Nontidal wetlands serve important roles through the reduction of pollutant loadings, including excess nutrients, sediment, and toxics, the attenuation of floodwaters and stormwaters, shoreline stabilization and erosion control, waterfowl breeding and habitat for many species of fish, game and nongame birds, and mammals, including rare and endangered species, food chain support, and timber production. Many nontidal wetlands have already been lost or degraded due to the combined effects of population growth and land use. Further degradation and losses of nontidal wetlands will contribute to the decline of the Chesapeake Bay and other waters of the State.

(b) It is the intent of the General Assembly to protect the waters of the State through a comprehensive, statewide nontidal wetland program in cooperation with federal agencies, other states, and local government. The goal of the program shall be to attain no net overall loss in nontidal wetland acreage and function and to strive for a net resource gain in nontidal wetlands over present conditions.

(c) It is the intent of the General Assembly that:

(1) Waters of the State be protected;

(2) Further degradation and losses of nontidal wetlands due to human activity be prevented wherever possible; and

(3) Where unavoidable losses or degradations occur as a result of permitted human activity, these losses or degradations be offset wherever practicable and feasible through the deliberate restoration or creation of nontidal wetlands.
Md. Code, Business Regulation § 5-603 — MD Code / Article gbr / Title 5 / Subtitle 6 / Section 5-603
§5–603.
Status: in_force

(a) In this section, “developed land area” means land in a cemetery:

(1) that is available for burial;

(2) where roads, paths, or buildings have been laid out or built; or

(3) where burial lots have been outlined on a plat or in a record or sales brochure.

(b) (1) Each sole proprietor registered cemeterian, permit holder, or any other person subject to the registration or permit provisions of this title who sells or offers to sell to the public a burial lot or burial right in a cemetery as to which perpetual care is stated or implied shall have a perpetual care trust fund.

(2) A separate perpetual care trust fund shall be established for each cemetery to which this section applies.

(3) On the general price list, contract of sale of burial space, and any conveyance documents, all cemeteries subject to the provisions of this subtitle shall state in writing the following using 12 point or larger type font:

(i) “The cemetery is a perpetual care cemetery.”; or

(ii) “The cemetery is not a perpetual care cemetery.”

(4) A cemetery created in the State after October 1, 2001, that is not exempt under § 5–602 of this subtitle shall be required to establish a perpetual care trust fund.

(c) Each sole proprietor registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle initially shall deposit in the perpetual care trust fund at least:

(1) $10,000, if the developed land area of the cemetery is 10 acres or less and the cemetery is a nonprofit cemetery which does not sell burial goods;

(2) $25,000, if the developed land area of the cemetery is more than 10 acres and the cemetery is a nonprofit cemetery which does not sell burial goods;

(3) $25,000, if the developed land area of the cemetery is 10 acres or less and the cemetery is a for–profit cemetery or a nonprofit cemetery which sells burial goods; or

(4) $50,000, if the developed land area of the cemetery is more than 10 acres and the cemetery is a for–profit cemetery or a nonprofit cemetery which sells burial goods.

(d) (1) The deposits required by this subsection are in addition to the deposits required by subsection (c) of this section.

(2) Except as provided in paragraph (4) of this subsection, within 30 days after the end of the month when the buyer of a right of interment in a burial lot, above–ground crypt, or niche makes a final payment, the registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle shall pay in cash to the trustee for deposit in the perpetual care trust fund:

(i) at least 10% of the actual selling price of each right of interment in a burial lot, above–ground crypt, or niche; or

(ii) if the burial space is sold at a discount or at no cost, at least 10% of the imputed cost of the fair retail value.

(3) The amount of deposit to the perpetual care trust fund shall be deducted from the proceeds of the listed selling price of the right of interment in a burial lot, above–ground crypt, or niche, and may not be charged as an add–on to the purchaser.

(4) This subsection does not apply to the sale of a second right of interment or the resale of a right of interment in a burial lot, above–ground crypt, or niche for which the cemetery already has paid into the perpetual care trust fund the deposit required by this subsection.

(e) A distribution from the perpetual care trust fund made under subsection (g) of this section:

(1) shall be used only for the perpetual care of the cemetery, including:

(i) the maintenance, including the cutting of grass abutting memorials or monuments, administration, supervision, and embellishment of the cemetery and its grounds, roads, and paths; and

(ii) the repair and renewal of buildings, including columbaria and mausoleums, and the property of the cemetery;

(2) may not be used to care for memorials or monuments; and

(3) may not be used by the owner of a cemetery for any purpose not described in item (1) of this subsection.

(f) Realized capital gains of a perpetual care trust fund shall be deposited in the perpetual care trust fund as principal of the perpetual care trust fund.

(g) (1) In this subsection, “net income” includes interest and dividends.

(2) A cemetery that is subject to this section may select as the method of distribution from the perpetual care trust fund either:

(i) all net income to be distributed on a monthly, quarterly, semiannual, or annual basis; or

(ii) an amount not exceeding 4% of the average of the end–of–year fair market value of the perpetual care trust fund for the preceding 3 calendar years, to be distributed on a monthly, quarterly, semiannual, or annual basis.

(3) (i) Subject to subparagraph (ii) of this paragraph, if a cemetery that is subject to this section selects a method of distribution described in paragraph (2) of this subsection:

1. the trustee shall submit to the Director a statement attesting that the cemetery’s selection of the method of distribution described in paragraph (2) of this subsection is reasonably expected to result in sufficient protection of the perpetual care trust fund’s principal;

2. the cemetery shall notify the Director in writing at least 60 days before the date the method of distribution will take effect;

3. the notification under item 1 of this subparagraph shall include a copy of the investment policy statement for the trust and the planned initial distribution amount;

4. the cemetery shall notify the trustee in writing at least 60 days before the date the method of distribution will take effect; and

5. the method of distribution shall remain in effect until the cemetery notifies the trustee and the Director in writing that the cemetery has selected a different method of distribution.

(ii) 1. A cemetery’s selection of a method of distribution under subparagraph (i) of this paragraph is contingent on approval of the Director made in accordance with subsubparagraph 2 of this subparagraph.

2. Within 30 days after receiving notice under subparagraph (i)1 of this paragraph, the Director shall, in a written notice provided to the cemetery, approve or disapprove the proposed distribution method.

3. If a cemetery that is subject to this section does not select a method of distribution described in paragraph (2) of this subsection, the trustee shall distribute to the cemetery, on a monthly basis, all net income of the perpetual care trust fund.

(4) If a cemetery that is subject to this section selects the method of distribution described in paragraph (2)(ii) of this subsection, the trustee:

(i) shall submit annually to the Director a statement attesting that the cemetery’s selection of the method of distribution described in paragraph (2)(ii) of this subsection is reasonably expected to result in sufficient protection of the perpetual care trust fund’s principal;

(ii) may not reduce the amount of the distribution by any taxes or fees;

(iii) shall adopt an investment policy that:

1. provides for a balanced portfolio, including a reasonable amount of fixed–income securities; and

2. supports the growth of the perpetual care trust fund; and

(iv) 1. shall use the method of distribution selected by the cemetery if the fair market value of the perpetual care trust fund exceeds the sum of:

A. 80% of the average of the end–of–year fair market value of the perpetual care trust fund for the preceding 3 calendar years; and

B. the total contributions made to the principal of the perpetual care trust fund from the end of the preceding calendar year; or

2. shall distribute to the cemetery on a monthly basis for the remainder of the calendar year all net income of the perpetual care trust fund if the fair market value of the perpetual care trust fund does not exceed the sum calculated under item 1 of this item.

(5) The Director may limit or prohibit a distribution made under paragraph (2)(ii) of this subsection if the Director believes that:

(i) based on a review submitted by the trustee of the prior 5 to 7 years of performance of the perpetual care trust fund or, if less than 5 years have elapsed since the date of selection of the investment method, a review submitted by the trustee of the performance of the perpetual care trust fund since the date of selection, investment returns and distribution practices have not resulted in sufficient protection of the perpetual care trust fund’s principal; or

(ii) the trustee does not have sufficient knowledge and expertise to administer the perpetual care trust fund in a manner that supports the growth of the perpetual care trust fund.

(h) The trustee shall pay capital gains taxes from the principal of the perpetual care trust fund.

(i) (1) The perpetual care trust fund authorized by this subsection shall be a single purpose trust fund.

(2) In the event of the bankruptcy or insolvency of, or assignment for the benefit of creditors by, or an adverse judgment against the sole proprietor registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle, the perpetual care trust funds may not be made available to any creditor as assets of the sole proprietor registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle or as payment for any expenses of any bankruptcy or similar proceedings, but shall be retained intact to provide for the future maintenance of the cemetery.

(3) The perpetual care trust fund is not subject to judgment, execution, garnishment, attachment, or other seizure by process in bankruptcy or otherwise, or to sale, pledge, mortgage, or other alienation and is not assignable.

(j) A sole proprietor registered cemeterian, permit holder, or any other person subject to the trust requirements of this subtitle shall maintain in the office of the cemetery a copy of the most recent trust report filed with the Office under § 5–606 of this subtitle and shall make the report available for inspection by an owner or a prospective purchaser of a right of interment in a burial lot, above–ground crypt, or niche.
Md. Code, Public Safety § 5-141 — MD Code / Article gps / Title 5 / Subtitle 1 / Section 5-141
§5–141.
Status: in_force

(a) A dealer or other person may not be a knowing participant in a straw purchase of a regulated firearm for a minor or for a person prohibited by law from possessing a regulated firearm.

(b) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 10 years or a fine not exceeding $25,000 or both.

(c) Each violation of this section is a separate crime.
Md. Code, Criminal Law § 5-621 — MD Code / Article gcr / Title 5 / Subtitle 6 / Section 5-621
§5–621.
Status: in_force

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

(2) “Drug trafficking crime” means a felony or a conspiracy to commit a felony involving the possession, distribution, manufacture, or importation of a controlled dangerous substance under §§ 5–602 through 5–609 and 5–614 of this subtitle.

(3) “Forfeiting authority” means the office or person designated by agreement between the State’s Attorney for a county and the chief executive officer of the governing body that has jurisdiction over the assets subject to forfeiture.

(b) During and in relation to a drug trafficking crime, a person may not:

(1) possess a firearm under sufficient circumstances to constitute a nexus to the drug trafficking crime; or

(2) use, wear, carry, or transport a firearm.

(c) (1) In addition to the sentence provided for the drug trafficking crime, a person who violates subsection (b) of this section is guilty of a felony and on conviction is subject to:

(i) for a first violation, imprisonment for not less than 5 years and not exceeding 20 years; or

(ii) for each subsequent violation, imprisonment for not less than 10 years and not exceeding 20 years.

(2) (i) The court shall impose a minimum sentence of 5 years under paragraph (1)(i) of this subsection.

(ii) The court shall impose a minimum sentence of 10 years under paragraph (1)(ii) of this subsection.

(3) (i) A court may not suspend any part of a mandatory minimum sentence.

(ii) Except as provided in § 4-305 of the Correctional Services Article, a person sentenced under this subsection is not eligible for parole.

(iii) A sentence imposed under paragraph (1)(ii) of this subsection shall be consecutive to and not concurrent with any other sentence imposed by virtue of the commission of the drug trafficking crime.

(d) (1) (i) In this subsection, “firearm silencer” means a device that is designed for silencing, muffling, or diminishing the report of a firearm.

(ii) “Firearm silencer” includes a combination of parts designed, redesigned, or intended for use in assembling or fabricating a firearm silencer or muffler.

(2) A court shall double the minimum mandatory sentence provided in subsection (c)(1)(ii) of this section if the firearm used during and in relation to a drug trafficking crime is:

(i) listed in § 4-301 of this article or § 5-101 of the Public Safety Article;

(ii) a machine gun; or

(iii) equipped with a firearm silencer.

(e) (1) A firearm or ammunition seized under this section is contraband and shall be forfeited summarily to a forfeiting authority.

(2) Unless otherwise prohibited by law or if forfeiture proceedings have begun, the forfeiting authority shall return the seized property to the owner or possessor within 90 days after the date of seizure if:

(i) the owner or possessor of the property seized is acquitted; or

(ii) the charges against the person are dismissed.

(3) Unless otherwise prohibited by law, the forfeiting authority shall return the seized property to the owner or possessor promptly if the State:

(i) enters a nolle prosequi against the owner or possessor of property seized; and

(ii) does not charge the person within 90 days after the nolle prosequi is entered.
Md. Code, State Finance and Procurement § 5A-335 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-335
§5A–335.
Status: in_force

(a) The Archaeology Office shall:

(1) cooperate in excavating historically or archaeologically significant sites in the custody or control of any other State unit;

(2) encourage the preservation of prehistoric or historic sites on privately owned land in the State;

(3) coordinate the work of retrieving and preserving archaeologically significant objects and materials found during public construction in the State;

(4) cooperate with and help museums, institutions of higher education, and other scientific or historical institutions and organizations in preserving and protecting objects and materials of archaeological nature in their custody or control;

(5) cooperate with similar units of other states in preserving archaeologically significant sites, objects, and materials; and

(6) keep institutions or units of other states from exploiting archaeologically significant sites, objects, and materials in this State.

(b) The Archaeology Office also shall:

(1) make available to museums, institutions of higher education, and other scientific or historical institutions and organizations objects and materials suitable for demonstrating the archaeological history of the State;

(2) make available to public and private schools in the State exhibits on, and help to teach students about, the life of the early settlers and Native Americans of the State;

(3) disseminate archaeological information by publishing reports of archaeological research and investigation; and

(4) establish an educational program to train interested members of the public to identify, investigate, and register terrestrial archaeological historic property.

(c) The Archaeology Office also shall:

(1) prepare a list of prioritized research goals and objectives to guide the Trust and the Department’s Division of Historical and Cultural Programs in choosing archaeological research projects to perform;

(2) develop, in consultation with the Committee, a policy that specifies the circumstances under which the Trust may directly perform archaeological investigations to comply with State or federal law that the Trust or the State Historic Preservation Officer administers; and

(3) provide to the Committee each year a copy of the part of the Trust’s annual report to the Governor, required by § 5A-318(c)(16) of this subtitle, that relates to the Trust’s archaeological activities.

(d) (1) Except as provided in paragraph (2) of this subsection, an archaeologist who is not working for the Trust need not adhere to the archaeological research goals and objectives developed by the Archaeology Office under this section.

(2) An archaeologist who performs a project governed by any State or federal law that the Trust or the State Historic Preservation Officer administers shall adhere to those goals and objectives to the extent required by law.
Md. Code, Family Law § 5-703 — MD Code / Article gfl / Title 5 / Subtitle 7 / Section 5-703
§5–703.
Status: in_force

(a) The provisions of this subtitle are in addition to and not in substitution for the provisions of Title 3, Subtitle 8 of the Courts Article.

(b) Except as otherwise provided in § 5–705.1 of this subtitle, the provisions of this subtitle apply only to:

(1) suspected abuse or neglect that is alleged to have occurred in this State; and

(2) suspected abuse or neglect of a child who lives in this State, regardless of where the suspected abuse or neglect is alleged to have occurred.
Md. Code, Health - General § 5-602.1 — MD Code / Article ghg / Title 5 / Subtitle 6 / Section 5-602.1
§5–602.
Status: in_force

§5–602.1.

(a) In this section, “mental health services” has the meaning stated in § 4–301(k)(1) of this article.

(b) An individual who is competent may make an advance directive to outline the mental health services which may be provided to the individual if the individual becomes incompetent and has a need for mental health services either during, or as a result of, the incompetency.

(c) (1) An individual making an advance directive for mental health services shall follow the procedures for making an advance directive provided under § 5–602 of this subtitle.

(2) The procedures provided under § 5–604 of this subtitle for the revocation of an advance directive shall apply to the revocation of an advance directive for mental health services.

(d) An advance directive for mental health services may include:

(1) The designation of an agent to make mental health services decisions for the declarant;

(2) The identification of mental health professionals, programs, and facilities that the declarant would prefer to provide mental health services;

(3) A statement of medications preferred by the declarant for psychiatric treatment; and

(4) Instruction regarding the notification of third parties and the release of information to third parties about mental health services provided to the declarant.
Md. Code, Courts and Judicial Proceedings § 5-1105 — MD Code / Article gcj / Title 5 / Subtitle 11 / Section 5-1105
§5–1105.
Status: in_force

If a transfer of structure settlement payment rights has been authorized under this subtitle, neither the annuity issuer nor the structured settlement obligor shall have any liability to the payee or to any other party for any payment made to the transferee in accordance with the authorization.
Md. Code, Corporations and Associations § 5-5A-23 — MD Code / Article gca / Title 5 / Subtitle 5A / Section 5-5A-23
§5–5A–23.
Status: in_force

(a) (1) Each cooperative shall have an audit committee as specified in its bylaws.

(2) At least annually, the audit committee shall audit, or cause to have audited, the affairs of the cooperative and make a full report on the audit to the board of directors, the meeting of delegates, and the annual membership meeting.

(3) A report for the previous fiscal year shall be read or presented in written form at the annual meeting of members of the cooperative and kept with the records of the cooperative.

(b) Every cooperative shall prepare within 120 days of the close of its operations for each fiscal year, as specified in its articles of incorporation or bylaws, a report of its conditions which shall be available for inspection by the members of the cooperative. The report shall state, at a minimum:

(1) The names, addresses, occupations, and date of expiration of the terms of the directors and officers;

(2) The amount and nature of the cooperative’s authorized, subscribed, and paid-in capital, the par value of its stock, and the rate at which any return upon capital has been paid. For nonstock cooperatives, the annual report shall state the total number of members and the amount of membership equity received or allocated;

(3) The annual receipts, annual expenditures, assets, and liabilities of the cooperative; and

(4) The audit committee report or the report of the auditors.

(c) A copy of this annual report shall be kept on file at the principal office of the cooperative and be made available to the members during regular business hours.
Md. Code, Natural Resources § 5-220 — MD Code / Article gnr / Title 5 / Subtitle 2 / Section 5-220
§5–220.
Status: in_force

(a) In this section, “Fund” means the Park System Critical Maintenance Fund.

(b) There is a Park System Critical Maintenance Fund.

(c) The purpose of the Fund is to provide funding for completing State projects that address critical maintenance concerns on lands managed by the Department for public purposes.

(d) The Secretary shall administer the Fund.

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

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

(f) The Fund consists of:

(1) Revenue distributed to the Fund under § 13–209(g) of the Tax – Property Article;

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

(3) Interest earnings; and

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

(g) The Fund may be used only for State park projects that address critical maintenance concerns on lands managed by the Department for public purposes.

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

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

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

(j) Money expended from the Fund for critical maintenance in the State’s parks is supplemental to and is not intended to take the place of funding that otherwise would be appropriated for critical maintenance in the State’s parks.

(k) (1) For fiscal year 2024 only, the Governor shall include in the annual budget bill a General Fund appropriation in the amount of $70,000,000 to the Fund for State projects that address critical maintenance concerns on lands managed by the Department for public purposes.

(2) The Department shall expend the funds allocated under this subsection before July 1, 2029.

(l) Notwithstanding § 13–109 of the State Finance and Procurement Article, the Department may expend up to $400,000 for a project that addresses critical maintenance concerns from the Fund without prior approval of the Department of General Services.
Md. Code, General Provisions § 5-704 — MD Code / Article ggp / Title 5 / Subtitle 7 / Section 5-704
§5–704.
Status: in_force

(a) (1) At the times specified in subsection (d) of this section, each regulated lobbyist shall register with the Ethics Commission as provided in subsection (g) of this section.

(2) A regulated lobbyist shall register separately for each entity that has engaged the regulated lobbyist for lobbying purposes.

(b) Each registration form shall include the following information, if applicable:

(1) the regulated lobbyist’s name and permanent address;

(2) the name and permanent address of any other regulated lobbyist that will be lobbying on the regulated lobbyist’s behalf;

(3) the name, address, and nature of business of any entity that has engaged the regulated lobbyist for lobbying purposes, accompanied by a statement indicating whether, because of the filing and reporting of the regulated lobbyist, the compensating entity is exempt under § 5–702(c) of this subtitle; and

(4) the identification, by formal designation if known, of the matters on which the regulated lobbyist expects to perform acts, or to engage another regulated lobbyist to perform acts, that require registration under this subtitle.

(c) Each registration shall include the certification required by § 5–703 of this subtitle.

(d) (1) A regulated lobbyist who is not currently registered shall register within 5 days after first performing an act that requires registration under this subtitle.

(2) A regulated lobbyist shall file a new registration form on or before November 1 of each year if, on that date, the regulated lobbyist is engaged in lobbying.

(e) (1) Each registration form shall be accompanied by a fee of $100.

(2) The fee shall be credited to the Lobbyist Registration Fund established under § 5–210 of this title.

(f) (1) Except as provided in paragraph (2) of this subsection, each registration shall terminate on the earlier of:

(i) the October 31 following the filing of the registration; or

(ii) an earlier termination date specified in the certification filed with respect to that registration under § 5–703 of this subtitle.

(2) A regulated lobbyist may terminate the registration before the date specified in paragraph (1) of this subsection by:

(i) ceasing all activity that requires registration; and

(ii) after ceasing activity in accordance with item (i) of this paragraph:

1. filing a notice of termination with the Ethics Commission; and

2. filing all reports required by this subtitle within 30 days after the filing of the notice of termination.

(3) (i) Subject to subparagraphs (ii) and (iii) of this paragraph, if a regulated lobbyist is or becomes subject to regulation under this title as an official or employee, the regulated lobbyist shall immediately terminate the registration in accordance with paragraph (2) of this subsection.

(ii) The Ethics Commission shall adopt regulations establishing criteria under which a regulated lobbyist may serve on a State board or commission.

(iii) The regulations adopted under subparagraph (ii) of this paragraph shall:

1. establish a classification of State boards or commissions on which regulated lobbyists may serve;

2. at a minimum authorize a regulated lobbyist to serve as an appointed member of an advisory governmental body of limited duration;

3. as to a regulated lobbyist who serves on a State board or commission, establish disclosure requirements that are substantially similar to disclosure requirements under § 5–514 of this title; and

4. require a regulated lobbyist who serves on a board or commission and is disqualified from participating in a specific matter because of a conflict of interest to file a statement of recusal with the board or commission describing the circumstances of the conflict which shall be recorded in the minutes of the meeting.

(g) (1) An individual shall file a registration under this section electronically and without additional cost to the individual who files the registration.

(2) A registration filed electronically under paragraph (1) of this subsection shall include the oath and affirmation required under § 5–703 of this subtitle made by an electronic signature that:

(i) is a part of the registration form or attached to and made part of the registration form; and

(ii) is made expressly under the penalties for perjury.

(3) An oath or affirmation signed electronically under paragraph (2) of this subsection subjects the individual making the oath or affirmation to the penalties for perjury to the same extent as an oath or affirmation made by an individual in person before an individual authorized to administer oaths.
Md. Code, Estates and Trusts § 5-505 — MD Code / Article get / Title 5 / Subtitle 5 / Section 5-505
§5–505.
Status: in_force

Until the foreign personal representative pays, or secures to the satisfaction of the register, the payment of the inheritance tax fixed as provided in § 5–504 of this subtitle, with interest and penalties, and files the receipt for the payment or evidence of security with the register to be included among the permanent records of the court, the unpaid tax obligation shall constitute a lien against the property in accordance with the provisions of § 13–806 of the Tax – General Article.
Md. Code, Health Occupations § 5-302 — MD Code / Article gho / Title 5 / Subtitle 3 / Section 5-302
§5–302.
Status: in_force

(a) To qualify for a license, an applicant shall be an individual who meets the requirements of this section.

(b) The applicant must be of good moral character.

(c) The applicant must be at least 18 years old.

(d) The applicant for licensure as a dietitian–nutritionist shall:

(1) (i) 1. Have satisfactorily completed academic requirements for the field of dietetics as approved by the Board; and

2. Have received at a minimum a baccalaureate degree from a college or university accredited by an educational accrediting association as required by the Commission on Dietetic Registration; or

(ii) Have received a master’s or doctoral degree from a college or university accredited by an educational accrediting association recognized by the Council on Higher Education and Accreditation in nutritional sciences (with emphasis in human nutrition), food and nutrition, dietetics, human nutrition, community nutrition, public health nutrition, or equivalent training approved by the Board;

(2) Have satisfactorily completed a program of supervised clinical experience approved by the Board; and

(3) (i) Submit to the Board proof of certification by the Board for Certification of Nutrition Specialists; or

(ii) Submit to the Board proof of registration as a dietitian with the Commission on Dietetic Registration of the Academy of Nutrition and Dietetics.

(e) Except as otherwise provided in this subtitle, the applicant must pass an examination approved by the Board under this subtitle.

(f) The applicant shall meet any other qualifications or requirements that the Board establishes for license applicants.
Md. Code, Family Law § 5-3B-24 — MD Code / Article gfl / Title 5 / Subtitle 3B / Section 5-3B-24
§5–3B–24.
Status: in_force

(a) This section does not apply to an adoption by the spouse of the prospective adoptee’s parent or a relative of the prospective adoptee.

(b) A court may not enter an order under this subtitle until the petitioner files with the court an accounting of all payments and disbursements of any item of value made by or for the petitioner in connection with the adoption.
Md. Code, Natural Resources § 5-9C-02 — MD Code / Article gnr / Title 5 / Subtitle 9C / Section 5-9C-02
§5–9C–02.
Status: in_force

(a) The General Assembly declares that:

(1) It is State public policy to both restore existing park and green space systems and create new park and green space systems in the municipal corporations of the State and Baltimore City; and

(2) Funding sources in the form of flexible grants shall be made available to the governing bodies of municipal corporations and Baltimore City to:

(i) Rehabilitate, expand, improve, or maintain existing parks;

(ii) Purchase land to create new parks;

(iii) Develop new parks;

(iv) Purchase and install playground equipment in urban neighborhoods and rural areas throughout the State; or

(v) Be used for environmentally oriented parks and recreation projects.

(b) (1) There is a Community Parks and Playgrounds Program to provide flexible grants to the governing bodies of municipal corporations and Baltimore City for the purposes set forth in subsection (a) of this section.

(2) The Department’s Program Open Space shall administer the Program.

(c) The Secretary shall adopt regulations to carry out this subtitle.
Md. Code, Agriculture § 5-107 — MD Code / Article gag / Title 5 / Subtitle 1 / Section 5-107
§5–107.
Status: in_force

(a) If the Secretary determines that any pesticide does not warrant any proposed claim for it or that the pesticide, its labeling, or other material required to be submitted do not comply with the provisions of this subtitle, he shall notify the applicant of the manner in which the pesticide, labeling, or other required material fails to comply with the subtitle, to afford the applicant an opportunity to make any necessary correction. If the applicant does not make the correction upon receiving notice, the Secretary may refuse to register the pesticide.

(b) The Secretary may suspend or cancel the registration of any pesticide, if he determines the pesticide, its labeling, or other material required to be submitted does not comply with the provisions of this subtitle.

(c) If the Secretary refuses an application for registration or proposes to suspend or cancel a registration, notice of the proposed action shall be given to the applicant or registrant who may request a hearing within 30 days from the date of receipt. The Secretary shall conduct the hearing and shall prepare and serve upon the applicant or registrant a written statement containing its findings of fact and an appropriate order.

(d) Any person adversely affected by an order may obtain a review of the decision by a civil action commenced within 30 days after the date notice of the decision is mailed to him. The action shall be brought in the circuit court of the county in which the person resides or has his principal place of business. As part of its answer, the Secretary shall file a certified copy of the transcript of the record on which the findings and order in question are based. The court may enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Secretary or may remand the case for a rehearing. Any finding of the board of review is conclusive as to any fact, if supported by substantial evidence.

(e) If good cause is shown, the court may order additional evidence to be taken before the Secretary at any time. After the case is remanded, and after hearing additional evidence, the Secretary may modify or affirm his findings of fact and his order, and shall file with the court any additional and modified findings of fact, and a transcript of the additional record upon which his action in modifying or affirming was based. Any additional or modified finding of fact and order is conclusive as to any fact if supported by substantial evidence.
Md. Code, Natural Resources § 5-1216 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1216
§5–1216.
Status: in_force

Subject to the appropriation of funds by the legislature, the Secretary may acquire privately owned land within the perimeter of any area designated by Part II of this subtitle as wildlands if the owner concurs in the acquisition.
Md. Code, Business Occupations and Professions § 5-520 — MD Code / Article gbo / Title 5 / Subtitle 5 / Section 5-520
§5–520.
Status: in_force

(a) (1) The Board may appoint inspectors to conduct inspections.

(2) Subject to the State budget, each inspector is entitled to:

(i) reasonable compensation set by the Board for each day on which the inspector is engaged in the duties of the appointment; and

(ii) reimbursement for expenses under the Standard State Travel Regulations.

(b) (1) The Board shall inspect beauty salons.

(2) The Board shall inspect the facilities of applicants for beauty salon permits before the beauty salon:

(i) initially opens for business;

(ii) opens for business at a new location; or

(iii) continues business under a new owner.

(3) A beauty salon that remodels and reopens with the same owner is not subject to the inspection requirement of this subsection.

(c) (1) The Board or an inspector may enter and inspect a cosmetology school approved by the State Board of Education or the Maryland Higher Education Commission at any time during business hours to determine the sanitary condition of the cosmetology school.

(2) If, during an inspection of a cosmetology school, an inspector finds an unsanitary condition, the inspector promptly shall report the condition to the Board.

(d) (1) A beauty salon shall allow an inspector, on presentation of credentials, to enter and inspect the facility at any time during business hours.

(2) During inspection of a beauty salon, the owner, lessee, or manager of the beauty salon shall accompany the inspector.

(e) (1) An inspector shall make an inspection report after an inspection and give a copy to the individual who accompanied the inspector during the inspection.

(2) The individual shall sign the inspection report for the beauty salon or cosmetology school to acknowledge receipt of a copy of the report.
Md. Code, Corporations and Associations § 5-109 — MD Code / Article gca / Title 5 / Subtitle 1 / Section 5-109
§5–109.
Status: in_force

(a) A professional corporation may issue stock, rights, and options to purchase stock to:

(1) An individual who is authorized by law in this or another state to render a professional service named in the corporation’s articles of incorporation;

(2) A general partnership in which all the partners are qualified persons with respect to the professional corporation and in which at least one partner is authorized by law in this State to render a professional service named in the corporation’s articles of incorporation; and

(3) A professional corporation, domestic or foreign, provided that the professional corporation receiving the stock is organized to perform the same professional service as the professional corporation issuing the stock.

(b) (1) If a licensing unit with jurisdiction over a profession considers it necessary to prevent a violation of the ethical standards of the profession, the unit may, by regulation, restrict or condition, or revoke in part, the authority of a professional corporation to issue stock subject to its jurisdiction.

(2) A regulation adopted under this subsection does not, of itself, make a stockholder of a professional corporation a disqualified person at the time the regulation becomes effective.

(c) Stock issued in violation of this section or of a regulation adopted under this section is void from the date issued.
Md. Code, Courts and Judicial Proceedings § 5-514 — MD Code / Article gcj / Title 5 / Subtitle 5 / Section 5-514
§5–514.
Status: in_force

Any member of the Financial Review Committee in the Department of Aging acting in good faith and within the scope of the member’s duties is immune from civil liability as a result of those acts.
Md. Code, Labor and Employment § 5-401 — MD Code / Article gle / Title 5 / Subtitle 4 / Section 5-401
§5–401.
Status: in_force

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

(b) (1) “Employee” means an employee (as defined in § 5-101 of this title) or former employee when the individual may be exposed under normal operating conditions or foreseeable emergencies.

(2) “Employee” includes:

(i) a line supervisor;

(ii) a maintenance worker;

(iii) a member or former member of a volunteer fire, ambulance, or rescue company;

(iv) operating personnel; and

(v) a production worker.

(c) (1) “Employer” means an employer (as defined in § 5-101 of this title) and includes a volunteer fire, ambulance, or rescue company.

(2) “Employer” does not include a farmer who:

(i) uses a hazardous chemical in farming; and

(ii) complies with the applicable requirements of the Federal Insecticide, Fungicide, and Rodenticide Act.
Md. Code, Family Law § 5-4B-10 — MD Code / Article gfl / Title 5 / Subtitle 4B / Section 5-4B-10
§5–4B–10.
Status: in_force

(a) If a confidential intermediary files a report under § 5-4B-07 of this subtitle stating that an individual sought has not been located, the confidential intermediary shall continue to make reasonable attempts to contact the individual sought for the period specified in the search, contact, and reunion services agreement executed in accordance with § 5-4B-05 or § 5-4B-11 of this subtitle.

(b) If the confidential intermediary is unsuccessful at locating the individual sought within the period specified in the search, contact, and reunion services agreement, the confidential intermediary shall file a report with the Director stating the failure to locate the individual sought.
Md. Code, Health Occupations § 5-102 — MD Code / Article gho / Title 5 / Subtitle 1 / Section 5-102
§5–102.
Status: in_force

The purpose of this title is to protect the lives and health of the people of this State by:

(1) Setting standards for the practice of dietetics; and

(2) Limiting the use of the title “licensed dietitian-nutritionist” to individuals who meet those standards.
Md. Code, State Finance and Procurement § 5A-337 — MD Code / Article gsf / Title 5A / Subtitle 3 / Section 5A-337
§5A–337.
Status: in_force

A person who knows the location of an archaeological site in the State is encouraged to give the information to a reputable museum, an institution of higher education, another recognized scientific or historical institution or organization, or the Trust.
Md. Code, Natural Resources § 5-1213.1 — MD Code / Article gnr / Title 5 / Subtitle 12 / Section 5-1213.1
§5–1213.
Status: in_force

§5–1213.1.

In addition to any measures taken under § 5-1213 of this subtitle, in order to protect privately owned land adjoining or located in close proximity to a State wildland, each unit administering the designated wildland area shall:

(1) Maintain fire access roads located within the wildland area in a passable condition as determined by the Department; and

(2) Take or allow immediate action, as approved by the Department, to respond to any threat resulting from insects, disease, noxious weeds, or fire.
Md. Code, General Provisions § 5-809 — MD Code / Article ggp / Title 5 / Subtitle 8 / Section 5-809
§5–809.
Status: in_force

(a) In this section, “local official” includes an individual who is designated as a local official and whose position is funded wholly or partly by the State.

(b) (1) Except as provided in paragraphs (2) and (3) of this subsection and subsection (c) of this section, the financial disclosure provisions enacted by a county or municipal corporation under § 5–807 of this subtitle:

(i) shall be similar to the provisions of Subtitle 6 of this title; but

(ii) in accordance with regulations adopted by the Ethics Commission and consistent with the intent of this title, may be modified to the extent necessary to make the provisions relevant to the prevention of conflicts of interest in that jurisdiction.

(2) The financial disclosure provisions for elected local officials enacted by a county or municipal corporation under § 5–807 of this subtitle:

(i) shall be equivalent to or exceed the requirements of Subtitle 6 of this title; but

(ii) in accordance with regulations adopted by the Ethics Commission and consistent with the intent of this title, may be modified to the extent necessary to make the provisions relevant to the prevention of conflicts of interest in that jurisdiction.

(3) The financial disclosure provisions for members of the Board of License Commissioners for Prince George’s County enacted by Prince George’s County under § 5–807 of this subtitle shall be equivalent to or exceed the requirements of Subtitle 6 of this title.

(c) (1) This subtitle does not compel the governing body of a county or municipal corporation to require a local official to file a financial disclosure statement except when the personal interest of the local official will present a potential conflict with the public interest in connection with an anticipated public action of the local official.

(2) The governing body of a county or municipal corporation shall require a local official to file a financial disclosure statement at least annually to report on gifts received by the local official.

(3) The financial disclosure provisions shall require that a statement be filed:

(i) under paragraph (1) of this subsection sufficiently in advance of the action to provide adequate disclosure to the public; and

(ii) by an elected local official under subsection (b)(2) of this section on or before April 30 of each year.

(d) Financial disclosure provisions applicable to a candidate shall be consistent with the provisions applicable to an incumbent holding the office involved.
Md. Code, Corporations and Associations § 5-6B-30 — MD Code / Article gca / Title 5 / Subtitle 6B / Section 5-6B-30
§5–6B–30.
Status: in_force

(a) The dispute settlement mechanism provided by this section applies to any complaint or demand formally arising on or after October 1, 2024, unless the bylaws of the cooperative housing corporation or the proprietary lease of the member who is a party to the dispute state otherwise.

(b) (1) Except as provided in this subsection, a governing body may not impose a fine, suspend voting, bring an action in court to evict, or infringe on any other rights of a member for a violation of:

(i) The rules of the cooperative housing corporation; or

(ii) The provisions of the member’s proprietary lease.

(2) The governing body shall send to the member, via certified mail, return receipt requested, at the address of record for notice purposes with the cooperative housing corporation a written demand to cease and desist from the alleged violation specifying:

(i) The alleged violation;

(ii) The action required to abate the violation; and

(iii) 1. A time period of not less than 15 days during which the violation may be abated without further sanction if the violation is a continuing one; or

2. A statement that any further violation of the same rule may result in the imposition of sanction after notice and the opportunity for a hearing if the violation is not continuing.

(3) (i) If the violation continues past the period specified under paragraph (2)(iii)1 of this subsection, or if the same rule is violated subsequently, the governing body shall send to the member, via certified mail, return receipt requested, at the address of record for notice purposes with the cooperative housing corporation a written notice of the member’s right to request a hearing to be held by the governing body in session.

(ii) The notice shall specify:

1. The nature of the alleged violation;

2. The proposed sanction to be imposed;

3. The procedure for requesting a hearing; and

4. The time frame for requesting a hearing, which may not be less than 10 days beginning on the date of the notice.

(4) (i) If the member requests a hearing within the time frame specified in the notice given under paragraph (3) of this subsection, the governing body shall hold a hearing on the alleged violation in executive session.

(ii) The governing body shall give the member at least 10 days’ written notice of the time and place of the hearing.

(iii) At the hearing, the member shall have the right to present evidence and to present and cross–examine witnesses regarding the alleged violation.

(iv) Prior to imposing any sanction on the member, the governing body shall place in the minutes of the meeting proof of the notice provided to the member under paragraph (3) of this subsection, which shall include:

1. A copy of the notice, together with a statement of the date and manner of providing the notice; or

2. A statement that the member in fact appeared at the hearing.

(v) The governing body shall place in the minutes of the meeting the results of the hearing and the sanction, if any, imposed on the member.

(5) If the member does not request a hearing within the time frame specified in the notice given under paragraph (3) of this subsection, the governing body, at the next meeting, shall deliberate as to whether the violation occurred and decide whether a sanction is appropriate for the violation.

(c) A member may appeal a decision of a governing body made in accordance with the dispute settlement procedure described in this section to the courts of Maryland.

(d) (1) If a member fails to comply with this subtitle, the bylaws of a cooperative housing corporation, or a decision rendered by the governing body in accordance with this section, the governing body or any other member of the cooperative housing corporation may sue the member for any damages caused by the failure or for injunctive relief.

(2) The prevailing party in a proceeding authorized under this subsection is entitled to an award for reasonable attorney’s fees as determined by court.

(e) The failure of a governing body to enforce a provision of this title, the proprietary lease of a member, or the bylaws of the cooperative housing corporation on any occasion is not a waiver of the right to enforce the provision on any other occasion.
Md. Code, Corporations and Associations § 5-647 — MD Code / Article gca / Title 5 / Subtitle 6 / Section 5-647
§5–647.
Status: in_force

(a) On authorization of its board of directors or members, a cooperative may change its principal office, its resident agent, or the address of its resident agent by filing for record with the Department a certificate that states the change being made.

(b) The certificate shall be signed and acknowledged by the chairman or vice–chairman of the cooperative and attested by its secretary, and the seal of the cooperative shall be affixed to the certificate.
Md. Code, Economic Development § 5-1003 — MD Code / Article gec / Title 5 / Subtitle 10 / Section 5-1003
§5–1003.
Status: in_force

Loans shall be made under this subtitle for the purposes of:

(1) providing financial support to:

(i) a business owned by a reserve component member who is called to active duty; or

(ii) a small business employer of a reserve component member who is called to active duty;

(2) making the home, motor vehicle, or place of employment of a veteran accessible to individuals with disabilities, including purchasing equipment necessary to enable a business to employ a service–disabled veteran or to enable a service–disabled veteran to operate a business; and

(3) defraying other necessary expenses, as determined by the Department of Veterans and Military Families, incurred by:

(i) a business employing a service–disabled veteran; or

(ii) a veteran–owned small business.
Md. Code, Economic Development § 5-575 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-575
§5–575.
Status: in_force

(a) A person may not knowingly make or cause to be made a false statement or report in an application or document submitted to the Authority under this part.

(b) A person may not knowingly make or cause to be made a false statement or report to influence an action of the Authority under this part:

(1) on an application for assistance; or

(2) affecting bonding assistance whether or not the assistance has been extended.

(c) A person who violates this section is guilty of a misdemeanor and on conviction is subject to imprisonment not exceeding 6 months or a fine not exceeding $1,000 or both.
Md. Code, Corporations and Associations § 5-314 — MD Code / Article gca / Title 5 / Subtitle 3 / Section 5-314
§5–314.
Status: in_force

This part applies to every religious corporation formed in this State by a congregation of the denomination of Christians known as the Roman Catholic Church.
Md. Code, Economic Development § 5-557 — MD Code / Article gec / Title 5 / Subtitle 5 / Section 5-557
§5–557.
Status: in_force

(a) (1) Under the Program the Authority may not:

(i) own securities representing more than 49% of the voting stock of a small business or own an interest greater than 49% in a small business; or

(ii) own securities representing more than 49% of the voting stock of an enterprise acquiring an existing business or own an interest greater than 49% in an enterprise acquiring an existing business.

(2) The amount of the Authority’s equity participation financing in an enterprise may not exceed $2,000,000.

(3) Before providing equity participation financing, the Authority shall find that there is a reasonable probability that the Authority will recover its initial investment and an adequate return on investment from the equity participation financing.

(4) The Authority’s investment shall be recoverable within 7 years after the equity participation financing.

(5) The Authority’s recovery shall be the greater of:

(i) the current value of the percentage of the equity investment in the enterprise; or

(ii) the amount of the initial investment in the enterprise.

(6) If there is a dispute between the borrower and the Authority as to the value of the business entity at the time of recovery, the value shall be determined after obtaining at least one independent appraisal of the value from an appraiser selected from a list of at least three appraisers supplied by the Authority.

(b) When an enterprise applies to the Authority for equity participation financing to acquire an existing business, an enterprise or its principals shall have:

(1) an equity investment equal to at least 5% of the total cost of acquisition; and

(2) at least 3 years of successful experience with demonstrated achievements and management responsibilities.

(c) The Authority may provide equity participation financing for the acquisition of an existing business if the existing business:

(1) has been in existence for at least 5 years;

(2) has been profitable for at least 2 of the previous 3 years;

(3) has sufficient cash flow to service the debt and ensure adequate return of the Authority’s investment;

(4) has the capacity for growth and job creation;

(5) has its principal place of business in the State; and

(6) has a strong customer base.

(d) If the applicant enterprise is a sole proprietorship, to qualify for financial assistance under this part, the applicant shall satisfy the Authority that:

(1) the applicant is of good moral character;

(2) the applicant has a reputation for financial responsibility, as determined from creditors, employers, and other individuals who have personal knowledge of the applicant;

(3) the applicant is a resident of the State or the principal place of business of the applicant is in the State; and

(4) the applicant is unable to obtain adequate business financing on reasonable terms through normal lending channels because the applicant:

(i) belongs to a group that historically has been deprived of access to normal economic or financial resources because of race, color, creed, sex, religion, or national origin;

(ii) has an identifiable physical handicap that severely limits the ability of the applicant to obtain financial assistance, but that does not limit the ability of the applicant to perform the contract or other activity for which the applicant would be receiving financial assistance;

(iii) has any other social or economic impediment that is beyond the control of the applicant, but that does not limit the ability of the applicant to perform the contract or other activity for which the applicant would be receiving financial assistance, including:

1. the lack of formal education or financial capacity; or

2. geographical or regional economic distress; or

(iv) does not meet the established credit or investment criteria of at least one financial institution.

(e) If the applicant enterprise is not a sole proprietorship, to qualify for financial assistance under this part, at least 51% of the enterprise shall be owned by individuals who meet the qualifications for applicants under subsection (d) of this section.
Md. Code, Natural Resources § 5-412 — MD Code / Article gnr / Title 5 / Subtitle 4 / Section 5-412
§5–412.
Status: in_force

(a) Any person who drives or operates a truck, trailer, or other vehicle upon any public highway, road, or street in the State for the purpose of transporting five or more trees, or 100 pounds or more of boughs, of any species of pine, spruce, fir, hemlock, or other narrow-leafed or broad-leafed evergreen tree or shrub, shall have upon his person during the transporting, a bill of sale for the trees, shrubs, or boughs signed by the owner or custodian of the lands from which they were cut or removed.

(b) The bill of sale shall state the date of sale; number and species of trees or pounds and species of boughs being transported; number of the election district, name of the county and state from which the trees, shrubs, or boughs were cut and removed; and the postal address of the landowner or custodian or whether they have been obtained from a dealer in these goods. The bill of sale or invoice shall show clearly the name and place of business from which the trees or boughs were obtained.

(c) This section does not apply to the transportation of trees, shrubs, or boughs by the owner or custodian of lands from which the trees, shrubs, or boughs were cut or removed or by the agent of the owner or custodian, or to transportation in a truck or trailer licensed to operate or engage in interstate commerce.
Md. Code, Natural Resources § 5-1103 — MD Code / Article gnr / Title 5 / Subtitle 11 / Section 5-1103
§5–1103.
Status: in_force

Except as specifically recognized by or provided in § 5-1106 of this subtitle, an owner of land owes no duty of care to keep the premises safe for entry or use by others for any recreational or educational purpose, or to give any warning of a dangerous condition, use, structure, or activity on the premises to any person who enters on the land for these purposes.
Md. Code, Economic Development § 5-2110 — MD Code / Article gec / Title 5 / Subtitle 21 / Section 5-2110
§5–2110.
Status: in_force

(a) An applicant for a grant from the Fund shall submit an application to the Advisory Commission on the form that the Secretary requires.

(b) To be eligible to receive a grant from the Fund, an applicant must be:

(1) a nonprofit organization under § 501(c)(3) or (6) of the Internal Revenue Code; or

(2) a State or local governmental unit.

(c) The Secretary shall award grants to eligible applicants from the Fund based on the advice of the Advisory Commission.

(d) Subject to the availability of money in the Fund, the Secretary may award grants to eligible applicants to:

(1) foster the creation and expansion of State breweries, distilleries, and wineries;

(2) attract new visitors to State breweries, distilleries, and wineries;

(3) encourage and create incentives for special events to promote State breweries, distilleries, and wineries;

(4) educate the public about alcohol manufacturing in the State, especially the history of the industry;

(5) conduct research on, develop incentives for, and promote the growth of State agricultural products used in State manufactured beer, wine, and spirits; or

(6) support the expansion of minority ownership and participation in the operation of State breweries, distilleries, and wineries.

(e) An eligible applicant may not use a grant provided under this subtitle to:

(1) satisfy any part of a matching fund requirement of another State grant provided to the eligible applicant; or

(2) pay for activities related to lobbying, as defined in Title 5 of the General Provisions Article.
Md. Code, Transportation § 5-902 — MD Code / Article gtr / Title 5 / Subtitle 9 / Section 5-902
§5–902.
Status: in_force

The Administration may adopt rules and regulations providing for the licensing of air schools.